Show A great number of witnesses AEE enra EXAMINED the testimony makes out a very bad aase murdock is sentenced at clock aba trial of john L browa for tb murder of big arife was ran manmed med all the both the prest cution defend called up in a body and adoro they were abea required to retire from the court room until called in their order there were fourteen fo arteen for the people nd twenty for the defense mn ann bird was the first witness she had lived in sevier comaty yeara mary E brown the wa my daughter lasi saw her aur en th thursday before the sunday she was killed next her dead at gooseberry Geo seberry creek ia county defendant was my daughters husband abe was married to him on june ath 1880 sha was living at mr ivied ranch when she nas n as killed aay family consisting of two girls and four boys were living there brown WAS living at hit own home in salina her was born on march vine weeke beaure that brown bad not lived at ane ranch but when the child was born he alabed about week about seyon daya becort the killing he was at the ranch she was killed four mile away the reason for mr daughter not living with him was became the doctor had forbid ded her with hira brows came to the ranch mary told him hia bed waa in georgiefe Georgie fl and he gad when a man has a wife he sleep with her bhe said the doctor said he should not do go he aard the man wa a defty s of a b TI ho paddle cance and I 1 mean to paddle my own canoe the child lived only echt weeks aroas examination by mr ferguson brown lived at tb house and slept with his wife until the baby died the child was born march hand she was killed on may sha went to salina once after the baby died and stayed with defendant two or three days aha then came home and remained a short time and then went to the ranch where she was killed they appeared frand ly ap to the time f fsr death agnes bird testified that she lived at gooseberry deceased was my sister last saw her alive at the ranch on mav at half past 3 we were talking when defendant came up at 11 we were all joking he asked her to go and take a with him and they went southeast up the canyon toward the mountain there were no houses above there to air fergason he had been stays ing with my sister that week and the week before they to be very affectionate toward each other christian madsen axt took the stand and said live at saliah am a practices ing physician had been treating defendant before the killing for and had advised him to have no intercourse with lii wife the had been caused by masturbation this was my opinion I 1 pave abia advice because communication of disease was to b feared thia occurred after the birth of the chil dand about three before the killick kil liuK saw tho dead body at her house on tae of may the body was etched out baw m arka of via lenab on the throat on the lega and arma there was an indentation on the bide of the head and discoloration of the throat in my opinion her death was caused by over running boget away from the man and by both combined her death ther was no post examination held death was produced mainly by strings ula tion to mr ferguson I 1 have dona eoma farming and am a carpenter as wall as a dietor it was mucous irritation brown was troubled with ho had no venereal disease his service had been broken down by masturbation the medicine I 1 him was cal culaton to build up hia system the ex running may have been on of the causes of her death brigham casta liya at kalina was living at gooseberry on may mary brown was living at the jack russell rus sell raich ra ich 4 aruea above where I 1 lived at that time brown was at that ranch was beina horn there on the of may I 1 called for two men and we went in search of the body went to browns place looked in tha granary where brown usually slept he was there and I 1 told him we were for hie misling wife I 1 told the two men to eay and watch him and I 1 would go in search of the woman he came out and prepared to e I 1 told him to ride my heavy and slower horse and I 1 would ride my moro rapid horse he made several attempts to fat on my quicker horse but finally got on the heavy horse aa wa went up the canyon we came up to a large rock aale i ed him to show us where he saw her go last than ha pointed direct fact ased him if he had any trouble or row with her and he never answered I 1 then told the to men to go in the easterly direction and I 1 went wat 1 searched tha country but could find no trace of her when I 1 came back asked him gaia when walter bird gave a ebenal he was yards from the rock and I 1 went there juet brown oaf whipping his horse and one of the men after him whan I 1 got up to where walter was saw the body lying on the ground clothes torn blood bad run frum the mouth and nose and other marks of violence corneel Cou neel produced a cli 0 sun bonnet which he identified as iha one he baw on deceased witness proceed to describe the ground around where the body was found in three different there were marks of there bavine been severe ggles tha marka of knees and hands in the mud found measurements of mana tracks corresponded wibb browna shoes and the bealler tracks with those af mary browns marks like a mans hand wre on the throat we carried the body down to the cabin the man who bad been chasing brown was aroun there limping about went