Show P on W I 1 WID 9 a THE JURY in a verdict of murder in th the first degree when the case of enoch davis now on trial at for the murder of his wife w m as opened yesterday attorney warnor warner f forthe or tho defence said ho be would prove that dr butler had on the night preceding tho the murder outraged the deceased that crimial relations had existed between them for some boino time and that knowledge of this drove davis to despair and lie he struck her perhaps thieo times with his revolver davis had observed his wife go to dr butlers end ani return with iab him to davis hoube later ho he came to the house and discovered them oc cup ing the same room they jumped out in consternation whereupon davis siezer a re olver and adminis thred two or perhaps three blows upon his cifes head then pursued butler and snapped his revolver three times at him but it failed to discharged upon returning to his honie homo he found he had bad killed his wife and proceeded to dispose of her body as do by the children davis took to hard bard drink and pursued butler but never saw him again the doctor is is said to have loft left vernal at this time and gone to salt lako lake city whore where he committed suicide in order to bolster up this defense witnesses wore introduced E edmond earl testified to having heard rumors reflecting upon the character har acter of mrs davis this tes emony was as objected to and mr air warner who said ho he would prove that the womans comans actions with other men had driven davis to a condition where here v he be was not responsible for what he did dida the court would not admit this class of testimony the witness had seen dr butler talking with mrs davis and had communicated tho the fact to the defea defendant daut judge blackburn stated that if the attorneys had authority for introducing such testimony ho be would like to hear it warner said it was admitted into the irvine trial to which the judge replied thero there was no similarity at all warnor warner thou attempted to toll tell something about tho the excited and insane ins ano condition of davis at rumors of his cifes infidelity william davis eon conof of the defendant attempted to toll tell of somo some family quarrels which had taken place but it was ruled out ho he testified that of late his father had been addicted to tho uso of in toxicants toxic anta ants but that he was far from being a crazy man davis told this witness after tho the killing that he was looking for a man but did not say who it was it was observed that the cho pistol his father had used had been snapped but not discharged mr wayman of the agency at the indian reservation stated that mrs davis had been expelled from the agency on account of other her lewd conduct but this evidence was wag strick stricken cn out other evidence of the cifes unfaithfulness was attempted but not admitted wayman admitted having some interest in davis defence archie avais wanted to correct the statement he had made to the effect that lie was absent on the evening evening 11 of the homicide ho he said lie he was thero there but heard no row going on during the night warner stated that lie ho could prove by a witness david holdaway that a barber named white and Mr had been caught in a room under compromising circumstances also that davis had been an industrious hardworking hard working 0 man up to the time 0 of f his cifes infidelity but the witness had not shown shou n up counsel asked a delay of the trial which was not granted the defel ident davis was sworn and testified met mo t louise in 1870 I 1 in wasatch county and married her the samo year we lived happily until about five years ngo ago the defendant was about to relate instances of his big cifes lewd conduct but the court ruled that ho he would not allow the cifes name to bo be rm smirched smirch ed to assist the in his effort to obtain his liberty I 1 would like the honorable court to allow me to toll tell my story straight through I 1 put my children to sloop sleep tho the night of the 6 5 of june my aly wife said to me if you dont go and see about my washing I 1 will go myself I 1 got up and started saying 1 I wont bo be back tonight but I 1 go I 1 saw her leave the house bouso and go to butlers office she and butler came to my bouba together entered lighted a candle and quickly blow blew it out I 1 rushed into the house grabbed my six shooter and struck not know ing g where I 1 hit I 1 snapped the pistol and if it had gone off butlers dead body would have been left there as ovid evidence once I 1 followed butler out of the room and chased him for several blocks I 1 then returned to tho house and saw my wife dead on the bed I 1 took the body and concealed it i in in a potato hole calculating to follow butler day and night 0 with the intention of killing him I 1 went to vernal next day in search of him but have nev never or seen him since thep the paper aper says ho has committed suicide I 1 will confess I 1 was out of my mind and dont know exactly how tho bloodstained blood stained clothing was disposed of cross examination brought out that tho the witness was once arrested for grand larceny and brought to provo what are you trying me for asked the prisoner 1 I am not trying try ing you replied zane it is tho outraged law of your country tr Y ho had boon arrested for drunkenness and fighting in vernal in relating ro the story of his striking his wife with the pistol the witness almost broke down and ho he hesitated for some time with his handkerchief to his eyes ho he claimed to have no knowledge of having spread down a blanket or throwing the bloody handkerchief under the bareau or any of the frightful occurrences which took place after the killing when asked if butler had loft left anything behind him the witness said that ho he butler left with all his clothing and nothing at all to show he had been there the six little children during the fracas were undisturbed and slept peacefully until morning A letter was read by mr zano zane writ ton con by mrs davis da vis a few days before the tragedy to in which she states she was anxious to leave home and live with her brother because things at home were not what they should bo be mr haws was called in rebuttal and stated that finger marks wore were seen upon krs mrs davis throat after being disinterred from her grave in the potato hole dr collins stated that dr antler killed himself sept 8 by taking a drug witness N as with butler all day sunday juno 5 the day of this killing and slept with him that evening BO that it would have been i impossible i apos him to havo have gone to mrs davis house Mrs had observed the finger marks upon the throat of mrs davis dead body mr zane made his opening speech which was answered byar by mr kenward for the defense the case will terminate today salt lake herald the sentence was suspended in the davis case until nov ad |