Show CARD l mm PLAYED PlA BY ey STATE STAlE Mrs Gertrude Hull and Her Daughter Prove Star Wit Witnesses Witnesses Witnesses nesses for Prosecution SENSATIONS ARE SPRUNG WOMAN DECLARES WALKER STRUCK BEERS WITH CLUB li lr ins nis opening statement at the time the state began taking testimony in the Beers murder trial last week District Attorney George Halverson stated that he lie would not rut attempt to describe the tone in which the th words uttered by Dr Earl Eari S Beers as itS he was being virtually beaten to death but Jut would leave that to the witnesses that the jury jur might hear It from their own lips This promise was fulfilled dur durig ng ig g the proceedings of the trial yesterday w hen Mrs Gertrude Hull and her daugh i r Berths Bertha gave cave evidence on behalf of the state Although their testimony was waso o OJ some extent a repetition of what they tr stifled to at the preliminary hearing bearing It was as told in a different form N with greater effect and many new fea lea features lures tures brought out onto Star Witnesses Testify 1 lien hen it became known that the Hulls i re rc r to testify the court room was not iv is in filling up During the morning session there were but few spectators but butIn m In n the afternoon the court room was For several hours Bertha Hull Hulls as s under severe The TheIrl jirl Irl made a good witness and except for confusing her slightly with regard to tes testimony testimony in the lower court but little head headway headway way av was gained by the defense Both Doth Ws Hull and her daughter were com corn j sed while they were on the stand Dur During p ing mg a portion of the th time she was giving evidence Mrs Hull grew somewhat dra dramatic matic ThC The most important new feature di dl digil i gil gd by either of the Hulls was brought i 1 i 1 toward the close of ot the direct t on of the elder eider woman It was at ati ats LS i s point that she testified to having I n benr nr nc to the head of or the stairs leading o 0 the tte rooms In which the fight occurred she saw Beers Deers running away with Walker in pursuit She said that when Beers attempted to mount the stairs WIler Iker struck him over the head with a aTlO 1 10 and that she almost fainted at the ht Tee T widow of the late Dr Beers was wasn m n ourt urt but a short time yesterday She was vas as one of the early witnesses called and gave gavi testimony as to the death of her husband On account of the narrow scope by b the prosecution In her r T ton iton counsel for the defendant subject su U d her to no and asked i Inc ne court ourt that a 1 subpoena for her be is IB IBS S for the defense Judge J Hoell Howell made virtually the same samei i J ruling with regard to the hours for the thes s of court today as were In force i c tda The purpose being to enable Tie r e court ourt and its officers to attend the meral of the tile late D H Peery which I urs at this afternoon In Braking aking of the deceased de the court said ii nat Hat at he lie was a man noted for great enter entert 5 H t and generous impulses that he hei i taught it was S as fitting that a similar or ord orr d dr r to that heretofore issued In connect t tn bm n with the th death of ot Deputy Sheriff R H RR RR HU R U Shaw Siaw be issued is because that In his hi I early C arl any manhood Mr Peery had lived in inthis Inthis Inthis this community and was an officer of oft t ourt curt of his predecessor in office Clothing Is Introduced t it iL Detective James F Pender was the ther thet r t t witness He lie told of having gone to toi i tl I tore store of the Electric Supply Fixture on the date of the tragedy ana anaC C said paid he observed a tool chest in the room v here the main part of ot the fight occur ed He stated that he found the chest chesti i with a new coat of green paint he witness stated further that he had hade e the same chest on Monday and anti andt t had the appearance of having received t a additional coat of ot paint since the trag tragedy edy Cd but could not say positively positive that it d Mr Pender then testified to having tone gone i to the Ogden general hospital with C Brown captain of ot police on Sept 1 1 three thre days after the tragedy and to securing the clothing taken from Beers at the time he was admitted for treatment At this point the state of red cred the clothing in evidence This in wied all of his outer clothing even een to toh h his is hat and shoes c P C Brown captain of police was re ailed He Ho was the second witness called it the state At that time he lie testified to the visit of ot Walker alker and Lawrence to f headquarters the night before the tragedy During this examination he noke of Walker WaTker handing him a letter teat mat was addressed to Detective Shannon of f r the Salt Lake police pollee force who had been In Ogden during the day da but who it t that time had returned to Salt Lake Lakey Yesterday y Captain Brown was questioned r T garding that letter He said that the thel l Itter in question was signed by b former of f Police Pollee McKenzie of Salt Lake ind md asked that Shannon render any as stance to Walker that might come with within TI in his power If It he should find him In Ogden The witness said he had searched diligently d for the letter recently but had hadeen hadeen hadeen een unable to find It He did