Show CROSSEXNATION OF JIIILS Tho Story of His Domestic Trouble Reviewed The crossexamination of Capt Mills was resumed by Mr Putnam on the convening of court yesterday morning The letter written by Mr Mills toO to-O Telycner from Cheyenne referring to OMelveneys refusal to give Mills employment was offered in evidence no objection being made by counsel for the defense Witness was first questioned as to the relations of himself and wife at the time he went Into the army Just previous pre-vious to this they had broken up housekeeping house-keeping and Mrs Mills had gone to her home but defendant said It was merely for a visit and that his domestic relations rela-tions had nothing whatever to do with his entering the service of his country Mr Mills was next questioned about his position in Cheyenne and asked whether or not Mr OMelveney had not obtained it for him but replied that he had no such knowledge The na tare of work required of defendant and tho condition of his health during his stay In Cheyenne was gone Into at length his answers corroborating tho testimony given on the previous day He testified that his h compensation was 150 a month with expenses and at the end Of six months he was to take a civil service examination with a view to holding the position permanently HIS RELATIONS WITH MEAD Q Mr Mead did not object or express ex-press dissatisfaction to the work you were doing A I would not like Q Answer my question A I would have to answer that In my own way I would not like to say yes or no Wo had a conversation I think I broached the subject of my not being able to do quite as good work as I thought myself capable of Mr Mead expressed the opinion that I would soon be able to get myself together again Q He did not express any dissatisfaction dissatis-faction wilh your work then A No sir Q You could have answered my question in the first place then A He was too much a friend to express dissatisfaction Q But after that you had sufilclent confidence in yourself to make confdence an arrangement ar-rangement to go to Reno had you A Yes sir It was to be some months before the position was to bo occupied by myself and I hoped to be able to take it Q About how frequently did you hear from your wife while you were in Cheyenne A About every day Q Did you write to her so frequently frequent-ly as that A Pretty nearly yes sir I HIS WIFES ADMISSION J Defendant was then questioned about his return to Salt Lake his meeting his wife on the street about his being impressed with the Idea that she looked pale but when questioned admitted that he had attributed It to the fact that she had had a long siege or nursing nurs-ing him When he questioned her about it rs Mills < said that she had been lonesome Mrs Mlllss trip to Po catcllo his finding the letter In which she threatened to kill herself his great mental distress and visit to Pocatello ills Interview with his wife In which oho admitted that sho had been unfaithful un-faithful lo him were reviewed Witness testified to having found several sevclnl scraps I oc the letter in which his wife threat ion i-on d to kill herself and while ho had no distinct rocQllcction of iu said It recQIccton all I referred re-ferred to the disposition of her body and effects and u message to her chi drenIT IT SUGGESTED INFIDELITY Q Was anything said In the letter I as to the reason A Not so far as I found except that she did say something some-thing about having clone wrong or something to tbat effect wronS Q The letter immediately suggested to your mind a cause for writing it A It did suggest a cause to my mind Q And that was Infidelity A Yes sir sirThe The defendant was then interrogated ns to his visit to the hospital on thee the-e of finding the letter Ho had very little recollectlpn about tho mat ter and no further evidence was brought out by tho crossexamination than that produced the previous day Ho stated however that Mr Wallaces remarks did not tend lo relieve his onx iety and his thought was that thero was something wrong ONLY FROM HER OWN LIPS I Q Well It was more than a thought wasnt it A I doubt very much if I would ever have been convinced from any Hpa but her own of the truth of It Q You were still very much of the belief that there was something wrong A Yes sir The visit to Pocatello and the interview 1 inter-view with defendants wife were then gone Into at length defendant describing describ-ing his own and his wifes state of t mind and the Incidents connected with I the interview as nearly as he could remember re-member them Asked as to whether his I wife was agitated and alarmed he replied re-plied that she appeared to be grieved I rnther than agitated or alarmed Witness Wit-ness testified that at the time his wife I admitted her infidelity to him he had no suspicions as to whom the man In the ease was and did not suggest any I names to her The return t Salt Lake and Incidents t Immediately subseaucut th rtc as 4 the Iwn iirftj experts > orPike DrStvens I if J X w a r 4 4f J i F jziV I iM I 4v I c Lc I I Nc 1 < I k U I c A1 f 1 r 11 Pik I J UIl t < fci 1 1 Tr uh W 7v Ifl ItJtU fvlianafome Companion S c 4 Jic Powtr tit ti-t 4 ilu X4 JA It 11 I > 7LLJ1 4 tI Sc I I I ittO1flc 1tna 7 i = f of i tn au 1 t1il 4 1i 1 t r r 4 brought out In the direct examination were then gone into including the making ma-king of his will writing the agreement ctc of separation n visit lo the hospital Referring to the letter received from