Show tILLS EVIDENCE ALL INo P S Drs Hughes and King Testify as Insanity Experts for the ProsecutionThey Believe that Mills was Sane when He Killed OMeiveneyArgument of Attorney Van Cott S f The testimony In the trial of Capt c F J Mills for the shooting of J C OMolvoney was all In at 330 yesterday J yester-day afternoon When court idjourned < for tho day Mr Van Cott for the prosecution prose-cution had concluded his part oC the States argument This morning Mr I Straup for the defense will open and will probably conclude about noon Judge Powers for the defense will then begin his argument and Mr Putnam Put-nam will close for the SLate It Is scarcely probable that the arguments will be finished today The case will I t u I S jit119 I LAS L-AS Jt7 43Ia I i I 1 I5 I t Cl i i I K S jf 7 t 1 i t E S r < > S MRS LAURA J E MILLS S From HOT Last Photograph by Johnson Showing the Wife of Capt Fred J Mills in Her Uniform as Nurse I S In all likelihood bo given to the jury tomorrow to-morrow forenoon EXPERTS FOR PROSECUTION The defense rested yesterday soon after i af-ter court opened and tho remainder 1 of the time until tho middle of the af tcrnoon was occupied by the prosecu t10n wIth Its testimony In rebuttal I S Dra Samuel Hughes and J C ID King wcrp called by the prosecution as ex j perts on Insanity The prosecution had S prepared a hypothetical question con Hldcrablyshortcr than the one presented I present-ed by the defense and read It to the experts The doctors replies were favorable fa-vorable to the prosecution although the severo crossexamination of Judge Powers did not strengthen the effect of the experts opinions POWERS AND HILTON I 1 Chief Hilton was among the witnesses wit-nesses for the prosecution In his testimony 5 5 tes-timony he had begun to tell that on the night of the shooting he had asked Capt Mills to tell him something of the motive for the deed remarking that S If It were shown that there were extenuating exten-uating circumstances the Captain might be given better accommodations I than Is accorded to ordinary prisoners Judge Powers at once objected vigorously vigor-ously and In forcible language denounced I de-nounced what he termed practice too I common among police officers of offerIng I offer-Ing Inducements to prisoners to lead them to confess and said he wanted I the Chiefs testimony to stop right at that point After the Judge had finished I fin-ished Chief Hilton explained that heat I he-at tho time promised Capt Mills on his I word as an officer and gentleman that whatever he might say would not bo used against him I Assistant County Attorney Gunter was also a witness for the prosecution telling of what he had observed at the police station on the night of the tragedy trag-edy He mentioned a telephone conversation con-versation and Mr Putnam who was examining his associate checked Mr r Gunter remarking that a telephone I conversation was hearsay testimony Judge Powers roused up and said Oh lot it all go in If they want to put on one of their own men let everything go t WIDOW DISPLAYS EMOTION Mrs OMclveney displayed more emotion yesterday than at any time 0irlng the trial and shed tears seVeral seV-eral times during the argument that fpllowed tho conclusion of the testimony testi-mony It seemed as If the great rc presblon she had displayed and the tenslon under which she has been for S Thr pc4 to weeks had reacted when I tho realized that all that could bo dead husband vnIll < < for or I against her and his life was finished and she had allowed her feelings to manifest themselves them-selves for tiLe first time Olclw who declined to be I Mrs OMclveney i interviewed Wednesday night in regard re-gard to her action In following Mrs L Mills and her brother and father from tho cltv and county building stated yesterday that the Idea that she was S following Mrs Mills for tho purpose of doing the latter harm was ridiculous S ridicu-lous She said that whllc she went uptown that the oth town on the same streets S ers followed she was not pursuing Mrs Mills and made no effort to overtake over-take the party Despite thin statement S of Mrs OMelveney It still remains a peculiar fact that she went two blocks out of her way on her journey to the hotel and acted In an unusual manner man-ner at several times during the trip CALLED IT A PLAY FOR EFFECT She