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Show KISSES FIGURE IH EVIDENCE AT WiLLARD TIL Witnesses Continue Testimony Testi-mony Concerning Conduct of Slayer's Wife and Cecil Holmes. AUTOMOBILE RIDES ALSO DETAILED Unless Tragedy Is Directly Connected With Alleged Misconduct, Recitals May Be Excluded. Kisses, surreptitiously taken, were told of yesterday in the "VVillard murder trial. The osculatory reports reached the ears of the jury on the fourth day of evidence taking as to the alleged relations of Mrs. Willard and Cecil Holmes. Imminent in the trial is the hour when Willard must tell . the jury, in the hearing of his wife, the reason why he killed Holmes at Bingham June 13. Yesterday afternoon was added to the over-Sunday respite, through adjournment adjourn-ment of court at 12 o'clock. Only an unforeseen development of the case will prevent Willard rrom taking the witness stand in an effort to convince the jury that justification should rest with him in the killing of Holmes and not with the state In charging him with murder mur-der in the first degree. Upon the testimony of Willard may depend de-pend the final ruling of the court on the state's motion to strike already submitted submit-ted evidence as to the conduct of Mrs. Willard and Cecil Holmes. Repeatedly objected to on the ground of remoteness, the evidence so far has been allowed to go before the jury and Into the record only on the condition, stated by the court, that it will be stricken unless un-less connected up with vital significance to circumstances immediately Incident to the killing. Whether the wife will be permitted to tell her story from the witness stand is optional with the defense. To the evidence calculated to prove that Mrs. Willard and Holmes were infatuated in-fatuated the defense added yesterday the testimony of two wltnessess as to kisses given and returned and a telephone conversation con-versation between Holmes at a rooming house in this city and a woman on the other end of the line whom he addressed as "Beth." Mrs. Wiliard's name ie Elizabeth Eliza-beth and she Is called "Beth" by her friends. Quin by Stewart, manager of the Lincoln Lin-coln garage, testified that Mrs. Willard took her husband's automobile from the Lincoln garage about 7:30 o'clock one evening eve-ning and returned in company with Holmes at about 12 o'clock. He said t ha t he saw Holmes draw her to him before they got out of the ?ar and that they appeared to be kissing. Fails in Identification. The witness failed, however, to identify positively Mrs. Willard as she sat before him In the courtroom. When she was pointed out to him he said that she resembled re-sembled very much the woman he had known as Mrs. Willard and who took the car from the garage. Clarence H. Mc Whinney, a chauffeur, testified that last June lie was hired by a man, whom he did not then know, for a drive up City Creek canyon and around the Wasatch boulevard and that Mrs. Willard got into the automobile at the Eagle Gate apartments on State street. He testified that he saw the man kiss Mrs. Willard during the drive, but admitted ad-mitted that he learned afterward that he waa Holmes, from describing him to Willard. Wil-lard. Mrs. Willard- was living at the time of the tragedy at the home of her parents, Mr. and Mrs. J. Golden Kimball, in this city. - Mrs. Hubert H. Lay ton, employed at the Kimball residence at the time as a seamstress, testified that when word of the shooting was first received, before be-fore the death of Holmes had been reported. re-ported. Mrs. Willard said "If be dies I want to die, too." ,. After leaving the courtroom Mrs. Willard Wil-lard was heard to deny emphatically that she had ever taken a drive in City Creek canyon with any man last June. She r.lso told of intention to sue for a divorce once the trial of Willard lias been completed. com-pleted. Samuel H. Frey. proprietor of the Roy hotel. 