Mrs Mills on the Thursday preceding i the tragedy Mr Putnam said THE APPEAL FOR MERCY Q You staled that you found this letter from your wife on Thursday In what condition was It when you found it as to being torn A I dont remember re-member I dont think It was torn I Q You were feeling ungry ana bitter bit-ter toward your wife at that lime A I believe I belec was Q Did tho letter change your feelings feel-ings with reference to that A I can hardly say Perhaps it H1 Q Is It not possible lit you tore the letter In anger yourself A I have have no such recollection Q Is it not entliely probable that you lore il up in anger A 1 have no such recollection 1 I MILLS MAKES PROTEST I Q Well 1 say under i the circumstances circum-stances you received ityour feelings I j toward your wife at that timeis it I not probable that that was the case A Is It quite fair to ask me to draw J I deductions of that kind 1 1 will slate the faols as I remember them Q You prefer not to answer my question A I cannot answer It I Is not for me lo draw deductions from the facts I In answer to a question Mr Mills I replied that when ho visited Mr Wallace I Wal-lace at the hospital he boriowed 100 from him saying that he did so for his own personal use and had not borrowed bor-rowed It In order to liquidate any debts contracted by his wife Capt Mills had an impression that he was in OMelveneys Office on the I Friday prior to tIm tragedy but that I he was told that Mr OMelveney was I not there Witness however was not very clear as to whether or not he had been at the ofilcc olce The defendant was then quest loned as to how he spent Sunday preceding tho tragedy and replied that he hud met Dr Stubbs at the depot in the morning had gone to church und Sundayschool later had taken dinner with Miss Clark and spent a portion of the afternoon at I her homo had then called upon Joe I Hull and later look the train for Provo EFFORT TO FORGET HIS TROUBLE I At the time Mr I Mill started for Provo he sad he remembered havinr an Impression that ho had determined to go on with his work and try and forget his troubles or at least not have his work affected thereby Cipt Mills J stated that the reason he was quite sure that he went to Provo on Sunday night was that he had talked with some people there and his Impression was that If he had gone Monday morning he would hardly have had time to talk with thorn At this point in the proceedings a recess was taken until 2 oclock Capt Mills again took the stand when court convened In the afternoon He told of his work In Provo or rather his attempt to work but finally concluded con-cluded that he could not keep his mind on the work which he wished to do BO he decided to return to Salt Lake and asked to be relieved of the work in Utah and return to the Cheyenne office IUS FEELING TOWARD HIS WIFE Q Had you any Intention of seeking your wife at this lime A No sir not that I remember Q Had the feeling of indignation and bitterness toward your wife changed in any way A I had found It Impossible to get the idea or Image of my wife out of my mind My fcql lIng l-Ing toward my wife at this time wore very compleX Perhaps they changed many times on the train I dont know I know I thought of her I think the predominant feeling was one of grief at what she had done Was It desire to see Q a a strong sc your children that brought you up here A Possibly it was I cannot say positively Q I am asking you your recollection recollec-tion about it A I do not recollect Q Will you now gfvxfmc your best recollection as to what the reason was A I have answeredyour question as well as I can Q You have told me of several things that I suggested as not being the reason A I have ah 1 do not know I say It now HIS CONFLICT WITHIN Q Was there any desire to go back into the thinS and find out everything that you had not been able to find out that came bock again upon you that Tuesday morning A Perhaps so I cnnt tell I would not say there was I not I did make the determination as I stated but regardless of that I know I I that many battles have been won with I less fore than I put forth on those dijs and lost Mr Mills UHtlned that at the depot I In Provo he had met J 1 Young of the Orio Shcri JL I rf u h bad 1m I lIed him to come to Salt Lake In his private car but as Mr Young a not coming directly to the city MI Mills declined I and came over the Rio Grarlde Western West-ern ernUpon his arrival in the city Mr Mills did not remember anything prior to finding himself In the Kenyon hotel where he was handed a letter from his wife This letter was testified to In the direct examination but witness mind was an absolute blank as to what ho had done with It This was the letter In which Mrs Mills referred to oVing the several amounts of money to various va-rious parties Witness also staCeTl that the letter was written in a penitent tone and tho same regrets as those expressed In a former letter were repealed re-pealed tedTIIOUGI THOUGHTS OF SUICIDE Witness was questioned art to Avhy he had purchased the revolve and why he had carried It He stated that ho remembeied thinking that iftr > r what he had learned he had concluded that the world was not big enough for him self and his wife and he hud thought of taking his own life After deciding not tu I do it at the timo he went upPity up-Pity creek he still continued to carry the revolver because selfdestruction probably had a fascination for him and he continued