Show PAYNE HEARiNG OVER Decision in Murder Case to Be Given Saturday WANLESS ACCUSES MAYO Says County Physician Did Not Hold Fair Autopsy Testimony of Dr Odell Corroborates That of Mayo Dispute of Attorneys Attor-neys Over Evidence V Arguments in the preliminary hearing of Dr K S Payne on trial for tho murder mur-der of Anna D 13111 were concluded be foro Judge DIehl yesterday afternoon and the case was takon under advisement advise-ment until Saturday at 2 pm when decision will be rendered The last witness wit-ness for the State was Dr T G Oclcll whole testimony corroborated In most particulars the evidence of Dr II N Mayo CHARGES AGAINST WITNESSES In summing up the case for the defense de-fense Attorney W P Wanless delivered I deliv-ered a severe rebuke to the physicians who he sold were actuated by profession profes-sion prejudice In piosccutlner the case against Dr Payne Ilo especially denounced de-nounced Dr Mayo for conducting what ho claimed was an unfair autopsy and for directing the City Chemist to find If possible traces of chloroform In the stomach or the dead girl This showed he said that the County Physician had formed a theory of the t cause of the girls death and was using every means to substantiate It regardless of tho real truth ASKED FOR DISMISSAL Mr Vanlcss moved for a dismissal of the case on the ground that Insufficient evidence had been Introduced by the State to warrant holding the defendant on the charge of murder In the second dcgroe Ho placed a great deal of stress on the time at which tho operation was alleged to have been performed According I Ac-cording to Dr Mayo and Dr Odell said Mr Wan less the operation which led to I the death of the girl must have taken place tWO hours before at which time accordlnu to witnesses 1 she was on the street apparently In the best of health The attorney sold the evidence was strongly presumptive that Miss 11111 performed per-formed the operation upon hcrpclf and then sought Dr Paynes assistance In relieving her from the pain and distress dis-tress consequent upon her act County Attorney YVostcrvclt denied that the physicians had testified that the operation was performed two hours before be-fore death but Interpreted their testimony = testi-mony to mean that It was not performed more than two hours bofore possibly n much shorter time The disagreement over this point In the record was one of the main reasons of the court for taking tak-ing the case under advisement NOT DONE BY HERSELF Dr Odell testified as to the condition of the body when it was examined by the physicians and Identified a bloodstained blood-stained cloth as thnt taken from the girls body when she was found upon the sofa In Dr Paynes office He said the criminal operation disclosed by the postmortem could not have been performed per-formed by the woman herself but In this Instance could have been done only by a physician skilled In the use of tho proper Instruments Dr O ells opinion as to the result of the autopsy agreed substantially with that previously given by Dr Mayo Ills opinion wan thnt the girl died from cardiac paralysis due to the administering of an anaesthetic presumably pre-sumably chloroform ARGUMENT OF WANLESS The defense moves to dismiss this case said Attorney Wanlcss at tho opening of the afternoon session of court because the evidence Introduced docs not show probable cause sufficient to hold the defendant for trial The complaint attempts to charge that death was caused by poison and by Injuries Inflicted with an Instrument In the hands of the defendant They say death was caused by poison and then they say It was caused by bruises Now it H not sufficient even If they show that death was caused by 1 the administering 1 ad-ministering of a deadly poison or by a deadly assault Unless an Intent to kill can be shown they cannot charge murder mur-der in this case GIRLS PART IN IT The part played by the woman In the affair Is most Important Them is testimony tes-timony to show tint the girl had como to a condition whore she thought she was an object of shame and disgrace and sho was willing to go to any length however extreme to relievo herself from this position She herself was guilty of an offense punishable by 1 Imprisonment in the penitentiary when she performed or consented to have performed this act The rca onu for her act can never bo known The Important fact Is that sho was desperate enough to do anything She dared tho vengeance of God In a vain attempt to conceal her slwmu from men QUESTION OF TIME rime record of the evidence dhows that this girl vuj walking down Main street at 1020 and nl I1SO made a purchase In Auorbachs store on both of these oc cnslona apparently In her usual health At 1230 the officers wore In charge of her body which was cold In death The phy Hlclam said upon the stand that It was their conviction that the operation was performed I I two hours before she was found dead Right there Is whero the case ofthe State will fall down before any jury Because two hours even ono hour before situ was found dead sho was seen upon the street Is It likely that she wns operated upon at 10 oclock went down i upon tho street and then returned at 12 or after to receive an anaesthetic that caused her death What reason would there be for giving an anaesthetic after formed ilio operation had been successfully per TWO HYPOTHESES There are two hypotheses which the defense submits as reasonable In this case The first Is tint the girl soon after I leaving Prof McKays house went to some friend or some physician who per formed tho desired operation and that later she was In distress and sought Dr Paynes office for relief The second Is that she herself performed tho operation upon herself and then went to Dr Payne to remove the effects of her act Ve have the testimony of the physicians physi-cians that In hundreds of cases In this city during tho past year girls In similar Instances have operated upon themselvoH and then gone to the doctors for treatment treat-ment Vhymay It t not have been so In this cODe The question of when did the operation take place J narrows down to whether the girl did It alone or whether It was done In Dr PayneH office If tho case went to the Jury with no other question ques-tion than this the presumption of evidence evi-dence presented would be that Dr Payne Is not guilty of tho crime charged against him MAYO ACCUSED There Is a cause for this prosecution In which the prosecuting officers have no part It came out on the witness stand when Dr Mayo admitted that he drew conclusions aa to the cause of the girls death In part from the reputation or Dr Payne The County Physician has fallen so ow as to testify against a man on trial for his lifelong liberty solely because of his prejudice agalnat him Dr Mayo did not hold a fair autopsy lie did not direct the City Chemist In a proper manner to conduct the Investigation Investiga-tion IIci had one theory from the start and he bent all his efforts to substantiat ing t that theory regardless of truth or Justice He deserves condemnation roma rom-a fairminded people amid his testimony should not be received before any Jury Mr Warless placed much stress upon tho position f and the condition of the cloth found on Miss Hills body He also discussed other phases of the testimony and conluded 1 by again stating that there was not sufficient causo for holding the defendant for trial I WESTERVELTS REMARKS County Attorney Vestcrvelt briefly recited re-cited the facts as brought out In the evi dence and laid stress upon the testimony of the physicians that an operation of the kind revealed In the autopsy could not have been performed by the girl herself He said the conclusion was Inevitable that the operation was performed by Dr Payne as no one else was present In the office at the time He denied that ma Helens Intent was necessary to bo cstao liBhed In a second degree murder and appealed ap-pealed to the court to hold the defendant for trial In view of the conflicting statements of the attorneys regarding the exact nature of the evidence presented the court took the case under advisement as cited above |