Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-04-14
THE MURDER TRIAL.

The Toohey Murder Trial Finally Under
Way-Isry Toohey, the Thirteen Yesl
Old Daughter, Tsstifies to the Shooting
Sargent VESTS Evidence The Pos
SIortem.
At about $50 yesterday afternoon the Twelfth
juryman was secured in the trial of Johr
Toohey, indicted with the murder of his wife
on the 4th OF January last.
The case was opened by County Attorney
Hale. He gave a detailed account Of the
murder in accordance with the evidence which
he purposed introducing during the trial
evidence which would show that the deed had
been committed in cold blood, without cause
or provocation. He read the Indictment,
charging the prisoner with murder in the first
degree, and then spoke as follows:
ut Is not necessary to show that there had
been no feud, grudge or quarrel between the
man and wife to prove that there was no cause
for the act. When a man does an act of that
nature, it is presumed that there had been q
quarrel. 1t has been said that the defense
would set up claim of alcoholic insanity, or
something of that kind. l cannot say that
know exactly what that means. But
certainly the man got drunk volun-
tarily, and then deliberately shot his wife dead
The burden of the proof is upon the defense
to establish that he was in such a condition of
insanity that he did not know the nature OF
his act or crime. 1t was not enough to show
that he was drunk-so drunk that he was be-
side himself-but that his mind must be so
diseased that he could not distinguish between
right and wrong. Insanity property is a
proper defense-but the defense must prove
conelusively that the prisoner was in such
condition of mind that he actually don't know
what he was about.
He asked the jury to give the evidence in
the case the closest attention and weigh
everything carefully.
MARY ToOHEY SWORN
testified as follows: / am thirteen years old;
John Toohey is my father; have sister named
Jennie, aged 10; was living on Western ave-
nue. ard 21st street on the 18th of January last,
n short distance from Western avenue; father
was at home on the 4th of January; remem-
bered the fact that on that morning mother
was shot; was there at the time; sister Jennie
had been gone about half hour. (WitnesS
was shown diagram of the house as situated
upon the street, together with relative
positions OF the same, which was
recognized as practically correctly Half hour
after sister went away heard shooting; was in
the front room at the time; when heard the
shot father and mother were in the Kitchen
out upon the diagram, the position in which
her father and mother were standing when
she entered the room,l father was walking to-
wards ;mother when ] entered; saw the re-
volver in fathers pocket about twenty-five
minutes previously; just before | heard the
shot | heard mother say shoot me
il you want; instantly thereafter heard the
shot and rushed in; he was just about to shoot
again; had the revolver in his right b ind and
was turning the chamber with his left hand;
mother threw her hands up and screamed;
pushed father back, and threw the revolver
up; father forced me around into another
room: mother started for the front door; after
he had pushed me into the room he went
back; mother fell to floor at the front door;
called her but received no answer; father ran
out back door; / ran out and met him
as he came around the house; he
said, "Here, you go into the house, and stay
there's" he walked down Western avenue out
of sight. ] returned to mother and found her
cold and stiff strangers came soon after and
took the body away-about two hours and one
half after the shooting; know Officer West;
he came to the house q short time after the
shooting; little sister and brother Were in the
room when l entered it; they had been there
during the shooting; when Officer West ar
rived mother was still lying at the door:
[shown revolver which she identified as
being like the one her father had.j
Before the shooting father wanted rue to go
down town for some whisky; mother said l
should not 60; he said would; she still said
she should not let Inc go; he said "l'll fix
YOU" this was only short time before the
shooting; didn't hear him say anything oout
shooting in the morning; when they were
talking aDgrily about my going for whisky,
said he lad revolver; mother asked ii he
wanted to shoot her; he replied "Do you sup
pose would shoot thing like your
~ Ia fIanxy oil lrnd II
were mad; he said he would show her who
was boss of the house; after mother was shot
went to neighbours for help; came back
and mother was still there; was present when
they took her away.
Cross-examination-M Erwin-How old
are you, Mary?
Witness-Thirteen years.
DIR. EVANS.
Sworn, testified that he was physician and
surgeon and that he was called in by the cor
oner on the 4th Of January last to assist in the
post morton examination of the remains of
Mrs. Toohey. He made a post mortem and
discovered a small wound in the breast, found
a small bullet Just under the skin between the
eleventh and twelfth ribs in the back. The
bullet had passed through the heart. The
wound must, in his opinion, necessarily have
caused death.
DIR. FAIRBAIRN
testified that he was county coroner on the
4th of January. He went to. the house of
John Toohey at about noon and took charge
of the remains of Mrs. Toohey. He gave a
warrant to the relatives permitting burial.
DE-. HILL
testified that he also assisted in conducting
the post mortem. His testimony was identical
with that of DR.. Evans.
SERGEANT JOHN WEST,
the next witness, recognized the revolver as
the one handed him while standing near the
kitchen door of John Toohey's house, on the
4th of January. One chamber had been dis
charged He further testified TO finding the
corpse at the front door of the house, as de-
scrlbed by the other witnesses.
At ) o'clock the court adjourned until
o'clock this morning.
STILL MYSTERIOUS.