Show t WITNESSES TOT c Regarding the Killing of John H fI Hamilton j SISTER OF THE DECEASED L TELLS ABOUT DEFENDANTS BE z4II NS WITH PAVEY p Ih Womans Written Confession of Immorality Put in Evidence Plats and Plans of the Premises ExhibitedShe Bought Cartridges I 4 at Brownings Thomas Seddons I Testimony the Host Damaging toUrs I c k J to-Urs Hamilton l f The taking of testimony in the Ham r 1 Iton murder case was begun yesterday norning before Judge NorrsU and tho wry in the criminal division of the r1 J Third district court The court room was crowded by the usual motley gathering which frequents the trials of cases of a more or less salacious nature na-ture Mrs Lou Hamilton the little woman whose life is in jeopardy for killing her husband sat during the entire en-tire day hold upright in one of the large cushioned chairs almost as motionless mo-tionless as a statue She was dressed Jn deep mourning wore neat tight fitting fit-ting black gloves and kept her face thoroughly concealed from view by a thick blade veil which she never once lifted while many persons craned their necks and strained their eyes in fu tile attempts to catch a glimpse of her l features What effect the testimony IIfr WIT2Ess I had upon her it was impossible to guess I r js she gave no sign but pat like a slender pillar of ebony Miss Florence Priday her sister occupying a chair I next to herB her-B request of the attorneys all the I witnesses were excluded from the I l ie court room except whichever onp happened I ir hap-pened to be in the witness box Miss I J Man Hamilton sister of the murdered I t man was called first and her examination 1 exami-nation occupied the forenoon In the r afternoon F R Poll W F Poll A H r Kelly Wl P Fowler Ralph Savage y County Surveyor Wilkes and Thomas P Seddon were examined the latter being under cross examination when the hour of adjourning arrived In the main the testimony was similar simi-lar to that adduced at the preliminary hearing of the defendant practically nothing new being elicited County Attorney VanCott and Assistant I > sistant County Attorney Putnam prosecuted pros-ecuted while Judge Powers and Attorney Attor-ney Fred 3iIcGurrin conducted the defense de-fense MISS MARY HAMILTON I Miss Mary Hamilton sister of the deceased was the first witness called I by the prosecution Examined by Mr c J VanCott she said that her brother and 1 the defendant were married on Nov 29 1 1894 The trouble between them commenced com-menced about March 5 1S97 Witness I between r was present during a conversation tween her brother and his wife on March 5 John witness brother told his wife they must separate She objected ob-jected stating that she had no place to go but John insisted that after what had happened they could not live together and then they had some talk about the division of their property prop-erty and John said she could have anything any-thing she wanted except the things his r folks had given him for wedding presents v 41 pres-ents She asked him to take her back I 4 fLj and to give her one more chance but he said she would have to go home to ft I ft her folks for a while anyway I I b Did they refer In that conversation > f to what the trouble between them lti was 1 A nasI dont remember they may however Lt how-ever have done so Then my brother 1Ij talked about them separating she said ii she would settle It all and got UD excitedly t ex-citedly to go into the adjoining room e I caught hold of her and tried to calm her but she said she had fallen as low as she could and didnt care what she did Both ny brothel and she were r f much affected and both 1 wept She t asked me not to be too hard upon her I for what she had done and begged me to help her persuade ar YI brother to take her back and I said I would She < 1 then told me about Sir Pavey sending I j her presents before she was married it to my brother I was with Lou about I tour hours after my brother left My brother came back about 10 oclock I that night with Miss Priday and Mrs Priday I only stayed about 10 minutes min-utes Mrs Hamilton and my brother I walked home with me and stayed at I my house all night John slept in the I kitchen and Lou and I slept together 1 How long were you with Lou that Ii 1 day after your brother left I Nearly ell day Your brother left after breakfast I 1 Yes and came back about 10 oclock the same morning I What conversation did they have F then He T told her to make up her mind r to go home to her mothers but she I I 4 said she had no home to go to He 4 then told her she could go to Mrs Seddons and I think she said she I it wdBgd go there and John said he t VTOd go down and see her father Si Witness said that later in the day rt Lou and the witness talked about the el trouble and witness asked her why