stated yesterday that she beE be-E loved 1 iw placing of Capt Mills at all < a-ll tance from her In tho courtroom wan merely a play for effect on the part of the defense Capt Mills did not occupy occu-py HI accustomed meat yesterday during dur-ing thj trial but again sat clown at a distance from Mm I OMelveney During Dur-ing the forenoon Sheriff 1IO1cilis ant k next to Mi OMolvcney I but In the rS nftqriiyon there WfUJ iu ofilccr near o 1 her for any lcruh of time Mrs U5Mel < volley attracted much sympathy by her display of emotion yesterday and many who saw her were profuse in their expressions of appreciation of the great grief she appeared to be suffering Some of the strongest and mout sincere expressions came from people whose Interests are more close ly associated with the defense than with the prosecution THE ARGUMENTS BEGUN When the argument began Capt I Mills moved nearer to Mr Van Cott I and listened closely to all the speaker I said After the court adjourned Capt Mills expressed some little annoyance at a remark attributed to him by Mr Van Colt In his argument As Mr Van Colt recalled the Captains reply l It I was slightly changed from the record on the books of Mr Pike the official reporter Mr Van Cott said that the Captain when asked You think then OMclveney got what he deserved implied I think you put It about right Mr Pikes books showed the reply to have been in effect thaC tho Captain when asked If he felt sorry for thc family of tho dead man but did not remember feeling sorry lor OMelveney answered I think you put it about right Capt Mills said ho did not remember making the statement attributed to him by Mr Van Cott and upon being assured that the error would be pointed out to the jury today expressed himself as satis lied S liedThe The attendance was very heavy during dur-ing the afternoon The spirited examination exam-ination of the experts and Mr Van Cotts energetic argument kept the spectators much interested throughout through-out WHEN MILLS MADE HIS WILL P L Williams Testified Regarding the Captains Condition P L Williams attorney for the Oregon Ore-gon Short Line railroad was placed on the stand when court convened yesterday yes-terday morning Mr Williams stated that he had known the defendant slightly for six or seven years He then told about Mr Mlllss visits to his office numbering as he remembered three in all for the purpose of making his will Mr Williams stated that while there was Nothing about Mr Mlllss appearance to attract attention when defendant first wont Into his office of-fice later during the Interview there were evidences of a distressed slate of mind Witness stated that defendant gave explicit directions regarding the disposal of his property and seemed to be clear In his mind Q Did you notice in any of these Interviews In-terviews any peculiarities or anything about him about his manner of conversation con-versation A No I never had any such thought He seemed to me a wonderfully won-derfully possessed and very rational man Mr Williams called upon the defendant defend-ant shortly after the shooting on October Octo-ber 3rd having been sent for at tho request of Capt Mills While there Capt Mills said to him You would not kick a man when he Is down to which Mr Williams replied Certainly Certain-ly l not I have no disposition to do you tho slightest 1 Injury this Is I a situation that I simply gieally regret Witness testi lied that the manner and appearance of Capl Mills were very different on that occasion from anything he had ever seen In him on I any previous Oceanian und defendant was apparently In an exceedingly nervous ner-vous condition The expression of his I eyes Aas in a sense wild he was very much excited although his manner an suppressed not demonstrative On crossexamination Mr Williams I stated that In making out the will he observed that Capt Mills had omitted his wifes name aa a legatee of the will and called his attention to the matter asking him If that was bin purpose and wish There was an apparent Indisposition Indispo-sition on the part of the defendant to discuss the matter and It became necessary for Mr Williams to ask many questions In order to obtain the I I Information necessary to make out the will During Ihla conversation witness noticed that defendant appeared to be I deeply grieved and wept copiously JAIL