2-l9J,ii youth State street, told of the conversant ion between J Mines and Home woman who culled him to the telephone. tele-phone. Mr. Frey said that lie heard Holmes call her "BeUi" from where he sot in a chair, the back of which was against the telephone booth. Frey Under Examination. "You were proprietor of the Roy hotel last March?" asked Attorney D. N. St rati p. counsel for the defense. "Yes." "Did you know Cecil Holmes?" "Yes." "When did he stop at your place?" "March i." "Do vou know when he left?" 'April I." ' t'o vou know his sister, Will Holmes?" Yes." "Did she st up at your pla-e, too?" "Yes." "What room did Holmes have?" "Number five." "WhiU room did Miss Holmes haeV" "Number seven, one nieiit." Wo vou know Mrs. Willard?" "NO." "Do you remember the n it; h t Yili Holm? siorped at your pla'-e'.'" "Yes." ' When was tha ; ?" ".Mut'.-li 30." "jo yuu remember a fun versa lion ovei tiif tlf-phone wltii 1 folmes?" -Y"s." "Was he i ailed to I lie telephone f recently?" re-cently?" "ry frer;urnt! ' (Continued on Page Six.) .' W1LLARD ML TAKE STAND FORDEFENSE Witnesses in Murder Trial Continue Testimony Concerning Con-cerning Conduct of Wife of Holmes's Slayer. (Continued from Payo One.) 1 "'Sy a nan or a woman?" 1 "Itv a woman." "I'M vou Inar any of the couvorsa-ttni.V couvorsa-ttni.V "Yes." "What .!M von heir?" Answer Is liarred. I'pon nhjc-'tlnn front the strife's counsel, coun-sel, Attorney Slrnup refrained the ! nest Ion. "11H vou hear him rail the person on the Lflrjiholie I'V nnv name?" "Ves." "U hat did he Pav?" 'lie. snbl Hello llelh.' " Aealu Mslri.-l Attorney Wilson Mr-Cnrthv Mr-Cnrthv nl,eeied. "Of cruise we expect tn show Mrs. Wllltiirt's name was llelh," argued At-t At-t nrne v SI t;i up. "Will von furnish evidence or the Identity Iden-tity of the person on the other end of the telephone?" . inquired Judge J. Louis Ttrown. . "Of course, your honor. ixie cannot bring any one here who ran testify to linviiitf '"'' Mr. Wiilard Uilkina over thin telephone line.". I'pon absence of further objection from (Vie state the rpies-llon rpies-llon was ' permitted. the stenographer icudlnrr II. , "What further did you hear Holmes buy 7" . f tienrrt him iv, 'I will meet you at the eorlie.r of Sclint mm-Johnaon's druf," K,,re heard him say. Tamil Peek. T dnn't eat" for him.' " Attorney Straup explained that f l-den.-e would he presented to show that Wlllarrt wa known by tlio nickname 'Yoti never saw Holmes eomo to the hotel with a woman?" asked Plshlet Attorney McCarthy on cross-examination. "Ills slsler." ".lust his slsler?" "Yes." ( "You never saw this -woman In your life heforc?" pointing to Mrs. Willanl. "No." "Did you hear Mm Invito this woman to the hotel?" "What woman?" "The woman to whom no tvus talking j over the telephone." ! The' witness testified Hut he did not j ' toll Wlllard of the telephone conversation before the tru;'-!'.'. He said ti.rn lie l.ad known Wlllard formerly in h:i.ltUU-U. Iiiaho, but that. .- Old not kno'.v at 11.': time thai he wa s in Trail. "You uevi-r too.: oeiaslon to teli him before the w.-r I :. ?" "No. I r.ih.rd upon him at tl'e j.'ul and told iilm (Mm -'hitu- : ait it at 1 1 L lime." J-'lf testified that Holmes cl.ecaed out on Maivii :;o, hut that he elran-.d his mind arid remained own' another .lay after returning from keeping the aprj'.irit I nen t arrartr-e,! V.v telephone. Ile-itaiiev in Ktvm'i iwr name when she look Die wiine slam! brought A:aniv slr.iup Jinilinly lu the assistance ol .Mrs. l.a"lon. , ., . "You were married yo-terdav? said the attorney, making a .oiiKiuHiiation of the ''''y, !"''' smiled the I. ride, and through the court rlpplc-1 a Irr u'-'h t cr that gave proinl-e of a friendly audience lor the wil IO'l-S. "Wiiar was your name beicre you were married?" questioned the attorney. , "Jane iJur.ley." - i Mrs. Layton Testifies. 