Show COURT ADMITS DYING CONFESSION H Hj j f if t SAID SAIh AJ TO A HAVE SEEN BEEN MADE BY HAYNES AYNES I if t AJ A r Def Defense in ina a Murder Trial Scores an Important Important- t Point 9 Witnesses Say Haynes Hay Hay- 1 nes Exonerated T His H Slayer ff if STRONG POINTS IN DEFENSES DEFENSE'S EVIDENCE t t If MRS PEARL COLTON SMITH S1 telephone girl Jirl at the Knutsford If Just JUt after Mr onas was shot I Iron ran t to him ntH and placed a pillow w under f fI t f ff his head I heard him say I 1 am done fori for I got Jot what l I deserved t f City Attorney I 1 pas passed ed nc near r Haynes as he lay on the 4 41 t 1 f floor Just nt after r he was shot I distinctly heard him say Oh I am done donet f ff t 1 f for tor I 1 got cot what I deserved iT T t The rhe defense In tho the Kaighn Haynes r- r murder trial scored an Important lc Ie Cory kory this morning mornIng- Judge lor 1 Morse More e overRuling over over- Ruling District Attorney motion mo too- I I tion to strike out the testimony of or Mrs earl carl Colton Smith l She Swore To The latter r swore ore that while she was placing a pillow under Hayness Haynes's head after he was WC shot In the th Knutsford hotel she head the wounded man sa say that h he was to blame and got what he Another strong point was the roan of City It Recorder who corroborated Mrs Smiths Smith's story The morning session was spent In arguments arguments arlI ments over the motion to bar bal Mrs Smiths Smith's evidence Brown Resumes His Argument When the session of or the court opened at it 1005 o'clock this morning Slate Senator Drown Brown for the defense resumed hI his argument against n District Attorney s motion made yesterday afternoon afternoon after after- noon asking that the court dourt bar the lice testimony testimony tes tes- of or Mrs Mn Pearl Colton Smith who t testified on the tho stand yesterday that she had hi lizard heard ard make a fi statement a a. short hort time before his death to the ef effect effect ef- ef that he had gotten what he deserved de de- served l' Motion Is Overruled After Arter J listening to the arguments of or orth th the tho counsel for the defense Jud Judge e Morse Morge overruled Mr motion Mrs Smith was recalled to the u witness wit wit- It- It ness stand Mr 1 Hoffman for the deen defense defense de de- en e. e questioned ll the witness as to Mr 11 remarks made shortly after arter he was slot shot Mr examined cross Mrs Smith for the Slate Stale on the Stand Joseph City Recorder the Continued d on page G G. Court Admits Confession Continued from Page Pago 1 next witness winess to take the stand said that he vuis was In the tho lobby o of the thc hotel at ut the time of ot the shooting and heard Mr 11 Hancs repeat several times Its Is all al up with wih me It I was my fault Architect on the Stand Stad C. C H H. La La Belle Dele an nn architect testified to having having- made a n diagram of Col havinG home hore which was offered In evidence DI District Attorney objected to Policeman Davis I the thc next witness called caled being allowed to testify on the thc ground that ho had been present In Incourt Incourt Incourt court luring during part of or yesterdays yesterday's s pro- pro A. A The Tho counsel COlnel for tor both sides agreed at the beginning of or the trial that all al of oC the thc witnesses should be excluded excluded ex ex- eluded from the courtroom during the progress of the trial Judge Morse overruled the thc objection and ordered the witness winess to proceed with wih his testimony As to Kaighn's Condition In answer to Mr Ir Hoffmans Hoffman's questions Davis told of or Kaighn's alghn's condition at the time of or his arrest He lie le says sas that when he saw w the defendant in the tho jail jai about abut an hour and a n half hal after the tragedy Kaighn was In a dazed condition and ant who as as ha had the appearance of ot a man not In his right mind In his examination cross cross of or the thc witness witness wIne wit wit- wI- wI ne ness s Mr MI asked Officer Davis did lid you ever see a aman anan nan man within an hour or two t o hours after he had shed human blood before you saw nw young ung on the day in Ia qu question question ques ques- s- s tion ton 7 No o sir Win Witness s Says No Then iThen you ou could not state whether or not the defendant acted differently from rom an any other man who ani only a short time before had tal taken en the thc life lre of oC a fellow fel- fel low v o being belnE No sir I could not not You do not know then what the appearance ap- ap of oC a I man who ho had shed human human hunan hu- hu man nan blood would be he No sir I do not not all al Mr 11 Davis ls Put an Expert Question Queston After Mr 11 Eichnor had finished with the he witness the defense asked to be he allowed to n ask k Davis another queston question The court a assented s and Mr Ir Hoffman Holman asked Mr 11 Davis ls to explain whether he thou thought bought ht alghn's unusual appearance and deme demeanor nor was cau caused ed by the thE use of ot stron strong drink or drugs or whether It was vas due to the great rea t ment strain mental l. l he hewa was wa laboring under because of oC his havIn hav- hav In lug ng committed a S murderous m suIL The witness said ald he could not nol answer an an- the Qu question ston a as he did not know The last witness called to the stand at the morning session was Policeman Sperry Sperry was on the stand when the he court curt adjourned for lunch Sensation Is Sprung The Ren sensational features In the thc case ease came out at th the afternoon session of oC the the- the court yesterday Y when Judge JUige King for