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Show A. J. WEBER ON THE WITNESS STAND Salt Lake Attorney, Representirjff Mrs. Southworth in Divorce Proceedings, Pro-ceedings, Testifies For the Prosecution in the Trial of Henry Southworth-t-Evidence Presented as to Defendant's Intemperance. . . , i Tho " stato this morning resumed tho Introduction of testimony" In rebuttal re-buttal In the Southworth case. Tho only new feature was a tendency to show that on some occasions ' Mr. Southworth, while under the influence-of influence-of liquor, was excitable and nervous and that ho was also jolly and good natured. . , Since the testimony offered by tho stato In Its" main case tended to show that Mr. Southworth waB Insane at the time of tho homicide, the theory of tho Btato now Is that he wbb acting under the Influence of intoxicating liquors and in a spirit of revongo The atato will undertake to show In Its rebuttal tnat differences other estrangement between Southworth and his wife and that tho couplo began be-gan dlvorco proceedings because of Mr. Southworth's attentions to other women. No testimony had been of-ferod of-ferod on this point up to the noon hour, but 1t Is anticipated that Judge A. J Wober, Mrs. Southworth's attorney, at-torney, who "was called immediately prior, to the noon adjournment, 'to tho witness stand will give some light on this phaeo of tho case this afternoon after-noon Sister of Mrs. Southworth Mrs. Maggie Bakor, a resident of Mldvale, sister of Mrs. Myra South- I worth, was called to tho witness stand on rebuttal for the state this morning and stated that prior to a few months ago Bho resided at Farm-Ington. Farm-Ington. ' Sho said she was at Mrs. Myra Southworth's homo In Farmlngton, July 4, picking raspberries and that hor sister Myra was there during tho day. , Sho also was at tho Southworth home when a party was given to members of the Italian band. Mr Hanks was not there. About July 10 or 12 tho witness, in company with Mr. and :Mrs EngBtrora left Lagoon for home arid at about -midnight -Mrs. Myra Southworth left tho resort In company with a Mr. Andrews An-drews of the Italian band. Sho saw Honry Southworth near his homo and he asked whore his wlfo was. Tho witness told him sho was coming a littlo way back. Sho had soon the defendant drink beer at Lagoon park, at saloons In 'Salt Lake, and at homo. After drink ing, urs, rumor sain, -uiui. ma ; would become "fearoy" and he would get nervour. He would 1 start on "lingoes" that could not bo "stopped." First his faco would flush and then ho would turn pale and got mean and cranky. She had heard him tell Mrs. Southworth to Jake her Tdds and get out of tho house "and all that kind i of dope." but he was always, kind j and good to the children. j On ono occasion. Mrs. Bakor said, when Henry was intoxlcatod, she and Mrs. Southworth went bo Lagoon, leaving Mr Southworth at home and Tho children all In bed," Bho sold that sho Induced Mrs Southworth to-go to-go with her to Lagoon j Had a "Dandy Time" On cross-examination Mrs. Bakor said sho "had a dandy time" at tho Southworth party She said that sho was nervous tho night Mrs. Southworth was coming homo with one of the Italians, fearing Mr Southworth would make trouble If ho found them together The wiU noss said sh advised Mr. Engstrom that he should go back and toll Mrs. Southworth and tho Italian, Andrews, that Honrv "was looking for them. Mr Engstrom did this. Had Passed Notes Mrs. Baker testified that she had attended Henry's trial from tho beginning be-ginning and had passed notes to tho district attorney, advising him of fea tures of the case. Sho said that she was interested in tho'caso only to protect the good narao of hor sister. Sho denied, that sho had said that if she was called as a witness she would forget a groat many good things about Henry South- . worth. I Sho told of a trip to Salt Lako a few yoars ago with Mr. Southworth upon which occasion Mr Southworth drank to the extent of slight Intoxication Intoxi-cation I Sho "denied that she and hor mother had over talked of getting A. J. Wobor to aid in tho prosecution of Mr. Southworth. A. J. Weber Testifies A. J. Weber, attorney for Mrs. Southworth In dlvorco proceedings against Henry Southworth, testified that tho papers wero drawn in 1907 , and 1908. j In 1909, a supplementary complaint j was filed and that In August, 191,1. j an amonded complaint was filed with a letter addressed to Myra Southworth. Ho talkod with Henry Southworth about the case. Judge Weber said that a copy of tho amended complaint In the divorce caso was mailed to Mrs. Southworth. The fetato undertook to offer tho amended complaint In evidence, but It was not admitted on the grounds that it had not been properly, identl- David Hoas of Farmlngton had lenown thQ defendant for a numbor of years and said that ho knew South-worth South-worth had been in tho habit of drinking drink-ing Ho' would work well for a whllo and then go out on "a little boozo." Thomas Jenkins. Funeral will be announced an-nounced later. DUOAN The body of John J. Dugan, aged 47 years, and up to a Bhort tlmo ago a resident of thl3 cltv, arrived hero yesterday from Butte, Mont, where ho died last Thursday Tho remains wero accompanied by the wife. The wlfo aud three children hnd not yet removed to Butte, and were residing at tho corner of Grant and Twenty-seventh. Ono ot the sons, L. J. Dugan, Is employed by the Orogon Short Line at Salt Lako. Tho funeral servlcos for Mr. Dugan will bo held at the Lirkln & Sons' chapel at 2 o'clock thiB afternoon. Interment In the Ogden city cemetery. |