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Show 3LSOTS WIFS APPEARS ; . : MMN& MSB ANB'S TRIAL Dressed in Black, She Sits Behind the Defendant's Mother; Testimony of Insanity, Both Hereditary Heredi-tary and Personal. The greater Tart of this forenoon's session In the Ellison murder trial was consumed In reading depositions. , Johnnie McNarnara, the last witness on the stand yesterday afternoon, was called to' the stand . Immediately after the roTlcall.of the Jury anovas" croes-elUrnlned-by District AttorneyVEichnor. Thtn the depositions of people In other Stages, Iowa and Nebraska, 'were read fcy Attorney Truman. .,The-jebjfctxJL,tliedPDoslllons .wag-to 1 rove that tie Giscase or Insanity was hereditary In the Ellison family on both the maternal and paternal sides. ! The other witnesses- placed upon the stand rfave. testimony. to the ill-health, and unbalanced mind of the defendant. Mrs. Ellison In O&rt.. .Mrs. Clyde Ellison, for the first, time, came Into the courtroom today. . She was with her ' parents, Mr. and Mrs. Sampson. It was about 11 o'clock when they appeared In the courtroom and took seats behind Mrs. Watson, widow of the deceased. Mrs. Ellison did not go near her husband, and was not seen to pay attention to him in any way. Mrs.. Ellison is a-amall woman, with" pretty, dark eyes that seem to snap and sparkle: her features are small and clean-cut, and hef hair Is raven black. She was dressed entirely In black. Her dress was a black silk: she wore a black feather boa. and her hat -was made of a fluffy black material, with ' a band of white trimming on the under side. Her entrance into the courtroom occasioned no surprise, us there were only, one or two in the room able to recognize her. Not Versed In Commandments. . Johnnie McNarnara, on cross-examination by District Attorney Elchnor, testified that his father at one time had ' been a preacher. In answer to Mr. Eichnor's question if he knew what perjury meant, the boy answered "No." "Do you go to Sunday-school?" was the next question. "Yes, sir." Bo you know the ninth comm3nd-ak''tr, comm3nd-ak''tr, 1 boy hesitated and a smile spread o verbis countenance. "This is no laughing matter," raid Mr. Elchnor; In somewhat n?Ated words. Attorney King Interferes. -I object," said Mr. Kin?, "tho boy was not laughing." "Don't you say that!" retorted Mr. Elchnor,. "I say: he waa." It was necessary for Judge Marse to call the attorneys to order. ' The boy could not recall the names of any other persons that had been to the springs during the month of November, excepting that of Mr. Watson. He afterward af-terward refreshed his memory and mentioned the names of three parties that he had seen at the springs during the period of a year that l he was out there. " The boy testified that he had gone to Mrs. Ellison w ith a note from Attorney Truman to get a pin and for the- purpose pur-pose of Identifying. Mrs. Ellison as the woman who was with Watson at thj springs. Depositions on Insanity. Attorney Truman then introduced a deposition made by Charles F. Apple-gate, Apple-gate, superintendent of the Mt. Pleasant Pleas-ant State Mental hospital, situated Jit Mt. Pleasant. Ia., to prove that relatives rela-tives of the defendant had been confined con-fined in that Institution. The relatives were two sisters of Mrs. Payne, the defendant's mother. District Attorney Elchnor objected to the Introduction of a part of the deposition deposi-tion relating to the records of the insti- (Continued on page 8.)' cf T ' I'!'- . T! !,' r - ": , : i !'.., "- .'. If i t, v. ;. y 1 ; x : v I j i lr.' v! ' v j - r ; : y v. a : "1 t: l t .;y; I uoi't c, ry 1.." Jcl'.n 1 l'ayne, who was jrtbent at en interview between the deceased and t:.e defendant sail be had heard Clyde ask: ' ."Why did you ptand at tre window to ! see me ret on my car? "Why did you try to ret into my bed? Why were you so lone in -letting me in one, night?-Don't night?-Don't you deny those things In my pa- j rents' presence. "I admit those things," replied Watson. Wat-son. Mr. Payne said that Watson asked him for a private interview and said when they were alone: "Clyde Is bo unreasonable." Mr. Payne wanted to know why he let the boy lead him around by the nose If he was not guilty, and Watson replied: re-plied: . "Mr. Payne, I am guilty." "Then, if you are. not guilty, why don't you have him arrested?" asked Payne. "X have wronged him enough already," al-ready," Watson is alleged to have replied. re-plied. Mr. Payne then' corroborated what Mrs. Payne had said about her son's attempt at-tempt to find a policeman and Watson's hurried departure, lie also said that Clyde talked Incoherently and wrung his hands. ' Mrs. F. F. McNamara and her little son both testified that Watson and a woman drove out to Beck's Hot Springs on November 6th; that they went into a room together and later into a bath. The boy testified to having seen the woman sitting on a table and afterward saw her on a bed in the bath dressing-room, dressing-room, at which time Watson pulled down the curtain at the window. The bed was found to be disarranged when the room was cleaned up. The boy swore that he was ent with a note to Mrs. Ellison and that the woman wo-man who took the note was the same woman that had been at the springs with Watson. Judge Powers objected to the testimony testi-mony that the woman had called herself her-self Mrs. Ellison when she took the note as the law closed her mouth lri her own defense. The court sustained the objection, and court adjourned until this morning. - . . , ii . . . (Continue 1 f- -n r : 1.) .' tutic-n, on the etc - 1 that the f ' iit ' hi 1 not been cert..: 1 o in accc: ii.;-e with law. The deposition ' of Jar-s Ij. Cren. ' surprint? ndent of the Nebraska, State j asylum, was next Introduced, to prove th. Insanity cf another of the defendant's defend-ant's relatives. ' Ctreak on. TatLer's Side. The deposition of