Show THE GROOK CASE testimony has been heard tase IS SHORT it is 11 mainly to break down DOW corroborative points of tile the prosecution the testimony in the crook case is all in it has been a hard foupht bittle battle and is ia a close coee case defendant has not been connected with the abortive drug and instrument except by the th woman in the case and the defense badly assailed her for truth and veracity drs henty henry and wald waid gave corroborative testimony as to the condition of mrs rachel davis at the time ef cf the alleged abortion they explained the effect of ehg use of the medicine and instrument their best judgment was that thai an abortion had been committed both had waited on mrs davis when so near dath dr tilson testified to conversing with defendant crook about a case CABO at his 1113 house witness went with defend ant to the darkened residence he could not distinguish the features of the patient whom he be examined in his oo OD the doctor said there was no pregnancy ile he denied having given any instructions bow ho to usa the instrument jasper putter said eaid that in june 1896 he carried a message to mrs rachel davis from crook to the effect that if she wanted to see him she should come to his hia home witness asked what defendant wanted or f ar 1 crook ro re plied that sh v ds talf eing too much the mesa message age was delivered sarah jane Loy Lw eleas eless mother of mrs rachel davis said in june 1896 her daughter was at home but for two months or 01 more ebe had been on crooks ran hanoh h at york one day in june crook came and con conversed veried with the daughter outside the house for about halt half an hour after the tao visit rachel took sick she was bedfast for about two weeks witness discovered there had been a miscarriage and showed ano coelus to the officers afterwards the instrument was found near the bed of mrs day cayia 3 out in the orchard mrs martha loser sister of mrs mra davis corroborated in tho the main the testimony of her mother she had called in dr henry city marshal ballard testified to mrs davis being sick and he ha found near her bed a catheter and was shown a foetus by mrs loveless Lovele 33 and a bottle the suppose supposed d evidences of criminality were turned tamed over to deputy sh ariff wilkins Wilk lna hemy ballard was at york when mrs davis davia worked there mr crook was often there and slept in the eaic room as mrs davis davie at first witness and other boys slept in that room but crook told them to sleep in the other room rm deputy sheriff wilkins identified the articles arti clea turned over to him before mer mentioned mrs rachel davis was recalled and identified the instrument and bottle which she eaid crook had given her she further said that defendant had P promised to get her a divorce if ehe ahe submitted to criminal intimacy with him she knew nothing she said of the means of abortion until told of them by defendant she denied telling ethel patten early in the spring how to got get out af trouble tron ble the Irose prosecution cution rested and the defense moved that the court instruct the jury to bring in a verdict of not guilty the curf retired while the motion was argued it was wag denied the defense made a plea of former a acquittal and introduced this morning the record of judge hatchs hatcha court mrs elizabeth gough was the first witness for defense she is a sister of defendant mrs rachel kachel davis had asked her on june 13 t to 0 tell crook to bring some things to her from the ranch john crook defendants son was waa at tho the crook ranch at york in the spring henry ballard was thero there until the ath ot of march when he avent away witness denied that defendant had bad mr ever turned the boys out ou of the acom in which be and rachel kachel davis as testified to by henry ballard on cross examination it was devol davol aped that witness was waa the son eon of 0 a divorced wile of defendant when the latter came to the rauch raach he usually usual y brought his hia present wife with hito him and slept with her misti ethel a nice nica appearing young lady jady of york said that in the esly early spring of 0 1896 1806 rachel davis davia had told her that if any of 0 the girls girla got into trouble to vend them to her the remark was sometime in the last of march about the time of a flood peter winward bad bowed sowed wheat for defendant at the ranch on feb 27 and 28 he had lived in payson for forty 4 live five years and had known mrs rachel bachel davis for twelve years yeara or more he said the reputation of the woman for integrity honesty and veracity in the community was bad he would not believe her under oath on cross examination witness was made to confess that ho he knew tda nothing of her integrity and honesty and he be could remember no person questioning her truthfulness charles demoisy justice of the peace in 1896 said mrs racael davis test ined ditled before him that the catheter was given to her on june 16 1896 by crook c S charles V peery has resided in for sixteen years he is ia one of the jurors he said that mrs davis reputation for honesty integ integrity rity and veracity is ia bad he had known he her r for two years and would not believe her under oath on broses examination he be was able to give names of some who said it was bad dr tilson was recalled for the de den denue and said the general reputation of mrs davis for truth and veracity was bad ile he had known her for about eight sears bears he was able on cross examination to give some few names of people in payson who had talked of the woman timothy gough had known mrs ea chel davis dachi for about twenty years and said her reputation for truth and veracity was bad on cross examination witness said eaid he was a brother in law of defendant but had been divorced from his wife they were still living he ha also gave individuals who had talked of mrs davis davia the defense rested on rebuttal A V ar robinson Robi naon deputy county clerk read the court record on the former hearing of the case in the district court on demurrer thir ended the testimony and angui ments are being heard beard anna may burklea got a decree tor for alimony against andrew berkley allowing her the custody of the children and 1250 alimony the euit did not include divorce but is under a recent act for the tha support of deserted wives |