The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-03-03
FIRST DI STRICT COURT.
Trial of Tim. Hays Charged with the
Murder of Thomas sinnott.
ApDrr1oUAL rEsrrMowx

The trial Of this case was resumed yesterday at
10 O'Clock, In the First District Court, before
Judge Abel. Attorney General Belden for the
State and Cotton and Mckay for the defense.
John Breen SlcOrn-Have lived in New Orleans
Is years Have known defendant about ak years;
he is plssterer; has worked for me. As far as
| have seen | thought him q pescesble man.
Never saw him in liquor but once; that was Sat
urday night before the homicide. l got him
Job OF work Tuesday or Wednesday before about
q week before the killing
Cross eJdmindtion-He seemed perfectly sober.
he finished the job. think he worked on it him
self.
Z. Carroll slrOr1l-Am painter. Knew Hays
two years intimately. Had no business with him.
Saw him in liquor only the night of this homicide,
about halfpsst O'Clock. Mr.. Thel remarked he
was very drunk, and got away from him. He was
well esteemed as an industrious, good and sober
man. ] worked with him.
Cross erGulindtioIa-He was very drunk when
saw him.
Mr.. O'Hern secorn-Con6rmed testimony of
previous witnesses as TO good character OF ac'
cused.
Mr.. Jordan s1orn-Known Hays four years.
| saw Hays in the Tattersalls about o'clock the
evening of the homicide. MIR. Thiel was there.
Hays was talking to some one. / thought him
actually insane. When went to drink he came
up without being invited. He was perfectly fran
tie, looking every direction. | asked Sinnott
what was the matter with this fellow. He said
he was crazy.
The attorney general. Belden, objected to this
testimony under the rulings of the court, as being
conversations. Mr.. Beden objected TO the i'm
pressions Of witnesses and conclusions of de-
ceased that Hays was crazy, or acted like an
insane man.
Judge,Cotton insisted LIST, on the ground that Sin
mott regarded Hays as crazy man at the fatal
hour I'd, because they were friends, and priso-
ner could not have killed him as friend if he
(Hays) was not insane and Sd, that Sinno.t,
when he approached Hays, knew he was crazy
al II hfa fura Ha
commended that the evidence was admissible to
show whether the accused was drunk or crazy.
The court ruled that the testimony might go to
the jury with restrictions. AS TO what Snnott
said, it was not admissible, and would not be If
Re alive 70 testify. The witness could testi-
fu 20 ,~-- sh4 5000 i~L~s aL. 4---sien ia
whether the conversation could be admitted to
show the nature OF Slnn0tts approach, but not 70
show the condition Of the accused. He charged
the jury theH, that what Sinnott said was no evil
dence as TO Hays condition, bat only as TO Sin
motifs approach.
Termination Rest1ne d-Ihave often seen crazy
men at jackson Asylum, Louisiana; nave taken
| crazy men there am a brick-mason; from my
experience, / certainly can tell a crazy man.
Question by Judge Coton-From your previous
| knowledge and experience and observation, did
| you consider him as an insane man?
AnSirer-He appeared TO be insane.
The question and answer were objected TO By
| Mr.. Beloen. because witness was not an expert.
Judge Cotton argued that witness was by expe-
| renee an expert; that witness was the Judge
whether he was or not; that II was for the prose
cution TO test and determine whether he was or
| not; that experienced men were experts as well
| as physicians ; that the Jury were TO determine
whether his testimony, analysed by counsel on
both sides, was credible, and TO Whist extent;
and that it was competent for defense to examine
| physicians on supposable case, parallel with
such a one as the defense might establish in case
of the accused. He cited Whartons Criminal
Law, vol. |, sec. As, page IL.
| Mr.. Belden, arguing to the contrary, cited pre-.
ceding sections Nos. 40, 46 and AZ, Of the same
volume.
The court ruled to admit the testimony as that
Of an expert.
Examination Resunled-I took him to be in
sane he was laughing. talking and crying No
one was talking to him he was then talking to
himself. Hays took drink, unlimited, with me.
Sinnott served US. | wac not there a. the shoot
ing. Hays was generally rambling about the
room when saw him. My attention was attracted
by the noise he made and bis drinking without in.
vitation.
Gross 1anined-Made two visits to the asy-
lum; took Mr.. Cbarpantier there. l remained
there an hour each time; saw the actions there of
crazy men and women. l do not wish TO be IN
derstood as considering myself an expert.
Q1testiOla-With what kind of insanity was Mr..
G. afflicted?
Ans,oer-I don't know; probably from marry
ing young.
Qitesti0n-DO you consider marrying young q
cause of insanity? Defense objected to answer.
ing unless the question was explained. The
court sustained the attorney-genersl's mode Of
examination.
Examination Resumed-Mr. @. went crazy In
consequence Of family troubles. He had married
young, against the advice of his family. He was
at jackson about six months first. A time Hays
and accused appeared alike. | do not know any
thing about medical causes and their elects, or
the difference il conduct between moral insanity
and dementia. ! should suppose their conduct to
be about the same. do not know the difference
between dementa and mOnOmania. have seen
n a.
tions (such as Hayss acts when they are crazy.
am not an eXpeTt-don't profess to De o Judge
except by what see.
Denis Burden SlcOTT-Am' 3 hsker. Knew
Hays well about nine years. Es.sished bread
at his house about O'Clock every morning.
During the three or four weeks previous to the
homicide only saw Hays at home twice. Once
was sent for by his wife about two weeks before
the homicide. | went. Saw Hays there-psle,
emacistsd, eyes reddish, diseolored asked him
what was the matter. Can't give his answer, I'M
der the ruling Of the court. His conduct very
strange-bad been before that. His mind ap-
peared bad, very bad. in my estimation. l saw
him last one morning about O'Clock sfterward,
about ten or twelve days before the homicide. He
was at BaTlOF's cOfieehouse. He appeared to have
been on spree all night, and that induced me 10
inquire what he was doing there away IRON home.
| asked him to take drink with me, and he would
pay for it. left, leaving my money on the cOun.
ter. BE looked somewhat demented.
Ed Burns SlcOrTt-Lived two years next door
TO Hays; known him and family since "a.
looked upon Hays as wild young man !; known
him 10 drink have not seen him sober. He al.
ways seemed wandering. Mrs. Hays was afraid
Of him, and hid knives from him. During the few
weeks previous to the homicide. Hays didn't know
what hour he came home. I can hear what is
going on in Hays house from my house. hsve
often put my hand to my ear TO prevent hearing,
as he abused his wife and children so bad. He
would go out at seven or eight at night notTith-
standing his wife's entreaties, and would not re.
turn till, generally, l, 2, or O'Clock and even
later. Such were his habits up to the time of the
knllng, saw MIN ia me lUUh'uP after tho houi.
eide. ] could not believe he was the same man.
BE wanted from me knife or pistol to kill him
self with.
Objections being here raised, Judge Cotton said
be wished to show by the witness that accused no
only wanted to kill himself, but professed igno
rance of any homicide; that be denied It, ap-
peared TO know nothing about it, and when told
by witness thst he had Killed sinnott, asked for a
pistol OF knife 70 kill himself. The testimony as
thus stated was admitted.
Termination resuned-Witness being asked
whether or not accused was insane, wGs answer
ing that he had seen him wandering in mind when
hn afa n1or fkor e.