The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-11-06
Prisoners Eldest Daughter
Makes Demonstration at Close
of States Argument.
CHARGES MR.. LEATHERW00D
WITH BEING HEARTLESS
Jury Retires After Organizing,
and VIII Begin Its De-
liberations Today.


for the second lime in two years The
taking of testimony in the long fought
wife murder case was finished at 4;3O
o'clock Saturday afternoon and the
argument Immediately was begun,
L. o. Leatherwood, assistant district
attorney, who has handled the state s
case unaI1ed, made the opening and the
closing argument for the state. John
F. Tobin opened for the defense and
was followed by 5. A. Maginnis Of Og-
den. Maginnis was followed by A. j.
Weber of this city, who succeeded the
late Judge ". l.. Maginnis of Ogden as
associate counsel, closing the defense S
argument; Mr.. Leatberwood ended the
arguments by closing for the state.
Girl Makes Demonstration,
Mr.. Lcathcrwood. in closing, init
mated that The prisoners daughters
had been coached by their Ogden rel.
atives, with whom they have spent con
siderable time iu the last two wears
He said that Inc believes that the dauCh-
ters told The truth at the first trial
and painted u pathetic word picture of
Mrs Vance s death aud Vance IS alleged
cruelty. This caused the eldest Vance
girl, who, with the other Vance chill
drcn, occupied n prominent place near
the prisoner. to make a demonstration.
Rising. sho exclaimed, but III so low n
voice that the Jury was unable TO hear:
q thought that YOU had Il heart,
Mr. Leatherwood, but after what You
have said tonight | know you haven t
any heart,
The girl, seemingly deeply agitatcd.
was drawn down into her chair by her
uncle, 4. Is. Vance. and, burying her
face i'll her hands, remained in this
attitude until tho jury was instructed
and retired,
The court s instructions consumed
more than thirty minutes, and it was
after Ii O'Clock when the jury got the
case. Judge Lewis told the Jury that
the court viii be in continuous session
until verdict is reached TO receive
Il verdict or give additional iustruc-
tons. but suggested that inasmuch as
there is little or no heat in the joint
building at night the jury organize and
retire for tho night. This suggestion
evidently was acted upon, for the Jury.
after spending n short time in the iury
room. went to its quarters 10 the Ken
you hotel Court will convene at 10
clock this (Sunday) morning 10 re-
ccive verdict or give more instruc-
tions
In opening for the state, Mr.. Leaih-
erwood reviewed the whole case. Mr.
Tobin. speaking both before and after
dinner. reviewed in detail the testimony
of each witness. Mr.. Weber appealed
to tho sympathies of the Jury, admit
ting that Vance may have heen a wife
bcatcr, but pointing out that he was
not on trial for wife beating. In clos
ing, Mr.. Leatherwood said that under
the defense $ line Of action the woman
either was murdered or committed sui
eide. There was nothing to show sui
eide, said Mr.. Lcathcrwood. and Vince
was tho only person to administer The
poison.
Younger Girl Testihes.
It was another good dav for the de-
femse The principal witness OF the
day for the defense WAS Florence Vance,
younger sister of Lena Vance. who oc-
cupIcd the stand most of The time Fri
day afternoon The younger girl 5 tcs-
timony emphasized again the radical
change the children have undergone
since the first trial in their attitude TO-
ward their father.
tIorcuce's story was not quite rs
favorable TO her father rs WAS her sis
tor s. She said that hcr father did
not kick or beat her mother November
26, 1907. neither did he swear at her.
Instead Of knocking her down with his
clinched fist. as thc children testified
at tho first trial Ire merely showed her
onto the floor, Florence testified Satur-
day. Florence said that she testified
thus falsely at the first trial under
threats from her aunt, Mary Vance
Ward, Of being sent 10 jail il she test-
fed otherwise
The little witness was asked by Judge
Lewis to tcH lust what happened whcu
Vance came home for dinner November
&c, The time ut which he is alleged to
have beat aud kicked Mrs Vance.
"Papa came home for dinner and
after he drank one cup of coffee he
called for another testified the little
girl. 50 Don t fill it full, he said.
Mama might not have understood him
for chen she brought the cup to papa
he said. 'Didn Z tell YOU not To- Gil
the cup so full MANN said something
ahout not hearing and Then papa SAID:
DO you plsan 10 say you did not heure'
Then he threw the coffee at her After
that he picked up chair ard mama
said: Tom, don't vm, hit nc with
that. And then shc started 10 run out
Of doors. While she was out of the
room papa tried TO lock The door but
mama got IN through another door that
WASH & locked. When she came in he
pushed her down aud She got mp and
he showed her down again, and lhcn
papa dldn 90 anything, else. They
said few words 10 each other and then
papa went back to work.
The little girl could moi recall that
her father lIad said anything TO her.
mother while the mother was living
upon the floor. Size admitted that the
quarrel between her parents caused her
10 shed u few tears. She did not
scream. however. she said
The girl is only 10 years old and is
one OF the youngest witnesses in "A muir
der case IN the history Of the state.
Expert Testimony
Dr. Albert Hanson the first wilncss
called Saturday morning. was asked n
Hypothetical question of about 800
words. irving an entire history of the
case, az to whether. IN his opinion, the
w'oman had died Of mercurial poisoning
DIR. Hanson replied in. the negative. The
bruises upon Mrs. Vances body also
were detailed to him aud'hc was asked
If IT WAS his opinion that the force
winch caused the bruises WAS sufficient
to produce death, TO which the physi,
cian also answered in the INCENTIVE, s.,
DIR. II. ). Scott, TO whom practically
Tho same Hypothetical question was put,