Show t flOW MRS fo MILLS CONFESSED r Details of the Manner in which Capt Mills was Told < by His Wife of Her FallHis Frenzy on Being Informed that OMelveney was the Seducer Se-ducer Testimony for Defense The proceedings In the trial of Capt > Fred J Mills yesterday for the shootIng shoot-Ing of J C OMelvoney comprised the conclusion of Judge Poweras opening statement for the defense and the In p rroductlon of testimony and deposl lions showing Mlllss previous good r character and the great physical and mental suffering he had undergone The day was by far the most InterestIng I > Interest-ing and dramatic of the trial thus far F MRS MILLSS CONFESSION In the statement for the defense was made public forthc first time the full particulars of and the circumstances circum-stances surrounding the confession of guilt made by Mrs Mills to her hun band First at Pocatello In response L to the demands of the shocked and grieved man she admitted to him that k i she had been unfaithful but refused to divulge the name of the man who had wronged her Later in a letter I nlic again acknowledged the offense r and pleaded for forgiveness The name of the defller I was not told until at j the hospital the desperate husband accused ac-cused an Innocent man Then at the solicitation of mutual friends the unhappy un-happy woman accused OMelveney and told the whole sorrowful story and at the request of Rev Mr Wallace recorded re-corded her shame in her own writing The dreadful sequel quickly followed Mills wasted by disease stupefied by belief of his friends treachery and with all his outraged being clamoring for the life of the man who had done the deed sought his friend and shot him Judge Powerss statement which In all occupied two hours and ten minutes min-utes consumed an hour and forty minutes min-utes of the morning session The address ad-dress was of absorbing interest and hold the hearers as If I spellbound They were In a measure prepared for the declarations made but the minute and sensational details and exact particulars particu-lars delivered so carefully and in logical logi-cal sequence caused the listeners to = almost hold their breath at times as the story of a wifes weakness a I friends perfidy and a husbands awful wrath coupled with a mind diseased leading to a dreaiful tragedy were unfolded Capt Mills completely lost control of himself and bowed his head 1 In his hands while his slight frame i i was shaken by sobs HER BRAVE DEMEANOR Mrs OMelvenoy the widow of the I dead engineer was apparently one of the least I affected persons in the room She drew a binull red memorandum book out of her handbag borrowed a pencil from her brother and took notes throughout the address When Judge Powers In Impressive tones said that OMelvenoy had violated his marriage mar-riage vows and seduced the wile of his dear friend after she and her children had been conllded to his care by the absent husband the offense being committed com-mitted under OMolvcncys own roof while his wife was away it was thought the widow would break completely com-pletely down But Instead she smiled In a sarcastic way loaned forward and whlsperod to Mr Van Cott and resumed re-sumed her notetaking with time incredulous I in-credulous smIle sllll lingering about I her mouth Perhaps she had schooled herself In preparation for that moment I perhaps her faith In her dead husband was pitch that she could ridicule the idea that he had been untrue to her or perhaps grief had so affected her I comprehension that she failed to realize real-ize the awful Import of the charge l made She was not observed to shed a tear during the long recital while l about her many whose Interest in the case Is as nothing compared to hers had tears trickling down their cheeks ALL BUT MILLS SMILED Several times she smiled and when the colored bootblack gave his unique I testimony late in the afternoon she 1 I almost laughed outright In common 2 JYtA wLcL7 5 6 I iN rvAA 42ir i ea4JI 9t7 uf I tf2A k 9 ggz4 tt L21 O144P i 1 fvAf r7LLi4 uJYV tvf14 4LJd tE O 7r WL qr 4L 11t JectLt 4e e tt o ow i f f 75 4 th 0 < 1 ml l Sk l1I I iJ 7ueE1 J d 3 6 q q 4 CONFESSION OF MRS MILLS Statement written on the day of the killing in which the wife of Capt Mills charged in the presence of her husband and Rev and Mrs D Douglas Wallace that J C 0 Melvency had seduced her with most others In hearing even although al-though the witness was describing the conduct of Mills on his way to kill her husband But the droll manner in l which the colored man gave his replies proved too much for even her mid por haps It was just as well as the laugh may have helped to relieve the grief I stricken heart whose aching was concealed con-cealed with Spartan courage such as I women alone can show But although even the Judge on the bench had a suspicious sus-picious quiver about his lips and a I telltale tell-tale twinkle In his eye and the grave and serious lawyers and the jurors in whose hands a life is resting could I not repress a smile there was one within hearing whose features never relaxed the defendant No humor appeals ap-peals to Cant Mills now The light has gone from his life perhaps for always al-ways no matter what the result of the Irjul may be for he has suffered as few men are permitted to suffer and live liveJudge Judge Powers has been a far from well man ever since this trial began I I and Is under a physicians treatment I yet It is doubtful IC he ever made amore a-more comprehensive and telling statement state-ment of a case than the one he delivered deliv-ered yesterday GREAT INTEREST SHOWN The crowd was the largest soon during dur-ing the trial and during part of the afternoon the room was fairly parked There were more women present than at any previous singe of the trial and it was noticed that while Judge Pow cis was making his statement several women were standing up or sitting on