Show bakes a statement of the case THE OLD LADY DID IT that is the theory of the defendant fen dant s attorneys testimony WEDNESDAY AFTERNOON mads nielsen waa recalled arid identified aba letter written by him to mra dahle at spanish fork the letter was dated oct he baid he bad written this latter before the death of nielsen Nie laen and dated it wrong some one eaid it was the C W was present at Jiel sens when the old man died ue heard mrs van patten tell the doctor that her ancle wag nearly dead irom cholera borbus the doctor made an examination and said BOine else waa the matter he asked if laudanum bad not been used and mrs van patten denied that any was need after the doctor went away airs van patten ask ed witness does the doctor I 1 have briten my uncle any thins to kill him witness replied that ha did not know what the doctor suspected then defendant ancil 1 I gayent given him anything that woud till him cross examination while there mrs nielsen was crying at limes and at other times ahe donld break out into a sudden laugh mrs van patten was also cikins had heard mrs nielsen say to mrs van patten in norwegian it is no need to cry for all men bava to die to the best of witnesses recollection mrs van patten had said when the doctor arrived that her uncle was dying from cholera morbra he did not hear her aay her uncle we a eick with cholera he was positive she used the word dying mrs van patten had stated it that time that she wanted to send for a doctor earlier but mrs nielsen objected the old lady was then in another room testified to being in the saloon buei nees he had defendant outside of his saloon last october he had sold her a bottle of ehrky and a hottie of brandy she said eha wanted it for soran nielsen the eveni ui before he had sold to john nielsen 25 cents worth of liquor on cross examination witness eaid that mrs van patten had asked that the brandy and whisky be charged tc soren nielsen shy said ehe wanted it for mrs nielsen Nie laen H G saw soren nielsen in the of about in gold coin on tho sun day pray iona to his death he with nielsen he met him on that day to pay come money ho had borrowed had to an interpreter intern reter rasmus glawson was aborn in as interpreter ter preter witness was present when soren nielsen died she that day heard a conversation between mr van patten and mrs about a key the old lady had complained that she could not find tha keya mra van patten had taken the keys in a money purse from the hip pocket of deceased URS MARIA NIELSEN was recalled ta correct her ae she meant to say she was 84 yeara old not soren nielsen Nie laen her husband was 86 when he died mra HP barben recalled to tell whether the laudanum bottle wa full or not bhe eaid it was a half ounce bottle and it ana full the defense asked until tomorrow morning before making the statement of the case THURSDAY MORNING i the jury filed into court at rasmus clawson wis called aa inter prefer of letters that had been sent to spanish fork referred to wednesday morning dr recalled the bottle found under pillow contained california brandy 0 W Pe recalled mrs van patten when I 1 was at the house said that ahe wanted to send for a doctor before but that her aunt would not let her arg nielsen Nie laen recalled by the defense got mr Niela ens supper about 7 it consisted of mush and milk cooked it in a little tin got the water myself flour taken from little box I 1 ate gruel maue it out of the same cup that that I 1 ate was very thin been boiling good he ate all hia mush was not thrown ont jn iha ynid never offered rasmus two ago a thousand dollars if be would kill my husband on the ath day ol 01 last june in the presence of 0 W peterson and one erickson did not you take a hatchet and say to your husband you would giva him a of that 1 I never did mr W H king made a statement for the defence to the jury tha testimony of the prosecution had utterly failed to connect defendant with the offense the defendant it would appear bad moved to salt lake a year last october from bingham her gnp hsands were sent to her iroil kingham A grand army man ahu defendant and her husband had had cared for in eick nesa had willed his property bome mining property to her she had lived with her uncle H dpn she was quite youns he was kind to her and nhe had occasionally visited him taking her wi h her the evidence would show i hat in october last mrs van patten her cocle eha rapped at tho door her uncle pot no admitted her and kissed her affecter she retired next morning they talked and it was then ebe asked her uncle for the loan of aad showed her tiie to certain mining property which ehe of affred to edcura the loan the evidence would show that during the day mra of the mice getting among the apples and in the malt pack and said to alre van patten when her husband goes into town remind him about getting some rough on rats that lay mrs van patten accompanied her uncle into town on the way met mads nielsen she was introduced to him they went into a etore and there bought same bugar and eliae other things and some rough on rits they went out and called on soren johnson it appears was in the habit of reading mr nielsen nielsena a lettera to him and be read two they went home mrs nielsen opened rough en Rit put some around the houam abd tbd matter of letting berena have aco vaa talked about and mrs aieleen got angry over it and used borne very bard language ha went into