I she had done such a thing and she said she didnt know and again talked about Pavey sending her presents I John came again He directed Lous notice to a calendar and asked her to r point out the last time she i had been with Pavey and shs pointed Feb 17 He asked her when the time before and she said about Christmas Ho asked tier how much she got for it < and she L v said 475 for Feb 17 and nothing at the previous time about Christmas She was to have gone back on the first of the month but didnt go He asked I her if she loved Pavey and insisted that she did or she would not have gone I with him She assured him she did not and that she only cared for John He I said then it must have been because Pavey was a handsomer man than he was but she said she only cared for John lie asked her if he had not given her enough money to supply her wants and she admitted that he had He then asked her to write down on paper a confession about her having been with Pavey on Feb 17 and about Christmas and after some coaxing she did so He took the paper and said If she lived an honorable upright life he would not need it but if she didnt it would help him to get a divorce When he mentioned about a divorce she wanted him to give her the paper back but he said if she lived a good life he would not need it At her solicitation he promised not to show the paper to anyone The paper referred to was shown to the witness and she identified it and said she saw Mrs Hamilton write it and sign it Both John and Lou cried during the interview and Lou fainted Since that day witness had never had any conversation with Mrs Hamilton At those conversations did Lou say anything to you about Pavey speaking to her after she was married Yes she told me that about three months after she was married Pavey spoke to her in the street and asked her why she didnt recognize him anymore any-more She said she told him she was a married woman now and he said that didnt prevent her from speaking to him I During the conversation between you and Mrs Hamilton on March 5 and I 6 was anything said about Pavey sending send-ing her presents Yes she told me about him sending her a present at Christmas and at other times When did you last see your brother alive On April 19 before he went to Sed donsDid Did he say anything about where he was going and what he was going forYes Yes State what he said Objected to by Judge Powers and the question was temporarily withdrawn with-drawn by Sir Van Cott CKOSS EXAMINED BY JUDGE POWERS The witness was crossexamined by Judge Powers Did Mrs Hamilton about the time the paper was signed go on her kn sand s-and in tears beg her husband to take her back and give her another chance A considerable time before the paper pa-per was signed she did What was he doing while she was on her knees He was sitting there Both were very much distressed Yes She told him if he cave her another an-other chance she would never go out again with any man unless he was along Yes When she said she would end or settle it all did you think she meant suicide Yes I thought probably she did Was she much distressed Not greatly so no more than she had been before What did she say to you about Pavey sendIn her presents She said O en she was a girl he had sent her presents flowers candy and other things Did she say anything about Pavey forcing his attentions on her after she was married She told me about him tapping on the window of his store every time she passed On the day the confession assigned as-signed did you know that such a paper pa-per was to be written No You went to Mrs Hamiltons for the purpose of taking care of her and to prevent her from taking her own life if she should attempt it Yes I was sent there for that purpose pur-pose After the confession was signed It was put in your keeping Yes And you had it right along until after af-ter his death With the exception cf a short time when my brother took it to show to a lawyer Hfe returned It to you again Yes and I kept it until after his death when Undertaker Taylor came and cot It from me The whole course of the witness examination ex-amination was gone over by Judge Powers in crossexamination but her testimony remained unshaken In redirect examination witness said her brother had a six chamber revolver IlLL alI I al-I EivLJ i rIms HAMILTON VEILED AND HER SISTEB but witness knew little about it and could not recognize it if it were shown to her This closed the examination of Miss Hamilton and court took a recess for luncheon CONFESSION PUT IN EVIDENCE At 2 oclock the confession of Mrs Hamilton of her guilt with Pavey was offered in evidence and admitted over the objection of defendants counsel It read as follows Sat Lake City March G 1S97 I hereby confess that I have had criminal intercourse with one