Show STATE OPENS ITS CASE AGAINST YOUNG HEATON bloda stained shoes and coat of defendant are place in evidence doctors moir and alark testify as to the motive for the murder of the young girl gir which the post morten examination revealed the sheriff did some good work aorl in getting the jurors drawn from those selected for the dear 1909 into court in the few hours intervening inter between the time of drawing and the return of the venire twelve jurors answered ansy ered to their namer names wn athen court convened at 4 there about a dozen women aomen present in the courtroom the aps th atthe A jury was wag nearly completed in the heaton case and thit that the case was as about to be opened having gone forth standing room was at a premium after the additional jurors had bad been b en examined examine dl as to their statutory qu qualifications ficat ions chris jorgenson was called to the jury box he passed the defense for cause but stated to the district attorney that he had scruples against conviction of murder in the first degree on initial evidence after some discussion of this matter the juror was excused for cause and the defense noted an excel tion gorge george beal had read the reaper account of the murder and had a fixed opinion in the matter he was challenged for cause and excused joseph L christeasen Chris had a ned fixed opinion and was excused william gardner had read the apa ter oer account of the murder but had formed no opinion as to the guilt or innocence of the defendant he was satisfactory to both sides and was sworn as aa thi the twelfth juror in the aase ase the clerk was then instructed to read the information to the jury during the reading th defendant dant sat and gazed at clerk magleby Nit without hout a sign of emotion on his features he wis was mildly curious as to the reading but aside from that he anas as about the most unconcerned person derson in the court room at the conclusion of the reading the jury was instructed to not converse about the case nor to allow anyone to talk of it in their presence and the court adjourned until friday morning at 9 0 30 10 SATURDAY MORNING court convened promptly at 10 0 e lo 10 c k there was a big crowd present and among them a 2 good number of ladies th there ere was no time lost in preliminaries the district attorney called ellen jorgensen to the stand she stated she had been born in Or derville and pointed out on the map the location of her residence she saw the defendant near the esplin barn some time after 3 on the day of the tragedy on cross examination she thought it might have been about 5 30 when she saw heaton near the barn joseph heaton was recalled and stated he had seen alvin heaton about 6 on the day of the tragedy near the jorgensen home going west at a fast walk and he turned into the heaton house he then came out went to chamberlains house took a magnifying glass from a small box and looked through it then went across the street towards his fathers barn he N v as walking fast and v when hen he vant A towards the barn he broke brake into a run dr R garn dark clark of panguitch a graduate of the college of physicians and surgeons at Baltimore Md was then called he stated that on april he be conducted a post mortem examination on the body of mary to ascertain the condition of the body as to furnishing a motive for the crime he found the cause of death to be from bullet wounds in the back he also examined the abdominal cavity and the uterus the uterus was found tob impregnated and this condition was pas between the ath and ath week of development there was no cross bross examination merlin brinkerhoff a ten year old boy was next sworn he stated he be resided in glendale kane county ile he was nas herding sheep heep about a mile from Or derville on the day of the tragedy camped with his sheep about a mile from Or derville 11 he e heird some shots fired about half past finc fic there were four shots fired at that time he was vas up on the side hill above aboe some cottonwood Cotton wooda ard across the canyon from the dir direction action of the shots the first two shots were in quick succession and the other two to shots v were ere not so fast the boy was a very composed witness ezra St emens father of the murdered girl was as the next witness he testified that he was a resident of nit mt carmel kane county about 10 on the of april he had started for the vale when he received a message that his daughter had been killed he was about 3 or 4 miles from Orde mlle riffle and he be immediately in returned to Or derville and went up garden hollow where he be met the trackers the tracks had been lost and he took up the trail himself he doand tracks of what he took to be a number 6 shoe he follon followed ed them on the soft ground and lost them on the stony ledges he scaled the ledges in order to try and find the tracks the body of his daughter as found in a northwesterly north westerly direction from a grove of cottonwoods cotton woods in garden hollow he saw the defendant upon entering Or derville in the borni morning ng and then in the afternoon he was in a crowd when he saw the defendant the second time and he asked the crowd if anyone had a gun A boy named Barn barnham harn answered that he had one but it was broken heaton said reluctantly that he had one miss