Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-11-28

ginnis and j. II. Tobn and the case
will go to the jury at 2:30 o'clock this
afternoon following the closing argu-
ments of the state by r. c. Loofhou
row. Judge Maglnnis made a powerful
appeal in behalf of the case OF the de-
PENDANT which lasted one hour and a
half. The grounds upon which his
arguments We're based as to why Vance
should not be convicted of murder in
any degree, are, first, that 1t had not
been proved that Mrs. Vance died of
poisoning OF any kind or description.
second, thatit had not been proven that
Vance administered poison to his wife
or that he intended administering
poison; third, that in case Mrs. Vance 4
did die from the effects of deadly
poison, she herself, had threatened to /
take her own life and was prior to her
deceased, taking medicine OF poison
GUS nature.
John r. Tobin, In opening for the
defense at 8 o'clock this morning, de-
voted his argument to showing alleged
discrepancies In the testimony Of the
witnesses. He called special attention
to the testimony of Mrs. Wunderlich,
who at the preliminary hearing one
year ago had testified that no bubbles
We're found in the glass which sup
posedly contained the poison and at the
present trial made the assertion that
bubbles We're found by herself in the
glass.
He drew attention to the fact that
Lena Vance, one of the states strong
est witnesses had since the death of
her mother, been living with Mrs. Ward
who Mr. Tobn asserted wished to con-
Wet the defendant. The child, said
he, has been Influenced by what she
heard. Mr.. Tobin spoke of what he
termed as the inexcusable careessness
of DR.. Kerr in not taking more care in
his tests and of the poisonous tablets
and of his carelessness in taking away
the hospital record.
Judge Maginnis then delivered the
closing argument for the defense. He
, expressed himself as being well salts
fled with the fair way in which the
case has been presented by the state,
but regretted that much carelessness
| had crept In.
Mr.. Hanson" said he, gave the key
| note as to the true status of this case.
the substance of his argument was, If
! Vance did not kill Mrs. Vance. who
! did? They must prove that there ex-
| lists no reasonable doubt that Vance
murdered this woman
| There Is a remarkable feature of
! this case he said I'VE find a woman
| in bad health with four small children.
| two in her arms, having trouble with
one daughter, talking with members of
| the family with regard to criminal
operation, saving that she would have
! no more children, saying that she
| would rather die first. We know from
| Dr. Caderwood that any of these med
icines taken in sufficient quantities will
! prove fatal. Drs- Kerr and Calder
| wood concurred i'll the opinion that oil
OF savin taken in large quantity would
4, kill. Suppose they kill Mrs. Vance with
/ oil of savtne, then there Is case. Not
that Thomas Vance administered 1t and
If the oil of savin in the case who Is
going to convict Thomas Vance OF
! poisoning his Wife with mercury. Did
you ever see a case SO carelessly handl-
ed as this one has been DR.. Kerr
walks off with the tablets. The records
kept at the hospital which tell OF the
!, condition of the patients We're not COM
/ piled IN an orderly manner and when
/ DIR. Kerr was questioned concerning
the case he did not remember. hit,
needs must go to the hospital and look
/ up the records of the patient he had
treated, He takes the records into his
| possession and one year AFTER we must
| hunt all over town to find them. A
mans life is hanging upon this testI-7
! nlony..'
4 Did this man beat his wife to
DEATH said he. Vance did beat his
| wife but did he kill her? We all. know
that the beating did not kill her.
. Ns'itNe hlNhcu MS vic STle ac-
! cordinglE received q shock, but she
went UP town With a baby in her arms
and returned home and prepared the
| noon-day meal. What is the evidence
! of severe shock and why did not
| Or. Kerr treat her for shock Or.
| CalderWood, who did not see Mrs
Vance until after she was dead, testi-
| fled that he found injuries. Mrs. Tay-
| Tor found nothing. as when she ex-
| au1iOed the body the bruises ha,i ale.
| appeared What IS the evidence of
| shock. Are you going to hang this
man on this testimony"
Secondly. did he poison her? You
| have direct evidence that she was pol
ssned by oil of sarine They must
! prove that she was poisoned by mer-
| curic bichloride and thai the defendant
/ administered it. Has she been poisoned
and by what poison. Can you assume
that 1t was bichloride ard not oil of
| sarine?''
Judge Maginnis then rehearsed.