New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-16
CRIME.
TIE PRrScI.sT. HoMucmT.

TRIAL OF JERRY o'BRIEs CONTINUED TEsrBRDAY-
OPENING or THR DEFINsp-wiTSESsgs KxAhISED
PROBABLE CLosE oP TIKI CASH TO-DAY.
Yesterday. tho Court of General Sessions was
occupied with Che tai Of Jere.sh tie murder Of
Kate smith WHICH was commenced Tuesday. The court
room srrpNded v nh spectators
OBrien the prisoner nttenrvey gazed a. but he did
not present. NE 50 ~ appeara ~, o. ~ e &
head long ntssTss Tho prosecution rested the case IL
She morning whesa calling any visss and tho side for the
The Hon sidney 4 Stuart the colleague Of NJ Edsari D.
Mccarthy Ia defending prisoner stated izcas He said
tie defense hoigis That me evidence Tor the prosecution had
afforded sufficient evidence 10 tie prisoners life They
did rely upon Justification but pahton The counsel pro
ce,ed at length orcycg history of tic nsroa existing
between the prisoner and the dcCcls girl Tic y must NOS
Judge by his Standing but mast take into consideration
he surrounding circumstance Of rriue.
bered that the ps0nef had solicited The gr % fa'e life Of
sin and pollution honsc % proautiOn Tie boy became
seized with affection which may lnos, be called
a disease Of tbs mind lie loved the girl and
the passion with him Nns intense and uncontrolled ne pro
tested and persuaded her 10 leave that place He found she did
and Jealousy took possession Of h heart AID with n came
They togehe he drank and drank again until nj last
deiTium as came, would BE- proved While inoH
planned character and state OF the mind Tie counsel crit
esea the evidence o. % m oI The gaon paS
said une the prisoner proved be Of asnonal mind be
could be found guilty OF murder in the first degree
ARE TESTIMONY.
Officer Matheg Glynn Of the Eighth Precisst Police 10
first testified for tho defense Ito the pms
oner the Goth Of June last him co and after nc
hOmee did not observe him particularly before the murdcs
bleeding his neck that times he also bleeding from
top OF the head thought he was insensbn when be lay
the landing heard Capt Mills make o
tion about the life o. the prsonca never heard Capt Mills call
the prisoner I'D thief
Smith STAGE the month Of March; tell how long
Jerry Brcn 0onsoried with sr he Vi d her during the
know what time Bien To Canada; Kate Smith paid
her board bill have Jesse Alien art time sax him
the sabbath morning previous TO thus affair he rang
dOorbel aud asked 70 see Kate and weninp 10 her
Cross eIanined-Neyer gave 0irien Key the oS door
never paid me dollar ior her board.
Captain 3 L Mills Of the Eighth Precinct Police ,.stihed
Have been pice captain about -four Brcn TO
the stsoR house in charge Of Offices Gynn and Chase
OBrien confessed that be murdered killed Kate he
dil not say killed her he said he d,d IL UBen
the hospital did not Gnp To him hen the word that he
thief before the commission Of the murder only knew
Ore by reputation IA question 20 whether his witness
houghi that The murder was was ruled cat by the
George Norris tesiifsd-Liye at Ma. n Mergsrst
printer have Oiren lin the 10Th OF june,
about O'Clock; recognise this Pspee he letter Kate
smith by OBrien)i w5,:e part Of the 2rh OF june
OBen had Wild vacant Ook In us that day did not
hnLy pa Of that Latter was Written By me at biz request hl
! sal bis hand tremblel 80 that he oosld NOT writa.
seKamine-WIote part of the letter 10 not know
vino wrote remaining part the letter. IL written
lager beer in Spring stopped writing when Orsn
saloon len ,be letter lying ON table IN the back pa,
Of the ROOM did understand that doing confidential
| thing for o Brien when wrote his letter.
Mrs Ann Bgen tesfedAm the mGther Of the priseRo
~ the bar live No. ~ Chrstopherst my TO Can
bSad bis iher Is dead tho date Of Bis lest is shown Il ii,
Bible my husband in 40 derum uenens at the tine
| bis death.
William 81 me testifed-Am a physician q graduate Of
Trinity Colege Dublin; have Olon before him
Malone NcwYOrk he was there Eenian no under
my treatment there the l4th 18th june blow
struck upon the head WITH sneh nsge knife the used
bv The prisoner would produce instability when 0BieI
came 20 me for treatment he said he restless and could
sleep any he told no had been drinking time
formed nv diagnosis and 70 the conclusion
been suffering under ATTACK Of hlnm II he
ined drinking up the time Of the murder tho dsease
have been sggavatng suicide generally symptom
insanity In some cases Indication 0f nsnnity there
difference between intellectual and neral insany incec
ua inssny mind Is cxcted in moral insanity the feeling
and passions ara excited without affecting the mind.
The counsel for the defense Mr. Mccarthy stated the
dtion Of hypothetical person similar that Of Bien
before the day the murder and asked tho witness VIA
! would Do the eject OF such condition. r.
Witness-I would produce partial insanity.
not know that Hen continued drn K
ing from the l4th Goth Of June differs
santy; insanity form % diseasc-remorse person
suffering renofse crime they had committed would
likely 70 commit suicides Jealousy Is admitted 10 be proof
moral insanity, the Is dethOned when SUFFERING
under moral insanity; revenge Is feeling Of hatred It Is III
fury OF the mind anger is slight fury; 1t Is diseas
OF the mind like insanity.
Eedlrec-Neyer made the subject of his sanity ,pecin
study. ..... ..
Mary Elizabeth German testified Live at No O4 Wooster
st aui "a years old know OBren; heard the testimony
Fora ST Clair for the prosecutions she spoke about III
prisoner al the bar she snd cd d-n his numbering hear
ohl be ought 10 be hung and IL can hang him will