Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1877-05-04

say he was sorry he did it; should not hav
done 1t if he had not been drunk. n
cross-examinatiOn.
Mrs. Tatro recslled-She stated that EI
ward would not be twenty one until Angus
18th.
FIFTH DAY.
On the opening of the court respondent
counsel asked for little time to consul
with the respondent. Returning. Mr.. Bai
iard stated that last evening, after con
suitatIon with the prisoner. they decided tc
nave him go upon the stand after Dr. Nor
rill, whom they expected to use, but who
was unable to attend. This morning they
found respondent had had nervous. Sleep
less night, and was 50 unsettled that NJ
would be impossible fer him to 90 upon the
stand, and that they should be obliged to
rest their case. (The respondent sat with
his handkerchief to his eyes during most
oil the forenoon, and seemed much de-
pressed.)
The State took the case, and called Dr.
tasset.-Witness saw Ta,ro first after the
murder the next day, in the evening (Satur-
day.; examined him at the request Of the
States attorney; was there when be came
into the Jail with the officer; went down
into the prisoner r's room with him and ex
amIned him carefully; he was quiet, sober
and, as any one would be under the cir
cumstances, depressed mentally. saw
nothing unusual in his appearance;
ho seemed to have his reason
perfectly: | saw no indication OF
his having any recent attack of deirium
tremens. have attended persons with de-
llrlum tremens many times in the course Of
my practice of over twenty five years When
one has had the delirium tremens and recov-
cred he does not remember distinctly what
took place during the delirium. If per-
son had been taken with delirium tremens
Friday night, at nine O'Clock, | should not
expect to find him in the condition | found
Tatro, Saturday night
Gross -examined.-Sudden excessive drink
ing often causes delirium in some persons.
| should call it acute mania from drink in
common language it is called as crazy
drunk it is quite different from delirium
tremens; it renders them furious; they
want to fight some one it is opposite from
delirium tremens; it is madness it is
exceptional, only a few men have it or
dlnarily that condition would pass off as
quick as fit of drunkenness unusual ex-
ercise would help to throw it off. II was
NhAASh W floiL pdlItHI uTdIlk eNceSS-
slvely between SIX and nine o'clock, and in
the condition described by Thomas Bailey,
hollerlng and saying that men were alter
him. irving to kill him, at eleven O'Clock,
should think it might be q mania from
dIlnk 1t not otherwise explained. IL a per
son drank excessively at six clock the odor
might remain until eleven il he had drank
only little VIC should not expect to find
any Odor. Think a person in acute mania
Is as liable to attack his best friend as any
one. Grays Medical Jurisprudence and
Mandsley's Physiology of the mind are
good authorities.
L. u. Austin, eIamined.-( (Rcspondent'
counsel objected to States introducing tes-
timony TO show that Tatro was not intoxi
Gated or the night of June Cd Testimony
admitted. Exceptions) did not discover
any indications of Tatro's being drunk or
intoxicated that night. E.
AlonzO Seward, j. b. Cross, L. D. Cross.
Alonzo Seward. Jr.. Merritt Record, DR..
Searle, Lewis Christian, Thomas Bailey and
James A. Butler all testified, subjec; to re-
spOndent's objection and exception, that
they were present on the night of June ID,
and that Tatro was not intoxicated.
U. E. Sheridan. examined.-(E Evidence
taken, subject to respondents objection ard
exception.) Tatro was perfectly sober the
night OF June >, when got there; on the
way down | told him he would not have
done that if he was not crazy.
Cross-examined by Mr.. Geo. A. Ballard
When | put the handcuff. on said. "You
have been drinking" lie said be had not.
| thought smelltd his breath. lie had on
coat-a mechanics coat; it
may have been paint or varnish.
Mr.. Bailard-Do all Canada coats smell
of alcohol? (Laughter.l
The Court-Mr. Ballard. that is not
proper question, and don't you put such a
question again.
Mr.. Ballard arologizcd, saying that be
understood the witness to say that it was II
Canada coat, and should not have put that
question but for such understanding.
Ell Haskins testified that Tatro did not
bring any liquor to his house the first day
of June, and that he was not intoxicated
when he left at five o'clock.
Phebe TatrO testified that she thought
Tatro bad drank nothing the day he worked
Tor Haskins.
Rebutring Testimony on behalf of the
state closed at 1920 8. IN.
Mr.. Ballard said he desired to make a
motion before the argument commenced.
The State had put in q confession, made under
peculiar circumstances. and promises. The
respondent therefore moved TO have all ev-
idence of confession stricken out.
Mr. Royce claimed that the prisoner was
not placed under greater restraint than the
circumstances of the case required.
Mr.. McGe,triek stated that when the ey-
idence was offered they were unable to show
all the circumstances under which the sew
eral confessions were made: the court
should exercise its discretion now. and di
rect the jury not to consider it.
The court ssid.-when confessions are
offered in evidence it is competent for the
respondent to object. on the ground that
undue influence was used. and he may show
all the circumstances under which they
were made; il undue influence is used the
coart will exclude it. In this case no OBJ
lection was made at the time the evidence
was admitted; have never heard OF material
evidence being taken from the consideration
OF the jury when it was first admitted with
ont objection; did not think the court had
any discretion in the matter. Motion over
ruled, and exceI tions ty the respondent.