IS FREER FREE the cases against him bim dismissed TURN CD STATES EVIDENCE gut but vcr very meagre mea testimony asi iven case dr mccoy eVoy two jyo surprises surp rises were yesterday sprang oy tah abd tbd prosecution in the trial ol of dr mccoy at al salt lake ane first was waa i of placing pacing drug ding clerk collin to tee testily tily against dr mccoy the defense greatly surprised to see sea collin as an they thought him out of the state for I 1 rood macoy acco y seemed ill at ease when I 1 gobin n loate the stand ine iho greatest s was when county attorney j asked that the two az feinst dinst sim duggins be dismissed ew ad the tha state wanted him for a wit witness nees F J collin collia a very important witness in the case and who has baa been in sing since bince last march was located in denver deaver and came from that place yesterday to ti testily for the prosecution lie fie refused to answer onh question mr edwards and appealed to judge hiles hilea to protect I 1 him his eared will the answer criminate you yon yes sir air taen the witness may not cot answer said gaid he be judge to mr edwards the witness testified for the prosecution that he heard beard noises as aa of persons persona struggling and also the tha screams of a woman upstairs in dr mccolla office afterwards baw a young woman come down and she passed within two fec fet t ot 0 witness and he saw she ehe waa between 20 0 and 22 years old dr mccoy afterwards att awards come down and appe appeared to be excited his bis necktie was waa twisted around to one side and his bis tair was disheveled i said doe doc you look as aa if you had been bel D in a scrap and be said no bu that woman up fought so hard that I 1 could can id do with het A little later a young lady came down and went up the street she looked as if she had leen been Eaf suffering fering great pain went up town with dr mccoy and overtook avei took the young lady and the doctor nodded to her I 1 asked him bun who she was and he said it was waa the 3 woman from provo prove upon whom he was to perform an operation I 1 asked ased him how bow he be came to get gat the case and he answered that a few days previous he be bad met dr hicks at the tant tank saloon and had bad been introduced to sm sim dagina and frank carter and had arranged with them to perform the abortion for 1150 50 I 1 saw dr mccoy later in front of ws w Ma matsies Maes esies iea homeard hoade and I 1 asked him if fie had a patient there and ne he said yes that girl irom from prove we got the kid feid all tight but her temperature la is very hig highland hand I 1 fear blood poisoning 7 afterwards I 1 met mccoy again and I 1 asked him how his bis patient was and he be sad baid 1 I am ain afraid the d 1 b h is ia going to die I 1 went down to the west druz store on the sunday upon wt woich ch harry hynds shot dinwoodey Dm woodey I 1 boid mccoy of the occurrence and he yes andl and I 1 might get into trouble myself before night im afraid that gi will die before night after the girl died Dac daetta tors mccoy and hicka flicks came into the tha drug store araa in arm and I 1 said you had bet lev li be fixing up a defense for g ves i 11 just what we are 1 l ui answered mccoy went to see the latter after he was jail aai and be told me to tell dr hicks nto deny the fact that he be hicks ts bd introduced him to duuring and 1 a ler er in ahti mayx bank saloon sabon ait u edwards for the defense rigidly oa the witness and luring during wat flat process the witness testified that he was born in san francisco and was married there uia his wife secured a di 9 from him on account 0 of infidelity infidel infidelity it a out a month after he be came caine here a uz lady named stanfield Sla afield came from a Pran francico cico and joined witness wit 0 and misa stanfield did not live to gh yr er as man and wire wife but she ehe wits was ed here as mrs collin I 1 loit left utah continued the witness the letter par part of march of this pr f band and went to denver where I 1 had bad a situation I 1 y object ia coina away was to get because I 1 was out of funds I 1 it was waa my principal object but an er and subordinate one was that I 1 0 not care to testify against dr me mc I 1 came back here to testify for n oc state at the instigation ol of the chief 0 colica of denver my expenses are t t no paid as the salary of the man urn m I 1 was waa obliged to get as my sub sab 9 ute ate during daring my absence A a lew law redirect re direct questions were put ov 01 prosecutor whittemore Whitten sore and then a rp ri eross cross examination was waa conducted by il edwards and every effort made tu ir embarrass embar raES the witness whose life slid ald actions were minutely criticized b tit bt t the witness gave nis his testimony in a CH dl manner and his answers to ques tims bus concerning his hia own misdeeds wee astonishingly prompt and et eotis y truthful duarins made a very poor bitne witness a and it looked as al it if he was keeping kee ping something back he ha testified thi that t he be came up op irom from provo with carter an and d miss bennett on en february 16 or 17 and the day he returned having baying left miss bonnett with carter it was s carters intention when they came up to marry miss misa bonnett garter carter never neer told witness that his bia relations with bonnett were very intimate but he indirectly gave him to understand that euch was the case the defendant dr mccoy was sworn as a wit witness neB in company with six other for the defense and dr R E hasbrouck Hae brouck WAS the tha first to take the witness box aua ana gave expert testimony to offiel that of doctors allen alien and taylor who testified for the government the testimony was elicited with the purpose in view of showing that the conditions discovered upon the post postmortem mortem examination on the body of miss misa bonnett bonnet might nave dave been bean the result of natural causes and not of criminal pric printice tice there wai no cross examination dr newton D estes was called