Charlie Pavey the last occasion being Feb 2 Signed by my own hand this the 6th day of March 1897 MRS J H HAMILTON TELEPHONED TO CHARLEY F R Poll in reply to Mr Van Cott testified that three or four weeks before be-fore the killing Mrs Hamilton came to his office at the place of business of the Tenth Ward Lumber association and asked permission to use the telephone tele-phone She was given leave and called up some one asking if that was Charley Char-ley She then said this is Lou and that he or some one is coming down to see you this afternoon and be sure you answer no to everything he asks you When leaving she explained to witness that the party she had spoken to had got some girl into trouble and that she had to get her out of it some way No crossexamination W F Poll son of the previous witness wit-ness told exactly the same story as his father No crossexamination A H Kelly testified that on the day Hamilton was killed he saw Mrs Hamilton Ham-ilton at about 9 oclock in the morning morn-ing and talked with her She came to witness place in the book bindery Witness told her that somebody had told him that It was too bad that she was leading such a wayward life and witness advised her to get a divorce quietly if such was the case Mrs Hamilton Ham-ilton replied that if her husband did not Quit blackening her character she would kill him if she hanged for It the next minute Miss Marv Hamilton recalled said that on March 5 or 6 Mrs Hamilton stated that if John didnt have her back she would find some one who would take her SHE BOUGHT CARTRIDGES W P Fowler salesman at Browning Bros testified that Mrs Hamilton came to the store on April 19 the day of the killing about 3 or 4 oclock in the afternoon She asked for some n 32 call ore cartridges one umu v nuuw whether she wanted center fire or rim I fire cartridges She bought eight of the center fire ones after witness had explained ex-plained to her the difference between the two kinds Witness was shown the revolver found near Hamiltons dead body and said that it was a 32 calibre center fire just like the one that Mrs Hamilton had told him she wanted want-ed the cartridges for It had six chambers cham-bers and was put in evidence PHOTOGRAPHS AND PLATS Ralph Savage photographer identified identi-fied a photograph of the Seddon house I and surroundings where the tragedy was enacted which was put in evidence evi-dence County SiurveyoT Wi1ke idemUnad plaits of the Sodden residence 229 West First l Souilfo street and of the block in ulnich it is situated wiiwch was also offered in evidence Mr Wilkes ex plafined tfte method he had pursued in making the plats particularly with reference re-ference to the measurements the object ob-ject belenc to shfcw from Khe posiOcm of I the touMeits < wbLtTi were found in the fence < < frut toe person hooting must have stood on or near Uva steps leadfing lip to the liciase THOMAS SEDDONS STORY Thomas P Seddton saM his wife and Mrs HatrUt were sisters and that hs had knonii Mrs Hamilton for 13 years He also testified that the plats of his house were correct and also the plan of use grounds He remembered the day i of the killcff Monday April 19 Mrs I Haaiilibn had been staying at the house fee a week previously Some I days betoe the fatal Monday at the i request of Mrs HamHtcn he went to i her mothers to get a gun which the i saId she was gonr to retmru to her I husband Miss Florence Friday gave isCm the gun ant he brought it back i wad gave it to Lou Witness was Shown ilthe weapon found lying by the body of HsoiUtco anti sad U was tiN one he had brought from Mrs Fridays He hold Lou when he gave it to her to take it rut once to Mr Hamilton and get it out of hiS house Dud you have any talk vV h < Lou Ca the Mbnday April l 19 aslttd Mr Van I CtttYes Yes I had sauna talk with iiier in the mornIng I could not state exactly the hourStaite Staite the conversation My wIfe when Mrs Hamilton was there chewed me an airttela in The Herald Her-ald referring to Lou and Pavey Lou BaUd that her husband must have pint It in the paper and that he must be dQtne away wiWi and slie wanted me togo to-go anti buy cartridges for her I told her not tfc let anything of that kind happen in my house to bring disgrace I on me and my family I toM < tar toke to-ke ip cccl and that I would talk to John Elhe said it was nt > use that he talked one way to me and another way eo her WCien you refused to < get tIne cartridges car-tridges what did she say if anything She saM she would get Them herself her-self Was amytlhtas saM about < a divorce di-vorce Yes she said John was going to put tie tihumg < through on pure adultery but that he woulQ never live to get EL divorce di-vorce YOICDid she say anything more abOut the car 11ges that day Yes latter tn the day she