the arms of their chairs prominent in the crowd with men heated all about them Two ladles bearing umbrellas and reticules walked within the railIng rail-Ing and took seats reserved for witnesses wit-nesses although when questioned the ladles stated they were merely specta tors They were objects of much curl t Ierc CAI L r the 5dt tCW tbi C bC fLiI p IIi II-i keJ Dnrded t Ie tfAnlt c Hcrduccr 1 t de enda J ti 9 1 I 0 Vi4 could nrdnve I f Ii rtrougbis uvpir v i j A i q Jn tiGifl1 Tk 1 qWIe A x jffip k loffldcfflOtC f I my OjGoB iLwamrrIeQd i p t = osity during the day many believing them to be connected with the case Judge finer who is presiding In the TcderaTcourts i here durlngJudge Mar shalls sickncss dropped In for a short time durJng the morning accompanied by l hip wife and daughter and Judge 1 Miner Various prominent lawyers and i oilknown citizens were present to hear the statement of the defense in the famous case The crowd continued I heavy until the reading of the depositions l deposi-tions in the afternoon had proceeded i I well when the spectators began to depart de-part although many remained until the I closing of court for the day HIS GOOD CHARACTER The evidence offered by the defense was all along the line of establishing the good character of the defendant and showing how seriously ill he had been with the consequent effect on his mind brought out A number of men of standing III this and oilier communities communi-ties were placed on the bland and depo I sillons from several wellknown and reputable officials and professional men were read the tenor of all being strongly I In support of the defense outlined out-lined by the defendants counsel Among those who testified wore V C Roidor a wellknown business manor man-or Pocatello T W Uowen of ISoise C X JBannislor of Ogden L 13 Hall of Salt Lake and D W Ross Stale JSngl Heel of Idaho all of whom were well acquainted with Capt Mills und unhesitatingly un-hesitatingly Indorsed him as a man of good standing and lawabiding character charac-ter lo the best of their knowledge Depositions from Chief Justice Isaac N Sulllwm of Idaho Thomas E Ricks chairman of the Idaho Insane Asylum board and president of the Fremont stake of the Mormon church Dr Thomas E Wetcll Jennie M Long who had nursed the defendant during I his Illness In Honolulu Frank S Bill ton and Fred J H Rickon who were fellowofficers with him In the volunteer volun-teer service and Senator Heilfcld of Idaho all of whom knew him some having known him for years certifying to his excellent character and to his great bodily allllclions and the result of them on his mind were read By stipulation a testimonial as to Capt Mlllss character by Senator Shoup of I Idaho was also admitted as testimony SHORT SESSION TODAY I Court will adjourn at noon today Among the witnesses who will testify for the defense this morning are coy I Steunenberg of Idaho who came to Salt Lake voluntarily for the purpose of testifying tes-tifying as to Capt Millsa character Mrs I Jacob Mills of Helena sister of the defendant who will testify as to his entire en-tire career from boyhood and Jailer T F Thomas who will testify rcgaiding Mlllss condition in the county Jail wIT w-IT Cunningham the former Short Line clerk who has a different recollection of the statement Capt Mills made to Mr Eccles Immediately after the shootIng shoot-Ing from the memory Mr Eccles has of tho remark will also be put on the stand and among the depositions will be a lengthy one from MaJ 1 W Woods who was In charge of the hospitals hos-pitals In Honolulu MILLSON STAND MONDAY Capt Mills will not be placed on the stand before Monday and It has not yet been decided whether Mrs Mills will b called at nI President George C Parkinson of Oneida stake and Sheriff Sher-iff OMalley of Bannock county Ida will also testify for the defense although al-though they will probably not be called until next week when RPV D D and Mrs Wallace will doubtless be called Dr Glvlns of the Idaho Insane asylum will start for Salt Lake tomorrow to I give testimony In the case SEPARATION AGREEMENT I Only a fragment of the letter In which Mrs Mills asked forgiveness of her husband Is 1 known to exist and Capt Mia has no recollection of what he did with the remainder of It during his aimless wanderings on the day of the tragedy The other papera offered In evidence by Judge Powers are the letter let-ter from Mrs Cook of Pocutello and tho agreement of separation between Capt and n Mills The latter document Is written on paper of the engineering department of the Government This paper hn a printed Cheyenne date line niul was brought here by the Captain from that city The agreement Is In Capt Mlllss handwriting covers au entire Is I signed page slsne by himself and I his wife and witnessed by Rev D Douglas Wallace I provides that the husband and wife shall live separate and apart he to have the custody and control of the children the two little boys now In the school In this city The paper bears date of September 29 1899 In Salt Lake CAUSE OF CONFESSION So far a can be ascertained the only motive that impelled Mrs Milts to threaten to take her life was remorse re-morse I Is believed that her husbands hus-bands kind and thoughtful treatment of her after his return together with the to great love she still professes bear toward him so acted on her feelings feel-Ings that she was unable to endure the silent reproaches of her guilty conscience con-science 1 has not been shown that she had any reason to fear the exposure of her Illicit relations WHY MILLS KILLED H Judgo Powers Outlines the Thrilling Story of Defense Judge Powers resumed his opening statement to the Jury on the convening of court yesterday morning He went on to show the condition of the defendants defend-ants mind as a result of his severe illness In Honolulu outlining the various va-rious forms of