Show EVIDENCE COMPUTED COMPLETED IN HEATON MURDER CASE alleged confession is not admi admitted eted as evidence but damaging statements W are given to the jury defense sets up an alibi and evidence to prove that heaton was not the perpetrator of foul crime defendant did not take the stand when court com ened alt nd IV there was not ao 0 o many pre ent as on S satur day but before the noon recess the room was crowded to the of suffocation the alleged confes confession ion was introduced at this session and ohp auty was retired in order that it could be discussed Ms mrs M s roote foote was recalled as the alist witness and she was shown the mood hood stained garments taken from the body of mary these were admitted in evidence sheriff brown was recalled by the defense for further cross examina examination tien as to the statements of the deien de dant as als to his whereabouts on the after noon of the tragedy he said he was visa at school in the afternoon irom from school to the store then up over the hill to a point of rocks and nd waited there awhile at ons point attorney thirman interrupted by saving mg he and no not want any statements of the defendant made subsequent to the time of his arrest resuming the witness said the defendant claimed he went to the house then to his aunts and called for charlie esplin then to ins his own hou house s e and cleaned out the barn then to his aunts place then to the store and from there to his auts au ts place where he be staged all night in the opinion of the sheriff he be covered the of his whereabouts all afternoon he as in company with heber meeks at the store but witness could not remember as to who he claimed was with him during the afternoon witness did net interview anyone anone as to bel belg beig g in company with the defendant on re direct camiri tion he testified that lie faa purchased cartridges at the co pp ap store and asked the clerk for from the same box as alvin heaton had purchased from a few days precious pre prex lous ious scott cutler was vas recalled called le ie for fuz fui ther cross examination defendant defenda nt slid said to witness when being examined as to his whereabouts on the afternoon of the murder that the went from school to the teore ahn he went home drove borne coni out of the vard ate a lunch went to the barn and watched a setting hen for 10 0 minutes his mother requested him to fix bithe the fence but he did not do this instead he went to his aunts and called for his cousin charlie esplin he then went to the store and returned home and cleaned out the stable he changed overalls twice during the afternoon in his statement there was some time around 5 that after noon which was not accounted for the witness claimed that he had taken notes at the time and if he had the notes he could refresh his mcemory on the points point was pressed for a statement f any time during the afternoon which was not fully accounted for but he e claimed he could not remember in deball juror hans tuft asked the witness if be as prosecuting attorney had bad tried to substantiate the story of the defendant he replied that he had but ut was not able tu to find witnesses who had bad seen him to mr thurman he stated he had seen several people and they had said they hey had seen the defendant dt at the times and places he had mentioned but aut he could not find anyone who saw him nm at the barn while ho he watched the hen len but admitted he had not asked the boys mother because he understood there was no one at atthe the barn but the boy bov Mrk Mr Thurman exhibited considerable heat in this cross examination the first real concerti concern he has manifested in the trial and it was taken as an indication that the defense will rely on an alibi thomas chamberlain of the kanab stake presidency was the next witness he testified that he n is treasurer surer of kane cownty about 5 years bears ago and is 13 now one of the school trustees at einab IC einab about al kiy ay iy of la lat last t seal he had a conversation with nith defendant on the subject of the many mulder ilan hail C Soi enson 11 II S cutler and james A brown were present this was the critical point in the case for the prosecution it is the alleged confession attorney thurman asked that the jury be taken take aiom the courtroom as the alleged confession was a matter for the court to decide as to its admissibility the court ordered the jury jory to he be withdrawn until the matter was investigated As soon 29 the jury filed out the district attorney resumed the examina tio of the witness the witness replying to the district attorneys quest questions tons said that no promises were mada to the defendant nor promised promis prom isei eq held oui to him in order to get him to talk of the murder case Wil wetness testified to being a couise counselor lor to the president of the kaneb stake of the L D S church as na acting as a counselor of the stake pies Kent at the time of his conversation and there had been no appe appeal j 1 from the defendant for spiritual or cc other consol consolation stion owing to church association witness did not make any kind of promise or threat or oi inducement in order to get a statement horn flom the defendant nor did anyone else do so EO 11 I 1 I 1 witnesses presence trie the witness heard a statement from