for- forthe the the defense made his mae opening statement to the Jury Judge King in an eloquent address said paid that the defense would show by testimony of ot otee eye ee witnesses of or the tragedy and medical medical medi medi- cal experts that tha t Ro Roy Kaighn was temporarily tem tern insane and laboring under strange hallucinations when he fired fred th the fatal shot shot Juc Judge e King told lold of oC early life and of or his continued use of or cigarettes and opiates from the time he was S 8 years old In relating the circumstances circumstances circum circum- stances which led up to the killing Judge King said I Discusses Family Matters In Jul July of oC 1901 1901 Col Cot Kaighn married Miss Efe Coates and took the bo boy to his home to surround him with wih home Influences In the house was a young woman Miss Mis Jennie Coates a sister of Mrs Irs nO Roy Boy had met Miss Coat Coates before and she manifested a sisterly Interest in him and he felt a brotherly affection for her but there was no love lo e between them Miss Coates had known Haynes Hanes several years ears and he had asked her to become his wl wife It I was in Jul July 1901 at Saltair that Ro Roy met la Haynes nes and received him most cordially as the affianced of oC Miss Coates Contes He met him at the house several sev sev- eral erl times after that The evidence will wi show that h he was In the habit of or smoking from thirty to fort forty c cigarettes a nl night ht and sat up nil all al night at times drinking and smoking smoking An Assault Is Alleged On the evening of or November 2 2 1901 Haynes Ianes took Miss Coa Coates tes to a concert concert and coming home with her about 11 1 o'clock went into the parlor to wait walt for his car The Te evidence will 1 show sho that as ns the they sat In the parlor Haynes Hanes sat on n a 1 sofa and Miss I Coates occupied the rocking chal chair The Thc evidence will viiI wi further further further fur fur- ther show that Haynes put out his hands and drew th the tho chair to him and made Improper advances all ances toward Miss Coates Coates' that Coates that he made an a assault nul upon her II In Ii the struggle that ensued Miss Mis Coates fell fel to the thc floor and bit hit Haynes on the thc arm causing th the tho abrasion testified test test- fled fied fed to by Dr Root Was a D Witness Wines The testimony will wi show how th that t Roy noy KII Kaighn hn was as sleeping in ina a room rom overhead overhead over over- o er head and hearing the noise nolee came downstairs and saw the conclusion lon of oC the affair He witnessed sed MI Miss s Coates ordering Haynes Hanes out of oC the place and heard Haynes Hanes attempt to make some excuses The evidence will vili wi show that Roy noy wont went ent to his room and smoked Cort forty or more mor cl cigarettes retes during the night drank dranka drnka a a quantity of or drugs and that the next da day he ho drank more drugs and then went to the Knutsford to demand that Haynes mak make an apology to his Ils parents for tor his conduct in his fathers father's house It I will wi show that when Roy Hoy went there he had no intention of or mur murder er and d h had d ro no such Intentions when he left lef home for he had Lad a gun bun and revolver re ol there Why He Bought Dought the Gun He lIe bou bought ht the nun gun run because he thought of or Haynes being a bigger man mait and might make an assault upon him when taken to account for or his aNions actions It I will wi be shown that he demanded of oC Haynes Hanes that he ht make some apology to his parents and that the thc latter later said Keep your our damned no nose out of Or f fair tall and made a motion moton as If It to dr a D gun or strike It I will wi be shown that the defendant although mentally unbalanced un tin- n nh h balanced feared that lanct lares Haynes was goIng go- go o- o Ing lag to do 10 him harm and then tien the shot shot was fired fred The evidence will tili wi show that the defendant could not remember anything any any- n I thing about the shot how he ho came to to I. I fire fr It It or what made him fire It I. I Says Haynes Exonerated The evidence e will wi show how ho that that Haynes after heln being shot said 11 that ho he hl got Jut just what That he d deserved erve and that on hl his deathbed told Col Cot l alghn th that t the thc boy wa was not to blame We e will wi show how that under the In Influence of oC drugs as he was he was not responsible for or his acton actions At the conclusion of oC his hil ment Judge King read red the deposition of Walter alter aler Barrett who was summoned by the prosecution at nt the thc preliminary hearing In the course of nC the examination examination examina examina- tion ton the thc witness winess had at admitted that that he i saw fW Haynes Hayne make a n motion moton as If It to pull pulla pul a gun sn on tho the d defendant An Impartial Witness The first witness called cled to the stand standby standby by the defense was Mrs Ir Pearl Gallon Clon Smith who had charge of oC the pu public le telephone on the day ay of ot the tra tragedy e l Mrs Smith testified that shortly shorty after the shooting she he heard Hn Haynes nes remark that ho got Just what he ed deserved District Attorney Eichnor objected to the introduction of or Mrs Irs Smiths Smith's testimony testimony test test- mony monyon on the ground that it Jt was merely Hayness Haynes's opinion and ad could not be accepted accepted accepted ac ac- ac- ac as a evidence A number of oC authorities au au- au- au thorl were quoted by both sides Judge Morse took the matter mater under advisement ad ad- nt |