| Show r KING MAKES SENSA SENSATIONAL II ON AL CHARGE IN KAIGHN CASE Defense e enSe in Opening Statement State State- State State- Statement 1 ment ment Declares Haynes Attempted to Assault Miss Coates an Au Aunt t 0 of Young Kaighn ai n a aa at latter's a crTs Home BULLETIN I y r Judge ICing in his opening opening- statement statement state te ment for the defense In the l Kaighn murder caso this afternoon brought out the story of an m attempted assault pLy by i hy Haynes on Nies Mis Jennie Coates f an m aunt of Kaighn in the effort to toI I f show that this preyed on the mind of oft t young Kaighn to such an nn extent that he killed Haynes The alleged assault according to Judge Kings King's statement occurred inthe In Inthe the Kaighn home on the night of November 25 1901 the the- night before the killing Young Kaighn hearing the struggle went to his aunts aunt's assistance assistance as as- rr but she had already suc- suc in beating off oft her assailant Young Kaighn's mind Judge King claimed was affected by the US use uso of absinthe cocaine cocain cigarettes etc and end Inflamed by the assault on his aunt he be sought the life of Haynes while temporarily insane went to the hotel and told R Haynes ho he must apologize to Miss Contes nu and Col Kaighn Haynes ref ref re- re f jiu trued f ed made a motion as CIS if to draw a n pis pistol to and young Kaighn shot im fm k The State has rested its case In the I trial o of nO Roy Hoy Kaighn chal charged ed with tru th- murder of S S. S Haynes At 10 10 i o'clock this morning Dish lot Attorney In behalf behalf o of the State Slate Informed In Informed In- In formed the tho court that ou owing Ing to the absence ab- ab sence from the State of two of If the witnesses witnesses wit wit- nesses the ca case e would rest Its case se Hempel Is Recalled From the examination of the wit wit- this morning It Is clear that the defense will try to prove ove that Kaighn is iR a dope fiend and that he was vas under under un- un der iler the Influence of ot rome ome strong narcotic narcotic nar nar- cotic and amI not In hl his right light mind when lie Jle tired the fatal shot hot Judge Jude Brown Drown who 1 Is conducting the examination o of the witnesses t-I t eyes S for the Defense has 8 aa witness itne s examined ex- ex ex examined as to th tit defendants defendant's fl at t the time of his tl arrest t. t Hempel Is Recalled At the opening or of court this morning mornIng morn- morn Ing ng District DI Attorney Elf Eichnor recalled Sergi- Sergi Hempfl who l was examined d ye yes yes- tenIa The bottle of alcohol which It Js is alleged Kal hn carried In his pocket nt ot the time o of his arrest arret was Introduced as nf evidence e and identified b by Hempel Senator Brown for or th tha defense then ihen took the witness s. s and of after err asking him humn several se Questions as to tn the contents of he bottle excused him E C Penrose the reporter for tho the Deseret Deser t News who was waR on the stand stanl when hen the court adjourned yesterday f afternoon wa was the next witness cail called d. d Penrose on the Stand f r I Penrose told of or his Interview with the he prisoner the da day following the shoot shot ing He says says- S 'S during the course of their r conversation atlon Kal Kaighn hn Inquired as to tn pl condition and that he hp In- In fo med him that Haynes's Hayness chances for recovery recover were about one In ten to which the prisoner replied d that he waston was ton Lorry T r Penrose says he asked Kaighn If he bad been lIeen drinking alcohol Just prior to the shooting of Haynos HayneR and that Kal Kaighn hn replied rel that h he had been heen drinking MinkIn drinkIng drink drink- In Ing every ery old thing Penrose says that the prisoner r admitted tn to him that he hc was In th the habit of taking cocaine diluted di di- di with alcohol Senator Arthur Brown exam cross-exam- ned the witness for th the defense Hilton Is a a. Witness Thomas Thomal II IL Hilton who was waR Chief Chic of or Police Pollee at nt the tho time lime o of the shooting was th the next witness called DIM District A Attorney At- At t- t torney a asked kerl Hilton to toll toil 11 his COt conversation with the defendant efen ant on the day of or Kaighn's arrest The counsel for th the defense e offered an objection to the ithe witness answering the question on the ground the it was wal an 1111 Involuntary statement but the court overruled the objection t f Ex Chief Hilton said that thai nn on time the day clay of of- the shooting h he had hall the following conw conversation with Examination of Kaighn t Arc Are you OU the boy who hot that man man flan L Yes Ye I a am m. m t f What t did it you OU do for Cor I my business t What Is the tho mans man's name What hat do tin you care are You wouldn't know If I told you ou Is Jg the man dead I I hope mope Its It's I so a a. grudge owe him Arc Are you sorry fOrTU No 10 the got Just what he deserved Was Vas Hungry as HAfter HAfter HI H- H After the Uie above conversation said saidI I Ir Hilton Kaighn asked me If I had anything to eat around there I re- re marked re-marked to him that he certainly did dirt not steel like Ilke eating catino T. T To which he replied rC 1 Yes Ives I T do rIo I uThe u am as aR hungry as aH The defense defence e did not ro c-ro examine cross tI the witness and at the conclusion of or Hil IIII- tor tons ton's s testimony Mr 11 Eichnor on behalf of the pro prosecution stated to the court that In view of th the fact tet that two witnesses wit wit- tH nesses who testified at the preliminary hearing are abs