the defendant and then it was suggested that it be reduced to writing chich hh was done the sheriff and county attorney vere ere called in and the sheriff wrote as the defendant dictated this was then read to the defendant rand and he be signed it the statement was first made to mr and the witness and then repeated to the sheriff and attorney at no time was there avy acy threat or promise made to induce either the statement or the signing of the same the alleged written statement was submitted to the witness and he identified it as the one written by the sheriff at the defendants dictation then occurred some little legal wrangle as to whether the alleged statement stat emert should be offered in evide nea the district attorney was not quite ready to offer it and the court then said that the matter so tar should have been submitted to the jury the district attorney then decided to ober it in evidence and the defense forr formally nally objected to it on cross examination mr chamer lain stated that neither the defendant nor his father had asked him to visit the jail it was about 9 at night that the witness visited the jail at the request of the prosecuting at torney alvin heaton knew that the witness was one of the stake presidency but bat the latter denied that he was there as a member of the stake presidency witness had collected some evidence in the case and had told the defendant that he had secured considerable evidence and it would be better for him to tell the truth he stated to the defendant that he had made some investigations in order to clear up the case against him but that tha each teach step had bad only bbown things blacker against him he denied having quoted any scripture to the defendant or quoted the ease case of david and uriah or Annani asand sapphira or used any inducement with the boy he talked with the defendant about an hour and a half on the murder and other matters among them the penitentiary tent iary and its rules and regulations were discussed the witness denied that he was at the jail as a member of the dominant church or as a church official or that he used that member ship hip or official position as a lever to get et a statement from the defendant much stress was laid on the teachings of the mormon church charf h as to obeying and honoring the officer offie ctr ir of the church witness admitted having said aid to defendant that tre tle guilty party could not get from under the guilt of that crime and if he was innocent lo 10 stay with it but if guilty he would be better to tell the truth witness denied that he had appealed as the superior officer in the church and claimed that his church relationship was never thought of in the matter it was near 12 when he lift the jail and it had taun about an hour to get the statement from tle the defendant at no time did witness wit nessi tell anyone that he was at the ali until 2 in the morning ahe witness admitted that the wording of the statement wa na not exactly the words oi of the defendant as a it via ai written bi 63 the officers the defense then objected to th adiv admission ion of the statement on the ground that it at was a confession made to a clergy or priest of the sarre religious denomination is the defendant ind as further ground that it was an involuntary confession made after undue influence hid had been med and as a further grounds thit the witness was acting for and under thu the direction of the prosecuting attorney and that he was engaged in securing evidence against the defendant the court asked aaen the witness wit nes if ie he I e had warned the defendant that any statements he might make would be used against him witness answered that he had bad not so warned the defendant to the district attorney he stated that the defendant had requested after the signing of the statement that his father and mother be told of the confession first and after that he did not care who heard it H C bishop of mt lt carmel was called he corroborated corro berated the evidence of the former witness and identified the signed statement offered as a confession on coobs eximina elimination tion he stated that he was there to try to evidence for the tha prosecution in III tu to A at 1 c I tur lur un in the witness said that the teachings of the mormon church men arc to the pt f continued 5 on eighth page EVIDENCE COMPLETED IN THE HEATON MURDER CASE continued from firt first page effect that the members were acre to re rea and obey the counsels of the leaders and prominent men but only in church capacity and that on other matters church members were free to use their own oan judgment and they were not bound to repe respect ct nur nor honor church members outside of church matteri he admitted that they told the defendant that them the had some evidence which bich pointed to him as being the guilty party but he co could uld not ilmer her ber that the words darker and darker had been used in this connection As to the talk about the penitentiary the defendant brought up the matter in connection with nith the talk of them moina him to the penitentiary and he anxious anious to know whit hat sort of a place it was mr chamberlain had been there and he explained too rules and regulations of abl th pen As to scripture quotations witness admitted that he quoted to the defend ant