tor for th tha defense and testified in the same vein as did the previous witness he was cross questioned by mr whittemore as to his personal practice dr noyes testified that david band bannett was aa not what he be called drunk when witness saw him but was intoxicated to justify witness in interfering when he attempted to take more mr T E gray testified flea that he was in the west side drug store some time during daring the middle of match march last when mrs timith smith came in and told dr mccay she sha wanted waited some money or she ebe would be obliged to testify against him mrs smith said eaid she sha wanted to go to st louis and that she was goinz to get married dr mccoy refused to give her any money saying he only had bad five fire cents in hie bis po ket wm win woodring testified that he was employed at the wasatch drug store in in the first part of chii year david bon nett and dr mccoy came in and used the telephone in witness opinion bonnett was somewhat intoxicated there was no cross examination james hegney testified that he ha was at one time a surety on bonds he was in the airest side dreg store when mrs smith demanded money from mccoy aheu coming down stairs from harveys ha rr ey I 1 a court witness heard beard balliu say 1 I know d d well be le ie anicent tino ceat 11 witness went on met ayls bond fol foi 1500 cross ex lied by mr whittemore witness said he withdrew from the b bind nd not noi baciu e he ha thought defendant emilly bat because his bid wife objected to his hia being a surety in Us as large an amount here recess was la laen ken till 2 I 1 when the defense announced it would go further into the bond matter dr mccoy was put in the bitnes b s x in the tha afternoon and that he was 33 years old and was a man of famar he first came to utah in 1891 and passed a medical exam examination nation in 1891 eveline bonnet came to mv office at the west side drug store about february slat aad complained of great paia and stid said s tid aid her name was mrs afro jondon condon her husband being a miner at work in mercur I 1 asked her some the questions usually put pat by physicians in such ench cases bed and after leardina lear Dins the lymp oms I 1 I 1 pr prescribe escrib d I 1 made no examination tha first day only by questions her temperature was juit juat one and one tenth degrees above normal the next day miss banrett came and I 1 asked her similar questions to those of the previous day I 1 concluded that she had contracted a cold and recommended that she continue the treatment which I 1 bad prescribed the first day and also gave her some quincie ie pills oa the third day I 1 explained to the patient that in order for me to treat her intelligently it would be necessary for me to mak an AD examination I 1 attempted to make investigation by the use of the spectrum crum but the instrument ment was io 0 painful th A t misi bonnett made several catena aud and wal an able to io receive the treatment I 1 prescribed again acain for my patient and next nest received ward by a atile I 1 tile girl I 1 think mrs MaEsi manases Ma eases els to call at south first west street I 1 wet there and fouad my patient who had previously been cirling at my office witness tha condition of the patient and faid eald be continued to visit her when he ba called in dr hick ohp advised him to continue hie bia treatment alter after a lay day or two he be also called io dr noyes I 1 was first introduced to mr carter at mrs massies gassies Mas sies house bat I 1 did not know that miss bonnett kasnot was not a married woman at that time on the evening on which miss bonnetts brother david was wag present we ordered everybody out ot of the room because we were abacut to make an examination it would have been necessary to remove mr bonnett because he was wag bome what intoxicated on the kandav evening on which miss bannett died I 1 tried to get a statement from her the last words I 1 beard miss bannett say eav were 1 I have done wrong and want V ti t i be forgiven 71 david bonnett heard I 1 this statement witness said ne knew collin inu f and had bad always held lor for him a alosa personal regard until a short brt L time before this trouble rouble occurred hw visited mg ma in jail however ha weyer continued dr mccoy and brought me cigars papers etc he told me that he and detective franks would clear me and he be wasted wanted to carry on the work in my behalf collin when he ha testified that I 1 said I 1 was afraid t V e ti 1 would croak I 1 never used suh la hi guage in reference rele rence to miss bonnell nett nor any other persan at any time or any glace mr collin falsified in all these matters did you ever asked mr weeds perform perfo rih an abortion upon the person of eveline bonnett no air came the response very emphatically did you ever attempt to perform euch an operation udon miss bonnett at any time or any no sir air detective Det eLive franks testified that collin told him that he to be able to make bome money out of the bonnett case dr mccoy recalled testified in reply to attorney enod that david bonnett Bon nelt the girls girla brother bro lher was very often drunk and had threatened to kill wit witness neis but after evelinea Ev elines deah bealh he called og oa wit wil and asked to ha be forgiven tore ayen and eaid be wanted witness to answer him two questions first tf if his eister was waa ill when she ehe called on him first and witness said she was second whether she said that some gome doctor had operated op aerated on her and witness said she had told him that a dr mccurtin had operated with instruments R j lambert testified in rebuttal that he frequently heard beard screams from mccols mccoys office this ibia closed the testimony and it was screed agreed that the tha arguments monta on each side would ha be limited to one hour and a hilf h and at the assistant county attorney opened for far the prosecution today the arguments were closed in the tha cebe and by telephone just before going to press it was learned the jury was waa still out