, 1879-04-16

ctn tendency, rs vo claim; or whelhcr lie re.
gar!cd /. as m lH1pfopcs-a highly tn,propcr--
: sanses e6 t II; iii nusnce 1 @ iii II. eis ccs s n seete
uIe state Of hts mind then nhl thrreafser.n
81 prceunlc," says Stills, taking II IN: "i!nt
tlIe object is 70 present fact possy inl'irat',,
tl.e mental eon''tton Of lht; mail srn,nii.' ,ni'
not tlia mans ncts, ur',iton on tue sact. hut
simply tlnl hare, naked fnct, to wh!ci.., tho Jury
will 9iye whnteycr we!cht |, tae{ aes e. IT."
brotjcr:ha3 employed tl,ut word. Tint uarrows
this Investigation 50 rs to leavo uut
MI the elements which nrc .ncccssarll!
her Tint ts,,'t tile great important fact at all.
lu did foilu,Y her, md, rs Il Ia fact It Is I'D
milted. But his commentary upon tho tacs,
showing tho opinion IT. which he held It then,
and .l,e Judgment whicl,hc pnt upon Il, and
what II showed, that Is thu only fact Eood for
anything in tlis issue. II forty psople l'nd
been prcaent wl,on this collision occurred there
at 81 Dearborn, and had secn stevens When he
saw his wife With this woman st. Clair, fnceting
Two men in q strange plucs; hnd seen him
flame out In the widest excitement; seen hin.
utterly unstrllng about 1t: eccll the violent toi-
lislon occur; Heard lIi0l cast iinprccaions upon
ttons thus hurled ut the men who mot ilss wifo
would have been other facts,-a most ssGnttlca,t
fact,-fo they would l.nve exhibited precisely
thu estimate which Steven. PLACED Upon ,, M, t',G
tcst to which wo must refer in
determining the question as to tho effect which
the circumstance had upon Ills mind. NOW, arc
wo to 70 through with thts case, halluc!nK nlonE
here, shutting i mnu'e mouth here mud opening
It agatni Your Hu,ior has permitted ,ss grent
lntttude In showing not 60 much what llc sal',
but the topic TINT was tl!'n: hls mind. Now
We come to lilc solid faes'-fs wiEo utseosctea
tearity hu suspected, a woman who
hnl becn borrowing another ,nan's name
facts, We think, WI shall bu able to show.
Ills suspicion then aroused hc fo!lows tlef: no
l.as ,,sovetl he struck s4c man be ttst met. Now,
VIC want to snow what he said TO tlic fEian."
II don't know what place this was, says Lie
Court. II don't know anything about tho
place. Suppose hc had followed hor to church,
TIlcre arc increduluus SMILES from the know
iug Ones when ii Dcarborn is brought into thu
slightest comparison with q church.
I am eui,,E to bo ycfy careful says storrs
ly the ob1ccttvo point towards which tic intsslo
Is to bu aimed. This caso Is taking aolsc range
OF publicity, and the remarks you al! make get
nto sc papers oSs s.t want tc,o TO- lnqre npy
Fa!,t @ to say now tint there wis ANYTHING iis.-
reputable ~ to tho character Of " Dcnrbotn. I
don't know tltut there was. don't know TINT
there WINS not. 1eet re'ueta9t 'lia, e'9 nnout
think shnl be able to show that Mr. Stevens
supposed ts.nt ll,ere was something wrong about
IT. don't want to cast nny unnecessary mud
here in this business, nnd si'a!l not. Ilc case
they expected, md II eau prevent It's being as
entertaining III they expected, and do Justice to
my client, i shall llspcl It. There won't be
my more salacious seandals hero II can
Tie crowd appears disappointed q,
| sars Mr. Wcber. %1'hat Is a matrer betwce1,
/ the gentleman and Ills duty. What desire to
say Il this: That the gentleman canuot !',d any
authority under which words ase 10 have the
sgutfcatIou Ut facts, except when uttered at
the time Of the commission III tho oftense with
which tic party stalils CHARGED. They must be
intimately tnterblendcl aud associated with the
pustlcular tact In ISSUE mud OF which tile inquiry
| in question Is nude. II, at tho time. stcvuna
| bud been complained OF fur assault a1d battcry,
then, probably, his language would have been
| proper; but In this case WD arc not 1nIutF'
| lng as to that Iact, but rs TO a homicide
ulut he committed weeks OF months thereafter
so tat the Intervening ttHe IL too grent to Ulvo
to bis declarations lle Import and % sixnIfeato @
| pcrson ehargcl with crime cali bring In his own
declarations III Ills own behalf for the purposc
OF cxeulpattng MI ofrensu with which l!e ts
charged. II there 10 1tsy question upon uat, l.;
declarations Df u ilarty are not admissible un-
less connected with itle res gestp,-the conf
mission oi thu homicide" IN;
"1lad anpposeu, }" observes ar. ssorIs " taa
II don't bcliuyc h!s dtelaratton," hollis thst
| Court, "as It now sta1lds Ii competent owl
tlenco, nlll / shall rule It uut. All this tcstt
condition ol his mlnl-is tending to aliow til.
condition Of Its mind at tue time OF the HON!
cideln
!" Yea SIR" replies sfr. storrs.
And tlcn the examination proceeds aCaiu.
NELLIE sT. CLAIR AGAIN.
"To what room at No. 81 Dearborn stree
did you follow Yottr wl(cl"
at was not III nny room. They weEc at til
head OF tho stairs when got thcrc.n
"Do you know tho men who met then
ttcrcf"
~ knew one"
"Wlio was ita' ...
"uo is man on the West Side. lie is
gambler" ...-...,.
~ ask that that part be strlckan OUT" shout
MIR. Wcbcr. ut ia not responsible. His naul
was called for, not his occupation"
81 shall rule 1t uut,n sayS tho Court.
"I suggest" puts In Mir. Btorrs, "whetlicr th
fart thai lie Ia gambler Is important Ia TIL
connecticut" . ....
"No, s!r,' remarks the Court. "Ithink not,
nunsu't the quality ulnl character Ut m 1t
diytlual witt, whom he secs Ills wifu." peralst
Mr., storrs, something I'd 10 With this auc
tlonln
"Thas dcpcndsupoa circumstances" observe
Ills Honor.
asks Mr. HturEs OF Stevens.
~ Object" intorposea Mr. Weber.
III sustain the objection" is tho ruling OF III
Court, "tiun!bllnE Is wrong, but that IL nj
thu question in thts eAsc.f
aAo,n contends Mr.. storra, mot In this case
hut thu puint wc s1aku Is this: ,fle mind Of
MN would DC much 1nore excitGl II lie saw III
vile going wltl, gamblers than will! EentlutncE
Wo want io leave tint to tho 1ury,-whcthef
would bcln
"Suvo tho exception" Is hoard coming fEoI
tho Bench.
ibid You follow your wife to any othe
plucss1"