Show 1 STATE AKING f I A STRONG CASE Coil of Conviction Tightening Around Defendant Lou Hamilton > EXAMINATION IS NOW ON Evidence Is of a Very Positive Character Testimony Adduced Showing the Motive Mo-tive for the Bailing The Homes Home-s Life of the Hamiltons Was Pleasant Pleas-ant Until the Serpent Came Into Their EdenWife Wrote the Confession Con-fession She Told Her Husband j All About the Pavey Matter and When Hamilton Started to the I Store Warned Her Paramour by I j Telephone He Was Coming Evidence I Evi-dence to Show She Was Up Town Monday AfternoonProceedings at the First Day of the Examination Exami-nation I If the prosecution in the Hamilton case has all its testimony confirmed on crossexamination as was the case yesterday and it makes the showing Jt expects to it would be better by I far for the defendant to confess her guilt waive further examination make a full and free statement in the district dis-trict court and throw herself at the fret of the tribunal and ask for merciful merci-ful sentence The testimony was of a very damaging damag-ing character and for the kind was positive It was the foundation of the case the motive which prompted the killing which was laid at yesterdays ppssion There were few witnesses but there was considerable testimony of a new character It was shown that Mrs Hamilton and her husband 111 very happily together until this Pavcy trouble bean That she admitted ad-mitted all to her husband even to the fact that Pavey gave her 475 for the price of her honor that she stated he bad pursued her even before marriage It was shown too that she knew her husband was going to see Pavey about the affair and telephoned > > him what to tell him while the wronged husband hus-band was on the way to Ills store Testimony was introduced to show that she wrote the confession printed in ThE Herald some time ago She wrote every word of it without dictation dicta-tion It was her composition Witnesses were introduced who told I I j I I i i MISS MARY HAMILTON ON THE i STAND From Sketch by a Her j i aid Artist I that she did not tell the truth when shE declared she was not up > > town on that fatal day when her husband breathed out his life with a bullet in his heart She was identified as the woman who went to Brownings store and bought the cartridges The Incidents Inci-dents connected with the sale and purchase pur-chase were of such a nature that the young man could not have been mistaken mis-taken Another witness who has known her for a long time testified to meeting her on that afternoon on her way ur > town He met her at a point diagonally opposite The Herald office and as he spoke > > to her he could have made no mistake She acknowledged his salutation and spoke to him 1 Evidence was brought in to show I that she threatened to take her hus J I iJ bands life if he persisted in telling the reasons why he had to leave her The witness declared she was very much excited when she told him that she would kill her husband if he did rot cease From questions asked it was evident that she has told her attorney she was compelled JLo leave her husbands house when It was shown she stated F I I I L I I MAJOR ELIAS A SMITH to an old friend she insisted on leaving leav-ing herself and compelled him to take her l lAs l-As stated It looks very bad for her Indeed The coils are tightening every hour The witnesses yesterday were unimpassioned I passioned those who had no intere3t in stating anything which was untruthful un-truthful Miss Hamilton a sister of I the deceased would have left unsaid many things concerning the case I I which were damaging to the interests I of the defendant had not her attorney I j I brought them out himself on cross examination As it was her testimony was very direct and positive Her replies re-plies to questions asked were the result re-sult of careful consideration on her part and at no time did she show any sign of being uncertain or lose confidence con-fidence Miss Hamilton was in no condition to testify either She was in a very I bad state physically and had to be I supported to and from the witness I stand After her long examination she was forced to seek the air for relief re-lief There was a great crowd of curious people present They came in scores and when ordered from the court room I stood round the fence of the old excavation exca-vation east of the police station and I looked at the open windows Most of j them were women all eager to get a glimpse at the unhappy woman who stands charged with homicide They were disappointed at the noon recess by the prisoner being taken out the back way but at the close of the hearing they made a wild rush to the rear to see her as she came from the alley in a closed carriage Such morbidity is seldow witnessed anywhere any-where Mrs Hamilton shows signs of breaking break-ing down physically That she cannot hear up much longer seems evident Her condition is really pitiable and no one who looks at her can evade a feeling feel-ing of pity for her THE PRELIMINARY EXAMINATION EXAMINA-TION There was a great craning of necks among the spectators when the defendant de-fendant was brought into the courtroom court-room every one of them being eager I to get a glimpse of her face She was I in charge of Deputy Sheriff Burt an I I was attended by her two sisters She J looks careworn and the strain Is evidently evi-dently telline upon her During the day she sat with bowed head and downcast eyes and not once did she okup l save when asked