Show j MILLS9S STORY NOT SHAKEN > Defendant on the Stand Nearly All Day Under Un-der CrossExaminationExpert Testimony I Testi-mony on Insanity Commenced Verdict Ver-dict Not Likely Before Friday I I Capt J1 J Mills on trial for the killIng kill-Ing of T C OMelveneyv was on the witness stand under a searching cross oxamlnklion by County Attorney Putnam th Put-nam for almost four and 0 hall hours r of the five hours session of the court yesterday and when the defendant left the stand his case had not been weakened weak-ened Capt Mills stool the trying ordeal remarkably well and appeared much more at ease than on Monday Scarcely n new point was brought out and Mr Putnam failed to make the I defendant contradict himself although many of the leading questionsvoro several sev-eral times repeated at Intervals QUALIFIED HIS ANSWERS The Captain hesitated before replying to n great many of the questions evidently IM evi-dently for the purpose of reflecting aid giving his best recollection of the I evenls the incidents immediately surrounding sur-rounding the tragedy being so indistinct I 4 indis-tinct In his mind that he almost Invariably In-variably qualified his statements by Baying It was his belief his best recollection recol-lection or something like that Judge Powers attorney for the defense de-fense didnot make a single objection during the forenoon and very few during a dur-ing the afternoon So seldom did lie speak that when his voice was heard I nearly every one In the room started k 1 apparently with the Idea that something some-thing would soon be doing Judge t Powers sat in a restful attitude during t most of the Captains crossexamina tion and kept himself occupied with p 6 cents worth of chewing gum which he had in J his mouth Mrs O OMelvenoy was present all day an usual and for the most part sat quietly paying close attention to all that was said but manifesting no great emotion The defendants sister and I her husband were also present as were Mrs Mlllss father and brother MANY WOMEN PRESENT Although the crossexamination did not being out any important new facts the attendance continued heavy all day and the interest did not seem to be in I any measure abated There was an unusually un-usually large number of women I presenL Among some of the more Interesting replies made by Capt Mills to Mr Put nams questions was the statement of j the defendant that he doubted very much If hp would ever believe any statement that his wife had done wrong unless the accusation came from her nccusaton own lips While he was wandering I about the streets Just before the killIng kill-Ing he said he believed he had some Idea l In his mind that life had lost Its attractiveness that his world had suddenly sud-denly become vacant FELT NO REMORSE i When closely pressed by Mr Putnam as to whether he had felt any regret for having killed OMeheney during the few days immediately following the tragedy Capt Mills said he remembered remem-bered very little about that lime and could not recall aivy feeling of remorse There was he said a certain feelIng of sorrow for the family of the dead man but he did not recollect any feeling of regret for the man himself nor was there anyrrnemory of unfeeling of justification justi-fication for the deed I wag all so hazy I in his mind that he was not positive about any part of It When Mr Putnam Put-nam asked him If It did not seem probable prob-able that the defendant in anger had torn the top off the letter received from his wife asking forgiveness Capt Mills In n voice that was piteous In Its appeal asked Do you think It Is quite fair to ask me to draw those deductions The Captain said that it was possible an Idea l of revenge on OMelvcney had entered his mind but he would not I state positively that such was the case INSANITY EXPERT CALLED After Cfapt Mills had left the sland Dr John AY GIvlns medical superintendent L superin-tendent of the Idaho insane asylum was callod He was asked several questions ques-tions by Judge Powers bearing on the J question of insanity and then Judge Powers read tt him tho hypothetical question which had been prepared by the defense The reading of the question tion consumed nearly forty minutes und extended past the regular time for adjournment I ad-journment Mr Putnam objected to some parts of the question und the objection ob-jection was overruled At the end off of-f the question were several queries for the expert on the stand and Judge Powers had propounded the first of these one asking whether in the opinion opin-ion of Dr Givins Mills when he fired the fatal shot was Insane or sane Ann I An-n was taken before tho reply was given Dr Givins will answer 4 an-swer tho Interrogation the first thing i this morning and also reply to several 4 Other queries appended to the hypothetical hypo-thetical question L HIS CONDITION IN JAIL He will also be asked to testY inS In-S 3 regard to a visit he made to Mills on December 30th At that time the doctor 4 doc-tor found Millss temperature to be 1W and his pulse while lying quietly In his cot 10I He also found dennatography pronounced and the reflexes greatly great-ly exaggerated c Tho document will then be handed to Dr Givins and ho Will go through it pointing out to the Jury the parts of it bearing out tie theory of Insanity The hypothetical question except perhaps In very unimportant unim-portant details conforms strictly with the testimony that has been given In the case and the opinions of Dr Giv ins viewed In the light of his fifteen 11 of experience in handling Insane e tars will no doubt have great weight wi the Jury Dr Givins will C ba followed by Dr W R Pike formerly buperlntendent of the Utah Insane asylum g5 asy-lum at Provo Dr Pike is the other I expert on Insanity who has been summoned U sum-moned by the defense and his testimony 1 Will no doubt be largely along the lines of that given by Dr GIvlns s g1en The defense may call one or two minor witnesses before resting its case e after the experts have concluded their 0 testimony I hafi not yet been decided Is whether the deposition of Gov Stcu ncnbcrg of Idaho will be read The Governor had not arrived In the city Goelor arrcc last nlRht However as no disposition nlHht has been manifested to question the ben character and habits of previous good chnn1cter habis the defendant it Is probable that no other depositions will be presented SHE WILL NOT BE CALLED It was stated positively yesterday I that the defense will not call Mrs Mills raenlc wi but of that The prosecution may do s nothing IB announced mi definitely I Ifi 10thlnE regarded l as probable that the unhappy woman will not bo asked to subject herself wi further humiliation The testimony the defense will probably bo all In by noon today The prosecution will put on some local experts on Insanity in rebuttal after the defense concludes today The J names of the experts to be called were not given out last night Another witness wit-ness to bo called by the prosecution hMm h-Mm cn1ed proprlotoiijof rIm Halls Mrs Riddle pleaded illness as an ex ed cuso for not appearing in response tc a subpoena yesterday but had recovered Lt7f recov-ered durlnc tho nftt rnoori and CmE L 1 In on an attachment She was excused until 11 oclock today I WILL THE WIDOW TESTIFY That Mrs OMcIveny the widow of the deceased will be called in rebuttal la not known definitely She could testify as to the conversation Mills had with herself and her husband at their home on the day of the shooting but this is a rather unimportant point li the case I looks now as If I the case will noL go to the Jury before Friday The testimony testi-mony will scarcely be finished before tonight and the arguments are I expected ex-pected to consume more than a day Judge Powers who has been in ex ticmely poor health ever since tho trial began was not feeling impiovcd last night Ho had C comparatively easy day of it yesterday however and it is probable that with the medical treatment treat-ment he has been receiving he will be ablo to deal with his argument in thecae the-cae in the same careful and skilled manner In which he has conducted tho defense thus far LECTURED FOR EXPECTORATION In accordance with his promise the evening before Judge Norrell delivered deliv-ered himself of n few pointed remarks about expectorating In the courtroom Immediately after opening yesterday morning He said an order of tho court would Tie made making it contempt of court to expectorate on the floor during sessions of the court Ho concluded by saying The attorneys jury witnesses wit-nesses the court and others have to sit here and take the consequences of this action while those committing the act are at liberty to pass out whenever they ceo fit and the court docs not propose pro-pose to have this condition exist here any longer |