Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-04-20
THE TO0HEY TRIAL.
The Testimony Concluded and she ArGu-
ments to Begin To-day.

"A portion of the GLOBE report from Min
neapolis having been lost III transmission las
night, the following report OF the Toohe.
trial is taken from the Eren,ng Journ0J.-ED
GLoBEl
When court convened this morning
DR.. Simpson continued his testimony, as
an expert for the prosecution: When a
man in delirium kills another he does il
to defend himself from an attack. of I'M
aginary enemies
AT this point Mr.. Erwin made an objec
ton, and Mr.. Secombe remarked that MIR.
Erwin was yesterday reading from
Woods practice.
Mr. Erwin was not; that is as ante
deluvian as the deluge.
MIR. Secombe-What have you got it
here fort
Mr.. Erwin-For you to use. Here it
is, (pushlng it across the table, if you
want it.
Mr.. Secombe-No, thanks.
Q.-What evidence would the existence
of delirium on the 9th of January be of
the existence of delirium on the 4th9
A.-No evidence at all, taken by itself.
Mr., Erwin-Very true; evidence of
birth on the 18th would be no evidence OF
q birth on the 18th:
Witness continued: Laboring under
tremens the patient does not crave food.
Q.-Would a man suffering from delir-
ium crave tobacco?
AN EXPERT.
Mr.. Erwin-Now if that point is gone
into, shall ask the privilege of going on
the stand myself and putting others on
who have had the tremens, to rebut it.
The question was withdrawn, and the
cross examination commenced. Having
received shock in November from the
discovery of his wife's infidelity, followed
by shock occasioned by his sons death,
taken with The fact that he had previ-
ously had delirlum, and after the shocks,
had given away to his appetite, 1t would
be a favorable condition to cause ire
mems; considering his action the night
before the homicide, as testified, | should
either give him bromide Of potassium, or
ahypodermic injection of morphine, the
latter to induce sleep; the former is
great remedy in delirlum; Authorizations
of tremens are often things which, in
certain way, have occurred to them in
reality; when PERSONS mind is broken
down from grief, they become a mono
maniac on the subject.
A LIVELY sPAT.
At this point difference of opinion as
to evidence occurred, and BIr, Erwin
asked that portion of it be read, and in
quired if there was any witnesses for the
prosecution who had not heard it read?
DR.. Hance-I do not think it necessary
to have 1t read again.
Mr.. Erwin Are you one Of the assist
ant counsel for the prosecution.
Mr.. Hance-I will reply to questions
when | get on the witness stand.
Mr. Erwin-I'll attend to your case. L
don't wish to be criticised by witnesses.
The court and county attorney eX-
planned that they did not think Dr. Hance
was trying to crlticise him, and Mr.. En- {
win stated, that with this explanation /
he would beg the doctors pardon, and
the cross examination was continued
Mr. Erwin propounded a hypothetical
question, containing review of the testi !
monY for the defense relative to the /
condition and acts of defendant for weeks !
prior to, and for three days subsequent |
to the homicide, and closed with the |
query. assuming these these things to be
true, did Toohey, in your opinion, have
delirium tremens when the fatal shot was
fred?
Al am unable to see what other |
malady it could have been.
Re-direct.-In answering this question, |
paid no attention to the testimony, sim |
ply to the question.
DIR. SALISBURY
was the next witness: Assuming all the T
evidence to be true, up to the time the
experts for the defense were placed upon
the stand, excluding that of Toohey, |
Rogers and Houston, l do not see suffi- !
cient to indicate delirium tremens.
Q.-Assuming all the testimony in the |
case, except that Of John To0hey, up to |
the time the experts testified to be true,
did ToOhey have tremens when the shot |
was fired?
A.-The testimony of Rogers and |
Houston would have bearing on it, but !
not enough to convince me that he had |
tremens at the time the shot was fired; it |
would be corroborating evidence.
Witness OBSERVATION-DISCLOSURES could |
have had tremens the day before the |
homicide, and during the night, and not |
have had them the next morning; it |
would depend on circumstances whether |
he had tremens; ordinarily they would |
not return unless the debauch continues |
Recess.
CROSS EXAMINATION.
Upon reassembling, DR.. Salisbury on
cross examination, testified as to the |
symptoms of delirium tremens; ordina-
rily man can be momemtarily recalled |
to himself, and will give correct answers
to questions; if defendant had received |
a severe mental shock; on account of the |
infdelity of his wife, he might, in deli
rum, have decisions that she was con-
spring with others against him, under |
the treatment where small amounts of !
liquor are given to taper off with, as it
were, the ordinary course of the disease
is three or four days. The hypothetical
question asked the last witness, on the
cross-examination, was then asked
this witness, and his reply was, that
disregarding the evidence, and as
suming the statements in the question to
be true, when the fatal shot was fired,
there would perhaps be some symptoms
lacking, but so far as it goes, it describes
delirium tremens; in my opinion it would
be tremens.
DR.. Hance was next called. He said: |
Having heard the evidence up to the time