to do so by her attorney when witness Fowler Fow-ler was put upon the stand and was asked if he could identify her She held a brief conversation at times with her companions but showed no animation ani-mation whatever The entrance of Scddon and Mrs Seddon and Miss Millie Goss with her father gave the crowd something to talk about as the outlines of the evidence I evi-dence each Js to give have already been published by The Herald The room was fairly well filled and the spectators I had settled themselves in their respective re-spective seats and corners those in the seats felicitating themselves upon their good fortune and were ready to listen when to the extreme mortification mortifica-tion of all and especially the feminine nnrtion counsel for the defense asked I j that all spectators be excluded With I the exception of the reporters and witnesses wit-nesses tlis was done the states counsel coun-sel agreeing The witnesses then had I seats to spare and were congratulating congratulat-ing themselves upon their apparent good fortune When again did coansel for the defensemake a request to the I effect that all witnesses for the state be excluded and that they be Instructed to say nothing concerning the case until un-til they should be called to the stand to testify This order was made and the state asked for a similar one in relation to those who were there for I the defense The ordqr was made and i the room was cleared MISS MARY HAMILTON Call Miss Mary Hamilton said Mr Van Cott and In response to the summons she came forward and was > 4 JL i1 > d > I sworn After testifying she was a sister sis-ter of the deceased In reply to a question ques-tion she stated she had known the defendant personally for say five years yearsDo you remember about the time this trouble between your brother and his wife began asked counsel for the state I do was the reply It was about eight weeks ago Prior to that time state if they had lived happily together They had Witness said that Hamilton and his wife resided at 857 East Fourth South up to the Gth pf March Shehad held no conversation with Mrs Lou Hamilton concerning the trouble and its causes but she had been present at a talk with her and her brother the deceased held on Friday Fri-day March 5 He said to his wife Come and sit here beside me and I will tell you what arrangements we must make We must separate To I this Mrs Hamilton had replied That can never be He told her again they must separate and she then appealed to him to give her one more chance that she had no place to go To this statement Hamilton had made answer that she could go to her mothers and she had told him he well knew she bad no mothers place to go to Where could she go Then he said Go to your sisters and stay there Was there any paper signed thereat there-at that time No sir there was none signed there at that time When was this paper signed SIGNED THE CONFESSION It was on the day following it was on March 6 My brother said ha wanted her to teil him when she waa with this man Pavey and she walked across the room to the calendar and showed him the date of Feb 17 three weeks before or about three weeks Then he asked her to name another time and she said two or three days before Christmas He told her II she would live an honest upright life everything would be all right 11 not a confession from her would assist him in getting a divorce from her Did you ever hear the name of this man IIP accused her of being with Yes Who did the writing on the confession confes-sion J Mrs Hamilton Did von see her write It I did Did vou see her sign It I did I will ask you said the county at J I Lt J I 2 = MRS HAMLTON ARRIVING THE JAILSketchedby a Herald Artist n torney if this is the paper at the same time handing her the confession a lao simile of which appeared in The Herald a few days ago It is Mr Van Cott then asked that the paper be introduced in evidence to which counsel for the defense interposed inter-posed an objection alliterative in character char-acter being that it was irrelevant incompetent in-competent and immaterial The objection ob-jection was overruled and the document was marked Exhibit A by the official stenographer Will G Young Did vou and Mrs Hamilton have any conversation after the signing Yes mv brother went out and I asked her what made her do such a I thing she must have cared for the man I DIDNT LOVE PAVEY She said no she didnt care for him at all but he had followed her and sent her presents gum candy and flowers She asked me not to look down on her for what she had done and to do all I could for her I told her said the witness wit-ness with a quiver of the voice while the tear drops started to her eyes that I I I I I A H KELLY Sketched by a Herald Her-ald Artist I would She said her mother and she I were not on friendly terms and that she didnt care for the man Pavey I suggested sug-gested as she had a sister in Chicago she had better go to her for a while I and she didnt say whether she would or not She told me if my brother didnt have her no one else should THE DIVORCE At this stage of the testimony the county attorney passed her the following follow-ing letter and asked her if she had ever seen it before Salt Lake City March 20 1S97 Mr John Hamilton If you want a divorce and will make it on any other grounds I w111 not oppose op-pose it If you do oh that ground I will ask for support froni you Now I have good advice on these steps and want t aJ j k to know what you intend to do Every