The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-03-02

case was resumed yesterday at 10 O'CLOCK in the
FIRST District Court before Judge Abel. Attor
ney-Genersl Belden for the State, and Judge j. B.
Cotton and Thomas S. Mckay, Esq, for the de.
fense.
The pistol produced in court as the one with
which the deceased was killed is small.sized
smith d Wesson's patent pocket pistol about
three inches depth of bore. carrying seven car
fridge balls, each about the size of small Eng.
lish pea, smaller than buck and larger than duck
shot.
The court having on Saturday twice overruled
the attempt of the counsel for defense to intro
duce the declarations of the accused made at an
unsuspieious period before the homicide as well
as the subsequent acts of the accused as a part
OF the res gest8, looking to the establishment of
the insanity of the prisoner Judge Cotton asked
permission TO argue the matter. The request was
granted, Judge Abel remarking that 10 making
his rulings be had at the same time reserved to
counsel the privilege of introducing authorities on
the subject.
10 his argument Judge Cotton cited Greenleaf.
section 1912 Greenleaf, section 37l-case of
James Hatfield for shooting at the king of
England, quoted by Russell.
Mr.. Belden contended that the defense must
show insanity at the time of the homicide, and
read the note to section l0l of Greenleaf, cited
by the defense, in support of this position. Mr..
Beden also contended that the opinions of physi.
clans as experts must be based on facts to their
knowledge, and not on hypothetical basis or
suppose ed state Of facts educed through the con
versations or observations of others, in order to
show the insanity of the prisoner.
By ne COut-The moment of the commission
Of crime must be taken as the test as to in
sanity; so that it must be determined whether the
prisoner was then rational or capable of determin
log between right and wrong. 1t would be too
dangerous TO give the conversations of the prisoner
10 the jury MS acts and declarations may De
given. II there was some action to indicate
insanity then conversations might be admitted in
The connection to establish the fact.
The court having thus ruled, the defense pro.
eeeded with the examination of witnesses.
Terry Mcclure. slcorn- Know accused we'll.
We often drank together. BE was on a spree the
night before the killing. On one ~ aston, the
day before the homicide, Tim Hays said to me,
Mcclure, let's take drlnk-it will be the last
you will take with me-" and looked well when be
said II. | did not see him again. Some Of this
witnesses testimony was ruled out under the pre-.
viOUs rulings of the court
Question by Judge C0ttoR-From what you saw
OF the accused that night, judging from his acts
and declarations, did you consider him sane or in.
sane?
AhsDe-Inssne. [Rnled out by the court as a
question not 10 be ans wered.l
Judge Cstton here reserved point made in op.
position 10 this ruling and applying to three wit.
nesses introduced By the defense.
Examination TeSnned-The HAYS brothers
worked in partnership. | saw Tim Hays at the
Empire House early in the night before the killing
Question bu Judge COttOn-What did you un.
deIstand by il when Hays said it would be his last
cepiion taken by counsel
Er. Re.-On The day Of the killing mel Hays at
be Mechanics Exchange. IL was under inn1
ence Of liquor. Mr.. rhos. Burton met him, and |
left them nesr the latiersails. Hays was drunk
when ] met him looked like a man l3borng
under efeots of a SPREE and on big drunk.
Hsys Crank very hard was not sober once when
saw 1 ssd TO 61Ig lis 9% fsmR h9na sers sT see
found him there at times stupid drunk. | have
seen hm qusrrelliDg with his wife; she would
cone with children after him, and could not get
him home.
Gross erdmitGtion-T was with accused, of
and On, during three weeks before the homicide;
had not seen him sober for five weeks; when
sober be was peacesble aud respectable; till he
90; TO drinking so hard his conduct was very
good never saw anything remarkable about his
appearance when sober. He was always in liquor
when excited something seemed, thought, to
be on his mind When | took drink WITH Hsys
at the Ph9bX he seemed dspidated, Is if on q
big drunk. | first saw Bays between and g.
the morning of the homicide, at the Mechanics
slrsighter, but looked very bad and excitable:
he was quietly standing in front of the latter.
sails when l saw him afterwards. Burton, I
Think, was in the croRd with him in front of the
Tottersslls; Burton did not drink with me.
ReeJdmined-Hsys was always Quiet citizen
before he took to drinking. During the time he
was drinking his conduct was wild, foolish like at
other crazy men drinking. He acted this way the
night before the killing Was wild and scary, 40
that v as afraid to zee him walking by himself
| have been on the police, Lave seen crazy men
snd women drunk.
II. Sheetdn SlcOrn-Accu5ed visited my place
of business. His character before he took 10
drinking was good. His locks were wild and his
conduct strange when he came to my place.
Gross. erdnined-His looks and conduct were
such as are usual with men intoxicated.
DR.. Henderson SlUOr7l-Testifed IS to the char
scter Of delirirm tremers, defining three various
A. a.
Two or three days constant hard drinking has pro.
duced delirium. Where q man drinks two three
or five weeks constantly he will have delirian.
Where one drinks daily, walks st night, keeps up
he will fall into delirium very soon for want Of
sleep-ssy in two days, IL he stops eating.
Cross eJdnained-Some writers divide the dis
ease as have stated. have never made mental
desses a specisty. have seen delrium attack
persona while drinking, but it generally attacks
q ter abstinence. Stimulants may restore, butmy
ueatment is TO stop the liquor at once. Diptho-
nauia is simple Drunkenness. Described the
symptoms of delirium. Without sleep, in forty
eight hours efter stopping drink delirium will de-
veiop. The character Of the subject affects the
development of the d sesse. A man may be drunk
and develop symptoms of delirium similar to those
of the disease, when one 1naccustomed to the
disease would consider him only very drunk.
Delrium is q disease Of nutrition. Supposi1g two
men Of same temperament, under same circum.
Stances, etc., should take TO drinking alike, With
similar loss OF food and sleep, and one OF them
had never drank before, that one would not have
the disease as soon as the other.
Dr.. HOlcGrd Smith SlCogn-A man is almost 9
monomaniac sometimes from drink. Instanced
case where one was perfectly rational on ell
other subjects, but told him be would have to be
held or be would jump out Of window. 0ne pa
tient had the delrium three or four times without
stopping drinking till attacked. DR.. Wedderburn,
United States surgeon on the Ontario, relates in
stsnces where Re had TO bleed sailors after they
had been on board but tWentyfOur hours, after a
dc baueh. Or, Smith also testified at length as to
The causes nature aud effects of delirium tremeus.
CrCSs-eramRed-Myg general observation is that
persons seized with the derium are generally
more fearful than combati7e, but some cases in
MY experience we're the reverse. In one instance
in my practice the first symptom of tho disease |
v ss deposition of the patient 10 shoot his sister
Have not made mental diseases specially.
Re eg0nQifs d-A victim of delirurl tremeas i5
of others doing him violence. Thisi3
one Of the characteristics of the disease.
Ir. Ho0d SlrOra-Hes known delirium tremens
10 result in twenty four hours after leaving of
DR. pkiug.
Cross erdmined-As general rule persons are
attacked after stopping drink. The shortest time
IN which have known parties relieved of the de.
lrium is twenty-four hours. weak constitution
could not drink hard constantly several weeks
LII 3 -..s-..