1 Mrs. .avion tcstilled that for W weeks hefore the tragedy she was emploved as a se.misi ress at Ihe home of Mr. and Mrs. .1. iMIoit Kimball, liarems of l is. Wil-Ittr-I, and tliat lor tin.-" weeks herore the , killing she and .Mrs. Wlllard occupied tin' same hed. She told of hearing Mrs. YViilaid say that she wanted to die also if Holmes should die. when word of his being shot was received; of hearing Mrs. Wiilard and Miss llolincs conversing aliout the photo- j graph that was pet in Hie las.-ei- wim i the liody of Holmes, and of healing Mrs Willanl crv many times the name "Cecil" when she gale way to hysterical grief. On the witless sland Miss Holmes denied that she had told Mrs. Wlllard of the putting of the iihotonraph of Mrs. Willanl in her l.rolher'r; casket. The witness t stilled Ilia! she saw .Mrs. Wiilard and Holmes together twice al noouliine on the Monday and the Tuesday Tues-day preceding ilie tragedy. Si"1 said that thev were on the street both times, once silling on the wall of the Lafayette school grounds on North srate street. She said she did not know Holmes tho first lime and described him to Mrs. Wiliard's molher. asking il it waH Mr. Wiilard whom she had seen, and that Mrs. Kim-hall Kim-hall answered Hint from tile description it must have been Mr. I Primes. "Were you at the Kimball home when the news of the shooting reached there?" asked counsel for the. irefense. "No. sir; I came In afterward." "What time did von return?" "About B:1S." "Hid you hear Mrs. Wiilard say anything any-thing about Holmes at that time?" She "Wanted to Die." "She said. Mf bo dies I want to die. too. ' " "Then did you later hear of Mr. Holmes's death?" "Yes." "What time?" "About 7:3ft." "Did you sleep with Mrs. Wiilard that night'.",' ".N'ot that night." "The next night?" "I do not remember. It might have been several nights following." "Io you remember hearing her call Mr. Holmes?" 'I heard her call 'Cecil' many times." "What was her demeanor?" "Hysterical." "Pld yon hear her say anything about Mr. Holmes?" "Yes." "What did she say?" "Said she loved him and she didn't care who knew it." The witness testified that when Miss Holmes and Mrs. Wiilard were looking at some photographs, one of Mrs. Wiilard was spoken of as the one buried with Holmes. "When did you have tite first conversation con-versation with Mr. Wiilard about this?" asked the district attorney on cross-examination. "A week ago Thursday." "Iid he come to your .place?" "Yes. sir." "And you told 1dm what vou have told the court now?" ."Yes, sir." "Hid you tell it lo any one before?" "Xo one, except Mr. Iayton." Friend of Wiilard. "And your 1ms band is a very near friend of Mr. WHlni-d, a fraternity brother, is lie not?" "I don't know whether lie is a fraternity frater-nity brother or not." "Well, he ia a very close friend?" "Yes, sir." "They were friends at school?" inter- 1 jerted counsel for the defense. j "Yes." j "Vou (1 itl n't want to be a witness in this-.'" continued A ttornev Straup. "N'o." '"But yon came 7" commented the di tri'-t a i tornev. "Vcs." Clarnre ri. AlrW'hinny, the olianffonr wiio teHLified to bavin--; diiven linlmea ami Mrs. Wiilard up City creek and along tlie Wasafrb bonlovrd on a nitfht in .1 une, said tha t he way oallf d here from o'or.ulu by f Hard in order to tes'tily iti the c;ikc. He said that Wiilard sent him trmisportation and was pnylnET his e."jnses at tlio James hotel. When tlie witiu'.ss had been excused from the stand i iie (list rict attnrney req nested tbn t he bp ordered to remain in attendance on the eourl . Counsel for tlie defense said Hint the witness would not asjnin be needed by the defense and that responsibility respon-sibility ol" holding him would rest wilh tlie state. The district attorney acceded to this. McWhlnney had testified that Holmes, or tlie man to the ear who be afterward was tnld wras