Lucretla S. Smith, wife of Thomas Ellison, who was a brother of Clyde's father, was to the effect that she was well acquainted with the brothers and sisters of her husband, and there was a streak of insanity in-sanity running thrown them all. The next deposition was that of Elizabeth J. Nelson of Iowa, certifying to the unbalanced mind and weak mentality men-tality of a sister of Clyde's father and other relatives on the paternal side. Elizabeth G. Parker4 in a deposition pave testimony that she had known Mrs. Mattie Payne, and two of her aunts, a Mary Kerr and Mrs. Flower, and that both of the latter had been subject to periods of insanity, one of the aunts at times having been locked , In rooms, and ifi her personal knowl- I edge knew of one occasion when she I had attempted to drown herself.. I Insane on Religion. I The deposition of E. S. Cleveland, an 1 Iowa farmer, was the next to be read. I He had been very intimately acquainted I - with the brothers and sisters of Clyde's ",rr father, James Ellison, the latter he atates ha considered to be insane on religion and. wild on the subject. He .also certified to the unbalanced nature of 'other members f the Ellison family. Ellison Suffered as a Boy. After the reading of the above deposf-' deposf-' tions, the Rev. John M. Hansen, pastor of the M. E. church of Richfield, was sworn and placed upon the stand. He testified that he had known the defends i ant and that as a boy he wassickly and used to lie around. His reputation for peace and quietness he said had been very good. He testified that Clyde had suffered ; with the headache as a boy, and when turned over to the prosecution. Judge Powers asked how the witness knew that Clyde had suffered with the headache. head-ache. "Did anyone tell you that?" Judge - Powers asked. "No, sir," was the answer. "I could tell it from' looking at the boy." "Then you could tell If a person had the headache by looking at them?" "Yes. sir." j Judge Powers Sarcastic. "Then you are possessed of a mys- ; terlous, occult power that is given to few people," remarked Judge Powers. "Can you tell me If I am suffering with any pain at the present time, by looking at me?" asked Judge Powers. "No. sir." "Have you ever read any works on the sub-conscious mind, and do you ; believe that one person can project his consciousness so as to tell what1 is going on in another person's mind?" - "No, sir." "But as a minister of the Gospel," concluded Judge Powers, "you told me , that nobody told you that the boy suffered. We are through with the witness." Head Frequently. Bandaged. Robert H. Irvine testified that Clyde Ellison had worked for him. That he was often absent and came to his work with his head bandaged. Robert Johnson, an employee of the Oregon Short Line Railroad company, stated that he had known Ellison when, he was employed by tha$ company. com-pany. He said that Ellison had seemed to be of unsound mind, and that his health was poor. On cross-examination by Judge Pow-. Pow-. ers he said that the railroad company examined all applicants for employment employ-ment as to their physical and mental condition. . Mrs. Susan Keith, who wa's employed in the year 1900 for the Oregon Short Line, testified that she saw Clyde Ellison Elli-son nearly every day. She said that the defendant was -subject to severe spells of headache, and that at those times he had dark drcules under his eyes. "Did you think that the boy was Insane?" In-sane?" asked Judge Power on cross-examination. cross-examination. Ellison Not "Right Wise. "Well, I don't know; but' he was not right wise.'" i When it was elicited from the witness wit-ness that the subject on which the de- f endant was not "right wise" was real estate. Judge Powers remarked that there were a large number of people in Salt Lake who were not ' right wise" in Salt Lake several years ago. Subject to Headaches. , Thomas W. Harrop, another employee of the railroad, testified that Ellison suffered with headaches frequently and often sat down and held his head in his hands. Joseph Jeffery, a machinist in the i employ of the Oregon Short Line com- pany, stated that Mr. and Mrs. Clyde 4" Ellison had stopped at his placo, in the Galena block, for about three weeks last summer: that they went away for a while and returned about October 25, 1902. The defendant., he said, a short time previous to the shooting had been subject to a severe Attack of Illness. The witness said he' had keen the defendant de-fendant lying in bed and groaning and writhing. The Judge then adjourned court until this afternoon. 1 ELLISON'S WITNESSES SWEAR THAT WATSON ADMITTED HIS GUILT. , , At the afternoon session of court in the Ellison trial yesterday, five witnesses wit-nesses were placed upon the stand by the defense, after the prosecution had finished its cross-examination of Mrs. Mattie Payne, mother of the defendant, and the main witness in the case for the defense. The five witnesses who gave testimony were: Mr. Payne, stepfather of the defendant; de-fendant; John Bryant, a -hod-carrier, employed near Mrs. Payne's residence; Mrs. Sarah L.. Nash, who called upon Mrs. Payne and overheard part of. a conversation ' between the defendant , and the deceased; Mrs. McNamara, who resides at Beck's Hot Springs, and her little son. ' ' , On cross-examination by District At-' At-' torney Eichnor, Mrs. Payne denied that she had advised Mrs. Ellison to go to Watson for money. She described minutely mi-nutely the disordered condition of her son's mind during the week previous to the shooting, and admitted that she had not called a physician in to attend him. John Bryant testified to having seen Clyde Ellison on the Saturday previous to the shooting, and that he was crying and held his hands- up to his head. Mrs. Sarah L. Nash testified that she had heard from an adjoining room the following conversation between Mr. Watson and Clyde Ellison, in the parlor |
