Show STATE STAlE RESTS IN INDR INDR INDR DR PAYNE CASE Defense Moved That Charge of Murder Be Dismissed REQUEST REFUSED BY JUDGE PRISONER OH ON STAND TO TELL ABOUT HIS ms FINANCES The state rested reeled in the I Dr r B E S Payne ParDe m r case cue shortly ly before 11 n yesterday morning JD and borne Imme Immediately afterwards Attorney moved that his bin itt client be dt en the ground around that thIt th t there was not hot sufficient nt evidence to convict Judge Morse Mor eo over el I the motion without giving t te e district attorney an opportunity to re reply reply reply ply to the arguments ar of the attorney for fol the defense dele Dr Payne Pay then took the stand It K Kwas was not to testify in his own behalf but to be examined in il regard to his hl personal property He had bad previously flied filed an affidavit of or Im and asked that the th state bear the expense of O two witnesses Un in his he They are Dr H A Anderson Ande o who testified at the tbt preliminary examination and I Hattie Green the alleged shoplifter Payne and His Eis Property I District Attorney Eichnor was of the tho opinion that Dr Payne had more prop property property r I erty than he swore he owned and was not entitled to any relief from the state in the way of paying the witness fees I for the defense e The doctor swore that the only property he owned e n is his house at 79 East Sixth South street which be e is paying for on the installment plan lan He said Ill d he still owes U Ll t on onU onit 01 U it and that for tor five months he ind 1 not flot been able to pay a cent upon the principal and that the interest upon the same has bas been accumulating all that at time When the defendant left the stand he asked permission to visit his h house saying that he be wished to show it to a prospective buyer The request reque was as granted by Judge Morse who corn com commissioned cO Deputy Sheriff Sherif Cowan to accompany him and under no stances stan stane permit the prisoner to talk with anyone anyo excepting ex ting the man who I 1 to tu look at t his house and restricted their conversation to the realty deal The first firs witness called yesterday morning was 8 A C Smith who con conducts conducts conducts ducts a drug store in the same build building building buildIng ing in which Dr Payne had his office He lie testified to seeing a prepossessing woman greatly resembling Miss Hill Hilla ascend a the stairs from the sidewalk leading to the physicians office The hour hoDr he saw her mount the stairs cur cor corresponds responds ns with the time Miss Hill was wa s supposed to have visited the defendant Used Druggists Telephone Mr fr Smith also testified that Dr Payne was in the habit of using his telephone when he wished to consult with ilk ith other physicians or to converse with people on business matters matter gen generally I He also said some of D Dr Paynes patients were in the habit of or calling the doctor up over his tele telephone telephone telephone phone Those facts were brought out by District Attorney Eichnor to show that Dr Payne apparently had no flo ex excusa cues cusa CU for locking Cocking his office door dO r and walking over to the police ponce station to inform the authorities that a woman oman I had died in his office that he could have used the Smith drug dry store Kore tele telephone telephone phone The next witness was City Engineer r L 1 C Kelsey He was called railed to tee tes testify as to the exact distance from the doctors office ottice to t the police p lice station He H said it measured exactly 1684 1584 feet or of a mile The district attorney sought nought to show snow that thai under ordinary circumstances circumstance a person would w uld I not walk that distance to notify the I police that a woman had died in his I when he lie could have used a Isle tele telephone phone in a store in the same saIne building Last Hast Witness For Por State Detective George Chase was last 1st witness s for the state He was recalled re j i J solely to identify the roll roil of cheese cheesecloth cloth on exhibition as that which he h I found in Dr Paynes office It was the same cloth which Miss Hill purchased of Clerk Jackson Jack on in store It was at that juncture that Attorney Attorney ney Wanless Wanie asked for the dismissal of ot I the defendant He H spoke at length upon the motion and his appeal for forthe forthe forthe the acquittal of his client brought I tears to the eyes of Mrs Payne After the motion had been denied Dr Payne I took the witness stand in support of his affidavit When he had been beon ex excused x I cUBed Judge Jud e Morse lone said paid id he would ad adjourn adJourn journ jo rn court until Monday morning at j j 10 1 o at which hou hOt Attorney I Wanless Vaness will wilt make his address to the Jury in behalf of the defendant As far as known Dr Anderson Hat Ha Hattie t i itie tie Green and nd Dr Payne himself willbe will willbe I Ibe be the only witnesses for tOr the defens i Should that prove proe to be th t tie case it is expected that the t e case will go to the th Jury not later than Tuesday afternoon or Wednesday morning S I District Court Notes Sarah Sarab arah E has sued the hp Salt It Lake Hot Springs Sanitarium I to recover 1000 lOO 1 damages al j ged o have bave been done to toller her prop property proPerly property erty erly alt the tho corner of Second West V t and I orth streets street by water ater front the I j comys Hume flume escaping and killing i j ithe the trees around her be home Sh S She valued th the trees at and the depreciation of her at I IOne One year ago 30 today the Jury which I tried Peter for tor the murder I of ot John Hay brought in a verdict of guilty of murder in t first degree The Jury juo which was out only a little owe over three hours returned its verdict to the court about 30 in the i afternoon I t |