after brown myself found my horae about mile away to a thicket took my horse and went back to the cabin Neit morning saw brown coming up out of potato hole went with cuddeback deputy marshal who told brown three times to hold his bands up and to come ont after calling upon him throe times he finally came out we searched him baw two or three slight marks on his throat brown said nothing this time to mr berguson the potato hole aru near my bouse the tracks where the body lay ware fresh it had been raining two or tareo days christen madsen wis recalled and bid visited the place where the body lad lain th lahowin by mr zane wire those with which they bad measured the tracks on the ground were naaska of an elbow found portions of an apron on the spot there was a mark of seminal fluid oa the clothing william heath that on the of may was at my brother place gooseberry aree had been shearing went to gaito to search for john brown went to his place boks woks him up aal then went to search for mary came to where walter bird waived hi hand then brown off and I 1 followed him about quarter of a mile and last E saw of him he was still going saw brown next morning after he wax arrested he started to run first as soon as the alarm was airen never hoard any cry of lynch him to mr zane and my brother were there they went to croas the creek when the signal from berg was given ont brown waived bi hand hollowed and ran OB and I 1 after him depoty marshal tes tiMed that on tuesday he arrived at caflos searched for brown around there went to the potato hole baw a track and I 1 said haa here took the lid eff saw him called him three times and he did not answer I 1 aid if you dont get a move on hear ajun go fiand with that aft tot ap and I 1 told him to throw up ms hands the first I 1 had with bini was at the knight hotel at salina he said to me that hia wife had deceived him he Baid Bhe gave ma I 1 asked him hat kind of disease dise aee and he said the he my god what will my mother aud sister think of this when they hear of it I 1 asked him if he and wife had got into auy dispute and he answered sh badt me mad and I 1 chocked her and a gudaa I 1 choked her a little too lon alter leafing salina he beld me be bouli liae to fo to th graveyard and J said I 1 guess we cant go around thara well he laid 1 I it will ba a lous time before I 1 ee that graveyard nam then on anothy oe casioa on the nay to lelauti he bid any man who would do 1 did hauling IB too soa for hina aguin h caid hu ciure if there be aag a ever batur bally I 1 this deed when he got to stilt lake tie raid he would noon be at bi future horns to mr ferguison be came out of the potato pit be held his hinds up then dropped ahm dont brig cacao held hi arms up dont think he touched him maybe the other bobb had giua bb him dont know lie made au attempt tu luiD himself at knights hotel before ahn bonyi gailion ra ilion he out of the i p raire window walter Birda aidi live at gooseberry am brother of deceased bar budy about or 4 mile south of jack rauch baw marka of sor on the foaad ro aad seamed ta come dawn the hill and were in four or five places aw her alive last on the day of may to mr found they bad been before I 1 the andy and I 1 bad been friends prosecution rested dr B M kugerl ws arraigned on a the charge ut perjury the charge is connected with his in a chae now pending between him and the alia it being alleged thai a portion of hig ivan n th trial at last term of court wax ids and corrupt defendant blead not guilty the case ws BO I 1 for oct adjourned until this morning proceeding at alma murdock the d come forward for amt eLKie tho court you have been found guilty of in the first degree what have you to say aby sentence nut be passed upon you 1 have to aahl never fired the drat ahot and did M firing in belt e to iha of th foert aa tr ahr hill be boath r imprisonment hix honor lm condemnation in B long term B of the too py t ce oi men die by t 16 deadly billdt the ary be caid lia we gad all alie facia in your case a id rendered a verdict T e ot ie ahat you IM i in tl a luri g or natural life the prisoner bacic od took hia baitt othere he leaf m aud wag tin c vav 1 10 li n t ty J i llo WAS t fie jiin T S nil ans oi i lona t fl cam liaa absil na wt to ati by tha defendant waa ar reigned ia my court may last charged with the murder of mary B brown he WAS reminded when asked what hi plea was that his answer should not be used against hm here alter defense objected to farther aas awers from th as to thai bator of the plan and the court sustained the objection deputy recalled juit as wa were coming into town and at the tims defan dant spoke about the hereafter browa said the reason I 1 put my hands op as soon as jou told me was because I 1 wanted you to 1 advised him that when he was in the pen to take up books and read and pet posted on the lawa he eaid he read to mr lead en part of the time ia conversation aad I 1 part of the time the conversation occurred beloro into salt lake city haya taken no especial interest in this ease hare not been overly anxious to set all aba ad missi out of him I 1 to mr zane ever heid out any lu ir hope ef reward lo 10 whon asking him the tiona mra anna brovan maiher ef defendant waa sworn lor the defense rhe that before the hirth of defendant she was troubled prosecution