Show MRS MILLS NOT TO TESTIFY Offered as a Witness to Prosecution and Declined At the close of Dr Glvlnss testimony t testi-mony Judge Powers arose and addressed ad-dressed the court as follows If your Honor please section 0011 of the Revised Statutes of this Slale provides pro-vides Except wllh tile consent of both or in case of criminal violence upon one by the oIlier neither husband nor wife shall bo a competent witness for or against the other In a criminal action or proceeding to which one 01 both shall be parlies In J this case the wife of Capl Mills Mrs Laura Mills we do nol deem necessary to place upon the stand or compel her to tell the story but we do feel thai In fairness lo tim State we should waive objections objec-tions ami Capl Mills does now waive through me his counsel She Is at present in the ofllce of the Sheriff of this county in this building subject to the order and conlrol of Ibis court and if her testimony Is desired by the State she Is I willing to testify and we the defense de-fense consent that she may be examined ex-amined upon the leading questions and crossquestioned ns the Slate may desire de-sire We waive our privilege bore as a husband and consent lint she may be subpoenaed If the Slate desires and will pioduec her at any time that they wish i j Mr Putnam staled that he sawno occasion for examining her in order to prove Insanity but said the defense had not proved the defilement and it might ho necessary to call Mrs Mills on that account |