Show V 1 i I Case No Three Charge Falls Fall lo 10 I ise a Ground Unproved lJJ J Block Case Now in ill Issue What WaI Miss j 0 TesI to in Deposition Taken at al Hospital Last Night Nii Saw and Heard Brown and Woman I c Die T he p In III I Judge Julge liS i up d dd Art U 1 hearing h d l Id L I 1119 it 9 Tho rho rl rhoLa 10 t I m orn run ng D D die th Doyly DoIy block b blocke I oc k A kr 11 u La all Id judge Diehi on I d fl cUI e attorney I d h OIIn n f v r rt Is this morning h I Ing t JIla r tO 10 88 t I ma block cose CS ew nn 1 In the tie complaint I th HM Il n t th IE crime Ime Is 1 Fob eb r aU i The T LId fl tor both bolh the state j dI df I 1 I mi ull unit in lt ut U 1130 30 and the tha thaI wil Will 1 U hiara ht ard tIn 1 k Julge Julga Diehl at a J l tol It U sIred to tb t I d r J C r r in he h would limit I n r u Ur O minutes each nn hu to u H I t LI I UK W 11 nt M did iI not suit stilt Atty Al d The ha case cose casca am hg ir anil n ti Ilog rn until this th afternoon a a thinks he has haa LI AI A W V I Il hal hald lra d ng 1 the nal but tut mi fl f rr Cor r defense ex cx exi ruI the i j i Fo p i O that thit tha the first case advisement by byu I UK IK KI t u hh ft I D Diehi hl ur un I i IJ morning moring is its II r r tin Ihl ti tWO o 1 morning I were wre ark bY Ih t ur i which iid d i in sv r g Id 1 11 I ce of ot justice nJ J thee Wo W I U n II no flO bitterness Erd a Im bet n I t Judge 14 rehl Ma nau tir n un Jn I all al any of ot the theu hi h W i no tow row be beleu bet bem C u I m I WI 10 leu t ins m fl 1 I I I 6 I 1 w and the tw U o I of i which made up tip tipe e t t o I i d i wr cry t tY well wel ehI Mrs In eW oan on UPI Ii 1 usual place pIn co near V t e at alln n fl y and ul neither looked hooked l ol 1 the tte rth n C i ID 11 I P HI i ft I The ir r was ns M unusual qUid t He lie le appeared i Id ii lIe ter US J 9 nd I walked about the It room lO m com li It j r tl hut but he lie did not noti ill U i his l hair gi gt gril t 5 his itis very much muchA A v h hI hands jr g Iu sneer or ridicule ti A 4 he M did not i dl now cc I u II toothpick Only did h t i make suggestions to 1 i and ad they were brief NT TB s TESTIMONY it most moal feature to this thIse I e 11 ai the deposition of oC Miss Annie Conel ulion at lt St 51 Marks hospital pit II t tuning In tho of ot Judge b bL The lbs sustain of at her iter testimony in LI that hat during tho th tb Utter part hart of ot Jan JantI tI i iv 2 or r th thi fist t of ot February I oc CC o o In the Central dt tk J She he gaU ald sir SI sn saw Mr Tn mo and nd Mrs In 11 the building tr sad and one night while a n lady Dd vu IU wa with wih her In room rom 32 she pH 1 j bm Mr r Irown in room 34 3 talk r t to tu t S woman and Ind heard the woman U t k licit kick b ck She d larea larel that there was vas put rut row raw sit all 11 night that it n i t in n a 1 loud oud tone of ol vIce le leI I e oile abe was wai Kept k pt tip up u until a I late hour hourI 1 I for fr a time timp Hut But quite Y in 10 thi th l morninG lung before b rore day dayt lit t tt the u n e c log b l g n a gain and sound ki k k t a s ci ant ani discussion fl the th IP womans voice voie stout I sLut 7 dock a 0 m in 1 tho morning she J Ir M the door dor of room 31 34 open Miss says tas Ile she he gi s out Into the th pi 1 ad aa MW saw lW b 8 biown About i tour hour n la th sh h saw A II M Mu Mn It w e f r fr ai a sh th If 1 as lS Positive In ho hott ian n ti tt the tt h saw sw ton n and ani h l I v omun ornan together TO TI HIMSELF jo to 10 t explain away P i I lev v iv r n i tag on the stand rt HM td t oM iid Archie Living t Ij 1 1 1 ih It it t they tb had known i r nany years ears and ald knew knel ai a II t if Jt V I lt In n a loud I lr lf fi t when en eif In I the IIa al f I 1 au all case cae r aru male by liy Judge JUdg in I s Y t I th Ih question of ot AJ K I g la y l a rave b Mr 11 ur ar MH It luing the last Ia hale ha j nut The lit answer b I bl kie e 11 acquaInted o if ft mol lt p dill inK Irig that time r r ri 11 was a court z o In m the then court ted aDd r ij n luu h te IH hed outright aril Dh nt ft II n r hM this nt at atin S in 0 e rid J g k b wi Iii render hits hIs Ot u b ally baly when rhen he hc hea CUe br d n a In 10 the tle first mac case I l A lak t J f It I r the C Central en