Insanity which atlack patients among them being transitory insanity transitory mania and transitory transi-tory melancholia describing the conditions con-ditions which accompany each Then Judge Powers told of the return re-turn of Capt and Mrs Mills to this city from San Francisco becoming the guests of Mr and Mrs OMelvency Later came Capt Mlllss severe operation opera-tion at St Marks hospital when he had one of his ribs removed After leaving the hospital he was given to understand by Mr OMelveney that ho would obtain employment on the Oregon Ore-gon Short Line but for some reason Dr Pinkerton declined to give him the physical examination and he was unable l un-able to secure the position Then he secured a position at Cheyenne under Hon Flwood Mead He found however I how-ever that he had apparently lost his mental grasp and menial power and was unable to proceed with his work in a manner satisfactory to himself He suffoied severely from pains in his head but remained at Cheyenne until the U3rd of September PROMISE TO MILLS When Capt Mills entered the army he had his life insured for S LL500 in favor of his wlfo left 400 In the bank for her and from his salary as a Lieutenant Lieu-tenant which amounted to about 5125 a month he sent her on an average a little more than 100 l a month for her benefit and the benelll of the children Judge Powers said thai the only regret Capt Mills had on entering the Service Ser-vice of his country was that he had to leave behind the Idols of his heart his wife and children But the night before I be-fore he left for Honolulu the last words almost the parting sentence sen-tence to him from the Ipso Ips-o John C OMelvenoy were these Fred If anything happens to you I will see that your family does not suffer That was the night rore he left hero tp go Into the arm > vcon linued Judge Powers and he leftjwlth the confidence In that friend that had grown through years of acquaintance To him and with him CapL Mills In his confidence felt that he might leave the treasures of his heart In safety MOTIVE FOR THE KILLING Now it may be asked what was the motive for this tragedy I has been proved by the State that on the afternoon after-noon of the 3rd of October there walked into OMelvenoys ofllce all Frederick J Mills speaking to others as ho passed through giving no signs and shooting Mr OMelveney and no motive shown The testimony as already al-ready given shows the act of n madman mad-man There is no revenge shown no reason for revenge There is no Jealousy Jeal-ousy shown There must have been a motive there must have been I cause for this terrible tragedy let us see What it was Mr I Mills 1 was in Cheyenne and was intending to come to Salt Lake about October sl An application hud boon made to him by Dr Slubbs president of the University of Nevada to lake the chair of engineering at a salary of 2000 a year At that time the Ulrd of September his prospects had not been brighter for more than a year At that time he hud no malice in his heart against any one What regret he had had a disappointment at losing the position which he expected to obtain peared on the Oregon Short Line had disap HIS IIRST SUSPICION At that time said Judge Powers he had the utmost conlldence in his wife Never throughout their life had he seen anything in her conduct or heard anything from her lips that caused him to suspect her He arrived in Salt Lake City on September 23rd in advance of the time lhat he expected ex-pected to come Walking up from the depot he met his wife and children on the street He approached them was glad to see her glad to see the children chil-dren but was struck by her apparent deep despondency He thought It was due to her long months of selfabnega lon and efforts to restore him to health Then he told her of his prospects pros-pects and said that ere long the family fam-ily would cnce more be united Mrs Mills had been planning a visit to Po catollo and Boise and thinking it would do her good Mr Mills urged her to take It INTENDED TO IxILL HERSElF While she was absent he stayed at The Halls and on the evening of September Sep-tember 25th upon looking Into a pasteboard paste-board box he saw a scrap of paper containing something in his wifes handwriting directed to him and the I sentence upon that piece of ton paper wusM My Dear Husband When you see this I shall be dead The effect upon the sick man was like that of a thunderbolt out of n clear sky All night long he walked the floor and as soon as tho train left for Pocalello In the morning he started to see her When he reached Pocatello he sought out his wife and asked her to take a walk with him that they might have a talk They strolled off together continued con-tinued Judge Powers and there was told him the saddest story that ever can fall from the lips of a woman Into uie ears of a man He showed to her i this scrap of paper and she admitted Iap < to him that It had been her Intention to take her own life on the night of the 7ru ° c September He urged her to inform in-form him as to the reason for that con duct She declined to tell him TOLD H7M OF PIER INFIDELITY He told her there would be but one I thing that would Induce her to think or leaving her children orphans and himself alone and that was that she had been unfaithful to her marriage vows and she said to him Fred I am not goln < to lie to hlm I have been unfaithful rhat ls I the only thing that i would have Induced mc to kill myself Then he demanded the name of her seducer and she refused to give It He demanded J It In the name of a husband charging her with doing o < him a wrong He demanded It In the name of their Continued on pace 5 MRS MilLS CONFESSED I Conllnuod from page 1 love which she said she still had for him 11m himThey They returned to Salt Lake together on September 2711 Al that time Capt Mills did not know the name of the man who had been the