Show 0 r iT THE DEMON DRINK IBs Destructive Powers Manifested In the Trial or John Melvin of Ogden City i The Man Who Tried to Cut Ills Wifes Throat In a Drunken I Frenzy The Testimony of u Host of Witnesses In the Case and the Extended Arguments From our Regular Correspondent In the First District Court on Monday the attention of the ofliciils and public audience was occupied with the case of the People vs John Melvin for assault with intent to commit murder upon the person of Charlotte Melvin his wife A jury was duly Impaneled and CHARLOTTE MEIAILLi A delicate looking young lady of barely thirty years of age took the stand as the first witness Lived on Fifth street in this city on the 24th of January last i is wife defendant i defendant was also at the house on the date named she had been trying to get the whisky away from him in which he had been indulging in the scuffle that ensued defendant cut her with a razor on the left side of the neck She exhibited the scar of the wound to the jury with scarcely repressed emotion They had never before been quarreling I during all their wedded life of nine years I On crossexamination by defendants counsel Hon R Smith the witness stated defendant had threatened her I when she took the bottle away from him he would give her a clip He had been on sprees before I TIIOJIAS I BALL VKTVXU i Chief of Police testified to luring made the arrest of defendant at that time Witness Wit-ness identified the razor with which the assault is a lleged having been made Mr Kiesel had taken the razor from the defendant de-fendant while witness held his arms I When arrested Melvin expressed a regret that he had not finished the job j but at his afterwards deed he showed compunctions JULIUS KIESKL Testified to remembering the occasion of the arrest of Melvin having called the latter out of the house Heard defendant defend-ant say ho had cut his wifes throat I Defendant also then stated he had cut a I cats throat DR JOHN DRIVER Had been a practicing physician for eighteen years i had been called upon for medical aid to Mrs Melvin i described the wound which was u flesh I wound EO BIHOOUI a u > muicaiu uiui u uuu ueuu inflicted by a sharp instrument A wound in that part is naturally very dangerous dan-gerous being over the carotid artery and jugular vein but was not deep enough to cut those K j HILL Proprietor of the house in which the assault as-sault occurred and the employer of John and Charlotte Melvin testified to having known defendant about eighteen years The assault on January 24th was the first difficulty ho had over known of between the couple Defendant had been on a spree for several days previous and up I to the assault Charlotte took the bottle bot-tle away from John about 9 a in I JOHN MELVIN I Was the first witness for the defense Tho first he remembered after January 24thj was next day when he found himself in the city jail had received a sunstroke in years past when in the West Indies could not remember any of the details of that date Adjourned till 2 p mIn m-In the afternoon the defenserecilled DR JOHN DRIVER Who had known the defendant over two years He deemed him insane on the 24th of January Assistant Prosecuting Attorney Hues endeavored to shake this testimony but tho witness insisted he had treated defendant twice for deer ium trcmens tho last time about two months before the assault on Charlotte He thought John perfectly sane now There was quite a passage at arms overtime over-time question of sanity or insanity the Dr holding that nobody could ever get entirely over the effects of sunstroke JOHN MELVIN Again took the stand called by the prosecution with an apparent view to prove his sanity or insanity He was I asked questions as to his parentage ela lives and previous history Mr lilies put the prongs of mneinotedmic tests into him with rather pitiless energy The I I English navy Utah Ogdin and other matters were made to forma I I form-a kaleidoscopic picture He had I been in the habit of giving an sprees off and on but repudiated the charge of being an habitual dunkard I He repeated previous evidence as t his i unconsciousness Asked about F A I I Shiells who is running the Salt Lake Brewery he admitted having been admonished I ad-monished by the latter to abstain from the use of drink He had always tried I to avoid the ardent knowing the bad effect it had on him but it would get the I better of him although he was always full of fun when he was drunk Notwithstanding Not-withstanding this he was hurting his constitution con-stitution He used to drink a little while he was in the British navy which he left in 1874 Did not drink to excess before he was 24 years of age Had known I Mrs Melvin abut three years before they married She had always been to him a I kind and dutiful wife R J HILL Recalled had over known defendant asa as-a temperate man till he came to this I country between two and three years ago Had remonstrated with Melvin to quit his debauches by refraining from ardent spirits Never before the assault had noticed any predisposition to violence on the part of Melvin MRS MELVIN Recalled by Mr Hues said she had told her husband after his occasional sprees that he had better quit liquor because it made him silly F A SIIIELLb Kept the Salt Lake Brewery saloon where he had seen defendant under the influence of liquor though not quite often at considerable intervals Witness Wit-ness had warned defendant never to touch liquor as i would disable him of i his selfcontrol THE TESTIMONY CLOSED J I The arguments by the counsel took place I the controversy chiefly pivoting on the degree of a mans responsibility under insanity superinduced by indulgence in strong drink it depending whether the I party on trial was or was not previously conscious of the fact that his indulgence might result in insanity During the absence I ab-sence of the jury this point of forensic psychology was debated by Messrs Hues and Smith Judge Henderson taking a C highly interesting part in the philosoph I lent disquisitions of the legal aspects of i the case At a quarter to 4 p m the learned F counsel commenced their wellsustained arguments to tho jury after which the judge postponed his instructions on the points of law and the admissibility of evidence 1 ev-idence this morning after which the jury j I L were to decide on the degree of the mental i t men-tal responsibility of the defendant i S Is > |