t r I Ille Ih a Mr Drown Brown ti J i paw aW them both bOlh nh l t 1 ot of 1902 ber 1 r I i 1 mi min n Ih I I of ot the halt hall hll nt at J ir ni cf f I tp m 11 n 11 1 t I was Wal shown to tout ef 1 ut ul the UHS tl loca loc locale le It J r n to Miss lt 1 dp fIn u II U Ml I i iii i oCon OConI L I Mak ak I iv w was s taken laken R M l t evening ke dt 1 I lt witness tl ri Ms In t I 1 I alon at Ion on of at the I I I i mi tad said the thel theby II l by b a 0 s small smal t ayE ayEa E EI t I a d YOU Oc Mv sv 1 Mr Mrm Ir i In m th the Inc I i 1 build bull I I or f UI U art trl r J January 1 I 1 1 L Fi r U iry C 10 tu U tr rr t ii f e come out of ot oft tr t Er Eri Ir T i IrMi J Caning an aflIng I ng the I Mi Mir tr r I hall hallie 4 ab v III ie lie out Olt of at the I t Ih morning i I hJ t I J 7 JI c I tt r en enn n I In I r 5 I 1 I 0 i l her r In the ther r rt r t g 1 S her tier come Cm down downMan r I I I t hI I Ib 11 Wt b ls UJ I II r L t c Man s I of ot tho the thon 4 n n t i 1 8 FA roping t I Sa t 1 r In th I tin 6 7 J I I 1 1 r rt 11 t 1 1 J I It rm J 4 t ii h iiI room fl I rm r r F nv 11 l In m InI inS S I until un JUne Jun j I I Il ut the th court courtY OU t b tu D Y t e i 4 4 7 th tIl thed II I dont know I What was a the occasion of at your our going Into Inlo the tite room In 11 June Junei Objected to on the ground of ot being Incompetent The court unstained sustained the th objection Mr Mi 11 Westervelt W stated the purpose wnM to show that thill some sore of at Mrs Brad leys clothes wore were found In the room und that also some somo of ot Mr Browns ef of effects were there thieve at nt the same time Judge DUhl hold that while the pur purpose pose 1050 was 1108 material the tho time wul too remote tint hc hu would not change his ruling On answering Attorney Sam Ham King ICing admitted his duty dul ut lt thin the Central block was merely to look title I the Iho building urn had ha nothing to do with wih the rooms or orthe ortho tile the occupants Can Cnn you OU mention monton the thc names ot of any al persons who occupied rooms In the building the tue names of at 11 1 persons Mr Ir King then thel asked wit witness ness 1105 If It he ho remembered seeing any of ot tho the tenants coming coining down the hall hail In lii InI February I 1002 I 02 said he ho could not ot remember He lie said Bald pall he spent more maIo time In the some days than Ihan others othera How do you remember that you OU nav 11 Mr Brown there In January or February 7 Because It was wal wt cold It I was wal colt cold In July Jul wan It not Yes So you dont know when It was do you ou ouNo No o sir sit I 1 aw him one morning but dont know knos Just when It I was WM during the trial of at a a mining case at Nephi Well Vell was It utter after the this list first trial or after aCer the tho second secondI tr I dont know but bitt I 1 know It I was as a I year ago You make n a note of ot It I did 11 you ou 7 No sir Then you ou dont pretend to soy nay you ou saw him him there ut at lt tiny any Iny particular time I saw him and I t know It I was about a year Nr ago ngo at nt about 0 Might I ht It not have been 12 It I was between n 0 9 antI 15 10 You dont know why wh or when thien he hent went nt there or who he went to see No sir Your business did not nol coil call cal you ou Into the rooms No sir Who occupied the room In May The room was vacant for weeks but during tho the summer ot of ISO 1801 up tip lo 1 December the rooms were occupied pled pied there thero You YOI say sn you yu saw as Mrs Bradley Yes sir Ir What were you OU doing when she en cn entered catered the building I 1 dont remember i You dont know knott where she went No sir You dont know If I she remained there No sir You never say siw her como come out or go BO Brown Drown did 1111 you No sir You never say her come out or go Into those rooms Nom did you ou ouNo No sir Now then It if you ou looked hooked out of at the doors of ot 32 33 or 33 you ou not see a I person coming coining out of ot room rom SI 21 could you No sir Where Shero was wa as Miss room Across cro s the hall bali Her room was WIS 25 29 war tsa a It not noU Yes sir And nd sIte she could rould not have seen een anyone coming coining out of ot room 34 could she No sir Now did Harry Woodman occupy 32 anti 33 In