Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-01-26

10 w CStHU!I Sh ZIG ibSablkS VI AhC RtISs
oner, the prosecution is now 6evoting
itself only to that feature of the case.
Mondays Testimony.
DR.. j. B.. VAN yELsoR,
being duly sworn, testified as follows: l
reside in Yankton. I am a practicing
physician and q regular graduate of u
medical college. ! have practiced medi :
cine for the past twenty.three years,
eighteen years of which l have spent in
Ysnkton. l have heard the Hypothetical
question and have it in my mind 80 that
| may be able to answer and | should
say that if the defendant made all the
statements contained therein and that
if he firmly believed them to be true,
and if they were known not to be true.
that the said defendant was at that time
laburiug under insane delusions and |
would class this insanity as a delusion
out oflwhich the person cannot be argued
or reasoned. II this malady is once con-
tracted 1t is liable to return at any time,
although the patient may at times be
free from any mental trouble.
Cross Examanation-If no attempt
had been made to argue or reason the
person out of 1t then circumstances
would govern me in my forming an
opinion. If the statements made
| in Massillon, Ohio, were made but once
and no attempt had been made to argue
him out of the truth of these statements,
[ would say that such statements would
not be sufficient to believe that a delu-
sion prevailed. IThe told stories regard
ing Indians l would say that would not
be- o foundation for believing that q de.
fusion existed.
THE PROSECUTION IN REBUFF
TAE.
THOMAS CALLAHAN
recalled: Dickey said Immediately after
the killing, while he was being held IN
the corner by Balmat, "My God, l have
murdered" Between Balmat's anC
Browns saloon he said, IL have killed
tim and I will hang for it," Dickey
said in Lange's saloon, 81 have killed
O'Bnen." We went from there t
Dickey's saloon, but he did not say any
thing else. Isaw Dickey at the Ger
mania house about ten minutes. DickeJ
acted to me like q man who had beer
drinking. | had known him for abou
seven months before. l saw him proba
, bly, three times a week on al
l average and [ had talke'
: with him, and heard others talk wit!
. him, and SO far as | know he was sane
t On the day of the homicide up to tn
+ time of the killing he acted like a MAJ
who had been drinking, and looked lik
n man who had been drinking. L ha'
! seen him drinking before. He had bee
:, driking for four or five weeks past an
previous to the killing [ saw Dickey' Ct
h a bill changed at the Germania house.
r was a $40 90 bill. He gave $3.50 t
Paul Flick and spent the other half DO,
5 lar for drinks. 1t was my bill. [ CAV
it to Prick to get changed. Dickey toll
me that he wanted to lock up his saloon
and | went with him there. He III
locked the door and went in. 1 wer
with him. He asked me If I would tax
something. l took a glass of beer. L
\ took some cigars from the show case an
# put them in his pocket. He said viii
we were in there hat he wanted to go
iall, and we went from there to the jaI
He said nothing on the way to the ja'
e. On the day of the shooting in Balmat
saloon O'Brien asked Cam to pay b
bill. Gain refused to pay the bill wit
out a receipt. O'Brien told Dickey
., get the books. Dickey went out al
y came back without the books. He So
that he knew The amount--that 1t W
$500. Gain said again that he won
IS not pay the bill without a receil
O'Brieu told Dickey to get the boo
p again. Dickey said he would NJ
O'Brien told Dickey that if he did L
get the books he would close him up
Monday morning. Dickey said, edo
talk that Tom, it is foolish" OBri
called Dlckey a liar, or something, 6
then the shooting occurred.
Gross Eramination-All this happen
in about ten minutes. ] am not pr
tive whether or not l said, that Dicl
said, My God, / have killed him,
lru Ny God, I have murdered him, bu
think it wss the last expression tbs
es- used in first testimony. | will
+: swear positively which it "
,te I had bought some drinks at Balm'
and Balmas did not have the change
!, Frick took q $1,000 bill and went ou'
get it changed. | saw him go into
Germania house and l followed
Pof over there to get the money. Die
po- and Frick were there. l have g
Dinknv when he was 40 drink tina