EXPERT INSANITY Thomas F Thomas Knows no Such I Word as Fail In Sizing up a Case I I Thomas F Thomas Jr was recalled I for the defense and questioned O4 to his experience wjih hiKnnc patientS I 1 I l I I fr 1i s 4 I v PJ1 j r4 > p1 I CAPT MILLSS CHILDREN The Ono ou the Left is Frederick Aged 5 and the One on the Bight is Bruce Aged 4 From a Photograph Taken About a Month Ago I since having hone to the county jail Judge Powers stating that ho had omitted omit-ted to ask the question on the previous I hearing Witness stated that between fifty and sixty cases had come under I his observation and that he had never made a mistake In his estimation as to I whether a person wan sane or insane when placed In his charge MISS CLARKS TESTIMONY Millss Manner in Cheyenne and After Af-ter Returning to Salt Lake Miss Cora Clark the teacher with whom Capt Mills visited Saturday evening prior to the tragedy was next called for the prosecution Miss Clark substantiated the evidence given by Capt Mills as to his call upon her his I meeting her near the Congregational church the following morning and later taking dinner with her She stated that she noted no peculiarity In Capt Mills but had known him so slightly that she did not feel herself competent to form an opinion as to that Miss I Clark met him first while visiting in Cheyenne She said that while in Cheyenne he was a very quiet man seldom ever speaking to any one at the table but she noticed on the occasions referred to in Salt Lake that he was much more talkative than In Cheyenne Chey-enne VERY UNPLEASANT DUTY What Capt Mills Said to Attorney Gunter After the Shooting Walker T Gunter Assistant County Attorney was the next witness sworn being called by the prosecution Mr Gunter stated that he met Capt Mills at the office of the Chief of Police shortly short-ly after ths tragedy had occurred When Mr Gunter went into he I room Mr Mills was lying down but soon S 1 I S 1 S i 1 x ll S I J j S A S S T as Acct Iii ht 0 0 4N i Yi F IhI f I ttif1fr c r 1 S o f 1 At1i6uiilc rnt t > IL5fOctiJ ike Ihi i 4W J S 5al ttrefl i llieprrtcr I tiwHalndLCl 41fr I OlIIlHoQtv y1 cirdturor f iit Jeccl S S 4 c r IIi I-Ii r Pb L i I I > J I J I snc < 5 tfdwoKM m 4 uVinirr wAfe > I 5 jf 7ii 3 c dfl I f r I 1 n I aroused and commenced pacing about the room A few moments after Mr Guivter entered the room he CZuntcr stood looking out oC the window when Mr Mills came up leaned with his anna in the window and said AIr Clunler that waa a very veiy unpleasant unpleas-ant duty to perform Shortly after several reporters arrived but Mills declined to speak with them AVhlle Mi dun Lei was present Oiilcer Sheeta showed the revolver to Willis and asked him 1C it was his he took it in his hands looked It 1 over anil said hTt looks like mine I guess It Is I Mr Hunter stated that ho hud no pre vioua acquaintance with the defendant defend-ant and did not feel competent to testify I tes-tify as to whether or not the man acted I peculiarly but stated that he appeared i to be cool to him and did not talk incoherently in-coherently I HIS VISIT TO THE HALLS Mrs Riddle Saw Mills Go into the StorageRoom Mrs Susan Riddle who Is proprietor of The Halls then testified as to Mr I Mlllss being at The Halls at about 3 oclock on the afternoon of the shootIng I shoot-Ing that he went Into the storage room through Mrs Riddles apartments apart-ments that sho wan In the apartments whpn he went out but was not conscious con-scious of his going conHoqucntly could not Mate whether or not he had taken anything from bin trunk and carried It with him Mi > Riddle was asked If I she noticed anything unusual or peculiar pecu-liar about lie defendant on tho afternoon I after-noon In question but staled that Khe WillS not well enough aiqualnUd with I defendant to form an opinion She said I he was quite pale hut that his face I was always pallid SHEETSS TALK WITH MILLS I Captain Asked if a Man Had Ever i Been Convicted for Killing Seducer Oflleer George Sheets who saw Capt Mills at the Oregon Short Line building build-ing and later at the office of the blot 1 of Police on the day and evening of the shooting was then called as a witness for the prosecution and responded to I questions us follows Q Did you make any statement to 1 Mills about a rumor as to the motive for his shooting OMelvenoyV A Yes