cause of his intense misery After they went tot to-t rooms In this city he Importuned her constantly for the name of the man and shu persistently refusud to r give It Finally he took hin revolver and wont out to take his owi life but there came before his mind the vision of his little children and his hand was stayed Then he returned to his wife and asked her why she did this mil she said There was no excuse it was simply flattery I ought not to have listened to it there Js no excuse for myself AGREEMENT TO SEPARATE t The husband and wife then agreed tom to-m und a written lUatcment to t c that effect was made by him and sJgnd by t hem both which statement was found on him when he was ncorrhed at the station He then went to the olllce I of P L Willlamn In this city and made out his will In favor of his children I dren not of hit wife On Sunday October Oc-tober 1st he met President Stubbs of the Lnlvertdty of Nevada In thIs city and It WAS decided that 1 he should take the eimir of engineering In tiiil in < Ul tutlon On Sunday evening he Itt Salt Lake for Provo buying a roundtrip round-trip ticket On Monday he tried to Interest In-terest himself In his work hut found it utterly impossible that he could nut l drive his great sorrow om of sii mind and so on Tuenday morning October 3rd hn dol rmlned Jo I return to Salt Jjake dly I I < umlng back bcic lo the scene of hlP trouble us a moth flies lf > u candle He did not remember 1 hit when leaving Halt Italic he had Put chased a return ticket NO when he reached the station he purelwned a ticket from Proxo lo Salt Lake und Hie unused portion of the I roundtrip ticket from Salt Lnk < to Provo and return was exhibited sia an evidence Chat he ivasf not mentally responsible ut Hie I F time Reaching Salt I Lake at about 10 I clock he went to the Kenyon hotel and there was handed two letter f ne of which waR from his Avlfc Jn that hIIer l she expressed tin deepest aflVc tlon for him PxpronHCU great sorrow and distress for what she hal done who prayed for fnrgheuen and rx preKscd the hope that at some I line by 1 the living of a correct life she might Hecure his pardon for the awful sin he I had committed WAS IN DEBT TO OAlELVENEy In thin letter Mrs Mills also staled that although lnr husbands allowance to her during his absence in the I inny hadhoen most liberal she had lived 1 beyond her means that I she had borrowed bor-rowed 70 of Mr Wallace SO of Mrs i Cook of Poralello and Fllf Mr l OMcl veney She le it would be Impossible r for her lo > ay the 1 mollY and asked If I he would not do so Mr i I Mllln spoke i to Mr OMelveney about the money and said he would meet the obligation > In a day or two and Mr Otlelvcney t said he need Ill let that trouble him that It would be all right Mills also t asked Mrs OMelveney If she knew that her huhband had loaned Mrs Mills lIJ f the money and she replied that she u did but as she exported to need her services as a nurse thought she would let hat apply on the pay for her service t ser-vice ft The letter l which Mrs Mills sent her husband also staled rather bitterly that tflhc understood there was sumo rumor In circulation at St Anthony against her MILLS CONSULTS OMELVENEY After reading hlo wifes letter l Oapt i Mills decided to go over and have a talk with his old friend OMelveney 1 reaching lofl1i C bblwcen 10 and Jl oclock ahd found > rr O Mel en3 alone The latter inquired of Mills twp or three limes what was the matter that made him so depressed and finally final-ly 1 Mills looked at him and said John do you know anything against my wife or have you ever heard anything any-thing against my wife k OMelvency started looked at him and said Fred you do not want me to tell you But Mills pressed him for Information and finally OMelveney mild I was simply womans gossip I 1 i would not pay any attention to It if < I were you On being pressed further r OMclvenoy admitted that his wife had t made mention of something that she had heard Then Mills suggested that I they go and see l1 N O Aid veney sot so-t the two men started to walk tp OSIel 1 veneys home They walked as far as g OSaglo gate when on account of the i weak condition of Capl Mills they de elded lo wall for a cur On the way tot I to-t the Eagle gate Mills lold OMelveney tf that a separation had been n seplrlon een agreed f upon and OMelveney said For Gods sake ont do anything of that J kind Your wife has affection for you and beCorc you do anything of that kind bo sure you have absolute proof r 1 know you would not take any such otop as that unless you suspectcd your vifos ndellly to hlch Capt Mills replied that he did OMelveney then told < all Mills to think of his chll dren and rapt td Its replied that he r had Then OMelveney said Wait until un-til you get absolute proof Then tnpt Mills i said to him Suppose Sup-pose sjhu tells me hers flr That AMIS up there by the Kirglo gate continued Judge Powers and when he uttered UIOHP I words OMel veney looked at him and started In away a-way that impressed itself upon Capt Mills OMHveney at that moment was inn to cover I and human Instinct that warns mankind as it does the lower order of animals of an Impending danger dan-ger told him In his heart that he was near the source of trouble PELT THAT HE WOULD KILL HIM And at that time Mllla turned toO to-O leleny and aald John I almost feel that you have not been a friend lo me 1 I found out that you had I i Boduced my wile I fell Ihat I could not control myself r feel that I should Kill you on sight 1 OMflveney protested and assured him that he had not He tried to culm him and assuage his excitement und they look the car and went up to the house There Mm OAlelveney said t < > him In mibulanco thai I considering tllP Knurrs fivini WI1ltlI ulin hnfl lwnrd f certain things t she would not pay rat r-at attention to It and gave him thn F fat of a woman who hind a1d the