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

The Toohey murder trial was resumed in the dis
trict court yesterday morning With Judges Young
Lochren and Shaw on the bench.
A.w. DIAN
was the arst witness called.
Am an engineer on the Minneapolis & ST. Louil
road; found the revolver in the shed back Of Toe
hey's house after the murder
Cross-examination-The revolver was no; mid
den; it ives lying on pile OF straw in the shed
SAMUEL LAUNGEB
testified On the Sunday previous 10 the murder
Mrs. Toohey hid Mr.. Toohey's revolver, and OF
Monday morning he went wheE with him, to
the 90 cent store and bought another; he Was drunE
a. the tine; did not see him sober that week; was
excited.
The revolver and the bullet found il the body
were offered N evidence, when the state rested.
TIE DEFENsE
The defense then opened their case Mr.. Erwin,
counsel, nlaGe lengthy and elaborate address to
the jury. BE based his hopes upon an scquittal On
the evidence he proposed 70 introduce, which should
show most conclusiyely that the prisoner was in
sane-that insanity was inheritad-his uncle having
died from that disease and an older brother suffered
many years from 1t also.
BE asserted that it was the duty of the
prosecution TO show malice aforethought, but
IN that particular they had failed most signany. He
did not believe they hsd any evidence TO that end.
At one time when haunted by insane halluciuaions
had attempted to commit suicide, as the frightful
scar IN the tkroat would clearly show to the jury
he referred to that species of insanity which impels
men TO murder wife and children. de also stated
that the prisoner was periodical drunkard. at times
ne would drink down pint of liquor, which would
induce temporary insanity. Mr.. Erwin's narration
OF the circumstances which he asserted lead to the
deed, was well calculated 20 influence The Jury, and
was closely listened to by courtroom full Of spec
tators. at the close of his address
JENNIE TooHEY
was called Sis testified as follows: Am IS wears
old the eldest daughter of the family; father has
always drunk excessively after. drinking lie was
nervous and excited; appetite poor and was
sleepless; once he imagined there were two men
after him; he ran homo and hid; this three
years ago; afterwaTd he imagined he Jaw the men
coming in the room; in the May following
on the train he was afraid the passengers
were after him and hunting him; we gave him
liquor at the stations to quiet him; they lasted
from Montreal End 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 to he time of the tragedy be
drank nearly all the time; once it was necessary to
nave him arrested; that didn't stop his drinking;
two or thrre days before the calamity he was more
nervous and excited than usual; he went 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 against
MIN: nailed down the windows; once in the night
ne sent Eddy up stairs to wake everybody up; said
we had sleTt enough: he got the revolver Christ
mas week; we had taken three or four away from
him; he never carried one only when drunk used
TO say man wasn't safe without one.
AQ-Do you know what the ,condition Of your
mothers mind was?
Objected to and admitted.
A-Yee.
Witness continued: She told me she was afraid
Of her hfe during the early part of the night heard
hITrlr u&C
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 I
didn't know howto cook IL; then Miss Haggerty got
one, and he wouldn't eat it. and mother fed part of
il to him; he looked wild, pale, hsgga-d snd rest
less.
Gross Exarnined-Heard father drinking out of
the bottle during the night gate often drank from
the bottle next morning; drank often; ne In
the house all the time until went away at 9 80;
when father sober he sometimes kind to her
and sometimes otherwise.
Q.-What charges did you heaf your father make
against your mother?
Objected to as being part Of the case IL chief.
Evidence admitted.
Al heard him make charges: never heard him
charge her with being unfaithful; heard neither
assert TO father that
SEE was UEFArTHFUL TO Elm.
Heard her say so about week before he shot her;
that was the only time ever heard her say SO to
him; never took sides in the quarrels, the night
he thought sided with mother; mother had him
arrested because she afraid OF her life: when
sober he was always kind to all Of US except mother
This closed the and the witness
was led from the stand by her father, whsreupon
court took a recess until p.
AFTERNOON SESSION.
Mary Toohey testified: Heard what my sister mas
said respecting fathers condition on the cars; re-
member the occurrence; her statement was correct;
the night before the shooting mother fed father
with spoon; he was pale and had fierce look in
grabbed
pistol he appeared wild; when the murder occurred
father wore brown coat; don't know when he put
Il on
EDDIE -ooHEX
.sestihed: Father was a temperance man three
months last summer; heard what ny sisters have
said; they true; father went around the house
and tried the wi, doUs; grabbed his revolver and
said: "Hark, they're talking about me;' he had
quart bottle nearly fun of whisky; in the morning
the bottle was empty; he said he and would go to
California in the mo=ning he sad there were
mer. around the house after Jennie and mother.
VIZ. MILLS
Works In car shops: Mr.. Toehey worked in same
shop; saw Toohey the night before the murder;
when az house at $50 he was drnnk-not very:
came into saloon and sad he wanted drink in o
loud voice; when. drunk ne usually talked foolish.
Gross ezsmnstion-Worked In the same shop
With Toohey: worked during November and Decem-
Der; think Toohey was absent some during Novem-
Der; heard Of his being sick during November,
heard OF, his son being killed; don't know whether
be was absent after his WAS killed. went to Too
hey's house that evening TO get him to go to work
JOHN BOWEN
testified Is follows Reside-forgot the name of
the street-been 10 Minneapolis four years; came
from st. Albansa knew prisoner in st. Adams;
drank once In Q while; wasn't drunk all the time;
when he drank he would keep drunk week; worked
some when drunk; knew of his being very quarrel
some when drunk one time he said ne was crazy;
acted unnatural zhsn drunk didn't act like sober
man.
v Cross e1amined-Toohey worked in gardens in st.
Adams; worked ct klacksmithing st some times;
sometimes he was drunk enough to hing me; never
saw many drunken men; not much acquainted with
The different effects hGuor has upon different peo-
pie; only saw him evenings never sew him drunk
in the day time.
PATRICK AGNEw
sas sworn. Reside in Minneapolis; knew defend
ant; knew him in st. Adams; knew Toohey drank
pretty hard in St Adams; hard drlohey; pretty
wild when drinking: acted crazy; didn't know how
long such spells lasted.
Cross examined-Some men are more wild than
others; seen men more quiet than Toohey when
drum saw hjn,on Sidewalk. when he appeared rs
though he had been drinking and was lively
O. NJ. EAICEELLER,
sworn, testified:
Am jalor at the police station: on the morning Of
the 23d of December Toohey was arrested; in the
evening Mrs. Toohey called at station and made
complaint that her husband was about to shoot her;
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