tofu again while he was away mra nielson asked mrs van patten to go and get gome whisky for her mrs van patten demurred and said ehe thought she not to have it idenie would abow that bt th mr and mrs bogli drank he came back and mrs kiel sea asked him if he would have some buah he consented and she beut into the kitchen to get it rady waa prepared and eaten after supper mrs van patten went out for a walk she met a man and asked him where she could get whiskey mrs nielsen bad told her to say abbe wanted the whisky for her little daughter bhe came back banded the whisky to mrs nielsen who told bar that her uncle was sick they pot him to bed and were up till 4 in the morning with him endeavoring to him of his sufferings Buffe rings tha evidence would bow that her uncle directed her to write the letter to dahle and tell him to let her have the and she aaker mads to write the letter as directed by her uncle on wednesday mrs nielsen suggested that she so and get her boms whisky for her and brandy for her uncle ane went and got it gave her uncle the brandy and that mcco unta for the finding of the brandy under his pillow hrs nielsen after that asked mrs to go and get bome laudanum ahe went baw arajs and said here is ten cents et agomo laudanum for yur y ur hunt arr uncle pot worse and iura kept on insi aing on a doctor being sent for it would be that she several times insisted on the doctor being sent for the next morning the doctor was sent for he came and later in the day returned the doctor had asked if any laudanum had been given him mra aard not that she knew of finally he asked to see the bottle mrs nielsen had manifested manifee ted the utmost indifference if not over her husbands sickness and death she nad said in norwegian oh the use of bellyaching belly aching about it weve all got to die sometime I 1 it would ba shown that Mrs Nielsen if any one was guilty was the cause of bis death it would be shown by one olsen and by mr clawton Cla waon that ehe offered money to them if they would kill him if it should be shown that deceased came by his death by laudi num it would be found that he came to his death not by the hand of mrs van patten but by the hand of mrs nielsen c w was the first witness called for the de fenee mr king were you present at one time when mr and arg aieleen were quarreling reline YeB Bir did mrs nielsen then flourish a hatchet and make threats yes air what did sho eay sho raised the hatchet and eaid better look out or yon will get a taste of this oh cross examination witness stated that he did not believe mrs nielsen had been drinking OLE was at Nie leens at one time to pay n 75 nota after tha note had bean pid nielsen went down in the cellar after a pitcher of beer when ahe old man was away mrs nielsen eaid to witness 1 I will give yoa 1000 to kill the old man on examination witness denied being on a drunk with nielsen at the time and denied proposing to the old lady to insult one of her daughters he had not etolil bielien about abat the old woman said because he had not enuch about it nield THOMPSON had borrowed a great deal of money from soren nielsen he went tr bor row 2000 lie aft on the alb day of october last year baxton ji had visited be enoi to the old mans burial the old lad and be had bome talk ui told her it would coal t to buy a lot ii the the old woman declared that she had ho marey then he will have to remain unburied said the exton well we must yet the old man hurried said she and beut to a drawer md took out a great many bills the bills almost an on cross witness denied tying to sell the burial lot before the id mn was dead but he was not pos etive whether or not it waa on ane name dav that tho fid man had died he would not abear positively that there baia more than 60 in the roll BOESS is an artist who anna a hardware business at ephriam Ep briam he used to read soren letters for him he met him one day in october with mra van patten mr nielsen had asked him to read a letter the defense coald not get in evidence what the letters contained or what big natures were to them because of the abjections of the prosecution which the court sustained he was present when the old man was dying Al raVan patten waa crying and the old lady mrs nielsen aid in her own language you need not cry for better men than he have died he had also heard ler tell C W peter tan and others in mrs Nie loens presence that ehe cars van patten wanted to send for a doctor but mrs nisi 1 sen objected the old lady said he had been sick often that way before oa creag examination witness abid mrs van patten told this in a loud voice so every one in the roohi could hear her ada daughter of defendant was next culled she had lived in Bingha oa and last year the family moy ed to salt lake they were living in the city when mrs Van Fatten went to ephraim she said her mother only intended to stay away three days this latter testimony waa ordered stricken out upon objection made by the prosecution the defense also wanted her to tell it her mother had any money when she returned home the objection of the prosecution to the question waa ed NEW SUITS FILED R 8 hilee baa commenced a euit 0 foreclosure luke cook and louisa cook on two notes secured by a mortgage MJ raleigh has commenced suit A J stewart St ewait et al on a note for secured by a mortgage mr a A kibb argued in behalf of his lor a new trial in the dava part case the motion was denied |