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Show . ! l I ! ! . ...... . :. ' "7 7r- r r"7 '-ni-: YTO ' "THTFlTr : -dliM yif ; MS Vliihh Attzrncy, ,Ki:: Outlines . Evilcncc by Which He ; H:res to Acquit His Client en the Grave iCLaiiccf Murder. iAX the opening of court this morning la the trial of Clyde Ellison, charged vlth the murder of A .S. Watson, the courtroom was filled . with, a curious crowd, ' There were more seata occii-Jpied occii-Jpied by Interested listeners than for many a day. The room was fairly crowded. They were looking for something some-thing unusual If not sensational , to be sprung, and they were not disappointed. The attorneys for the defense in this case had not given out the nature of the testimony that they would introduce, intro-duce, and the opening speech to the Jury by Judge King was closely followed fol-lowed by every one present. Judge King made a long speech to the Jury and set forth, completely what the defense de-fense In the case would be. Mrs. Mattie Payne, mother of the defendant, de-fendant, was the only witness called to the stand, at this forenoon's session of court. . ........ ....... Judge King spoke as follows: Watson's Importunities. ' "Before we offer any evidence In this case we want to show what we shall attempt to prove. This boy has been raised in thi3 city and we shall lay his . whole life bare before you and we shall Ehow you that he has always been a boy of character, a peaceful, honest, loving boy and son. . He haa never been arrested, until arrested on the charge for which he is now being held. Insanity in His Family. "It will also be shown to you, from the evidence, that insanity is hereditary heredi-tary in his family, on both his moth-. moth-. .t's and father's side. '.His father was " t?fy susceptible and many of his relatives rela-tives had died in insane asylums. "A few months before the shooting Clj": El'n marrip'l a Ml1 FiTnwin in i.. Is xlti. lie v. ' i tiui ed as a brakeman for. the Oregon Short Line Railway company. He was -al ways a kind and affectionate hustelnd, lovtng his wife to idolatry.. Last August Au-gust they took rooms in the Galena block.-' Tribute Paid to Eliison. "Clyde Ellison was acquainted with Mr. Watson and had been for some time. It was a short time later that Watson importuned Ellison to come and live in his house, Mrs. Watson being East at the time. Watson then saw Mrs. , Ellison, and she finally consented that she and her husband go and live in Mr. Watson's house. "Some tew weeks previous to the shooting they went to live in the house Mr." Ellison was working for . the Salt Lake Street Railway company at the time. It was his custom to get up early to report for work. Ellison's Suspicions Aroused. "One morning as he was leaving he house he -saw the deceased watching him from a window of the house, where he was standing in his night clothes. He thought nothing of the incident at the time, but a few days later he overheard over-heard a conversation. In which Watson addressed Mrs. Ellison In the most endearing en-dearing terms, and Mrs. Ellison ' responded re-sponded In the same manner. "A few mornings later the defendant overslept and was lying in bed with his wife when, sometime between 6 and 7 o'clock in the morning, he was suddenly sudden-ly awakened. v The door had been left slightly ajar In order that he might kear the telephone ring in the hall. He f as lying In bed awake when he saw " deceased come Into the room. The diseased came in and put his foot into the bed, as if to get in; he then saw Clyde and at once darted down to the floor and crept from the room. A few " minutes later Watson returned and knocked upon the door, as if to awaken the defendant. Worried hy the Incident. . -"Clyde arose and went to work, but could not attend to his duty. He stayed out about an hour and then turned in his books and punch and went Immediately Imme-diately to the home of his mother, Mrs. Mattie Payne. He came Into the houo crying, and Id a frenzied state told his mother what had taken place that morning, and also of another occasion. Accusation First Hade. "Clyde saw the deceased that day and accused him of infidelity to his wife, and told him that he must make a confession con-fession to his mother Watson accompanied accom-panied Clyde to the home of his mother. The defendant then narrated everything to his mother in the presence of Watson and Watson confessed to Clyde's mother moth-er that all was true. . Confession Overheard. "There was a woman in the house at the time. She came to the parlor door end Mrs. Payne hastened her away. Che, however, sat in the dining-room, which adjoins the parlor, and heard the conversation In the other room. Soon after Clyde left and that day took his wife back to the Galena block.' Ellison in Hysterics. v "The evidence will show that Clyde Ellison at that time was in a wild, 'excited, frenzied, hysterical condition. On Sunday morning Ellison telephoned Watson that he wanted to meet him 1 and Watson answered, 'All right.' "They met at Mrs. Payne's house in . the presence of Mr. and Mrs. Payne. I- Watson