St. Paul daily globe., 1884-10-25

THE JURY RETIRE.
Hearing of the Porter Murder Case
Concluded Yesterday.
Testimony Of Insanity Experts-Eloquent
Pleas by the AttOrneys-The Jury
Locked in all Night.

The jury in the Porter murder case wen
out at p. IN. yesterday afternoon and up
to the time of going to press have given no
sign of having arrived at a verdict. At the
opening of the trial Porter looked worn and
haggard and for the most of the day his faith
full wife sat by his side in court.
The only testimony taken yes
terday was that of Drs. Cochrane
and Anker called by the defence while the
state, after placing policeman on the stand,
reconsidered its intention of taking further
testimony and also rested.
DIR. Cochrane was an assistant in the sec
ond hospital for the insane at Rochester, and
was familiar with all phases OF disease caused
by drink of which there were many different
types which he described in detail in appear
ance and symptom. Drink not only pro-
duced delirium tremens insanity which had
one character of symptoms but acute mania
which were of different tpye. Blows on
the head often caused insanity and
affected the brain when the
patient was under the influence of
drink. He examined the two wounds on
Porter's head in presence of the jury, claimed
to have been received in his youth and pro-
nounced that in connection with the use of
spirtuous liquors they would produce in
sanity: the wound in the side OF the head
must have been severe one at the time:
such wounds might superinduce in
sanity. Insanity was hereditary and
If defendants mother was insane before he
was born he probably inherited the disease;
the prostratlon caused by the tremens and
acute alcoholic mania made a patient liable
to further attacks; patient would come out
of such attacks generally with a restful sleep,
but he was liable to fall into a sleep in which
death would ensue.
Counsel Erwin, after having had DR.. An
ker, of the Ramsey county hospital, take a
seat where he could hear, asked DR.. Coch-
rane hypothetical question which embod-
led the full history of the defendant, his con-
dition from the time ne left Clinton, his
actions in st. Paul and elsewhere
TO the time Of his commitment
of the deed which deprived
young Neary of his life, and then called
upon the wi tness to give his opinion
as TO his sanity or insanity.
DR.. Coehrane promptly answered that in
his opinion the prisoner was insane. The
state being given its opportunity declined to
cross-exanine the witness. Dr. Anker was
then sworn and in answer to Erwin also
pronounced the prisoner insane, the state
declining to cross-examine. Here the de-
fence rested.
Frank Neary recalled by the state said that
from his observation OF Porter April /, he
couldn't tell whether he was drunk or sober.
Officer Pendy, called by the state, took the
stand, but the state deciding not TO further
follow up the condition of Porter on the day
of the murder, excused the witness and
rested its case.
Mr.. Ives presented instructions to the
judge for charging the jury aud quite
spirited argument ensued between counsel
on their admissability, the judge finally rul-
ing TO follow the supreme court OF Mime
sofa. Mr.. Erwin also made an argument in
this connection and drew from Judge Brill
that he should charge the jury in accordance
with the decision of the supreme court in the
case of the state VS.. Gait.
County Attorney Egan opened his closing
address by reminding the jury Of the re
sponsibility before the law aud public opinion
in their decision of this case in accordance
with the law of man and God. The prisoner
was known at his home in Clinton, Iowa, as
a crook and gambler, and packed his valise
and went 10 Chicago where he met
aud associated with men of this
character, some of whom might have been
engaged in the robbery of the jeweiry store
al Fergus Falls last night. Counsel Irwin
rises and files exceptions to the allusion to
the Fergus Falls robhery.) He weLt to Eau
Claire to take observations Of the houses and
banks there. First exceptions taken
by defense.) He recalls Hud-
son, beautiful village aud
not the home of abandoned men where he
voted, as if the judges of election in that VIII
lage would allow drunken man to vote at
their polls. He comes TO ST. Paul where be
meets ''Dutehy,' who had been with him at
Eau Claire and Hudson, and here be also
meets Dan Haley, a eOmpauiOn he met at
Chicago. He walks our streets and attracts
no attention. meets his pals in a saloon. and
chats with his pal '-Dutehv-" Tie cutters
upon a game Of pool, bets watches. is
beaten a. his own game by Frank
Nearv an expert aud threatens to smash
things He draws 3 revolver on james
Neary and in his intent al that moment
shows thSt he is 3 bold, wicked and deprsYed
msn, sn enemy 10 society aud a murderer.
( hard hearted and of 4 biistered moral char
acter. In this act be makes manifest that
he is an enemy 10 the eye Of every man with
whom he may come in contact, q slayer OF
/ his fellow man.
! Mr. Egan proceeded - re7,s3 sae con-