rfl1mg against Mrs Mill FREE WJTH A DOCTOR Upon being red however < Mrs OMclvpu admitted that Iho bud t heaid that Mrs Mills had been alto gether to free with R physician of this city naming the doctor Mills Inquired In-quired what Mrs OMolvcncy knew about it and she told him that his wife V had ben to parties and to dinners at V restaurants with him that she had led V him to believe that she was RJI unmarried ried woman When Mills heard that he believed that the doctor nan Um V source of his trouble and rushed out V of the house He was followed by V OMelveney who tried to persuade him V to return to the house Mills endeavorIng endeavor-Ing to shake him off OMelveney walked with him HH far as G and Second V Sec-ond streets where they i arlcd V EXONERATED THE PHYSICIAN Mills went to the hospital and Inquired In-quired of Mr Wallace for his wife When Mm Mlllx came Into the room I where her husband was Mrs Wallace V started to leave but Mr Mills requested re-quested her to remain Then he told V hla I wife that to his sorrow he had V Ifcarned that she had boon too familiar V with a physician naming the mu When ho stated that she at once became V be-came surprised and indignant She denied any such suggestion So strong ly and with such good faith did die do thin that lie became sutbifled that the V report concrriiln hlK nlfc and l till pin Mririn wrr not founded upon truth ATr Mills told ht r hnbi t11 I that I eh had not spoken to the physician but a few times In her life that while she had taken lunch and dinner with him at a V restaurant It was in company with two or three of the other nurses that before she left for Honolulu she met the physician and bade him gopdbyc saying that she was going to nurso her husband who was Ill whereupon the physician told her ho had always though her a widow V Then air Mills I became greatly excited ex-cited and determined tin know who it was and said Will you tell V me who seduced you and she said No Then Mrs Wallace urged her to tell him and pointed out how he was suffering suf-fering and said that the only way sho could be forgiven was to confess her sin MY GOD IT WAS MY FRIEND Finally Mrs Mills said It was Mr OMolveney Then Mills threw up his hands and said My I God it was my friend The man with whom I i have slept under the same blankets He was wild with rage and paced the floor like a raping animal Then Mr Wallace Wal-lace came In and his wife told him I what had happened Mr Wallace uriKcd NltJ Mills If slip would wrtitc I down what she had confessed and she 1 i did V V so 1 Airs Mills then related to her hur V hand how It I all came bout Mrs l I OMelvcney was away and OMelveney cuino to her Haying that he had hud I trouble I wjlh his housekeeper anti asked hlI to slay with his children Finally I after consulting Airs Orlixor and her own sister Naomi she decided to go taking her sister with i I her Slu > had a room by herself and her sister V had a room She staid at t he house from about the mIddle of July lo the middle of August t JSiiS V STORY 01 HER J FALl I While tinre 1 I OAlelveney frequently tal ked lo her about Capt Mills I H yi I ng I that I If he hud loved her ho never would have left her and gone into the army I fl l lP flatlerod I her and paid herman her-man lltlk I I I attentions lie told her that Mills had cmlldcd In him and said that marriage was a fallme I He V even 1 WlIt so far as lo I suggest that could behave be-have married Mis I Mills i ho would have been a far happier man himself One afternoon she was lying upon the bed in I the 1 Jronl t room She had trouble with her eyes and was lying dutvn She heard a rap at the door und supposed it was her sister or one of the children but was surprised lo see Mr OMHveney enter lie I sat down on timed time-d and talked with her about her husband told her how much he OMel vcncy thought of her and the woman wo-man willt omanly weakness listened and Plie fell I from virtue i and the offense of-fense was repeated on other occasions MILLS UElAAlE 1 FRANTIC AH the stOIY was told in bioken l sentences sen-tences drawn out little by little Mills was satisfied not only that his wife had been false but that his friend had planned 11 Ihat t he had gotten her lo I his own house manifestly for a purpose He was no longer I able lo I control himself him-self und soon became absoltely frantic The rage of the I man which came in his heart hen he learned the facts overmastered over-mastered and overpowered his intellect I intel-lect and he was not able to control his I Intellect He was mentally irresponsible irresponsi-ble Rev Mr Wallace tried to comfort com-fort him plead wllh him as a Christian Chris-tian but Mr Mills said that he could not stand It any longer that he must get out Into the air And so he burst i from the hospital and after that he has no recollection of what he did or where he went until he found himself in front of the Oregon Shorrt Line building and next face to face with OMelveney Judge Powers said that the defendant lias no recollection of how many times he shot ABNORMALLY COOL AFTERWARD He described the conduct of Mills just after the shooting Ihat of an abnormally abnor-mally cool man the coolness of a mind depraved Then Judge Powers out I llned the evidence which the defense iiiiendecl to bring before the Jury tcr 1 show the mental condition of Mr 11ills1 also the moral reputation the man among his friends and acquaintances I prior to his Illness and his menial condition I con-dition proceeding and Immediately following fol-lowing the tragedy brought on by his Illness in Honolulu including depositions deposi-tions of experts on Insanity VV V In closing Judge Powers said The motive that was suggested by my learned friend Mr Putnam that this was a coldblooded murder will be shown to be entirely I without foundation foun-dation We shall present to you first of all the defense under