New-York tribune., 1874-03-10
THE COURTS.
KINGS ALLEGED INSANITY.

uIs MENTAL IRRESP0NSIBILITY FOR THE KILLING OF
o'NEIII,-TEsTIMoNY OF MANY PHYSICIANS.
Yesterday in the trial of James c. King for the
murder os Anthony +. ONeill in Pne-st, the day was
devoted almost entirely 10 the evidence bearing upon
tho question Of Kings mental condition, and the TAMIL
explanations OF insanity demeniia, and the Ike were
repeated with the inevitable hypothetlcai question
whioh recited for its supposOn the alleged actual con-
diton Of the prisoner. The witnesses peng caIleu oS
the defense testimony OF course all In the prs
oners favor except the afterhOughts elected by the
sharp crosse amiuaons Of the DiStrct-Atorney The
form of insanity applicable 10 Kings case was described
as epilepc, and the witnesses included Dr. Isaac L.
Kip, Medical Examiner TO the Mutual Life Insurance
Company; Dr. Ernest ID. Page, and DR.. Henri Gouden
The Dumber of people in the courtroom, small at the
beginning swoed TO large crowd before the days pro-
ceedings finished aud among the spectators were
number Of ladies'.
The first witness called was George McCann OF No 49
East Eighteenth-s ianor Of the Stuyvesant Building
the simple point OF testimony was that King and
his family and servants occupied apartments there In
1871 and that they lived in good style. DR.. Kip who
was examined by Mr. Howe stated from an examina-
tion Of his register though he did not remember the
fact personally that he examined King on April TO- 1862
Judge Brady directed King TO Tise and then Dr Mp
after few moments said: Excuse me, do remainder
MS features now know him personally. His apphca-
ton or a policy was rejccted he made an unfavorabe
impression Looking at this paper, aud he stated ID
his answers he had one uncle who was insane; at he
had met with business troubles and that his NINA was
sometimes disturbed. / knew then that the eompan!
didu want him" To the Distrct-Attorney hr' MP
smoke stin moro emphaticlly, adding that
he disliKed Kings looks very much' he
examined his heart aud lungs, hut could not reeolect
,,r.,cnlarly what he discovered, IL anything, more
than was revealed his answers. The reason he ana
not ike his looks was because he appeared delicate and
excitahe; pu tho Doctors last words were that he
judged from the prisoners condition that there was no
indication OF any particular disease.
TIE LAWYER Frank j. Dupignac who was the attorney
for Mrs King aud the murdered man. and testified Tor
tho prosecution days ago, was here recalled 10
identify teegrdms to himself from King, one dated
aug. s. 1872, requesting meeting in New-York, ana
another OF Aug 10, asking, "Wbat is the meaning of
these papers Obe papers in the replevin suit of Mr.
Folk. for whom Dupignac was also counsel against
Kiuci. Dlplgnac having stated that on Aug
u, after be had notified to King that ne would
called az his office aud had conversation with his oppo
neni Mr. Folk which lasted some honrs. was asnou py
MI Phelps what the suhecl OF 'hdt cohSoISataoI Va Ma
Mr.. Beach strongly objected. on the ground that
answer was insisted on by the DsirictAttorncv pro
tested against such scandal as permitting Mr Dnmg
reveal what took place between nm ana King.
for whom ne had been acting attorney Judge Brady
held otherwise He said there were numerous decisions
that communication TO lawyer IN the presence or
third party not privileged. IN this case the third
party was the prisoners Opponeut and the other lawyer
that the subject the conversation was Folks repevn
suit against kIng; portion Of 1t related to compro-
The defense here offered IN evidence teecram from
ONeil ia the baggugem MASTER Shore line. New-YOrk;
ElsttOday" aud auOihcr to OMEN from New bedford
Mas July g. 1SG9 asking to nave papers sent on 1t
The next witness was Dr. Page Of No &c West Twenty
sXth-st. a physician OF 20 years standing
wno SAID from an examination OF the prisoner
made 1869 be found his Deart and lungs affected ana
nat he was suffering nervousness He acted IRA
Ocean House. Newport and m ls7O at the Clarendon
Hotel he in the same excited state. After that,
the witness eve All a set of lunatics" Dr. Page
also attended the prisoners children and one OF them
aud said he Thought he had raised blood dGrng & tte
night, and his tongue wdscut the witness tod nlh 10
gO to dentist, ANA he came back and SAID the dentist
told him there nothing the matter with his teeth
some time aiterward In 1870 witness let I' Once one
day. ana his return saw The prisoner lying on the
sofa. his hands cincled his NOUN drawn aslde' ana
ncated his domestic troubles 10 witness aud after that
he was more dcPrrsscd the day before the homicide
witness saw prisoners nc was very doWnheaIieu az one
moment. ana the next he would sing "Good-bye john
several other witnesses gave testimony IN regard TO
the prisoners physical condition.
Alter a recess half hour Police Justice Edwin
Hogan tcfied that ne met King, IN the Fall of 1872
IA palace NewJersey Railroad; King paced up
on The rear car who has got my wife, what am
DOR The witness advised him 10 take legal steps
KING said he mad already done that. and ADDED,
with Oath, that the man was trying to take his
children from aim. The prisoner was very much ek-
attention OF the witness 20 his vile and the gentleman
with her.
Dr. Henri Goulden physician, of No. 2s West
Twonty-secODdot gave evidence 10 the yar4Ous de-
erees Of epilepsy aud the tendency of suffering
from that disease excitement and insanity The wit
ness wac given outline OF the evidence in regard TO
tendency epilepsy among the prisoners relatives.
the disease of the lungs the fits from which the
prisoner suffered, the remarks he had heard about his
ish0nOr the insults Of the deceased and then MI
Howe asked hn whether I'm his Judgment, the prisoner
was sane insane when he fired the fatal shot. The
witness replied promptly, He was insane" Tue quick
and readiness OF the answer caused "a burst OF
laughter audience, IN the midst OF which the
District Attorney dismissed the witness with the re-
mark that hc had questions to ask him The Court
then adjourned. IL is expected that the case Will be
giye % T. Jury TODAY.