ate 1 told him there was some rumor 1 on the street that he had killed 1 this man over a position that ho OMol veney had turned him down He said It was nqt true made an absolute denial de-nial of It Q Did you show Mills the gun that Is 1 in evidence in this case A Yes sir I handed him the gun and asked him If that was his gun He looked at It and said It looks like mine I think it is isQ Q Was the gun loaded at the time A There were some loaded shells In It Q Did he make any attempt to use it A No sir Q Was there any one to prevent him if i he should have done so Judge Powers objected to this question ques-tion on the ground that It was incompetent incom-petent but the objection was overruled and the witness replied No sir Witness further testllled that Mr Mills had asked him whether a man had ever I boon eonvlcted for killing a man for seducing his wife to which the witness replied he had never heard of a mans being convicted on that ground l ASKED MILLS TO TALK Chief Hilton Urged Him to Make a Statement Chief Hilton who was then called to the stand for the prosecution slated that he was present when Ofliecr Sheets spoke la Capt Mills about his killing OMelveney spoke of the rumor on the street and that Mills had risen from his couch and said that it Avas a mistake there wat nothing In it Chief Hilton then proceeded io tell that he had had a talk with Capt MUH hud told hun that he had learned of his previous good rhararler l and ould like to hliow him uome consideration l under tho clr < umstancoH that he had felt sympathy fOI the defendant that they ilid not feel like dealing with him dlf frrentlj from what they dealt with other persons but told him if ho would make some statement Justify ing his act probably AVC would feel different Chief Hilton was Interrupted In his remarks by Judge Power who said Here Is a clear instance to the court of Avhcre a promise was held out to a man that was charged with crime by the Chief of Police to Induce him to make some statement of the crime who endeaAorcd to wrIng from the man some kind OrL statement or something of that kind 1 Insist that I the COUrt lmn slop that testimony right here JIr Putnam Insisted that it was not the Intention ot the prosecution to bring v out anythIng against the cleCeml ant but wns BCIle Into merely to show the state of the mans mind nt the time and ihe court ruled that under thl n < i hcutJ1Htanccl It wm admlseablo snhi Chief Hilton hem ntritccl that he lied alrl to ftlr < MHI If he would make memo hiatcmeni Justifying his ad that SZivoVlid Iroba > ly fed justified In huInp him 5Otii col1Bldera t Ion Wit nops alno told defendant thai ho wa not compelled to make any statement to him to which defendant replied I am not asking any favors of you am I but later said to the Chief If I I should make a statement to you would I you use it against me to which lie i t met replied hat upon his word of honor us an ofhor nnd a gentleman he would not use the statement against I him As to Avhethcr i or not Capt Mills did confide In the Chief the court and Jury were not informed l I On crobsexamlnatlon Avllness replied re-plied to a question put by 1 Judge Powers Pow-ers that had he succeeded in obtaining a statement from defendant and had been placed upon the witness stand he would not have used the statement as I evidence against the man that he knew it would be unlawful DR HTJGHESS OPINION He Believes That Mills Was Sane at Time of Shooting Dr Samuel Hughes a physician of twenty years practice who stated that ho had had more or less experience experi-ence with Insane patients was then placed upon the stand Aside from having had six months experience In the asylums of England a number of cases have come under his care since his residence In this city Witness had observed defendant on the stand for half an hour or so during his testimony testi-mony muonAt At this point a recess was taken un I til li oclock At the beginning of the afternoon session of court Mr Putnam asked Dr Hughes a hypothetical 1 question similar to the I one which Judge Powers Pow-ers asked Des Givlns and Pike only not so long and In reply to the dIrect I question Taking all these facts doctor doc-tor T will ask you Io I state whether I In your opinion the person described In the quqstion was sane or Insane at the time he lived tho shots which