Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-11-29

thut up 20 the time of committing fhe
crime charged In the indictment thr de-
lendant was sane. and shall further
mud beyond n reasonable doubt that
Immediately thereafter the defendant
was sane. then &c Is strong presumption
that the defendant was sane at the fitra
or the commission OF the crime charged
In the Indictment.
1.-The jury are instructed that an
evidence OF the mistreatment OF thc do
fendant by Arthur Brown whether bv
word or act, whether testified bv the
defendant or other witness was "a
mittcd solely as bearing on the sanity
or insanity OF the defendant at the time
or the shooting and IS not 10 b., ror-
hdered by the jury In any other way.
THE jury are instructed that II
they believe from the evidence beyond
a reasonable doubt that the defendant
threatened and menaced the de-
ceased with n loaded pis-
toll or the purpose Of COM
pelling him to marry, or for any other
purpose and while SO threatening and
mcnacing the deceased said pistol was
unintentionally or accidentally dis
charged and the deceased received
therefrom the wound of which he died,
the jury should find the defendant guil-
ty Of manslaughter."
DIR. d. X. SHUTE.
Or. y. X Shute, who began his tes-
tinony Wednesday, resumed the stand
and ON cross examination reiterated his
statement that I'm his opinion Mrs
Bradley was not insane. The defense
sought to contradict the witness by a
previous statement made to them that
Mrs Bradley was not mentally respou-
siblc, but on objection bv the govern
ment the question was altered and Dr
Shute said his later opinion was based
on his personal observation Of the de-
PENDANT.
SAYS SHE WASN'T INSANE.
Edward Mclean. son Of John r, Nc
Lean, of this city and Cincinnati. who
was reporter on a local newspe per in
DECEMBER last saw Mrs. Bradley after
she shot Senator Brown but noticed
nothing about her 70 suggest that she
was insane She was rational and
talked coherently. She did not appear
specially pale or unusual IN amy way.
REV. DAVID UTTER.
Rev. David Utter. pastor Of the Uni
tartan church at Denver, Colo, who
was in salt Lake city. In November
1905, exchanging pulpits with minis
ter of that place was called TO the
stand and asked to testify concerning
ley. He said he went TO the defendant
because OF her trouble.
The defense objected TO the reception
of his testimony on the ground that
If he was called 90 contradict tho de-
PENDANTS testimony the government
would have to submit specific state
ments 10 him and could not examine
him concerning his talk with Mrs.
Bradley.
The court called counsel on both sides
to the bench and after a long confer
ence with them the attorneys retired
to an ante-rOom for a further confer
ence During the intermission In the
proceedings Mrs. Bradley intenuy eyed
DR.. Utter who avoided looking at her
When counsel returned, DIT. Utter
was placed on the stand and In reply
10 question, said that on the Occa-
sion Of the conversation Mrs, Bradley
told him she believed Mr.. Brown would
marry her.
i expressed the opinion" said the
witness. that he never would. But she
thought that he would. This was
somewhat long conversation and the
burden Of IL had been. on my part. to
encourage her to give up the idea Of
Arthur Brown. I said that "a
woman was at a great disadvantage in
suing for the love Of man and that
she would fail 10 accomplish her OBJ
ject. when she was anxious for mar
riage. on all grounds l urged her 70
give up what she was attempting but
she pleaded for her children, saying It
was right and he ought to be made to
do it."
GUN AS AN ARGUMENT
During this testimony Mrs. Brad
ley lowered her head
she said" continued the witness.
that when & came TO a test and a
gun was pointed at Arthur Brown he
would accede and marry her. / don't
remember her exact words. She sald
Arthur Brown was a coward at heart,
and II a gun was pointed at him ana
he was told he must marry her he
would do so. ] told her l did not be-
lieve Arthu Brown was a coward.
i said he ought never to be urged.
There should be no compulsion ever
used You will lose all your influence
II YOU do"
Judge Powers.
Il don't remember exactly
Now, did not you say TO her I'm the
course OF that conversation You would
do that would YOU? And she replied.
OF course not
yes" said Or. Utter, Il said sup
pose he calls your blum, what them
Would you shootg oh. no. was her
answer"
Dr. Utter said she did not threaten
10 do this herself.
1T might have been her brother or
aer father. or anybody who was TO
bring about this conpulsion," the Wit
ness added He, however, had the idea
hat Mra. Bradley herself would do ~
she was under a tremendous obsces-
slon." continued Or. Utter, was al
most unhingcd; ana ! felt that she
might undertake 20 threaten Brown"
"And her thought" asked Judge
Powers. As she expressed a during
your conversation. was tho giving TO
her children "a name in the word2"
"That was IL exactly" said Or. Ut
Ter and he added that Mrs. Bradley did
not appear vlciously inclined, but all
ways pleaded that she loved Brown
There was not apparently a thought OF
niuring him. but that just under this
Dbscession she must justify those
children" said the witness.
UTTER DEFINES OBBCEssTON.
Asked 10 describe what he meant by
,bseeEsion, Or. Utter. facing the jury
and raising his voice said II was "pos-
session from the outside" and he Nus
rated by saying II man was pos
sessol OF devil the deyll was sup
posed 10 be IN him. HObscesslQu Is an
dea that runs into the mind and con-
.rols outward objects and controls the
Inward person. ~ differs from pos
session Ia being an outward object In
stead OF something inside. II was the
.hourbt OF her love for him that con-