our statutes which has placed into words the Impulses Im-pulses of the human heart which were planted there by God Almighty to defend de-fend your homo and your wife Under Un-der this slalute this shooting was justifiable jus-tifiable Ve shall also show that it was the act of a man mentally Irresponsible Irre-sponsible Our defense therefore will be this BASIS OF DEFENSE V FIrstThe knowledge suddenly V thrust upon Mills that his nearest friend of twelve or thirteen years standing had ruined his wife destroyed his home blasted his life injured his llltle children created In him a sudden sud-den and furious ptrnslon and an Irresistible Irre-sistible Impulse to kill OMclveney which was the moving cause that induced in-duced him to do the deed and the only cause and the man could not slay hlu handSecond V Second That at the time he learned the awful news and for a long lime prior he was and had been suffering from posttyphoid mental aberration caused by i the poison of the typhoid fever and by his anaemic condition In addition to that lie had gone eight days without sleep ixnd with but very V little food being at the sumo time under un-der Intense mental strain In this condition V con-dition tho intense passion and rage of the man which was aroused by the crushing news that he received thereat there-at tho hospital completely dethroned his reason and made him V insane and mentally irresponsible HILLSS GOOD REPUTATION Witnesses for the Defense Testify Regarding It V C Rodcrof Pocatello was the first witness for tilt defense He had known Mr Mills for the past twelvo years and stated that Ills imputation for peace and quiet in the community whCrr he had lived was good T W Bowen formerly of Boise Ida was also questioned as to the reputation reputa-tion of V Mr Mills in Boise prior to the time of the shootlmj He had been acquainted ac-quainted with defendant since the win LOt of 923 wag also well acquainted In Boise and said that Capt Mlllss reputation for peace and quiet was good and that he 1 had never heard anything any-thing against Mr Mlllss conduct In Idaho C 1C Bannister a civil engineer of Ogden had known the defendant since 3SS7 In fact had been quite Intimately associated with him for soma time lit connection with work done for tho Union PacIfic He xtutod that the reputation i repu-tation of Capt Mills for peace and quiet wax good and that he had novel heard anything against him L E Hall of this city was then called to the stand Ho had known Mr Mills since 1SS7 and corroborated the testimony testi-mony of the former witnesses as to the reputation of Capt Mills In Idaho The court then took a recess until 2 oclock V j DEPOSITIONS OF PRIENDS They Relate to ifclillss Reputation and State of His Hoalth tTpm th convening of court At 2 I otlntk Judg P mfM rend tli dtpo I tMtiont cf vMoii el im1 filiil uil 1 aiquaintani of jpu MilL Ih > frt I r V V I V c ri V V r 1 s2f cr I ia W 1W h r < I I t l j t 1 I J 11 II I i f I I 10 jl lRM 1 h rr4 i J IG I I Ir i j Of There c rnieto b0 f 1 lofledoe Cat5ie t 1 VV toendlheLlle Ljoci I 10 VV I tar ifi VV 1 was that of Isaac M Sullivan Justice uf tho Supremo court of Idaho The winters of the past nine V years have been spent in JJoiso by Mr Sullivan Ho became acquainted wllh the I defendant de-fendant in Poculcllo and the acquaintance acquaint-ance wis renewed in Boise During thc lime Mr Mills was State Engineer of Idaho I Judge Sullivan was quiie intimately inti-mately associated with I him i Judge Sullivan staled that the reputation of the defendant prior u his departure for Honolulu was good very good In fact he was as peaceable and quiet a cillen as I ever knew V The deposition of Thomas E Ricks of llcxburg Ida president of the Fremont sLuIce of the Church of Jesus Christ oC Latterday V Saints was next road by Judge Powers This deposition deposi-tion stated that Mr Ricks had known the defendant very intimately for the past six years and that tfrior to October Oc-tober 3 Ib9t > his general reputation for peace and quiet was good The deposition of Dr Thomas Edward Ed-ward Wetxell who was connected with time Third battalion of the Second volunteer vol-unteer engineers was next offered In evidence He had meL the defendant prior to their departure Honolulu was qulle intimately clated with him at the Presidio and was intimate ly I associated owl hlim during their I stay at Honolulu While nominally occupying the position of hospital steward Dr Wetxcll acted as surgeon most of the time the engineers were in Honolulu and during Mr Mlllss illness Ill-ness saw him several limes a day Prior to his attack of sickness Dr Wctzcll stated that Mr Mills was physically phy-sically In very goon condition and was a very 1 active man Ho also staled that so far as he observed Capl Mills was in good mental condition and appeared ap-peared to bo bright and cheerful that he had never noticed any peculiarity about his conduct THE ILLNESS OF MILLS Dr Wetzoll then went Into the details of the attack of typhoid fever which Icon the defendant weakened emaciated emaci-ated In fact physically that he was delirious a great deal during his Illness and at the time of the voyage home Mr Mills was peevish and irrilablo and did not appear to bo himself Then hero were times when he did not appear ap-pear ti catch the moaning of what was said to him Again he was very moody and appeared to be depressed and affected af-fected with melancholy Dr Wetzcll stated further that he would not Ixave considered that the patients mind was sound at the lime Dr Wetzell visited the defendant at the county jail in this city on December Decem-ber 10th Ho said Ihat Mr Mills did not appear the same as he did when hu first entered the army that In was not as well physically or mentally as then Ho also noticed that Mr Mills had a peculiar way of staring at him I and also seemed not to comprehend what was said