Show COURT proceedings remaining Eema ining portion of the murder case ARGUMENTS BY THE ATTORNEYS the testimony by experts mr way in the witness stand he refreshed his memory SATURDAY AFTERNOON court resumed session at 2 saturday afternoon testimony in the mcfarlane case was resumed dr W IL I 1 reside at ephraim I 1 am a physician I 1 am a graduate from a medical college in germany I 1 have twenty years practice in medicine luiere is a disease known as alcoholism 1 con ither according to the testimony aliat the amount of liquor used by the defendant donld produce alcoholism re is such a disease gnoun as I 1 consider ahe defendant to be a hyp 0 o this disease liaa had the ell acl of enfeebling liis intellect 0 o arx tent as a general rule those thos e from this disease take offense easily the memory would not he much he would to some ext nt lose his idea of right and wrong but not fully this disease tends toward insanity fits of anger might be produced by these excessive uses of alcohol it la characteristic oia to be apprehensive of danger I 1 saw the wound in hansens body from the direction of the shot hansen must have been in an oblique position from the nature of the wound hansen must have been from two to six feet from the muzzle of the gun to mr evans I 1 have known defendant five or six years I 1 dont think lie was ever insane I 1 knew he drank liquor and I 1 it produced hypson nia it had not reached the stage of insanity to the court I 1 have seen him drunk hc appeared more excitable than kotlier drunken men to mr evans I 1 have never seen him in a position when I 1 thought lie could not distinguish right from arony this hyps makes a man irritable one or two drinks might do the same but not to the same extent redirect he was a member of the board of health I 1 had to dismiss him because lie would not keep sober mr evans briefly presented the evidence of the case to witness and asked him if he considered the act of the defendant that of a sane man ans the act would be precipitated but that of a sane man mr then presented the testimony of the case as interpreted by the defense and asked the same question ans it would be hard to determine he might be sane but laboring under a a morbid illusion dr M H hardy I 1 reside in provo lam a graduate of the university of new york I 1 have practiced medeline mede cine for several bearg I 1 am quarantine physician for provo city mr presented to the doctor a statement of the amount of liquor drank by defendant and asked him ifft would produce insanity ana it would impair the judgment and might cause temporary insanity it liht produce fits the result of these epileptic lits would feces impair power not necessarily produce permanent insanity but donld cause a loss of judgment recollection and will power mr evans presented a statement of the case to the doctor and added him if he would consider alie acts of the defendant the acts of an insane man or of a man with a wicked and depraved heart ans such acts may be performed by insane men 1 suppose are some men wicked and depraved chough to commit these acts it appears to be the fact according to history eliat a man may be iowane on one subject and perfectly sane on other subjects the defense rested L S holdaway was called by the prosecution I 1 was in manti at the time of this shooting I 1 started in pursuit of defendant I 1 SAW him in the juil in ephraim on llie second day after the shooting I 1 took him from ephraim to kanii alien I 1 came to him in jail lie wanted to know how affairs were in manti and about I 1 law he enquired concerning the men who had been shot he asked me if I 1 would protect him I 1 told him I 1 wound we started for manti to lodge him in the jail we started a little conversation he told me it was a had case and he was sorry he had done ithe told me he had seen me passing in the night and told me he give up because he was afraid of being lynched he told me he saw me in an officers hoube in manti he thought he saw the sheriff there and he care to give himself up that night he want to fall into the sheriffs hands in talking to him his mind seemed to be clear he broke down when talking about his father and mother he referred to the shooting he said he had got into a dispute over a game of pool and one of the gentlemen bad slapped him the witness referred to a printed report of the interview in the manti jail to refresh his memory the defense objected to the witness refreshing his memory from a newspaper report objection overruled and exception taken mr mcfarlane McF ariane related liow he had fell in with these railroad boys and they had gone to Coolid saloon together he related going to his home for his gun the intention of turning it over to mr coolidge on a debt but mr coolidge would not accept the gun he related to us the story of the shooting fo mr bohnson Toh I 1 was put in deputy sheriff of sanpete county on the night of the shooting I 1 was present while the reporter was speaking to mc adriane we went out together I 1 dont know who went in first the reporter or myself dont know that I 1 saw the door opened but I 1 was waiting for it to be opened I 1 cut that report from a newspaper dont know what paper I 1 cut it from I 1 dont know when I 1 made the clipping mrs mcfarlane McF ariane was called but the defense claimed the right of examining alie witness aa to her qualifications before she testified she stated that she w ia the wife of defendant the defense objected to tier testimony on the ground that she was not a competent witness being the wife of tha defendant the objection was sustained the case was closed his honor stated to the jury that if they desired to attend church on sunday they must do BO in the presence of the bailif ls the killian divorce case was called mrs killian made application for the custody of one of the children A number of lie witnesses were sworn and testified in the case the custody of the child was awarded to the mother court adjourned until monday morning at MONDAY court met at this morning pursuant to adjournment the mcfarlane McF ariane murder case was con tinned mr made the opening speech for the prosecution he was followed by mr johnson for the defense court took a recess until 1 30 ocl ocl p m MONDAY court resumed session at for sentence on a conviction of adultery he was sentenced to imprisonment for siar months in the penitentiary mr johnsoni Johns resumed his in the mcfarlane case arc fur the defense was addressing mry as we went to pres |