Show DR PAYNE IS A AFREE FREE FREEMAN MAN NOW NO NORe He Re Is Acquitted of Murder Charge Under Instructions of f the Court PROSECUTION IS WEAK W E EA A k kI kIT KiT I IT FAILS TO CORROBORATE THE STORY OF GIRLS GI MOTHER MOTH ER Dr Edward S Payne accused of causing the death of Miss Alice Fer Ferguson Ferguson Ferguson guson by means of ot a criminal opera operation operation tion walked out of Judge Armstrongs court a free man yesterday afternoon At the conclusion of the states case the court instructed the jury to return a verdict of not guilty I The prosecution was beset by hard hardships hardships hardships ships from the outset District Attorney Attorney Attorney ney F P C Loofbourow announced yes yesterday yesterday yesterday morning that the state had been unable to secure the attendance of Its chief witness Mrs Annie Ferguson mother of the dead girl She Is now In Nevada and refused to attend the trial Reads Mothers Evidence In view of this fact Judge Armstrong permitted to be he introduced in evidence the mothers testimony stenographical ly reported given at the preliminary hearing This evidence was to the ef effect effect feet that the woman had taken her daughter to Dr Paynes office and that It was by her request that the opera operation operation operation tion was performed The girl subsequently subsequently subsequently died on Aug 16 last as s a result of the operation After some minor testimony had bad been introduced District Attorney Loofbourow row announced that he had no further testimony to offer He declared that he was unable to produce any evidence to corroborate the mothers story Motion to Dismiss Granted Judge O 0 W Powers counsel for Dr Payne at once moved that the jury be instructed to return a verdict of not guilty on the ground that a person ac accused accused accused of an offense cannot be convicted upon the uncorroborated testimony of an accomplice which the evidence showed the mother to be beDo beDo beDo Do you want to argue this motion 7 asked Judge Armstrong of Mr Loof Loofbourow Loofbourow Loofbourow I do not your honor the evidence is here and your our honor knows knos what it is replied the district attorney The court granted the motion and the Jury returned the verdict without retiring retirIng retiring ing from the box Dr Paynes wife was overjoyed and several friends of the accused congratulated him Wm warmly The cash bail deposited by Mrs Payne for her husbands appearance apP arance was drawn down |