The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-11-14

aooo' hhu cOnIlnued ABOUT the same len nth oil time,
PROBABLY not so long as the first and came to the
sane conc usiOn as before; nsensbiity TO heat and
cog, lnc0herence OF language, condition OF the
puse as nave described, codness OF the extremi-
ues ana such things, the necessary cOncOmtants
day.
Dr Senderling swoIn-I have been practising
! meIlclne about nineteen years; saw the prisoner
ID January 1856, and was examined at the trial; 1
conversation with him TO find out his condition a.
to sanity or insanity; formed the opinion then,
| sane man,
Captain Curry recalled-I have heard of the per-
| sons named Wright with whom Maguire lived; [
found that they had left the city and gone to Troy
! New York, but could not find them.
! The defense closed reserying the right to call Dr.
Cregar, should he come IN.
The Commonwealth called the following witnesses
| in rebuttal:-
Mr.. Grubb recalled-When the prisoner was first
brought to prison after the occurrence he an peared
much excited pacing the floor with hs HANDS on his
head as though III deep thought wringlng hIs hands
and appearing distressed; It may have lasted five or
ten minutes while was at his cell few days after
that he became calmj had frequent conversations
with him on the topics OF the Gay, and saw nothing
strange in his manners he wanted to talk about re Il
gion; was in Court on the 9th of November and
saw him, and had an opinion then as to whether he
was sane or not saw nothing that dav or for weeks
or some months before, that would lead me to think
| he was insane.
Judge Allison thought the witness sbouId state all
! the facts and then give his OPINION g
The witness resumed, stating that he called the
prisoner as usual morning. noon, and night aud he
recognized HIM; sometimes he would take hls meals
and at other times would decline taxing any saying
he had sutlcenti in his cell noticed nothing stra ge
! in his actions manners; | notlced he had arSe
eyes but did not see anything flying, described
Counsel for prisoner objected to witness giving
an opinion as to the sanity or insanity of the
prisoner, as he was not learned in the subject
Inc Court decided that any man could give an
opinion Of things that came under his KNOWLEDGE
Witness resumed-Aly opinion was that he was of
SOUND mlnd at mat time; believe he was sane in
the summer OF 1864. The witness aga,n detailed
the actions OF the prisoner when he first came to
prlon, and said that his opinion was that he was
Lieutenant T. Wood Mckinley sworn-I was ser.
geant when the prisoner was brought to the Central
Station; was not there when he was brought in
but saw him the next day; he said he did It, and
knew what he did 1t for.
Cross-eXamned-Tne lieutenant of police then
was lieutenant Henderson; he had CHARGE or the
prisoner; he is now dead; think dr. Ormard was
the turnkey then, and he is dead; can't remember
to whom the language was addressed.
DR.. Smith recalled Il saw the prisoner when he
came into prison, before he taken to a CELL and
had conversation with him fifteen minutes after
he was placed in his cell; he was doWncast: had
been shedding tears and expressed regret for what
occurred; ne seemed RATIONAL humble, and penn
tent; nothing attlacted my attention about ms
countenance except he had been she dd1ng tears; 1
heard no comp plalnt about his not taking his meals
at that time and up to the after part OF December
looked upon the man as sane man,
Cross-examined- have seen men two weeks after
paroXysms perfectly sane have not seen men per.
tecty right IN forty-eight hours after derum ire.
mems; the delirlum lasts some time; nv observa-
on Is that reason gradually returns,
MIR. Mann-Now read 10 the Jury the record of
the case through lis various phases. Tins record
had been put in evidence by the counsel for the pr
soner. Ihey, however, objected to its being read
at this time, and the objection was oyerrulea The
ground OF the objection was that the book read from
was only minute book and not record.
1he Court decided that the contents of the book
composed the record.
Counsel Tor the prisoner handed q noto IN tho
Court TO account Tor the absence OF Dr. Cregar be-
cause o1 his being sick, and announced that they
closed. MY
Mr.. Mann summed up the case for the Common.
wealth. He said the jury were not to be influenced
by weeping trends or the actions from the dock
but they were to decide whei her the head of this
prisoner was rational, and the heart that prompted
it was responsible when the pistol was fired that
TOOK the lie OF human being. He referred to the
record to show that the clear eye of the law was
ever Watchtul. The prisoner had righcs under the
law, anulclalned time TO get his witnesses. which
was given him. Then, when the trial was ready,
the counsel In the cause was stricken down by dis.
TO be insane. The Court was cale to test the
issue, and SO in every phase OF the the tribunal
was ever Watchul and always present.
Alter reviewing the shocking and pitiable life of
the girl who was killed
Nj. Mann SAID the prisoner seemed 10 think she
was good enough Tor him to coDsOrt with and spend
his money on; yes, good enough Tor beaer or for
worse Ilgls prisoner was high-tempered when his
parents attempted TO correct him he not bro Ken
in time but permitted to have his Way too long
SUCH was his character when he said If tnis woman
did not live with HIM he would shoot her, He VIII
liam a. Mcguire, would shoot down a woman be-
cause she dd not accede to all his Wishes as though
he owned her or controlled the town. 1t was useless
TO go back to the grandfather this man to show
his insanity. OF the witnesses called none but MS
relatives showed anything ike insanity on the part
oil the prisoner. The confinement might have aE-
fec ed hls mind for who that loves liberty would see
tIom his PRISON cell the suns OF summer ana the
SHOWS OF winter without having his mind more or
less affected! II was not the duty of the Common
wealth to show that this prisoner was sane for the
law presumes he was sane. The duty OF the Com
mOnwealth was to show. beyond all reasonable
doubt that the prisoner killed the deceased If the
counsel for the prisoner declared the prisoner insane
at the time OF the killing, 1t for them to show 1t
ssA5 n Rzts
Mr BROOKE 10 lowed Tor the prisoner, and com
menced by 6rllhant and masterly illustration of
the law and the wisdom of having trials by i1ry IL
was not reasonable to suppose that the prisoner
went to the theatre TO shoot down this woman in
the presence OF several hundred persons. 1t had
been shown that the deceased gave an affirmative
answer TO his propositions, whatever they might
oSt 9eeh Ss de any necessity for carrying
gong back to the very foundation of this mans
plood 1t was found to be poisonous. In Childhood
ne ne had gwen evidence OF Insanity, and when sent
TO his uncle 1t was there discove ed that he was
insane. Then he joins the army, and there
also he gives evidence OF insanity, and was
given vacation, when, instead OF going n his
nome he came TO this city, ell in with bad com.
pany, ana ms he OF vice commenced and ter.
minated IN iour short weeks. The associates
he met with caused the overthrow of his Teason
which eliminated in the sad result now being eN,
amined INTO by the jury. Shown to be ahectionare
from childhood, he loved this woman with ali tn
depths OF his ma uTe and went to the theatre to in
auCe her 10 reform her life. When he had her
the mind OF rational man Tor shooting? The same
cause that chained him to the door his cell camsed
that shooting. The career of the prisoner wac ~
viewed while ne was incarceTated, and the verdict
OF former jury referred to, aud the jury asked to
well consider and carefully scan the testimony on
all these points, ana say the prisoner was NOT gu,It
because at the time he was insane. '''
Messrs. Cassidy and Mann will c,ose the argument
this morning.
The prisoner was far more quiet during the altar
noon than ne has been heretofore During large
portion OF the session he was lying upon the floor o.
the dock, and did not give murmur
The further proceedings III Inns case VIII be tOuud