stella stout of Or derville testified that she knew the defendant alvin heaton and also mary the murdered girl she had seen the defendant go 0 o to place abou t three weeks before the murcur and call mary Ste avena out about 11 at night mary came out and they passed around the west side of the house witness was on the clay point across the bridge on cross examination she stated that she was on ner way from her home to mrs esther paine who had bad been sick and she was sta staving ehg with her her father had walked with her as far as the post office she denied that she bhe had told mrs paine that it was lieber heber meeks she had bad seen on this occasion but she had bad told mrs paine that she saw two boys at the aton hi aton house one night and she thought one of them was heber meeks john W healy of order orderville Or derville ille knew the defendant alvin F heiton and had known him for 15 years A revolver was shonn the witness which he identified ile he stated that he was 3 shearing hearing sheep south of Oi Ol derville last april alvin heaton borrowed the gun eun shown witness and gave a dock deck of cards as payment foi the ue of the gun for one month the gun is a double arting smith and wesson revolver no iver of 33 calibre just before the trade for the gun he be and the defendant and joseph were playing girds heaton slid he wanted the gun to shoot rabbits dinna d inna a round up witness in describing the gun said it wis is a six sit shooter district attorney erickson him the gun and to d him to deaunne it and make sure he took it and releasing the cylinder said he had always understood it to be a six shooter but it only had bad five holes attorney thurman in cross examina aamina tion said to him when you bought this you bought it fol foi a six shooter yes sir then you were cheated out cofone of one hole in the cylinder this caused a titter to go over the spectators miss stout was then recalled for further cross examination she st stated abed that she war curious to know ano who was calling mary and she ehe stopped a minute on the bridge crossing the wash upon the request of the attorneys on both sides the jury was ordered to stay together in charge of two bailiffs instead of separating to their homes albert olsen and R H barney were sworn in to take charge of the jurors court took a L ui FRIDAY when court opened on friday morn ing the case for the state was opened bv a statement made by the district attorney as to what the prosecution would prove it was in sub substance tance as follos follows that during burng te fe month of april and previous to thit that time mary Sted vens the girl who is alleged to have been murdered by the defendant was as attending school at Or derville in kane county utah her home at that time was at mt carmel a little town just tv two 0 or miles south of derville Or that while attending school at Or derville she made her home with nith her brother joseph who resided at Or derville that on the day of april 1908 during the time that the examination as being held at the public school for the esth gride stud erts mary was armong amon the students taking this examination that on the daa da mentioned she had been to school all day until 4 except athe the noon hour that she left the school somewhere I 1 and just before she left the school she was wag stand standing on the platform of the school building outside of the door talking or in company company with the defendant who had also been there that day and had started to take the examination but had decided not to finish that mary vias vas about 18 years of age that after leavin leaving 9 the school house mary st avens went home to her brothers an and d after remaining thee a short time went out of the house and started up ahn hill just north of where mr lived that the last she was seen alive by her folks folka was going up the hill that she did not return and mr Sto avens her brother thinking she was staying with some of her girl friends did not pay any attention to that fact as she bhe did not appear at school the next day for examination inquiry was made as to her whereabouts mr learning that she ghe wai not at school and after inquiry found that she was as riot not at h her e r home at mt lit carmel set out to find her about 10 the day of april bin b bing in g tuesday he followed the trail where he haa baci sen her going over the hill he tracked her until they came to what is 13 known as garden hollow where other foot prints joined her and these there two persons continued on up the hollow until a point was reached where bloodstains were noticed on the rocks and on the sand and that stevens st evens then returned I 1 1 s ad e ired men to go to the point described and there they uncovered the body of the murdered girl which was covered with rocks that the officers were notified and suspicion pointed to the defendant that that blood stains were found upon the clothing and hoes of alvin heaton that this defendant had subsequently confessed to the crime and had made statements to several parties wherein he be acknowledged the crime that the motive of the crime was to cover up the fact that the girl was in a de licate condition and that the defendant was the author of that condition at the conclusion of this statement I 1 te testimony for the prosecution Drose