killed OMelveney ald T dont think he was Insane Q I will ask you whether In your opinion he knew right from wrong A Yes sir I believe 1 he lid Q I will ask you whether at that time In your opinion he was able to control himself had control of his will 7 A Yes J believe he did 1 Q And was able to direct his aetlons In accordance therewith A Yes sir PIRMJN TITS BKLJISR Ou crossoxamiimllon AVltness stated that ho hadxpreviously read lie I question ques-tion propounded to him by Air Putnam Put-nam and that he had been summoned as a Avitness two or three days before reading It Judge Powers asked him If he had read It more than once and when answered In tho afllrmatlAc asked If he based his opinion on that alone to which Dr Hughes replied that he might object to hanging a man on any grounds When pressed further fur-ther Dr Hughes replied that if the case hung on his opinion he would have to say yes Judge Powers asked witness If he had taken Into consideration consider-ation that for months previous lo the tragedy defendant had been suffering from posttyphoid mental aimeiiat nand n-and taking that Into consideration would It modify his opinion to which witness replied that It would not in the slightest Witness AVOS then asked If he considered that Capt Mills was well mentally last summer and replied that It would depend on what was meant by well mentally Judge Judge Powers then asked AVltness If Insantly was not indicative of some brain dinleulty lo which Avitnew responded re-sponded Do you mean an organic I I hraln fllflleully fo this Judge Powers Pow-ers retorted that he did not have to loll him Avhcther he meant organic or not and asked him if ho Avas not rather technical but Dr Hughes said that theie could be Insanity without any apparent physical disease of the brain Several questions Averc put to the Avltncsa I and ViC answered to the apparent ap-parent dissatisfaction of the attorney questioning him and finally Judge I Powers said Are you giving evidence to convict this man but the witness replied that he was not Witness stated stat-ed that he did not believe Capt Mills AYas suffering from melancholia at the time he came home from Honolulu despite de-spite the sworn statements of wit ncsspH Finally Judge Powers said to witness that he seemed very fearful of stating anything that might help the defendant and asked if he was an employed em-ployed expert When Dr Hughes replied re-plied in the affirmative Judge Powers said That Is all I SANE BUT JUSTIFIED Opinion of Dr King Who Testified as an Export Dr J C E King was also called jis an I expert on Insanity He too had read II the hypothetical questions and those I in attendance were spared hearing it u again Dr King like Dr Hughes ex I pressed the belief that the act of killing kill-ing OMclveney was the act of a sane man under provocation perhaps Heal He-al o testified that he thought defend ant at the lima of time shooting was capable of distinguishing between right and wrong that he was able to control himself in accordance with his knovl edge of right and Avrong On crossexamination Dr King stated that an attack of typhoid fever wealcened lie mental as Avcll as the physical organs and that the mental strength returned more slowly than le physical He testllled further that on the day of the shooting he did not consider con-sider that defendant was up to the standard either mentally or physically On redirect examination witness slated that Mr Millss act in shooting OMelveney was the act of a sano man but was justified Dr Kings testimony closed the evidence evi-dence MR VAN COTTS ARGUMENT Attorney for Prosecution Addresses the Jury Assistant County Attorney Van Cott made the opening argument for the prosecution and said In part The prosecution l has proved beyond tho very shadow of Il doubt that the defendant killed John C OMelvoncjs SOS tho case resolves Itself Into this Vus the defendant justified l If he were justified he of course Is entitled to an acquittal If he were insane he does not come Aithln the pane of the criminal law and is I to be pitied rather than condemned for the act which he has committed Mr Van Colt then gave In detail the facts surrounding the killing of OMel venoy that is j the circumstances surrounding sur-rounding the tragedy at the Oregon Short Line building and events Immediately Imme-diately