farrylng1 it He further fur-ther staled that he did not continue to carry i with the thought in mind that he would puniiih any one cls l Mr Mills staled In reply to a question lint while ho could not remember that he ever started out after the lime referred to with tiii deliberate intcntiun of taking his life still time thought had come to him while walking on other occasions EAGLE GATE INTERVIEW Referring to the conversation which look place between defendant and OMelveney at Eagle Gale witness was questioned us follows j Q When he told you that you should not do anything without absolute proof what reply did you make A I think I said What if she tells me herself l Q What reply did he make tol all A Ho looked I thought very much btarllcd and gave mo n look which I had never seen on his face before I cannot describe 11 I think It was ono IOC those looks that comes to a mans face but a few times The Impression that I It I made upon me vas that he knew more than he was tolling me FJdARlSD UK COULD NOT CONTROL HIMSELF I Q You immediately suspected him7 A I did at L that time yos sir Ik piotesled hat it was not so Then I said that if 1 found out limo lie had been Intimate with my wife I believed T could kill him I hau an Impression T cannot put into words that I had a fear that 1 might not be able prevent myself and I perhaps J expressed that CJ Was there any thought In your mind at that time that you would wish to prevent J yourself A think there was for that Is I the Impression that has remained with me and yet those cite lie words as near as they have remained re-mained with me wJh Q After leaving Mr OMclvonoya house why did yon so to the hospital A J I had any fixed intent It was to ask my wife about her relations with this physician referred to by Mr or Mrs OMelvcney Q Was there not a motive beyond A There might have been I dofit know t v Q You say there was no motive that you thought of seeking out this man and punlahlng him if it were true A I will say ibis I would llkp to explain n little bit I v Q I prefer to have you answcn my question first and explain afterward A I decline to answer by yes or no I I think I have a right to explain FAITH IN HER WQltD Q As to your wifes denial of Intimacy I Inti-macy with the physician wjwt impression im-pression did her denial make urn you A I believed her If I Q What caused Ou to believe her ° A I have always believed her I had a reason to believe her Had she been as capable of carrying out alie as some women I would not have believed her Q Did you believe her when she told you OMelveney A Yes air and so would you had you been therp ur Putnam Well I wish you would answer my questions 1 Judge Powers I think that was an nnnwer your Honor Judge Norrell Proceed Mr Eutnam Q ut Old the fact of your conversation with OMelveney that morning cause you to jump to that conclusion A I cannot say that It did Q You would have believed her irre SPCCLIVe ° C that A I hnd always lre lieved her I TKEACH13TIY TO HIS FRIENDSHIP Q Do you remembQr expressing h1M ii dignation rM against < OMelveney I A I think I remember Baying something about this trencher to my friendship or something of that kinds 1 lnc Q Did you heap reproaches upon your wife A I may have done so Q Do you remember any further conversation with your wife A Only as I stated yesterday and I hope I maybe may-be spared from repealing It today Q Do you remember the thought of your children coming to your mind at the hospital A Possibly as the thought is not ever very long absent from my mind FACE TO FACE WITH OMEL VENEY Then witness was questioned as to what occurred from the time he loft the hospital until he found himself face Ito I Ito I-to face with OMolvoncy but as In the direct examination he could not state positively that he remembered anything any-thing He had an Impression of having been at The Halls at the Kenyon hotel In front of the Dooly block in front of the Short Line building and then face to face with his victim He also had a vague impression I of having contemplated vaguC contem-plated suicide at about this time but was suiide of that Then his meeting meet-ing with OMelveney was described the Impression that OMelvemy had turned to him and said l hIt he was I I taking It too hard then the slighting remark made about his wife and then i his memory failed him about every T10r thing until he spoke to Mr Jenkinson l about sending for the Sheriff He remembered re-membered talking with Mr Eccles of tulklnJ meeting the officer and of going to the station but subsequent events to n great extent had been erased from his memory NO nwmor REGRET ON DEAD MANS ACCOUNT AC-COUNT He was questioned as lo whether or le lie had any feelings of remorse at having killed OMelveney any feelIngs feel-Ings of sorrow for the man and his reply was that he had felt grief for the family but tlt impression was that he had felt none for the dead man Asked as to whether the thought of Mr OMelvencyH family came to him before the shooting witness replied I am afraid It did nol Q Did you Imvo any feeling that ho had gotten what he deserved A I dont remember It In that way Q Wheio Is St Marks hospital Mr Mills A I ia I out by the Warm Springs On redirect cxamlnallon Capl Mills 1 staled that on several occasions on his return from Honolulu he was taken reurn with a strong almost overmastering f desire to Jump overboard and had remained re-mained in his cabin n great deal on I that account I |