Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-04-15
T0OHEY MURDER TRIAL.

the Stand.
The ToOhey murder trial was resumed in the die.
trict court yesterday morning With judges Young
1ochren and Shaw on The bench.
A.w. DEAN
the frst witness called
Am an engineer on the Minneapolis h s.. Louis
road; found the revolver in the shed back Ct Too
hey's house after the murder
Cross-examination-The revolver was not hid
den; Il was lying pile of straw IN the shed.
SAMUEL LAUNGER
testified; On the Sunday previous TO the murder
Mrs. Toohey hid Mr. Toohey's revolver, and OF
Monday morning he went, when : was with him, to
90 cent store and bought another; he was drunE
Ut the time; did not see him sober that week; was
excited.
The revolver and the bullet found il the body
we're offered N evidence, when the state rested.
TIE DEFENSE
The defense then opened their case, Mr Erwin,
counsel. made lengthy and elaborate address to
the jury. He based his hopes upon an acQuittal On
the evidence he proposed to introduce which should
show most conclusiVely that the prisoner was in
sane-that insanity inherit-d-his uncle having
died from that disease and older brother suffered
many years from 1t also.
He asserted that il was the duty Of the
prosecution TO show malice sforethought, but
N that particular they had failed most sgnsly He
did not believe they had any evidence to th.t end.
At one time when haunted by insane Authorizations
had attempted to commit suicide, as the frightful
scar in the throat would clearly show to the jury
He referred to that species of nsan ty which impels
men to murder wife and children. He also stated
that the prisoner periodical drunkard, at times
ne wonld drink down pint of liquor, which would
induce temporary insanity. Mr.. Erwin's narration
q the circumstances. which he asserted lead to the
deed, was well calculated TO influence the Jury and
was closely listened to by courtroom full OF spec
-ators- 1.-THE close OF his address
JENNIE TooHEY
called She testified f0llnvs. AMI vesYs
old; the eldest daughter of the family; father has
always drunk excessively after drinking he was
nervous and excited; appetite was poor and was
sleepless; once he imagined there were two men
after MIN; ne ran home and hid this was three
years ago; afterWard he imagined he saw the men
coming IN the room; IN the May following
on the train be was afraid the passengers
were after him and hunting him; We gave him
liquor at the stations to quiet him; they lasted
from Montreal and Minneapolis; father signed the
pledge last summer; he commenced drinking again
about the middle of November; about three weeks
later my brother killed; from the time he COM
menced drinking up 20 The time OF the tragedy he
drank nearly all the time; once 1t necessary 10
have him srfested; thai did It stop his drinking;
TWO or thrre days before the calamity he YVES more
nervous and excited than usual; he went out to the
Vault to make arrangements 10 have my brother
buried without mother Or knowing of it. gave no
reason: about 10 80 O'Clock the night before the
homicide father came home; he very Wild said
ne couldn't sleep wink all night wanted my little
brother to stay with him; heard him walking around
carrying the lamp; called mother bad names; said
she was talking about him was putting me against
him: nailed down the windows; once in the night
ne sent Eddy up stairs to wake everybody up; said
we had slert enough: he got the revolver Christ
mas week; we had taken three four away from
him; he never carried one only when drunk; used
70 say man wasn't safe without one.
BQ-Do you know what the condition OF your
mothers mind was?
Objected to and admitted.
Ayes.
Witness continued: She told me she was afraid
OF her fe during the early part of the night heard
him rattle the dishe. and stove. move chairs, open
DOORS and heard him talking; father was always
Kind to me when sober, but acted differently to-
wards mother; got him breakfast and he said
didn't know howt, cook 1t; then Miss Haggerty got
one and he wouldn't eat it, and mother fed part Of
it to him; he looked wild, pale, haggsrd and rest
less.
Gross Examned-Heard father drinking out of |
the bottle during The night quite often; drank from
the bottle next morning; drank often; he was in
the house all the time until went away at 80;
when father sober he sometimes kind to her
and sometimes otherwise.
'Q.-That charges did you hear Your father make
against your mother?
Objected to as being part OF the in chief.
Al heard him make charges: never heard him
charge her with being unfaiEhful; hsard neither
assert to father that
s7Ew UNFAITHFUL TO ELM.
Heard her say SO about week before he shot her;
that was the only time ever heard her say SO to
him; took sides in the Qnarreis, the night
ne thought sided with mother; mother had him
arrested because she was afraid Of her life: when
sober he was always kind to al If US except mother
Tnis closed the examination, and the witness
was led from the stand by her father, whereupon
court took q recess until p ID.
AFTERNOON SESSION
May Toehey testified: Heard what my sister has
said respecting fathers condition on the cars; re-
member the occurrence; her statement correct;
the night before the shooting mother fed father
with o spoon; he pale aud had fierce look in
his eyes; then grabbed his arm; when he had the
pistol he appeared wild; when the murder occurred
father wore a brown coat; don't know when he put
Il on
EDDIE TooEEY
testified: Father was temperance mar three
months last summer; heard what my sisters have
saie they we're true father went around the house
and tried the wi dows; grabbed his revolver and
said: clark, they're talking about me-" he had a
qusrt bottle nearly full of whisky; in the morning
the bottle was empty; he said he and would go to
California in the morning; he So there were
men around the house after Jennie and mother.
Al. MILLS
Works IN car shops: MI Toehey worked in same
shop; saw Toohey the night before the murder;
when at house at $50 he was drnnk-not very:
came into a saloon and said he wanted drink in
loud voice; when drunk he usually talked foolish.
Cross examination-Worked in the shop
with Toohey: worked during November and Decem-
ber; think Toohey was absent some during Novem-
Der: heard Of his being sick during November,
heard q his son being killed; don't know whether
he wasAbsent after his son was killed; went to Too
hey's house that evening to get him to go to work.
JOHN BOWEN
testified as follows Reside-forgot the name Of
the street-been in Minneapolis four years: came
from st. Adams; knew prisoner in st. Adams;
drank once in o while; wasn't drunk all the time:
when he drank he would keep drunk week; worked
some when crunk knew of his being very quarrel
some; wnen drunk one time he said he crazy;
acted unnatural when drunk; didn't act like sober
man.
- Gross e1amined-Toohey worked in gardens in st.
Adams; worked at blacksmithing at some times;
sometimes hs was drunk enough to hug me; never
saw many drunken men not much acquainted with
the different effects liquor has upon different peo-
pie; only saw him evenings never him drunk
il the day time.
PATRICK ASFEW
was sworn. Reside in Minneapolis; knew defend
ant; knew him in st. Adams; knew Toohey drank
pretty hard in st Adams; hard drlnker; pretty
wild when drinking; acted crazy; didn't know how
long such spells lasted.
Gross examined Some men more wild than
others; seen men more quiet than Toohey when
drunk saw him sidewalk. when he appeared as
though he had been drinking and was lively.
o. M. BAICHErLER,
sworn, testified:
Am iailor st the police station: on the morning of
the 23d of December Toohey was arrested: in the
evening Mrs. Toohey called at station and made