succeeding He took up the pad which was found on the desk of OMelveney after his death torn by a pen and asked what It showed lOll shows that he was doing his work and although Mr Vnu Km ii had previously 1 pre-viously spoken to the defendant John OMolvenoy made no demonsration AYhatever showed no signs of fear look no steps whatever to protect himself antI what does that Indicate It Indicates Indi-cates that John C OMelveney was guiltless of any wrong n lid disproves the conversation Avhlch defendant claims took place at LImo Eagle gate Mr Van Colt then slated to the jury that I the defendant must first show that Laura J Mills was his wife and second that she had been actually defiled de-filed by the deceased John C1 OMel VOIle He argued that had OMclveney been charged with adultery the I testimony testi-mony of Mrs Mills would not have been admitted in evidence for the reason rea-son that she was an accomplice and asked If l the unsworn statement of Mrs Mills forced from her by an enraged husband without any crobsexamlna tlon as to its truthfulness could blast the home of OMelveney and stamp him as an adulterer Mr Van Colt said if thai were to proAall It would trample down all the rules of evidence and would bo an outrage to Justice QUESTION OF DEFILEMENT Continuing he said She has not appeared In the court gone upon he stand and testified thai actual defilement defile-ment has occurred 1 say that not a single scintilla of evidence that has been given on the Avllnessstand has proved an actual defilement of this Avonmn Mr i Van Colt then recalled the facts of Mi Mlllss visit to the hospital hos-pital and said Think how many lives AVC re hanging upon the lips of that woman at that lime No matter whom she had said it would have been certain death to that man Suppose she had breathed the name of the physician phy-sician why gentlemen of the Jury he would never have lived to have told the tale Is not life which God alone can give aa sacred as virtue Humiliate Humil-iate that woman She ought to have been compelled to go upon this stand and prove that the defilement which they are trying to justify under this statute did actually take place Mr Van Colt admitted that the previous character of the defendant was without with-out a blemlfih but argued that his training his surroundings should have made him better able to control himself him-self than the ordinary mortal Mr Van Colt then proceeded to state that the deed was not committed in the heal of passion that two and one half hours elapsed from the time of Millss learning the name of the alleged al-leged defller of his wife and the time the deed was committed that he deliberately de-liberately went about accomplishing the deed for which he IB now being tried and said If that was Insanity It waR the Insanity which characterized loo many of the crimes of today Inclosing In-closing Mr Van Colt sneeringly said that if Mrs Mills had any conscience it must have been as small as a pin because it took more than a year for the fact that she had been betrayed by OMelveney to soak in and also took a long time for her to realle her husbands kindness I to her Ho said too that had OMelveney been guilty of the crime charged airs Mills would hardlv haAc gone to his house as a guest upon her return from Honolulu FUNERAL OF WILLIAM STONE Miner Who Avas Injured in Washington Washing-ton Mine to be Buried Today Funeral I services of William I I I Stone who died at SI Marks hospital on Wednesday last from the effects of injurIes In-juries sustained by failing down tho shaft of the Washington mine at Frloco Avlll be held at 1030 this morning morn-ing at Evanss undertaking parlors Slaughtering Elk A letter received In this city from Routt county Colo yesterday states that a gang of white men arc engaged in slaughtering elk by the wholesale and carrying of their carcasses in four horse wagons The greatest slaughter Is reported at Temple canyon This Is In direct violation of the game laws of the State AntiCompulsory VacclnnlJo u Loftfjtic Not Ice A meeting of rltlxcns will be held In time G A H hall at S oclock p m on Saturday January UOth to receive report re-port of the president of the said league and to transact such other business as may come before IU The public is respectfully re-spectfully invited Til OS HULL P rest C S BOOTH Secy |