objected oa the ground that at this stage the of thia witness waa wholly irrelevant and im material argued court decided the testimony proposed was altogether too remote and sustained the objection witness went on I 1 had a daughter when 17 or 18 yeara of age who was insane she was braught home and continued to grow worse she talked wild and struck many perma we had to held her it continued two or three it was about a year when she recovered abacut OE fourth of the time she understand what she was doing she is now about 32 yeara old to mr zane I 1 dont know whether ik wa hereditary or not an old aunt who died had aoma kind of insanity ib was a very old woman the daughter is now married asa children hut none seem to have the attack was whan she waa 17 she was mad had been working at manti at a hotel she had a slight attack during her confinement once yes sometimes women get out of their beada at such tims dr 0 E west am a practicing physician licad at saliah a year haya treated defendant it was on the soth of dec 1890 his brother george came and ascribed his ease to me I 1 mails examination of the defendant he had ne venereal disease if was the matter with him it waa lorhea flam iaal from that tine on I 1 observed his actions he would avoid company I 1 will say that I 1 navar said was an insane naan from what I 1 saw and hear ditis any opinion that h at th lima of the killing of his wife enera bad bien times before when he had if insanity at the time the deed waa committed aff was insane his and actions aaa of thic hav eon him tart out lok up at the sky in a sort of daze J way ha looked wild his eyes had an unnatural lustrea expression aa thy have now at tb tim ef hia being told to hold his hands up when be was arrea fd he donld first hold them up and then drop them in a bort of tray and kind each garsea individually castro bad to help him held his hands ap I 1 advised mrs brokx that behany and his bifi luht to lire apart to mr zane graduated at a medi cat school in indiana I 1 did make par nicular study f insanity defendant had melancholia and mania he had symptoms of all ehret delirium is not always a perfect dethronement of reabon witness described the camp tons of each A reek before tho deed was committed defendant buffered with melancholia it is a fact that loss of fluid will cause depression when I 1 talked with him be understood what he said and did bat anier ia an absent sort 61 way he didt around doing fal acts eta alin or abusing people all that seemed abe matter was that he was buffering with tal deprea aien have fien men of great mental sometimes swinging their arms absentminded absent minded man melancholia might be congeni con jeni tal defendant Defex dant was mania it is true that a moral mania interferes with a mana percept eions of right and ha was not buffering from this mania he wa suffering from morbid impulses did not see any tendencies on his to do wrong at the tim I 1 examined him I 1 do not bagliere he knew the dil ference between right and wrung when a kaaa who had committed a horrible and atrocious murder ia a fit of angry passion with the knowledge that the penalty was banging by the neck do yea think it was the of an i insane man him to aak aba officer who might tell him to holdup his hands to boot him 7 I 1 dont think so it d be evidence of u man being a maniac for defendant to himself aa he did in reference to a hereafter li would be a drainage OB his system bhea undergoing der going involuntary it ia a fast that insane persona display exceeding it ia no proof that a man i insane when a crime an act out of the ordinary is no indication that it is done by n insane man Kes direct A man would ba impelled by morbid impulses to do as defan daut baa dona BO far as appears from th t timofay now in miss mary brown I 1 am lister to def am swanty out years old in inter his tima was spent at home up to abo tima be wag married he was particular and had a regular of fixing hix hair etc H seemed t be very fund of dandas and various amusements afterwards hie habits changed ha became unclean and nezle cred his person and drees avoided company aad flaa altogether din erent ho used to talk with people and was very sociable after NoT embar isao all this changed witness described a number of instances when defendant harf nn i very str anely when they were eating together he would exclaim we are all to starve to death another time i he was in the parlor he took up a pic tare and after tt hid forehead auld something then at another tima he oud go out to cut wood then go off back and beera to realist alint ne was doing johnny had a severe attack of the la grippe about lie time of the barlo of the child he got better but deemed to gt wilder over th idea anat we all f inai to starve to tea h be reamed to duink the calamity was gestine nearer to mr daae first observed the phenomena after november B fo vs that he was alright sl right ho knew ireat he xai doing though at times h beamed to be in a deep aoudy a though he WAR 1 hard it often happens that a mn ill brush up bai hair and try to look nite nit e lefor getting married and hata carp leaa att awards but not that way added the witness bia iria was away up the canyon when abs tbs moments of desired solitude oli tude came abon him it might ant atiq him to go out into society |