sand the dildlat get the eartrtdses because ttoey wvyuld not sell them to a woman Did you know Hamilton was coming to your house that niHgiht April 19 Yes at supper Lou said John was coming down to get the gun anti otwer of Ks things I said I would l talk to aim when he came and she told me to I talk to turn first Ijccause the could say all she had to say to hIm in ten miinutcs Did Jclhci come to the house What evening Yes about S oclock ha coma ore a bICycoJ bICycoJVas Was there any talk between Jcfnn and Lou before John went into the house uNo No but I spoke to John out in the alley alleyWhat time was it nihine John went into the parlor About 830 WSvat did you 3tx then Sat for a few minutes with my wife and then went to bed leaving Lou and John in the parlor together Who all were In the house My wife John Lou the children and myself What room did you go to bed in The dining room Could you heir Lou and John talking talk-ing after you went to bed Yes Was their conversation pleasant Jt seemed to be they were laughing laugh-ing I went to sleep and the next thing I knew was my wife calling me and saying there was somebody shooting What did you doRan do-Ran to the front door as soon as I could collect my thoughts What did you do at the door The door was ajar and I opened It and looked out What did you see Lou Hamilton was on the boardwalk board-walk may be a little more than halfway half-way to the street She had her face towards the door She came up to the steps and then turned and walked back to where John Hamilton was laying on the lawn What did she do when she got to the body She leaned down over the body and it looked as if she was putting something some-thing down beside it The part of the answer it looked as if she was putting something down beside be-side it was stricken out and the witness wit-ness on request of counsel imitated the motion of Mrs Hamilton when she stooped over and moved her right arm and hand close to the ground MY GOD HAVE YOU SHOT HIM What did she do then 1 She came into the house and I said My God have you shot him She didnt answer but walked Into the parlor par-lor I then went out to where the body lay face downwards with the head turned to the north not far from the fenceDid you make an examination of the I body Not then further than to strike a match and look at it I went back into the house to get a lamp and went back backWhile you were In the house getting get-ting the lamp did you see Lou Yes she was sitting on a chair In the dining room Did you say anything to her Yes 1 said My God did you shoot John ShC answered he struck me on the mouth Did you say anything more Yes I asked her if she shot him or if he shot himself and she replied that he shot himself Did you have any further talk with Mrs Hamilton that night No Do you know how many shots were firedNo it seems to me I heard but one I was asleep The witness stated that Hamilton had visited his house several days before the shooting Lou and he witness and witness wife had a talk and witness wife asked Lou if she didnt have something some-thing to say about her trouble between her and John and she said that John wasnt to blame that it was all her fault was Mrs Hamilton subject to fainting faint-ing spells before the shooting She had two or three during the week before but prior to that I never knew her to be subject to them Did you testify the same at the coroners cor-oners inquest and at the preliminary hearing as you have testified here Objected to on the ground that counsel coun-sel could not impeach his own witness and Objection sustained CROSS EXAMINATION Cross examined by Judge Powers the witness said that after Hamiltons body was taken away he remained at his own house all that night He did not know that at the time he testified before be-fore Coroner Sommer he was suspected of complicity in the crime but admitted admit-ted that he was arrested the following day and locked up in the county jail > fl and that afterwards he was released Upon promising to tell all he knew about the killing at the preliminary examination of Mrs Hamilton Questioned Ques-tioned further by Judge Powers witness wit-ness said when he came out after the shooting the stars were shining It was not so dark but he could see the body lying on the lawn from the door of the house He saw Mrs Hamilton lean over the body but did not see her hand and did not see her lay anything by the body the motion of her body however made witness think she was putting something down Witness denied that he was awake when the shots were fired denied that he was out on the lawn at the time and denied that he went round to the back door of the house and went in and took off his clothes after the shooting At this point court adjourned until 10 oclock this morning |