absent nt from Crom the State and their testimony I la Is only corroborative the State would rest lest Its case case Defense Enters Objection The counsel for the defense objected to the States State's closing the case without examining these witnesses and made a motion to the effect that the State be not allowed to rest Its Us case until the these e had either cither been produced In court or their depo depositions rend read Judge M Morse took tool the tho matter under nd advisement t. t Judge King for or the defense Informed the court that they were not prepared to proceed with the cal case e. e owing to the absence of several fe of or their witnesses cg find and Judge Morse ordered that 1 a recess 8 the be taken until 2 Z o'clock this aft afternoon moon Plough on the Stand i The rhe first witness examined at the afternoon afternoon af- af yesterday was It H. E E. I on p page 6 l l. l Kaighn a Dope aDope Fiend Continued from Page Pasc 1 Plough a n. friend of the deceased Mr Plough was called by the State SlatE mere merely to show that Haynes had been alive and andIn andIn andin In good health Just prior to the shoot shoot- In ing S Dr Dl T E E. F. F Hoot Root who vim attended Haynes Hanes up Ul to the time tinie of or his death ex explained ex- ex the nature of the wound which resulted in Haynes's Hayness death and also what operations had been performed Inthe in inthe inthe the hope of or ting saving the mans man's life Revolver Is Traced William P. P Fowler Fowier a n clerk In the employ employ em em- ploy of oC the Salt Lake Hardware compan company com corn pan pany was the JI next witness called In telling his story to the court M. M Fowler Fowler Fow Fow- ler her said that a short time before the tragedy occurred Kaighn hn entered the store and asked to be shown hown some Iome re re- re Fowler says fays as a's that he first showed the thc defendant a 44 Colts Colt's revolver re which Kaighn said ald was too large to suit his purpose e. e The witness witness witness wit wit- ness said ald that he then showed shoved d Kaighn a caliber Smith and Ve Wesson on which Kaighn objected to on the ground that It t was too expensive c Mr Fowler stated that hat the third gun which he lie offered was vas an inferior make CS 8 which Kaighn purchased Fowler declared declared de de- de- de dared he then sold rold Kaighn a box of or cartridges eR anti and at the purchasers purchaser's rc- rc quest loaded the gun un for him Hotel Mans Man's Story Harry Burton clerk of the Knutsford hotel said Bald that about 1 I o'clock on the afternoon of oC November 26 6 1901 Kaighn 1 hn had lad approached him and ond asked where he le could find Haynes Hancs Mr Ir Burton said that Haynes lIanes was sitting In the lobb lobby and that he pointed him out to the de- de The witness said that a short hort time ime before the shooting he had noticed Kal Kaighn hn and Ha lIanes sitting on a settee in the south end corner of or the lobby engaged In an earnest conversation but buttram from tram appearances the they were not S Story of the Tragedy Mrs Mas Maggie le Hemphill the next net witness witness wit wit- ness nels to testify stated that she shea a was va the steno stenographer apher at the hotel and was sitting sitting sitting sit sit- ting at nt her desk only a few steps from the tho settee eltee on which Kaighn and nes were seated on the afternoon of oC the shooting She said that she had heard no loud talking or any unusual remarks And that her attention was In Inno Inno inno no way attracted b by the two to men Until until until un un- til after arter the fatal fatai shot had been fired She n asserted that Immediately after aCter the shot wa was fired she glanced In that di direction direction dl di- and saw sav Haynes emerge e from froma a cloud of smoke and take another scat seat seaton on the opposite lt side of the lobb lobby hn she said was as sitting on the settee still holding the revolver How Kaighn Was Arrested Police Pollee Set Sergeant Sei-geant Hempel who placed under arrest and who was as the first police pollee officer on the cene scene after the shooting said 1111 that as he entered the hotel young oun Kaighn hn walked up to I him and said Hello Hempel I am amour your our our man Hempel says sas that on the way to the station he asked Kaighn hn several questions questions questions ques ques- ns os to the causes leading up to the tra tragedy ed but that the prisoner refused to answer ant his questions I When examined cross-examined by the defense Hempel admitted that he believed belle that the defendant was under the influence of oC some strong stron narcotic when arrested He lIe said that he hc had found a n bottle of pure alcohol In pocket and that the defendant had taken a large larse drink of oC the intoxicant Expected to Bo Be Hanged Policeman Emil Johnson the next witness said that Hempel had placed in his char charge e upon the arrival of oC the tue patrol wagon walon at the station He said that Kaighn had told him that he he hel supposed he would hang for foi what liei hel had done but that he didn't care cat as IlS long Ions as he had gotten even with Haynes On Johnson al also o said that he thou thought ht that was sas under uner the influence of or hop Ed Penrose police pollee reporter for the Deseret News was the last witness examined examined ex ex- yesterday Penrose c told of or a conversation con he had overheard between Chief Hilton and the prisoner at the station Penrose declared said he hop hoped d he lie had killed Haynes and that h he lie had been laying for Hanes for two years ea rs S |