to him by Dr Wetzell Ono thing which struck Dr WetKoll very forcibly was that although the defendant de-fendant apparently recognized him when he entered the jail after he had been there about fifteen minutes Mr Mills asked first for his Initials and Inter for his name In answer to tIme question us to whether at the time of his visit to the Jail he had formed any opinion as to the mental condition of tho patient Dr Wctxell replied that ho formed the opinion that he was not yet back to his normal condition eilher mental or physical On redirect examinaUon the deposl l Lion showed that Dr Wetxell had tes lllled to tin fact that he had observed botii Mr and Mrs Mills in Honolulu and on the voyage over and that their nlllludo toward each other was mutually mutu-ally affectionate that he had never noticed anything which would indicate mi strHnhCmel1t I ENGINEER ROSS TESTIFIES Idaho State Officer Speaks Highly of His Old Associate Douglass W Ross State Engineer oi Idaho tcstliled that he had known the defendant since the spring of 1SOO Wit res8 had been associated with Mr Mills In a professional way for some time lie was well acquainted with him in Boise City and testified that the reputation repu-tation of Capt Mills In that town prior to October 3 1S99 was very good that he had I never heard anything against him Ho alho stated that he knew the general reputation of the defendant de-fendant In other portions of the State I of Idaho and that It was very good Mr Jtosa further tcslilled that he called upon thy defendant at the city hall in this city the morning after the tragedy He found Cnpt Mills very much cast down that he tried to enter en-ter Into conversation with him but found that Mr Mills had nothing to any until Mr Ross made Inquiry about his little boys then he brightened up and that was really all he would talk about Witness said that defendant looked very thin pale and careworn that he looked at the floor nearly all the time and It wan hard to get a I glance of his ye When witness > poke to defendant he V would look up ulth H start and a star hut would imnudtnfrly drop 111M r1S t to the hour l l On lrrty a nnuli n lv Mr put m < ru the uitn f iihi1 th it IK 1111 1 not on the occasion of his visit to Mr Mills meter lo the tragedy at all that Iho I subject was not mentioned Ho further testified that on time morning of his visit the defendant would sit still for a moment and then would get up i and pate the Iloor MILLSS STATE IN HONOLULU Depositions Holntivo His Illness and Mental Condition The deposition of F S Brltlon ala a-la wer of San FranciFco was then road by Judgo Powers Mr I IBrltton was associated as-sociated with Mr Mills as an officer of the United States volunteer engineers engi-neers from the time they entered the service until they were mustered out I Ihat the associations were those of the Intimacy of officers oC equal rank in the army The deposition related to the filthy condition of the camp of the Now York regiment saying that both ofllcers and men were Incompetent Prior to November but few were sent to the hospital but after that the General gen-eral hospital was so crowded with sick men from the First New York thai two additional hospitals had lo be opened to accommodate them Most oC their men AVOTO stricken down with typhoid fever and deaths among thorn wore numerous V 7 nu-merous Lieut Britton and Lieut V Mills nte at the same table and most of their evenings were spent together LlOut Mills was made engineer officer oC the camp and he felt a grave responsibility resting upon him The deposition sets forth that Lieut Mills was at work from 510 In the morning until C In the evening and his indefatigable labors were frequently the comment of other officers of the battalion In addition to his duties as engineer of the camp he was member of a general courtmar tin I and took his regular turn at guard duty V ATTACKED BY TYPHOID About the 20th of November 8H8 Lieut Mills was attacked by I typlioid fever was ordered to the hospital and I did not leave it until thc regiment returned re-turned lo San Francisco Mr Britton stated in his deposition that when hemet I he-met Mr Mills ho was of a quiet but cheerful nature not talking when many were present but talking freely I on all subjects to those with whom he was Intimate After he became convalescent conva-lescent he would sit for long I periods at a time on the porch at the hospital not reading although prior to his illness Ill-ness lie had been a rending man At this time however ho would sit with his eyes on the lloor or fixed on some spot Mr Brltlon referred to time Cant that Capl Mills often referred to his physical condition and of his desire to set active service in thC army that he I hud faith in his strength and his ultimate ulti-mate recovery At the time of the breaking out oC the fever among the Now York engineers Capt Mills took a most morbid view of the situation and Mr IJrlllon noticed that ho was melancholy In the extreme Shortly after the return of the engineers to San Francisco Capt Mills underwent an examination and the examining physician told him that ho would never 4 ln well again that he would have to undergo an operation and haye a rib and part of the sternum removed and this caused Mr Mills to be greatly dc Jecicd and so marked was his melancholia melan-cholia that he did not show any elation over the fact that he had been promoted pro-moted by the President to a Captaincy for services well rendered by him to the Government for duties well performed per-formed Mr Britton further staled that the general reputation of the defendant for peace and quiet among those who knew him at Honolulu was extremely good On croiscxamlimllon witness i Htatcd thai when apt Mills returned 1 to the United States he 1 considered that In was weak physically and undeter I inlmili > mentally and at no tlmo after his Illness