Waterbury evening Democrat., 1907-04-16
PAYNE'S CASE HEARD
Bound Over 10 Superior Court
 Under $500 Bond.

ron E Payne for assaulting his wife with a hammer on the evening of Saturday, March 23, was heard in the city court to-day before Judge Peasley. Mrs Payne seemed at first to be either very reluctant to tell about the occurrence, Or she still bore the effects of the assault. She did not seem to know what was required of her. Tears were in her eyes all through her recital of the trouble ana once she wept aloud.
 She said that she has been mar ried twelve years and at the time or the assault was living at All West Main street, corner of Judd street. On the evening of the assault her husband was sitting at the window when he remarked about the clouds land wondered if heaven was up there and why his call to so there was so long coming" Then he be- gan to cry" said Mrs Payne. Later he talked about spirits and he saw her sister, who was visiting them. start for home. Then he asked his wife to arrange the pillows of his bed, saying he would retire and while she was bending over the bed he struck her on the head with some thing hard. Turning around she saw the weapon was a hammer and she asked him if he had struck her. He said, "Yes, know have" and he struck her again. Here tears filled the witness eyes, and after she had recovered herself she identified the hammer as the one she referred to.
 After she got the second blow she ran away, but her husband ran after her and tried to strike her again. She threw herself down the stairs to the flight below, and there she tripped on rising and fell down to the next flight. At this point she was asked to tell, as we'll as she was able. what words had preceded the blows, and her answers were SO vague that she was reproved by the court.
 She was asked if she had had any dispute with her husband about his conduct with a girl living in the house. This question was ruled out, and then the witness said that as we'll as she could recall her hus- band said he would kill her. Her wounds consisted of half dozen sim pie scalp decorations. Sunday morn ing she was taken to the hospital as she was extremely nervous.
 While in the hospital her husband visited her and told her she would have to get divorce. The defence, which was conducted by Attorney Russell, tried to show that the men, tion of a divorce was made in cas- ual conversation. and was meant as Kindness on Payne's part. Mrs Payne said her husband told her he would give her everything she want ed but she would have to get di- vorce as he might have another at tack and hurt her. Concluding her cross examination. Mrs Payne said they had lived happily until they went to live at All West Main street.
 James o'Donnell. a brother of Mrs Payne identified the hammer as the weapon that was used by Payne, On the handle there was blood. Payne then took the stand. He said his health for two weeks previous to the dtSduit was idt iiOih 6OOu. IN worked night and day almost and his appetite was low. After his wife was taken to the hospital he was or dered there. too. to undergo an oper- ation but 1t has not been performed yet. So far as the assault was con- cerned he did not remember anything about it. He had no trouble with his wife and no provocat!on. The first he knew about any trouble was when he was in the lookup. He asked a policeman what he was there for and he was told 1t was for intoxica- tion. As for a divorce he had nc desire to be parted from his wife When she was in the hospital he told her he had lost his work and would have to go out of town to get some thing to do and she said she was afraid to live with him again. Here the prosecution stated that he wish. ed to show there was a motive for the assault. and Attorney Russell said he had no objections so long as inno. cent persons would not suffer. The question was allowed and Payne wal asked why he did not move away from All West Main street and he said because 1t was good and cheaT rent. Prosecutor Meigs then tried tt show that Payne never took his wife to a show without taking some other woman also. This insinuation wa! resented by Attorney Russell. whs said that no woman would brook such an insult as was implied in the prosecutors question
 Dr Graves was then called, he be. ing the Payne's family physician. H, said Mrs Payne had four or five scalI wounds. in some of which there were four or five stitches and in others ons or two. He observed Payne's de meanor was depressed and melan choly. but he would not say that ht was suffering from temporary brain storm. said the doctor. If the ex pressIon is allowed" Still, aftei talking with Mrs Payne about tn, matter he saw no reason or cause fol the assault, yet he would not ga, that Payne was temporarily insane
 Mrs Payne was recalled to tn, stand and she was asked if her bus band had been reading books abou spiritualism "and such things" Tn, question was ruled out. The stat, then claimed the case was seriou one if not murderous assault. whil the defence claimed temporary in sanity. The court said 1t was un ouesfionably murderous assault and if accused was not insane at tn time. it would not be safe to permi him at large and risk a repetition O It. Payne was then bound over un <o~ Nafr of e-nn