word of this I mean MRS JOHN HAMILTON McGurrin interoosed another objection objec-tion conveying the idea thatthe matter mat-ter sought io be brought out was trifling did not mean anything and had no business there This time the county attorney said he would withdraw with-draw it until later which he did After some testimony of no particular particu-lar importance witness was asked Now on April 19 did you see your brother Yes When At about S clock in the evening What was his condition was he cheerful or despondent This was objected to by the defense and thi court asked why the question was put It is for the purpose of showing that FRED R PATTIASketched by a Herald Her-ald Artist he was in a cheerful frame of mind to combat the idea that he committed suicide was the renly The court overruled the objection and the witness replied He was in good spirits Before that he had been feeling bad to think that he and his wife would have to separate separ-ate but le was not despondent He was cheerful to think that he could get adivorce from her When did you see him last On Monday evening at about 8 oclock Where was he going He said he was going to Seddons to see her and get his things This last statement concluded the examination ex-amination In chief CROSSEXAMINATION If counsel for defendant thought to better the mattsrany by a crossex amination he failed In his object as his interrogations merely brought out more evidence In addition to that elicited elic-ited by the direct questions and clinched the statements of the witness She did not alter her statements made on direct examination but materially strengthened them Miss Hamilton said McGurrin have you stated all the conversation which was had with Mrs Lou Hamilton Hamil-ton at the time indicated 001 think L have I Cannot remember It all word for wordii 4 i Have you stated as much as you can remember I dont know I believe I have Had counsel left the matter where it i was his case would have been the better bet-ter for it but he didnt By a series of questions he refreshed the memory of the witness until she gave several additional I ad-ditional facts as will be seen I When did you first hear of the I trouble between YOU brother and his I wifeHe He told me at the laundry on March 4 It was In the afternoon He told I mother in the forenoon Sister mother 1 and I talked It over that evening What did he tell you when he met you in the afternoon I I He said Lou had told him everything every-thing He said she had told him in the I first place she had been absent binding I a book for Judge Goodwin or something I some-thing and he had seen Judge Goodwin and there was nothing in it I PAVEYS SILK STOCKINGS 1 The witness related in reply to questions ques-tions that Mrs Hamilton told her on Christmas she received a verv nice present from some one She declared I it was lovely and she found it on the steps when she came home but she had torn the paper oft in such a hurry she did not see where it came from She ost the paper which was wrapped around it and guessed she must have burned it I Counsel led the witness back to the conversation with her brother at the laundry Counsel seemed determined to get all the information he could and I he did Witness declared her brother had told her he had apprehended his j I wife lying to him and didnt think he could trust her any more The question of the presents came up and witness I suggested perhaps some one was sending send-ing them in order to create a Jealousy between them THAT CONFESSION Counsel for the defense appeared anxious to get some more Information concerning the signing of the confession confes-sion and what led up to it the conversation conver-sation attending It etc and again was he more than satisfied He told her to come and sit on a chair beside him said the witness and they would talk It over She went I down on her knees to him and begged him to give her one more chance Then she began crying He told her to stop I crying and talk to him She said she couldnt live without him He informed her they must part and told her in ad I dlfTon to what I have told vou that she could have everything in the house i she owned but he wanted the presents from his folks j Was there anything else happened said McGurrii as the witness stopped Yes She said she could soon settle It all I told her not to try to make I matters anv worse than they were I I thought she meant suicide and as I knew thev had a gun in the house 11 I nodded to my brother and he understood under-stood me I wanted him to so in the next room and get the hun He did I and when became back nudded to me and told me it was all right He afterwards after-wards told me he had unloaded the gun and locked it In the drawer He told I me this while she was out after adrlnk t I or something and when she came back he said she had better go to her father He said he would go down and see I him and he did After he was gone I told her not to do anything worse than w done I Mr McGurrin didnt seem satisfied with the witness explanation He wanted to know some more So in response re-sponse to sone more questions Miss Hamilton said He told her he could not live with her after she had been with another mZI and also said had anyone else told him but her he would not have believed it She told him she was very sorry and If he would forgive her she would never again leave the house unless he was with her I He came back at 10 oclock with her father and sister and then my I Continued on Page 2 t a |