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Show Sc:sati:nai;Scc:c Vlien ; . District Attcrncy Asks ' Question Regarding tlx Prcsccuticn Pendinz in Ccurt Against Gerber. Again the courtroom, where Clyde E3-. E3-. llson is being tried for his life, on the charge of murder in the first degree for the killing of A. S. Watson, w:as well Ailed with a curiously interested audience. audi-ence. Many . witnesses were examined a.t this morning's session of court. Their testimony dealt mostly with' the mental s condition of the defendant At one time the audience would be convulsed with laughter until called . to order by the court, and at another a 'pin could have been heard to fall when t every one " seemed to wait In breathless expectancy expect-ancy for a witness answer. The climax was attained when District Dis-trict Attorney Eichnor stood up with an information in his hand and read the .aame, which charged A. E., Gerber, a witness, with a grave crime, and asked him if he was now awaiting trial in the District court. All eyes were upon the witness, when he yelled: k : "Yes. but it's a lie.1" Mrs. Ellison, In company with her parents, was In the courtroom all morning. morn-ing. Mrs. "Watson and some friends were In their usual places near the attorneys for the prosecution. Mrs. Payne, the ; mother of Clyde Ellison, sits by the side of her son. . Porgot to Ring TJp Fares. ; Bush Walker was the . first witness called to the stand this morning. Walker Wal-ker testified that he was the motorman en the street car on which Clyde Elll-ton Elll-ton was . the conductor. About two weeks previous to the shooting, he stat-4. stat-4. Ellison was nervous and had a wild -1 art In his eyes. He talked continually about his wife, and used to forget to ring up his fares, and did not keep the car running on time. He quit the employment em-ployment of the street car company -atr '-uttrweelfprevfous to the shooting.' .'alker said he was a guard at an Insane asylum In Missouri for a period of , two years and had a great deal of experience with insane people. Clyde Ellison, in his opinion, was an Insane person. Jolt for the, "Witness. ,On cross-examination he said that he violated the rules of the company in talking to passengers. Witness said he could watch the track ahead and look back Into the car at the same time. . "Then you are a person who can look both ways at the same time. Were you examined before you were employed as to whether you could look both backward back-ward and forward at the same timer VNo, sir," answered the witness. "Do you consider - every conductor who does not ring up fares to be Insane?" In-sane?" "Yes. sir." "Then there are a great many conductors con-ductors on the cars In Salt Lake who are Insane." ' "Tea, sir." . "You acquired your learning as to ln-aane ln-aane people as a guard in Missouri?" "Yes, sir.". "Then I think 111 let you go." Saw Zllison Day of Shooting. Frank Hadley, the next witness, said he saw the defendant on the morning of the shooting. Clyde, he said, didn't talk rationally: bis eyes were dilated and he looked as if he hadn"t had any sleep. He said the defendant looked like an Insane man-Vie had seen In & joorhouse once. - F the conduct of defendant he Judged him to be of u. 0vnd mind. 'ofrv cross-examination by Judge Powers Pow-ers h sail he thought the defendant a ft subject for Provo. "How long is it since you saw that man in the poor house?" I "About two months ago." "Were you there at the time?" "No sir." Then how did you fee this man?" "I was delivering coal there at .the time." ' "Well, then you were there," said Jrdge Powers. , "Yes, I guess I was there." ; He said he bad -a- creeoy sensation and cold chills ran ud his back when he saw the crazy man at the hospital. He said he also felt the same feeling that morning when he saw Ellison. ' Court then took a recess for ten min- " ttes before the next witness was called. Ellison's Character Good. The testimony of J. K. Councilman, an insurance agent who had known the defendant for several years, was to the effect that the character of the defendant and his reputation for peace and quietness had always been good. Marion Peterson, a commission merchant, mer-chant, who had known Clyd Ellison for five years; also testified to. the goo character of the boy. , ' . i Gerber Takes the Stand. ' "A. E. Gerber, who was a motorman at the time the shooting took place, stated that In the latter part of last October the defendant had ridden on his car. end that he was in a pitiful state. The The witness s afraid he would fall off the car and grabbed him once when he was falling. The defendant then sat on the step and tears ran down his cheeks. The witness saw Ellison again on the seventh day of November, the day before the shooting. Ellison was 4 on Second South street at the time. .He Nflld not recognize the witness and was snapping his fingers. Gerber thought that the witness was of unsound mind and that he was a fit subject for Provo. Personal Question Asked. "Have you ever been in Jail?" asked (Continued on Page 8.) 1 (Co-.t:-iui f ir, 1 M JT : ry C. Tot', r. f nr Fre."T.t "-ve:.ir. 1, Thomas IX. C rtr, jrf :isr.t f t t c : y. and I iv.1 II. i rs.-.c . I'r. .Ukhnor of the v.i;r.ess crocs-cxnmlnation. crocs-cxnmlnation. ... "Tes. dr, eht or nine days." Te witness then stated that he had bor-n rnqrried about ve years. Mr. LichrvoT then asked the witness if it were not a fact that he. bad been bound -over to the District court by Judre Diehl on a charge of Immoral conduct with a Bixteen-year)ld girl in this city on March 2nd. . Loth the attorneys for the defense objected ob-jected strenuously to the question. The objection was overruled by the court find the witness Instructed to answer the question. Denounced -It u a Lie, The court reporter . then read the question. The eyes of Gerber snapped ; " Are, and raising- his arm. he struck the witness seat with his clenched fist, and in clear, ringing- tones yelled: "Yes, sir; but it's a lie!" Deposition JEpnmy on Harden. . Frank II. Harden, who saw the defendant de-fendant a few days previous to the shooting, stated that be considered the defendant to be insane. J udg-e Powers then produced a deposition deposi-tion of Harden, which wax Introduced at the preliminary hearing, in which Harden stated that he could not say whether the defendant was sane or insane. in-sane. ' . Harden" did not recollect that he had said in his deposition that Ellison had ) told him he would do Watson up. Judge Powers then Tead from Harden' deposition depo-sition where he had said, before Mr. Eichnor, that Clyde Eyison had said he would "do Watson up," or words to that effect. The witness says he told the truth In the deposition, as near as he knew. Harden testified further that although the defendant at the time of his conversation conver-sation with him did not appear angry or passionate, he evinced a revengeful spirit toward Watson. The prosecution had not finished with the cross-examination of Harden when the clock struck 12 and court was ad-, ad-, Journed until the afternoon session. |