would he hav employed him on V work requiring mental oxer i Lion Crossqupstioned as to the relations of Mr and Mrs Mills Mr Britton said Mr Mills seemed to rely upon hIs wife and to take pleasure In hor society V ENTIRELY CHANGED MAN V The deposition of Fred J H RIokon Of Sun Francisco who Is a civil engineer V engi-neer In the quartermasters department V of the army was next offered Mr lckon wan also associated with Mr Mills In Honolulu with the volunteer cnBhjcera Mr Rlckon corroborated the evidence given by Mr Britton In his deposition In all tho main pointS Mr IMckon said that Mr Mills was greatly wrought up over the sickness among the New York men and it seemed to Prey upon his mind that nothing could be done to help It The sickness of Capt Mills was described and Mr Rlckon said that he was an entirely I changed man after his sickness that he was very morbid always looking on I the worst side of everything would I wonder what would become of him and whether ho would ever be able to do I anything for himself After his return to San Francisco and after having been examined to be mustered out Mr Mills went to Mr Illckon In a slate of total collapse and told him that he With cer lain he would die Mr Rlckon ucd I every effort to cheer Mr Mill hut I I could not rid his mind of the Impression I that his dajs were numbcrrrj m 11 to 1 bits umien tul comtiit Ion t Itrnh JntnrlJ I 1m4i I irnr M Kir knn KHU Mr Mllln sas 1 as bright as any one could be but after his Illness he was morose morbid and continually wrought up over his physical physi-cal condition MISS LONGS DEPOSITION The deposition of Mlaa Jennie 1 L Long who will be remembarcd by many Salt Lakers as having been a successful success-ful elocutionist a few years ago was read by I Judge Powers Miss Long is now a resident of San Francisco but I was a nurse at the hospital during the V time Mr Mills was Ill In Honolulu and V I had change of him from the time hu way taken to tin hospital until the arrival I ar-rival of Mrs i Mills h about the 1st of January ISM The deposition goes into l details about his sickness He was conscious only at limes The fact that 110 had not paid his insurance seemed tu worry him greatly and finally Miss Long wrote a letter for him and carried the money to pay the premium on his j life Insurance to a bank in Honolulu One nltflit as tho nur e went to admin inter medicine to him he tasted it It went against him and he went into a terrible spasm There were many spasms following each other In quirk succession during which time his body I became perfectly stiff and It uas Hum that artilUial respiration had to bo resorted re-sorted to Miss J4oimg said that who thought Mr Mills was menlall iiru sponslble but not Insane what she meant was that t his mind was not strong but was i B i a very weak slut 1 p She had always nolirrd a peculiar luok out of his eCSL fixed sort of faraway far-away expression I EVIDENCE OF SENATORS A very brief deposition Unit of Senator I Sen-ator Henry Hoilfcld of Idaho was then read by Judge Powers It I merely stated thai Senator Ilcltfold knew the defendant I defend-ant very intimately In Idaho and that his rfMlltil Inn nvlnr to Oofnlinr ivriu 1 AILS good By stipulation of counsel I on both sides a ifSlimonial as to Iupt Millss good character from Senator Shoup of Idaho was admitted as cvl deuce MURRAY IS ENTERTAINING 0 Looks Like Uncle Remus and Testified Testi-fied too Copiously L R Murray the last witness called will run a close second to Mr Bishop candidate for juror as the humorist of the case Mr Murray Is colored black and olllclatcs as anointer and decorator of shoes with his stand to the right of the entrance to the Short Line building build-ing Mr Murray wears glasses and looks like Umle Remus He wore aYe a-Ye t and shirt like Josephs coat only more resonant wllh lie and jewelry to match A legal criticism of Mr Mur rays testimony would bo that there was too much of iL This may bo explained ex-plained later Mr Murray made a big hitHo He was examined by l Judge Powers as follows Q Do you know Capt Millfi 1 the dc fendant here have you seen him before be-fore A If he is the gentleman that camo down that day i cant sec very well at this lime in the evening Q What do jou say as lo the gen tlcman In charge of the officers hind you been him before A Yes I saw him Q Now before you saw him go dpwn with the ofllcers state whether you saw him going up A Yes sir I was sitting on the corner on the end of the bootblack stand and noticed when he I came don and remembered having seen him go up Q State whether you said anything to him A 1 was looking at a book and raised my eyes and said Shine and he never said anything Q Stale whether you spoke loud enough for him to hear you A Well I generally speak that way and some of them hear me Q Did re pay any attention to you A No sir a whole lot of em dont pay any attention to a man thats blupkln boots Q Did you notice his actions as he wont upstairs A Not particularly Q As to what direction he was looking look-ing as to whether he was looking down on the stairs 7 A No sir I did not notIce him Q State whether or not you observed his looking to the right or to the lenA len-A I think lie went right on up I didnt take any memorandum of it Q How rapidly did ho go A I think he was going at a moderate gait same as anybody else Q Do you remember talking with a reporter about this A Yes sir he was asking mo about It Q Do you remember slating that the man was a stranger to you and he paid no attention and was looking clown on the stairs as he went up A Maybe I did Q Is not that your best recollection that that is the manner In which lie went up the stairs A Maybe ho was looking down everybody looks clown at the stairs as they go up Laughter The crossexamination of thIs witness wit-ness was waived by Mr Putnam and court adjourned until 10 oclock this morning |