January and February I dont Just remember Did Dil Miss Mis OConnell ever occupy those tIO rooms No N sir lid Did nd she ever go In there 7 Yes she was there every ever day tak taking lag ing care caro of ot the tle roan roon On redirect r examination witness winess said persons may la inn have hac occupied the rooms and he lie would not know It itI I I At t the conclusion of ot teU testimony teUman many mony man Mr Ir suddenly an announced flounced We Vo e rest TIlE THE TIE DEFENSE The attorneys for tor the defense Imme Immediately went ent Into executive session s for tor about five minutes and then placed Stenographer Archie Livingston on the thc stand lie Jle testified that he hind had h I work worked ed ed for tor Brown Brwn for tor live five years was with wih him at nt times late lato nt at at night and he lie knew that Brown wag vai Wil a n very ry early riser lies Has 11 Mr Ir Brown Drown a habit of talking to himself Yes ns He lie has a t habit of ot walking up and amI down the thc room talking over the cases hc lie had and he always talked In Inn Inn ina n a loud hand tone of ot voice He lie always allos talks to himself about his cases eases and ami his per personal personal pr affairs Does Docs he hc not stamp stomp the floor toor foor and pound the tho table Yes Yel Mr dr Westervelt asked aked lies Has Io he a n so 10 soprano rano voice No Xo NoBy XoI By I y Mr rr you OU over ever hear him Imitate one Yes Yi Mr Did he deceive you u uNo No because I r was always looking at nt him This testimony was wal for tor the purpose of at showing that the noise Miss OCon OConnell nell nl heard In the Central block was made by Brown Brawn atone alone while talking to himself lt But lut In her deposition she sh swears she he heard a womans voice olce and nOI then saw the and Mrs Bradley come out of ot the thc room the next lext morning JUDGE HENDERSON TESTIFIES After ACer Livingston was cas excused n a long 1011 delay was occasioned d by b the thI th absence Of ot Judge Julge Henderson who was summoned for tor th the defense Judge Henderson was wa sworn Morn and took the stand on behalf of ot othla his hla hii law late II II partner 1 Judge Jud e Henderson you OU have ben been In Intimately intimately acquainted with for tor many loony nalY years Yen Ye C You have traveled with wih him and oc DC occupied cutie cuNell rooms roms with wih him Ye Yea AntI And you OU have been acquainted with lh hU hits h habits during the last 10 years tarT I have been acquainted with most of them wih This h created quite a e titter In the courtroom nd tho the defendant laughed aloud You have often of ton heard him hll talking to himself about his hilts Yes he 1 would talk excitedly exaltedly Where were you during durin January and February 1902 1902 1 r in Nephi engaged In the tho Grand Irand Central case onse I Was Mr ir Brown with wih you Hc lie was Were ere you oU there on oh Feb I eb 1 I Wo o were there tholo After tor tho the Jury jur re rc reo ported portel we iee had an argument about the tho verdict nail tho next day duy wo w o left lett Nc No Nephi phi Judge tItan than repeated repeat ell that Mr tr Ir Blown had a habit of ot talking to himself During the 10 years 1 I have been beon as sedated with wih him kIln this thin habit has hns be bo come Celtic grown COIC fixed and settled and anti has greatly Answering Mr Ir Westervelt Judge Westervel on said sall that Mr Mi rI Brown was in during the Die week devoted to ar arguments 01 In the tho case I With Wih Judge testimony In the defense closet closed colell Its Ia case cn e but bu t the prosecution recalled the Judge to ask It If he lie remembered d Broun IM us away from Nephi during the day Mr Ir made his hilts argument Witness answered that ho did not re remember remember member Mr 11 Brown being there So you OU are arc not positive Mr Mv AvaH there at nt that time No I have no 10 distinct recollection of at Mr Brown being present during Judge argument Judge o Dehl stated It If the th attorneys desired to argue arlue the case cose this morning lu la would limit them to coven selen oust Ald a I half minutes initiates each but If It not he would give them this afternoon limn ho defense hoHe KIe tin ti latter and ama thin tho ease cane lse was continued until 3 this afternoon |