cution was introduced david smith of glendale kane county utah being the first witness testified to the identification of the map of ord arville and the important points com coin acted nith ith the tragedy which had blen bion bi on prepared by himself a and nd others of Or derville joseph ste St eions ans tho next esq testified that he be had bad ined libed at order ville about 15 ears that he was a brother of mary stevens that during the school year of 1907 and 1908 mary steens was attending school at Or derville living at his home that previous to that she was living with her parents at mt bit carmel kane county that on the da d of april 1908 he was at home making garden that he last saw his big sister gome going up the hill bill a short distance from his home which was about 4 or 5 that his sister did not return home that nig night lit but he did not pay much atten continued on page STATE OPENS ITS CAL CASE ae AGAINST YOUNG HEATON cot coi from third tion to it th thinking irking she nna aa etith ithome some of her girl upon learning that she is ig riot not to school the next lie t day he inquired a as to IN I 1 ether Iother or no not t elio eho ais is at her libre at lit C carmel irmel finding upon aeh that she IN ft Is b riot not thore he imi emili II 11 set out to find her folio folloni I 1 i z in the direction that lie liar een he her r going coing lat the ois night he e I 1 her or o r the hills hill nd and into I 1 hat ib i known as garden hollow where it a pears that she bhe is joined b the track of a man ahse tricks ere eie follo followed Ned some distance distinct di to a sort ort ot of i a cane cae at ait the left of th the frail thich n v is iq surrounded by I 1 1 ire boulders boulder there 1 apine ang at one side a ledge about 90 feet high that after looking in this place sometime he noticed blood on the rocks being ner eri curious by b this he be immediately went to tonn for the officers being accompanied b ed carrol the justice of the peace I 1 wilford W heaton the con constable table W wil al lace luke divid david esplin and he atrain again fol followed loed the tracks to the place of the alleged tra tragedy edv I vre I re they held a coroners indu E ft achien was found the body bod of edry steens under a pile of rocks wilford heaton was sworn and told of the finding of the bode of the girl this witness is s constable of Or derville ind and he n tsi cited ted in following the tracks to the point whir bod of mar steaben St eiena jia MS s found lie he nas aas present ind and exa examined mired the bullet holes in the body bod edward lamb ina as one of the men baho helped follow follon the tracks in garden hollow to the spot pot m where here the bod of var man na ah found and aw av the bullat monja MO in her back ile he assisted in getting the bud bode to the home of to joeph aph steve is eno ends Pac keral testified thit that he n IN nis I 1 is one of the parti ot of trac trackers keri aiho ho helped to trace the foot prints ot of the alleged mid mi d of mir mar SteaN stearns cris up garden ile ho lov oil to ti tte tie e pj paint ant ib lire ibre li re the boji wi i cund ind and th thit it he IN was as of the opinion the tracks mare maile by the mur murde derLi rii lie LIC no 6 or 61 6 sl o hins hans C EO aoi naon to toll d 1 I simi ar story of ohp fo following loNin or 01 th trick sarah kote testified teti fied to taking tie ta a clothes from the bodi bod of mary ens and finding t a bullet in the clothing of the murde murdered girl NA bici ble r she had turned oer to th the heniff el ebie ahat dr moir aloir of kanab te testified b t d t that he had examined ea mined the aurda on oil the body bodi of mary ste on and th that at any of them would hae bale been fatal he had made an examination camini tion of the body wd with i I 1 view to establishing a motile for the crime ho he foun found d evidences of go eigil ei ual uil relations hiving having been hid had and later with dr dark clark had held a post mortem of the uterus which gave gage evidences evide ices of pre nanc nanci I 1 of 8 or 9 weeks development nt s tea at Or derville testified to gebing ceding the defendant d a and mar vens on in ohp th porch of the school houe abolt 3 ocl belek ck on the of lat april he afterwards saw alvin heaton about 4 and waited ad toa towards ard the tore with him at that time erb nlrb hot hed to seeing the defendant it cit espling Esp lins about 5 30 0 i the afternoon of the tragedy and at that time he was coming from the barn mrs codington Coi ington testified thit he saw defendant going from ebelini towards his own hoise hoase she was as in company with ann haton aho vho h bicik bloke to alvin but he did not ind and he was nas proceeding on a trot board towards home SATURDAY AFTERNOON AFTEn NOON when coart at 2 the curt room v as filled to I 1 tion by an eazer coid of men and onica ever a tillable inch of standing or sitting roo buon rit IN wis is tal on en and the spectators d to anc liveliest liv liest I 1 ind of interest in the proceed i ings it was as really the lira day in khiem the succeed td in connecting thi the defendant defend int N ith the tragedy in any degree tho e ald id nee so bo introduced was given b by the shariff and prosecuting attorney attorn ci of kane count and the attorney for tense objected to liay statement |