there admitted the, charges to be true. : Mr. Watson requested to peak with Mr. Payne privately and the two left the room. "It you-are not guilty,' 'said Mr. (Continued From Page k.) - Ellison's Mind Upset (Continued from Page 1.) Payne, 'why are you letting this boy drag you about by the nose?' Watson Admits Guilt ,"I am guilty, Watson answered.: - "Clyde then wanted Watson to go to Maud's mother and father and to confess con-fess to them. Watson demurred to the request, and Clyde became excited and ran out of the house and down the street for a policeman. Watson then asked Mr. Payne if there was a back door by which . he could get out. He was let out the back door and crawling through a hole in the fence ran away down the street. "Clyde told Watson at that time that he wanted him to confess to Mr. and Mrs. Sampson and then he never wanted htm-to speak to him again. Clyde did not find an officer and soon returned. He was in a wild and excited ex-cited state and searched the house, looking under the beds and behind the doors, to find Watson. Ellison Afflicted With Tits. "That afternoon Clyde went to the Galena block and there had a fit. His mother was sent for, and they worked over him for a long while to bring him around. He was finally taken to his mother's home and a great part' of the night was spent in getting him quieted in bed. On Monday, Tuesday and up to Friday the defendant was Sick and melancholy; Friday he was wild, excited ex-cited and hysterical,, and told his wife to leave htm, at which, she made a remark re-mark to the effect that Watson would take care of her. Three men were. In charge of the defendant for the next few days, It being feared that he might attempt to commit suicide. ' ... He Had Hallucinations. .; . "He had hallucinations and imagined that he was under arrest; : he would snap his fingers and say he had to report re-port every half-hour. He talked of Maud and his trouble nearly- all the time -and didn't recognise - his friends on the street. "Mr. Watson"; on Wednesday or Thursday went to see Mrs. Payne to importune her to have Clyde leave the State, saying that one -of them would have to leave and that he could not on account of his business. Mrs. Payne said that Clyde would not leave without with-out Maud. Watson spoke, up and-said that Maud wouldn't go. He said he had seen Maud at Smith's drug store that day and that she had told him she would not leave with her husband. hus-band. Watson Wanted Meeting-. . . "Watson then wanted to know if a meeting betwsen Clyde and himself could be arranged. When Mr. Yeoman, Yeo-man, who was with Clyde, called, Mrs. Payne told him of Watson's request and asked him to make arrangements for their meeting. "Mr. Yeoman called upon Mr. Watson Wat-son and the latter told him that after 12 o'clock the men in the establishment would be out and that he wanted to tee Clyae at the time. Ellison said he did not want to see Watson." Another Phase of Case. : Judge King then left this part of the case and took up another. "On Wednesday or Thursday, after election, Watson ,wlth. a lady, drove In a buggy out ' to a place by the Hot Springs. The little son of Mr.- McNa-mara McNa-mara was at the place when they got out of the buggy. He knew Mr. Watson Wat-son and the latter talked with htm about his ducks and toys. Mr. Watson and the lady then went Into a room. It was a bedroom, but there was no bed In the room at that time. The lady sat on the table. A. little while later the boy heard a noise in the room. He .thought his chickens were in there and opened the door hurriedly. He saw the lady sitting with her feet upon the table. ta-ble. The little boy told his mother of what he had seen and she told the couple cou-ple that If they wanted to talk to go into the parlor. Watson then" procured bathing suits, for them both. They also went into a bedroom there. They later went Into the bath together.. Woman Was Mrs. Ellison. , "The evidence will show that the woman wo-man with Watson was Maud, the wife of Clyde Ellison. '"Watson afterward met Ellison and told him that they had been to the springs together. He asked Clyde to leave the State; the boy. answered that he would not go without Maud. Watson I told him she would not go. Clyde then accused Watson of having broken his promise to him that he would not see his wife any more." Will Claim Insanity. "This, In brief,? Judge King concluded, conclud-ed, "is what we will show you. gentlemen gentle-men of the Jury. And this will be supplemented sup-plemented by medical testimony showing show-ing that the defendant was Insane. And the evidence will also show, that he wss justified - under . the statute In taking: Watson's life." I Mrs. Payne on Stand. When Judge King had closed and resumed re-sumed his chslr, Mrs. Payne was sworn and placed upon the stand. The testimony testi-mony of the witness corroborated the facts as set forth by Judge King. She testified to the high character, of her boy saying that at school no . corrir plaints had ever , been made as to his conduct She also teaUflod to severe i . -- , - . - ...... ! -' |