th the e case of daid and lithall aithan where one ewe lamb was nas taken from the owner and divid david pronounced of death of the min mail ind and nathan qaid laid thuu thou art the man 11 he also admitted quoting the incident of annanias ind and sapphira lying about the sale of C ertain 3 and they had fallen dead the of ohp isit was to obtain a confes confession bion from defendant court tool took a recess until 2 MONDAY AFTERNOON As soon a court convened the district attorney withdrew the alleged confession which had been offered in evidence and the jury was as summoned into court james A brown was recalled refilled recil led and upon direct examination testified that subsequent to ma the defendant alin heaton had bad been warned by his father and by attorney brown broan not to make any statements as to the killing of mar A few days after maa ma attorney brown bron warned the defendant as to statements of the killing this matter was vias objected to by the defense and it appearing to the court that the matter of the confession would be touched upon lie he again ordered the jur i withdrawn ith drawn until the matter could be heard beard after the jury retired the stated that he heakin attorney brodi tell defendant not to talk about the killing of mary A few fen das dabs after maa ma the ither father i of the also warned arned the defendant not to talk about the cae at various arid times attorney brown warned him not to tall after the preliminary examination the defendant was again x warned arned to not do any talking there envied ens led a legal Nr wrangle angle as to the of certain state ments mants made by defend nat after the time at which the alleged confession wa na made when this was as straight bened out the Nit fitness w ness stated that lie he had heard the defendant speak of the killing of mary Ste aveni the district attorney then made a statement ent that in july or cr augut august the defendant asked the sheriff as a loung joung man passed who ho he was nias and being told his name he said he was vas in jai jail 1 for some time as nt he hea the sheriff replied yes he was vas in jail two or three months the defendant defea dant then said 1 I would have been out of this if I 1 done what I 1 did the sheriff answered yes if yuu you killed the girl you would have been out of here now to v which aich the defendant made no reply both side fought vigorously on this point the defense claimed that any subsequent confession or statement made by the defendant predicate pred icat ed upon the or original ginal confession was inadmissible the prosecution claimed that the alleged confession had been withdrawn and was not a matter before the court and this last statement had nothing to do with the first confession but was simply an implied admission the defense then offered the alleged confession to the court to secure a ruling on its admissibility the court refused to rule on the confession unless it was offered as evidence to the jury the contention of the defense any confession obtained from defendant by b illegal means either cither threats or promises prom ibes could not be admitted in evidence and aej an subsequent contes confes or admissions which aru are made under the same iril influence luence can not be admitted numerous authorities were quoted on the matter the prosecution contended that 11 this case this evidence now offered was not a confession but an implied admission of the defendant and was in no vay connected with aith the alleged former confession and it should be admitted the court ruled thit as the fist conic bion vias not 1 before him he woud refuse to tn rule or on its irmiss ability abill ty but for the purposes of a ruling on the pre present ent f evidence vi derice offered efti red he would assume that the first confession was A as inadmissible imd but the evidence now offered was as not under the same influence and nd th therefore refoe it would be admitted fhe che defense took an ail exception cep tion court then took a reccea for un ten minutes and the bailiff was mas instructed to bring in the jury upon reassembling the examination of sheriff brown was continued before the jury he stated that he had had some coner conversation gation v ith the defend defendant an t in the latter part of july or august in einab ib ab to the killing of mary steab ens ile he did not hold out an adv threat or promise in endel to get him to talk the district attorn attorney cy then asked for a statement of what was said and thurman ana wedgewood made objection as to any statement tit ement made anide by the sheriff to which defendi at did not as an officer and prisoner are not on oil equal grounds and insinuations statement and implied acts made by the officer which the defend ant was not required lequir ed not noi expected to could not be admitted the objection is as to the things said b bv the sheriff was nas sus lined turied continuing the witness slid said the de ind and witness were hauling h hi 13 and oung coulig cuimei pa passed cd along de DC fend int s iid aid that fellow fellos s been to jail he hea the heniff said ye yea hes been in jill j ill defendant defond int what hid had he done 0 he got into trouble with v th i a girl irl defendant how hoin long was nas 1 he c in ina sheriff about two or months monell defendant |