| Show I STATE REST RESTS RESTS- CASE I II I IN N VANCE TRIAL 1 I I Attorney Fails Faits to Puzzle the County Physician on V Stand I STATE CHEMISTS CHEMIST'S STORY I Produces poisons Poisons in Cou Coui Court and Describes Their i Effects I I After Arter a fla day clay of or al' al over objectIons objections lons to the a admission ion of te testimony in inthe inthe the Thomas Vance murder trial Ve Wednesday Wed Wed- 1 I the state rested reste its case ca c and I then announced that the 1 two clauses of oC the Indictment ren rendered cr against Vance would be he dropped and find that the state would ouM lr try to find Vance Vanco guilty of or murder In lii the first degree on or the third count charging charging- him with killing his wife wire from front beating an and ani poison a combination of ot the first two counts count I V. W. I u L. Maginnis chief counsel for Vance o objected to the state fi fighting I the case out on these two charges an and asked aske Judge George G. G Armstrong I to insist that either cither one or 01 the other of or the charges be he taken up up either that the tile beating bealing caused the death of Mrs Vance on December 8 8 1907 or that the husband poisoned her Tills rIIS came just before 5 G o'clock and Judge Armstrong Armstron took tool the matter under tinder un er advisement advisement ad ad- until Friday morning at 10 o'clock when the ca case e will be re re- re sum eti In his argument to the court ourt Attorney Attorney At At- torney torne Maginnis declared that the state slate had signally failed Called to prove that the beating heating had anything at all to do 10 with the tho death eath of Mrs Irs Vance as Dr A. A A A. of shown n In the testimony Kerr the attending physician and asked that the tho state be made to discard dis dPi curd card this clause and fight the case out outon outon outon on the pol poison on theory Harms l Produce lol on Besides establishing the fact that In Sn all alt probability of or mercury mer mor- cur cury was wa u used ed to bring about th the th IC of Mrs Vance little new was developed e d during the trial of the case Wednesday c ThIs Tills was brought out by Herman Harms state tate chemist who old of the odors which 1 accompanied I I oil of or savine lne and oth other r Irritant poisons which would bring about tho the same fame I symptoms as ns shown l b by Mrs Airs Vance when she shiv was removed remo from her herI home honie on November Xo 28 25 S to St. St Marks Mark's hospital Ant And incidentally Attorney I Maginnis lid did not have tho fun with Mr tr Ir Harms that he had with Dr Kerr Torr T rr the day da before u Herman Harms dealt with poisons their theft odors classification and effect an and he never deviated e from the original original original nal statements He had hind brought ht to the court room several se samples amples of Irritant poisons which had been pol n of In this case among them being leing oil V of or ravine savine And when this bottle hottle was opened the pungent smell spread through the court room In an instant Dr V. R. R Calderwood county phy- phy was also on the stand in the morning and told o of the tho autopsy held heldon on the tho bod body of or Mrs Irs Vance on the th da day she he died lied He said there was no trace of any poison so far as he could learn but that the thu intestines and stomach showed hof Jho ho evidences of the I ol on from ulcers Dr Calderwood produced produced pro pro- a big loose e leaf hook book with notes in it and he stuck to this faithfully refusing to be drawn into a a. crossfire cross OJ R- R lire fire from Attorney Maginnis as had been heen tile the fate of Dr Kerr Sl toy Sl on Stand Mrs rs V Amanda Ward Yard sister of Mrs Vance was wn on the stand again as She testified that Mrs Irs A A. E E. Vance of Ogden wife of Vances Vance's brother had told Mrs 1111 Mary lar E. E Vance to take tako some pills to prevent ont childbirth and that Mrs s. Vance had hind used them She sa said hI however howo that she sho had urged her sister not to tI uso ilSo O them V It gave Attorney Maginnis another opportunity to have some fun with I her Why didn't you tell lell me lOe yesterday r ay about these pills he lie a asked ke Mrs Ward Were Vere you OU trying to keep something secret Xo Xe sir I will tell ten everything o I Ilu lu know 10 W. W I didn't tell It 11 because I didn't think about It It-I It I was all confused contused That was as LB fur far as It went The jury jUl way Was e excused from tho the court courtroom courtroom courtroom room several times during the day ay wUen Attorney l made a n fight against the n admissibility of ot evidence V about to tl be sprung by the state In each instance Judge Armstrong ruled I that the matter was rightly a part of ot the evidence and am amIt It went in in with an exp Llon on 01 the part of Vances Vance's coun counsel cl On Ono One of at these was v-ns when J. J Parley Whit wa was on the stand tan tand White had gone with W. W II IJ Farnsworth worth assistant attorney to the room of or Mrs Vance two days dayI before her death on December S 5 S. S wh when 11 she made mailo her last und and dying statement nt In this tilts she sho said that while Shin she vis 8 ill In bed hod she hoard her hu husband husband hus hus- ban band come home turned over In bed bcd and ond saw him leaving th the stand on I which was ras setting netting tl tlc UC e bla s of or water In which It Is claimed by Ly the state stale lIe he dropped a of or mercury tablet tablet- Mis Ins Vance sai said In her dying statement state stale ment that soon after Vance rance left the room she took ti lL drink out of ot the glass glassand glassand glassand and soon grew rew much worst worse and con con- I lInued so from rom then on The statement made by Mrs Vanco Vance was also objected tod to by Attorney Maginnis Ma- Ma ginnis but bul it was rca read into the tho record In ono one Instance Mrs Irs Vance Yanco said ai ac according according according ac- ac cording to the statement that Vance sal said after knocking her to the floor you I win will kill you this time Mrs Irs Ward arl was wa recalled an and tC that she hail hall taken talen n the statement from Mrs hs Vance while ill at the hospital six days before her death She said she wrote It down as her sister tol told her liet about her hel beating be an and read it over overto overto V to tf her when she hc had bad finished She said Mrs Vance said just right Dr DI A. A A. A Kerr was the last witness 8 for the tho state Judge Jude Armstrong ordered or or- bred dered that a n. bench warrant be bo Issued fur for him but soon afterward h lib ht was found foun at ut his office and hurried to th the court room He lie merely stated that heball he be had ball detect detected d no odor In the thc vomit of Mrs Vance and antI was allowed to go without wIthout without with wIth- out much further I questioning on tho the part of Mr Mi h Maginnis The state rested its 4 caso case at atI I 0 o'clock and then the jury JUI was dismissed l from the court room while Mr 11 nis argued to have o the tho state make It Its I tight fight either on the ground round that the beating caused the tho death of ot Mrs Irs Vance Vonce or that her ber husband her pol poison on which ca se her death It was just jUt before C 5 o'clock when he finished and the court took tool tho matter maller unter un ad- ad until the case casc IB is reopened Friday Fri du day morning S The rue Jurors were of Manager n. n A. A Grant at the tile Colonial theater last night guarded guardell by the two deputy sheriffs The They will he be kept In lii prison most of today and will vIll bo be treated to toa toa a 0 big turkey dinner at tho the Kenyan Kenon hotel this afternoon This morning they will attend the union services at atthe th the First Methodist church at nt which Dr Albert Buxton will give I e the sermon |
