The Portland daily press., 1886-10-04
THE o'HARE CASE.
Opening OF the Defense and Testl-
mony Produced.
The Prisoner Takes the Stand In His
Own Behalf.

The court convened at 1880 o'clock Satur-
day morning and the case was continued for
| the prosecution.
Sheriff True was recalled and testified
| about the state of disorder In which ne
| found the O'Hare house the morning OF MS
| visit.
The case here closed for the State. -.
The defence was opened by MIR. Mliilahl
| II. Looney. He said the case was one OF Tue
| greatest Importance to the respondent; no
consideration should induce jury 70 prlng
in verdict Of guilty against man Wltlous ois,
the most solid lprO3f 5tiCs Inc prTIS65e T6efe does
not seem to be a scintilla of evidence tendl5 dan5
to prove that this man comInlttea s1S tet tob -
as charged. Mrs. Kilfedder testlned IlaI ne
called her up early in the moInIns I.os has beeS
introduced to show that ne Went W sn 81
apothecary shop and was on his way oack 40 ~
the house when he was arresteo. nc hsTSe The
no attempt to escape from the SGens, ~
counsel outlined the defence to De an az
tempt to prove that Rose O'Hare was per
son of confirmed habits Of intexieatlon anu anu
that she had been drinking peayliy IqI lew
days previous to her death ana that she came
to her death from natural causes lnuuceu Dy
drinking habits and not by violence.
Kate O'Hare testified she was 10 years old.
Last saw her mother alive Wednesday before
she died. She vas intoxicated. She com
|
the habit Of drinking and becoming intoxi-
Gated Have known her to fall down In the
house when she was intoxicated. About
three weeks before she died she fell out of
bed and disloeated her arm while in an intox-
icated state. She appeared to have difficult
ty in breathing sometimes when she was in
toxicated At times we used to send for
doctor. When she had been drinking we
used sometimes to hide the liquor away from
her and then she would go hunting for it all
NNyor fhah hon anVtff chaf fODVa &ho had
bruises on her body from falls that she re-
ceived when intoxicated. Have seen my
father intoxicated. He was troublesome
when in liquor.
John O'Hare testified that he lived in Mon
treal. He is brother to Rose OHare. She
was in the habit of drinking She had sprees
of drinking lasting sometimes two or three
weeks at a time. Two years ago she was in
Montreal and became intoxicated. She
drank steadily for about fortnight.
DR.. William Wren said he was called to at
tend Mrs. Rose O'Hare and dressed wound
that she received while intoxicated. Attend
ed the boy when he cut his foot last summer.
Patrick O'Hare, a little boy, was called to
the stand but was excused from testifying
on account of his youth.
Adjourned to O'clock in the afternoon.
AFTERNOON SESSION.
The court came in shortly after o'clock.
Dr. True testified to making the post NOR
TEN examination. Removed scalp and found
TWO WOunuS-One over LHc car uOb tAdCLll u
wound, but kind of swelling;. the other
was a smaller bruise, about the size OF half
dollar. Such swellings or bruises would be
caused by falling on some hard body. a
person addicted to excessive drinking may
die not instantly. but very suddenly from its
effects when under the influence of liquor.
Officer McDonough testified that he had
been policeman for years. Knew the re-
spondent. Had seen both O'Hare and his
wife intoxicated. Went to the house one
lost in
bed, talking loud, throwing up her hands,
to have the horrors. The house
to be in a dilapidated condition.
Have seen Mrs. O'Hare several times when
thought she had been drinking.
o'HARE's EVIDENCE.
The next witness was Mr.. O'Hare himself.
He gave his age as 81. Last saw, his wife up
stairs in her room on the bed. Spoke to her.
She made no answer Held up her hand
trembling. l did not 60 to bed that night.
was sleeping down stairs. Went up stairs
several times that night to see how she was
getting on. The electric light shone in the
window. When she held up her hand L took
hold of 1t, and said, Rosa, don't be angry"
Put my hand upon her. head. Froth and
blood were coming from her mouth. l went
at once to Mrs. Kilfedder's. Told her the
nissus was dying Did not think she was
lying said it to hurry Mrs. Kilfedder.
He then went after liquor, and was COM
| lg back when arrested. Did not know his
has She had been drinking for seyeIal
Tis,day Say was vas drunk, and Zen, i4rongh a
ass in the parlor ana d hsr N
the cot of III came s1aiSs IN anu sitting % on the
lowe stair, witffilaT tfar hand SsTli' to her head
DrosInt her up tPpid bbaarrfy she attempted 70 90
Sp Spr SSlrS and s fell out ons s.sc lUs'
picled her up and took heRt%a o tha lilI kitchen.
She went upstairs at 10 oSock Friday
nights l came home. at o,eloeS Friday
night, md found her in the pantry looking
| for something. She came out. stsubled
| and fell / picked her up and put he, on
| the lounge. told her policeman was ost-
side, so She kept quiet. went out @ Ior lev bsS,
moments Came back d ,a and LII donnd pads fer fer
| her, and she had better lay on mattress on
| the floor She then tumbled on to the BED:
| put pillows under her head and quit
| over her. Iwent to the next room 70 lay
down. Heard a noise in the barn and Went
out Heard something in the house, Went
into the room as she was falling. She said
she was hurt. Put her hand to her head
While he was telling his story, OHare
told the jury that he was sorry to be oDliged
to tell them so much about his poor wife get
| ting drunk.
On cross-examinatien, O'Hare testified that
his wife was subjectto nose bleed. That
when he went to Mrs, Kilfedders he did not
! think her condition dangerous. Did not
know how the furniture became tipped over
and broken. Never stated to Mr.. Hawkes.
| that he and his wife had quarreled. Said
she broke some things. Never struck his
| wife.
| Deputy Black and Marshal Hawkes. testi-
| fed that the blood on the mattress was wet.
| This closed the testimony, and the court ad-
| journed till o'clock Monday, the Judge
cautioning the jury in regard to talking
| about the case.
The theory of 1.-THE defense is that there Is
nothing to show that 0'Hare killed his wife
tnat ali her injuries might reasonably be at
tributed to other causes.
O'Hare appeared very well upon the
stand He was naturally somewhat nervous
but was straightforward and fairly con-
sistent in his statements.
Adjourned to 0 a. IN. Monday.