not re remember remember remember member whether or not the letter con tamed anything an about Walkers Wallers wife wiCe or Dr Beers Deers Captain O 0 H II Hassing a photographer Unified to having gone to the Richey morgue on Sept 23 and of photographing the body bod pointed out to him as being that of the deceased Witness then iden idea identified Identified several photographs and the same were offered In evidence The court sus sustained sustained tamed for the time being the objections of at the defense to the Introduction of tilt the photographs on the ground that previous pre previous ous witnesses had testified that the effect of Injecting the into the arteries was to bring out in more nore pro pronounced pronounced pronounced way the Injuries on the body bogy The court however reserved the right to change his ruling and asked that counsel for both sides submit authorities to sup support support support port their arguments Dr A P Hibbs osteopath and member of the state medical examining board told of having known Dr Beers for two He described his as a man from 25 23 2 to 30 O years of age who stood about five feet ten inches and weighed from 1 to pounds He stated that his physical condition was vas what witness regarded as exceptionally good and said that Beers Deers had the appear appearance appearance ance anee of being exceptionally strong ally allyOn On witness stated that he lie examined Dr Beers for a defect of the eyes and said that he made a phy physical physical physical examination of his neck and shoulders shoulders ders dors In this connection and insisted that his physical ph condition was good Frank Beers said sahl he was the father of Dr Beers Deers and that he lived at Kearney Kearne Neb where wh re he was engaged in the mer mercantile mercantile cantile cantlie business He said his son was wasI I past 27 years of age and that he had last seen him alive about two years yeara ago He said that he was 6 5 feet 9 inches In iii height and would have weighed vel hed B or pounds At Ar this stag stage of the exam xam examination defense objected and was visa sus su sustained tamed Widow of Dr Beers Testifies Mrs Tillie R B Beers widow of the de deceased deceased deceased ceased doctor testified that her husbard husbad died Friday Sept sert 30 10 O 1907 at the Ogden General hospital She said that he ho had bad been injured about In the forenoon and it was in the afternoon when she got to see him Fhe She saw the body bod after death orce In Ogden and again at Kearney Kearne Neb eb where whre wh re it was taken for burial As soon as the state concluded the examination the wit witness witness witness ness left the stand and walked hurriedly from the room Attorney Hutchinson for forthe forthe forthe the defense announced that lie he h did not have an opportunity to and md Mrs Beers was called back into court by the bailiff Counsel for the prisoner conferred a few moments after alter which Attorney Hutchinson announced announce that the examination of the state had i eoa so lim limited that he desired to havethe subpoenaed for the defense and the sub subpoena subpoena subpoena poena was ordered Issued Call Can Bertha Hull said the district at attorney attorney attorney torney and a trim little girl of 15 arose from a seat on the opposite side of the room room and after taking the witness ath took her place In the witness chaIr It was vas in a clear and distinct voie that she testified and not once during durin the long ordeal did she falter or hesitate Miss Hull HuIt said that she was 15 13 years ears old and lived with her parents at Wa Wabuska Wabuska a buska Nev and that prior to living there ther they had resided In Ogden During their residence In this city they occupied apart apartments apartments apartments ments directly over the store of the Eec Supply Fixture company campany c She said that they lived there on Sept Se t 18 IS the date of the tragedy tra edy and that shortly aft afterward afterward afterward erward they moved from Ogden She Hh testified that on the morning of Set SeltIs IS 18 she and her mother Wi doing the family washing In the room over the small room of the Electric Supply Fixture company compan as well as over a por portion portion portion tion of the general salesroom of the same concern She told of ot there being baing a agias glass broken from the door leading from the apartments to the rooms below and of ofa a piece of canvas being nailed over it and described In a general way the He lo location location location cation of the Hull apartments The Story of the Tragedy I looked at the clock said the wit witness witness it ness nm s and it was ten minutes past 9 This was a few minutes before my m at attention attention attention wag wa first attracted by sounds of I scuffling muffling in the rooms below First I heard scuffling and then sounds as if some one was running then soma one hollered Oh Then th they went vent out into the big room at the rear and some one shouted Oh and Oh dont Then Th n they stopped and talked I hear the questions asked but I heard heart some one answer No I never They The talked for a few minutes and then started running again and I heard some someone someone someone one say Oh dont Oh Then they stopped and then they ran again I understand the questions but I heard No 10 