Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1860-06-08

o0t over some OF his attacks very soon.
Have not talked to Mr.. Dutton for six
weeks !; think it probable be could now state
and explain his defense to his counsel so as
to be tried at this time. Think it might
require some large quantity Of liquor to
make him get into the condition that he was
in when saw him last winter length of
time would depend on the quantity of liquor
and intervals Of its use. 80
Dr.. j. @. RIsLRY, stoorn. II. know the
defendant, and have for. four years, occa-
sionally have known his habits for year
past. think he vas demented from July
last till January. Intemperance cause Of
dsmsntia, and affects his power Of will at
length, 50 that he cannot resist influences
which are brought to bear upon him. In
January last, lie had tremens, but not
delirium. What he might say at that time
about his business could not be relied on.
Difficult to ssy how long it would take q
man to regain his usual tone Of mind. He
has not, in my judgment, been in condition
to do business for year. Do not think Mr..
Dutton now recollects what he did in
December; don't think he would recollect
in January last what he did in the October
previous. lie might reoollect some things,
but could not give lucid descriptions.
Gross examined. - Have not attended
Dutton since 25th Of January last. All the
insanity know Of the defendant is the
result Of Intoxicating drinks; his oonstitu-
ton favors these effects. a g.g ra5 .g..,l
DR.. B. w. THOMPSON, ssoorn. = / know
defendant have for some time-ever since
he came here. Have never been his medical
adviser. From conversations had with him,
should not think him for the last two
years in condition to do business
properly. .#, i 81 s-s.,ss.
CHARLES EVANS, soorn-I know defend.
ant have known him since he came here.
Know his habits well since year last JAN
uary. Did business at state Bank, and saw
him every day; he could not talk connect
edly - run from one subject to another.
Sometimes he would answer promptly, and
sometimes not = his mind was somewhere
else. Sometimes he would do business as
promptly as other men, and sometimes not;
sometimes would wait purposcly in the
Bank to get other persons to do my business
think during large portion of the time
last summer he was not capable of doing
business.
Jos. BENNETT, sworn.-Iknow defendant.
Have not known his habits for past two
years. Prior to that time, in 1855 and 1856,
did business with him; his general character
for honesty and probity was good stood
high was considered one of the best bust.
ness men we had in the community. Don't
know about his conduct last summer.
WV. II. STEWART, svorn. - Defendants
general character for uprlghtness and
honesty was good-he stood high. Did some
business last summer at State Bank /; saw
defendant under tue influence of liquor, and
when not in a condition to do business.
RICHARD MUssER, suorn. - Defendants
character for honesty has always been good
Did business with him q; thought him two OF
three times when / saw him under the
influence Of liquor. ........
CHESTER WEED, sWorn.-Have not letter
written by Hazleton; it is in Chicago, in a
suit by the Bank. The substance of it was
ackn owledging receipt of letter from
button & Patterson, and stating that he had
RENTED to Atwood & Co., New York, fol
account of Muscatine Branch, 1896, 40
The date of the letter was May-I think the
It'll of May--l859. 1t that amount had beer
RENTED, then, the statement now charged
to be false, would be correct. That amount
wss charged Atwood & Co. about the 10th
day of May, 1859. That sum is now in suit
it is disputed. Don't know Haz'etcn''
handwriting. l believe the letter was
genuine. Mr.. Dutton has given me property
to secure mo to q certain extent. Dom
know its value-not as much as the bonds
men will have to pay. Don't know that hi
ever refused to do anything in his power
don't know what was in his power. Since
lst January, he has talked freely with nc
don't know that he attempted tc concea
anything. He conveyed me real and persona
properly. That is list of the property
button conveyed to me. ....... ...
Cross examined THE suit in Chicago il
brought on an account to be proved by the
letter, The 5000, 40 was charged up il
! May, as subject to sight draft. Defec dan
was then Cashier If the letter was from {
responsible party, it would be proper, OF
that kind of n letter, to charge the amour
to Atwood & Co. The letter Of IIazleton te
Dutton & Patterson contained referenc,
to enclosures. [Discoutt Register, as tt
DuttJns draft on Hazleton, shown witness.
Those drafts do not appear to be paid.
Mr.. button told me this S., 36S.40 should
be charged to Duttoa & Patterson, and il
remained there till March, when it wa.
credited Dutton & Patterson, and charged tt
Insurance Company. ..
Gro. LOWE, suorn.-I know the d. PENDANT
for a yesr or more; know his habits. LIZ
has paid me money several times when
was "strapped," and he did not owe me-
Would give me a check for $;25 one day
when he did not owe me, ana the next day
give me another check - this as in Nov
Ia, ~,
forgot it. lie DO ,rds'! at my house; has d
wife and child, aud servant girl.
Defendants affidavit for continuance, Sc
far as related to his previous good character.
read to the jury, as evidence tor defendant.
K. r. WILSON, saoor.i.-The value of the
property conveyed by Dutt"n to Weed on
that list is 50 50 per acre, in good times in
Woodbury., Floyd, Mites and Jones coun
ties, s6"r 81 Denton county, $50 800; Story
county, So or 80; Madison county, IS
Harliu unty, S.; Harrison, 'pstsawotta.
mic, Shelby, Audubon and Decatur counties
So. Lands in Minnesota | don't know the
value of; nor Of those in Louisa county.
SO or $40 the value Of other lands and lots
stated
[rhe Court was eng sged from Tuesday
noon till Thursday afternoon taking the
preceding testimony. MIR. O'Connur then
address Ell the jury for the prosecution, and
was followed-by Messrs. Butter and Richman
Ior the defense. Much interest was mani
fe-tcd in tho trial by the public The Court
room was constantly crowded with attentive
listeners, and during tho speeches of the
lawyers many ladies were present. Mr..
O'Connor concluded his closing speech about
4 o'clock, Friday afternoon, when Judge
Dillcu delivered the following charged
TIE COURTS INSTRUCTION TO TIE JURY.
Gentlemen Of the Jury 1t is obviously
necessary to an intelligent investigation aud
decision of any case that the issuss-the
points to be determined-s should be clearly
apprehended, and distinctly recognized aud
kspsin view by those by whom the decision
is to be made. More especially is this
~ II,