Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-04-18
THE. MURDER TRIAL.

THE. MURDER TRIAL.
The Closing Testimony for the Defense In
troduced-The State Introduces RebmttoI
Testimony Witch Seemingly Knocks the
Bottom Out of The Insanity Dodge.
MORNING SESSION.
Upon the reassembling of the court and
jurors yesterday morning in the Toohey MUIR
der case,
WIN. B. HOUSTON,
the convict serving out sentence at the state
prison for attempting to rob hoffman last
fall, was introduced as witness on the part
of the defense, he having been in the county
Jail at the time TOOhey was brought there.
He described the appearance OF ToOhey when
brought to the county jail, stating that he
claimed to be haunted by visions of snakes,
dogs, owls, and the like; he said ON the first
day Toohey ate nothing and talked all that
night. The next day he was some better and
ate a little.
Cross-examined-He thought some one
was after him, the victuals brought to
Toohey he did not eat and we threw them
away when we cleaned up after the meal; the
first time TOOhey ate was on the second morn
ing; he ate piece OF bread; he didn't eat
good meal until after he got some medicine
from one of the turnkeys; he talked of seeing
animals for two or three days; don't know
of any one calling the attention of the doctor
or the officers to Toohey's condition.
With this testimony the defense closed their
case, reserving the right to call Oh Ger Nolan
if they should deem expedient.
JAS. HOGAN.
Ill 4 H. Ia. T..
rebuttal. Being sworn he testified. Was bar.
tender at Jake Barge's on January 4th;
Toohey came into the saloon at some time
the morning of the homicide; he called
for the best whisky; gave it to him; he paid
the bill and said "good bye, you'll hear from
me;" there was no perceptible tremor nor
nothing unusual in his appearance; have seen
many men with delrum tremens and have no
ticed their appearance.
Cross-examination-I was at the bar some
time; don't remember who drank Immediately
before Toohey or directly after; my attention
was called to him because it is unusual for
man with his dress to call for 20 cent whisky.
SERGEANT WEST
recalled testified Toohey came to the lock-
up and gave himself up to me; he said ne had
shot his wife; he wanted to be locked up; he
said he guessed he "had finished her this
time;;" he said he threw the revolver away;
be acted excited as though he had been drink.
6; noticed no tremor whatever; no protrud-
of the eyes.
OFFICER sToDDARD
sworn, gave the same statement regarding
Toohey's coming to the lookup
and delivering himself into custody
as testified to by Toohey; when told that she
was dead he said he was glad; noticed no
trembling.
CHIEF MUNGER
testified az follows: Saw defendant first be-.
tween IL and 1 o'clock on the day of the
shooting; when told that his wife was dead,
said that he was glad for she had been untrue
to him; asked what he (witness) would do If
it was his case; said he
OUGHT TO HAVE KILLED HER BEFORE,
because she had been untrue to him; he was
under the influence of liquor; saw him again
at night; took him to the court room; noticed
no trembling and no appearance of being
wild.
Cross. examined-Flrst covered with him
about ten minutes; wasn't over ten minutes
the second time when we went up into the
court room.
The defense then introduced their last wit
ness,
OFFICER JAS. NOLAN.
Am police officer of this city; arrested
Toohey about a week before the shooting:
Mrs. Toohey called me; she said her husband
had driven her from the house, and she was
afraid to 60 back; TOohey hid IN the bushes;
said be was afraid some one was coming to
kill him; told him we were police, he answer
ed "all right" his wife told US to look ont as
he had pistol and might kill us.
Cross-examinatiOn-I have seen lots Of
drunken men act as he did, did not threaten to
kill his wife; he said he had never suspected
his wife until lately; he seemed to be very
angry with her.
Redirect examination-He shook hands
with US; it trembled at first; seemed pleased to
know we were officers.
Recess until 2 o'clock.
AFTERNOON.
At 2 o'clock the state continued rebuttal
testimony. The first witness called was the
jailor Of the city lookup.
o. II. BATCELLER
sworn in rebuttal on the part OF the state, tes-
titled:
The second time saw John Toohey was
about midnight of the day of the murder, he
seemed quiet and asked what time it was; be
had sobered up as compared to his condition
when had last seen him; saw no contortions
of face or any other feature of the kind: in the
morning following he seemed quite affected
and cried, etc.
Here followed sharp discussion between
the attorneys upon the question being asked
as 10 what he knew of patients suffering from
dellrium tremens, the defense OBJ
iecting to the question on the
ground that the witness was not an expert
inasmuch as be was not a practical ply siclan.
The court ruled that professional wit
ness may give an expression of his opinion as
to whether the defendant gave evidence of be-
ing delirious. After considerable further dis.
cussion the court reversed the ruling 80 that
the witness should be confined to facts rather
than being licensed to express an opinion.l
Q.-During any of the time in which the
prisoner was confined did he yomit?