I 1 never again Then some someone someone someone one said Oh for Gods sake Walker dont kill me Then some one ran just justa justI a little and they the talked again and he I said Once I only heard that word spoken once They started to run again and he said Oh dont Dont kill me Then there was more running and I heard some one fall I could hear orae one hitting him and every time that he fell I could hear a sound as if It some Home one was hitting him knocking k him down He then sat him down on something and said Damn you ou sit there now There was some more talking then I was not listening all the time I Iwas Iwas Iwas was back and forth to the window at atthe atthe atthe the front to see If it I could see a police policeman policeman policeman man Mother was with me part of the time I remember attracting Mr Shaws attention atten tl on and he ran oVer toward the Crystal C stai saloon s loon I went back and I heard some one say Ive got you now and Im going to kill you ou right this minute He hit him again and he lie fell down and was still I thought sure he was killed He screamed Oh then I swear before God I He said this several times I heard the sounds as if some one was falling seven or eight times When he cried orlOO Oh It sounded as if It some one was In awful agony agon After It was all over oer I went to the back room and looked over the railing of the stairs and saw Walker Valker in ill front of the glass combing his hair Did you say anything to him asked the district attorney or Yes replied the witness hI I said Arent you ou ashamed for fighting so Continuing her testimony in reply to counsel for the state the witness said Tried to Interfere While the fighting was going on some someone someone someone one tried to interfere and I J heard some someone someone someone one saying Attend you your our own busi business business ness fleas or I might kill you I heard awful bad names called I heard the water running and heard mopping They mopped after he left but I am not sure they th were mopping before he left I saw s w the cab come to the rear Some one got off the cab and rapped on the th door and called Ed Mr Ir Lawrence open ope l the thedoor thedoor thedoor door Then the man that got off ot tile th cab Herdti Herdt I believe went downstairs with Lawrence and they got the man that th t got the beating Lawrence was on one side and Herdti Herdt on the other He was partly walking and partly being carried They rhey put him in the cab and Herdti Herdt went dOWl stairs and brought up a t hand satchel which he threw in the cab As they ther were coming up the stairs I heard the in fined man say My M poor baby His fa was bleeding and it looked as if court ter had been placed over his forehead The witness said that later she saw Lawrence go over to a Ia is lur zur store across the street and aUtI that thal when he returned he lie had a package in his hand He lie went into the Electric Supply Fixture store She did not set see Walker leave Miss Hull was given g en a severe sever ross cross examination by Attorney Hutchinson She insisted that Beers said sald My lI poor lahy la y twice as he was taken tak n up tip I the stairs He did not Indicate whose baby it was whether his or some other ocher mans Counsel for defense asked the If f she had gone over the details if f the case with Ith the attorneys for the state or OT tie He t county count attorney She strongly denied this and when pressed further on o the th subJect said it was not necessary for fOI her to go over the tho facts with anyone I 1 will al always always always ways remember it she said lId The witness testified that she was ac acquainted acl with the voice of Lawrence but l I did not recognize It that morning until untila 1 a a a L u after the right fight when she heard him ask Where here shall shaH I take you Qu and anti wh when n Beers answered that he did out not care he asked To your rooms and Beera re replied replied replied plied No not to my rooms She said that the tone of of Lawrences voice was sympathetic Then In rapid succession counsel for defense asked Did you ou hear anyone ray Lawrence dont leave me or Lawrence for sake keep him away or Lawrence for Gods sake dont let him kill kili me To each of these questions the witness re replied replied replied plied In the negative The girl denied that It was mere curl curi curiosity url that caused her to listen to what was going on in the rooms room below belo and said she was solicitous about those in the fight tight down stairs Miss Hull said Mid that all alt the blows she heard were fist blows that it did not sound as if it any kind of an instrument was being used and that Walker did not appear to have been struck when she saw him at the bottom of ot the stairs She told the attorney that she went to the rooms below some time after the fight light In explaining her rea reason reason reason son she said that she wanted to see the man who was being beaten dId eld not get out to see If it there was any door through which he could nave Jave escaped She did not know whether or not Weiher er was bruised about the body and said that If she had not seen either Beers or Wal Walker Walker Walker ker she would have supposed that the fight tight was between some of the boys that worked for the electric company Shown a Photograph The |