Holmes, kissed Mr:;. Wil-tn Wil-tn i il wlien in the ear. Location of Kiss. . "Where did that kiss occur?" asked the district attorney?" "Between Fort Douglas and Fifteenth EtiHt street." "You remember .exactly where It occurred?" oc-curred?" "Yes." "That place?" "Yes." "Right where he kissed her" ' "Yes." "Where were '.vou when you looked around the first time?" "In City Creek cany on." ' " W h e re we re you w 1 1 e n yon looked around the second time?" "1 don't remember." "Where were ynu when you looked around the third time?" "I don't remember." "Well, what time was it that you saw hinr kiss her?" "About 8:30 o'clock in the evening, I should say." "Was that the lust time you looked arou nd ?" "Yes." "Well, didn't it be;-in to get inlerestin? when you saw Jicr?" ' Yes." "Vet you didn't turn around any more?" "No." "That is, at the point of highest interest inter-est vou lost Interest?" "Yes." The witness testified that he knew Wiilard, having been a student at flena-Ker's flena-Ker's Business college when Wiilard taught there. He said that he saw him a few days after the drive and from him learned that the man was Holmes, after describing him to Wiilard. He said he airain saw Wiilard in jail. 1 "Hid he tell you at that time that he would want you as a witness?" , The Kissing Incident. "No. I did not know he intended to have me testify until I got his telegram." tele-gram." In telling of the kissing that he saw i in ' the Lincoln garage, Quinby Stewart said that Mrs. Wlllard had called tor heV husband's car and been permitted to takt it out. "Was she alone?" asked counsel for the defense. "She was." "Did she get the car?" "She did." "Was the car returned ?" ! "Yes, about 12 o'clock." "What time was it taken out?" "About 7:30." "Who returned the car?" "Mrs. Wiilard, accompanied by Cecil Holmes." "Y'ou knew Cecil Holmes?" "Mr. Wiilard had introduced him to me on a previous occasion." Stewart explained that he was working under an automobile and that they did not see him when they drove into the garage. "Tell what you saw," said Attorney Strn up. "What I saw surprised me. l,dld not get from beneath the ear when they drove in because I did not have to check their car in. They remained In the car three or four minutes and I could see Holmes's arm around Mrs. Wiilard.' With his other arm he drew her toward him and It looked as though he kissed -her. I made a noise and they jumped out and walked out of the garage." Stewart said he did not tell Wiilard of the occurrence until he saw him in the county Jail. He admitted being a friend 'of Wiliard's and that he had ser-n Wiilard after the incident before the tragedy, but said that he had not told him anything about it. The witness would not say that he recognized rec-ognized Mrs. Wiilard as she sat tn the courtroom, but said that the resemblance was strong. He said that the woman In the car must have been Mrs. Wiilard, because no one else could have furnished the credentials necessary before the car could have been taken out. With regard to most of the testimony d irected at the reputation of Mrs. Wiilard, Wii-lard, there is a question as to whether or not it may be stricken from tlie record. ! it was submitted under the court's ruling ! that it must be connected up with some evidence of action on the part of Holmes land Mrs. "Wiilard, not so remote from the tragedy in point of time and of a nature to prove actual impropriety if it is to remain re-main in the record. In the meantime, it has all been heard by the jury. Interest In-terest in the possible denouement to which the gossip evidence is regarded as a possible prelude is growing intense with the spet-tntors of the proceedings. In the audience are to be seen persons from school girls to college professors, laborers to business men, stenographers to women of fashion, and practically e ery other type of the community. |