St. Paul daily globe., 1884-10-24
PAUL NEWS.
THE SECOND DAY
OF the Porter Murder Trial-The
Prisoner in the Witness Box
for Several Hours.
The Plea of the Defense Insanity Caused
by Childhood Wounds and
IntOxication.

the state resting its cese after hearing
the testimony OF Patrick Neary, the
father Of the victim. Mr.. Irwin then out
lined the programme Of defense as an at
tempt to prove the shooting was not premed-
itated and that from injuries received in his
youth, rendering him insane when under the
influence of drink, that the prisoner was ir-
responsible at the time Of the commitment
of the crime. portion of the morning and
the whole sof the afternoon session was
occupied in taking the testimony of the pris-
oner and his wife, the court having refused
to have certain dispositions read
by the defense of citizens of
Clinton, Iowa, Porter's home, relating
to his mania for irtoxicants, his wild be-
hayior and insane violence when under their
influence, and his quiet and inoffensive con-
Duct when sober, before the examination Of
the rebu ting witnesses in the case.
The court room was crowded all day by
curious citizens and members of the bar,
who evidently took deep interest in the pro-
ceedings.
Patrick Neary, father of the deceased,
said his family consisted of four boys and
two girls whom he named; he was a plasterer
by trade and his deceased sor was a tin
smith and twenty-one years of age; his pres
ent residence was on Sixth street. April /,
he came home at O'Clock and took supper,
and heard nothing of any difficulty taking
place in the saloon that day;
first saw prisoner at $50 p. m. in the saloon
but did not know VINO else was in there;
when the prisoner came in, his son James
said, pa. that's the man who took a pop at
this afternoon when he (witness) put
his hand on the mans shoulder and asked
him TO 90 out and he went. When prisoner
rushed into the saloon again it was past
O'Clock, and he stood between the bar and
the sloyc, and saying ''you son of - I've
got you now," fred at Jim who ran to the
rear OF the saloon. He, the father, then
grappled with Porter, binding the latters
left arm to his side with his body and with
his own left hand clutching the prisoners
wrist and twisting his hand outward;
they thus struggled he thought from five to
ten minutes, but he could not be accurate as
to the exact time; told Porter to stop shoot
ing or he would injure some one, but did not
hear him cock the pistol with his fingers;
John came in the rear door which leads to
the dining room, but did not know where he
stood when shot; heard John say, "Stop,
don't shoot" Witness then described to
the jury in what position he was holding
Porter when the shot was fired that hit John,
taking hold of the county attorney to illus
trate it. He could not say whether Porter
tried to shoot him; he handed the policeman
the revolver when the latter came in; next
saw John in bed, from which he neve: arose
and who died the Sunday following.
Cross-eXamined-Whe he put his hand
on Porter's shoulder the first time he saw
no watch, and at this time prisoner made no
resistance, appeared quiet and obeyed him.
Could not tell whether it was an hour or not
before Porter came into the saloon second
time; had never seen Porter before that
evening.
AT this point the state rested, and Mr.
Irwin, in opening the case, made a mastery
talk to the jury, in which he ably defined
homicide under its different heads, arguing
that the defendant could not be found guilty
of higher crime than man slaughter in the
second degree. Insanity was pleaded as a
result of early injuries. which made Porter
an irresponsible mailman when suffering from
delirium of drink. He proceeded to state that
Porter's ancestry were subject to insanity,
and went on to define that disease in its sew
eral forms, the derium tremens phaZe of
which would have given Murphy new text
1t was narrated that the prisoners mother
III a nj of insanity struck him over the eve in
childhood, which scar he bears and which
caused sickness of years, and that by being
thrown from horse when eighteen wears
old portion of his skull was driven in upon
his brain, causing him a futher illness.
Since these accidents the prisoner had been
accustomed to fits, and his mental and physi-
cal condition had deferred him from follow
ing any steady occupation. He had tried
printing and harness making and did not
amount to anything in either trade He was
rs an insane man in the eye of Heaven and
the law.
Lloyd Porter said he was twenty-eicht or
twenty-nine years old, had been married
three years and his home was in Clinton, la; /;
had been drinking at Clinton before he left
for Chicago, where he followed 1t up with
friends there; had been drinking for three
years, with short spurts of abstinence for
month or two at time; went from Chicago
TO Eau Claire, but don't know where he
stopped there or why he went there; didn't
remember eating anything at Chicago; drank
heavily at Eau Claire and went to bed hut
couldn't sleep because he was troubled BY
man whom he was afraid of, who came in to
his room and went out, and he finally him
self got up; had trouble with some one there
and was in fear; saw men named Cost aud
Allen there, as he had since learned was their
names; quarreled with and was threatened
10y some one there; thought he STAYED two or
three days before he left; don't know how
ne lett, but he went away with some one to
what he had since been told was Hudson,
where there was lumber and u bridge: some
one took him to school house in Hudson
aud made him vote at the polls: when he
left Hudson he took wagon TO the depot:
he did not remember nervousness or trcmb-
limo nj Fan ('lai b,1t of uudso, h. 49,.
fear OF man who he first saw at Eau Claire,
and had trouble with there; it was this man
who took him to vote; didn't know why he
voted, except this man said he must: this
man with whom he had trouble stuck to him.
staid with him and followed him, which he
didn l like. and he was in fear of him; didn't
know when he arrived at Hudson, or how
long he staid; remembered eating some
thing there at the Hudson depot.
hut don't know at what point
or when he arrived in st. Paul; remem
bered the first tine he was in Nearv's saloon
and that he drank, but the same man who
troubled him in Eau Claire was there and he
went oct; went TO corner of Seventh and
jackson streets, where he was told & friend
oil his, James O'D0nnell. kept bar. bnt was
told there that he had gone to another place
IN the city, and following the direction
foundhud saw him he has heard since that he
was in the saloon with O'Donneu two or
three hours, but has no memory of the time
himself; was excited in mind while there
about his trouble aud believes his Eau Claire
prosecutor came in and out while be was
there; he (Porterl, talked and drank with
oDonnell, and remembers being in
uoduced to 4 mSn from Day
enport. Iowa; didn't remember
leaving scarf pin at this Couuory's saloon.
but thought he had lost it, as well as ring
he had when he LEFT home: don't know how