St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-02-03

ance, and he gesticulated wildly on his
way to his seat. He is filthy beyond ex-
preston. and is the worst excuse for a
human being ever seen in Judge
Kelly'S court. His Oaths and crazy talk
were finally stopped, and he fixed his
"StOny stare" in one directiOn-a spit
toon-and kept it there during the day.
At times he would notice some
small object drop to the floor,
such as a bit of paper, and would
make frantic effort to get it. The
deputy was kept busy watching him
and preventing disturbances. The gen.
eral verdict throughout the crowded
court room was that the man was a
"wild beast.'
The following jury was finally Sc
lected: H. B. Fuller. James E. Glass,
J. G. Gregg, Silas J. Gottschamer, A. F.
Gauger, Charles Grewe, William M.
Golf, Charles Fry. Robert w. Green,
Col. John II. GieSk, A. w. Goodrich and
Horace 3. Gates.
A SP ECIAL OATH.
J: P. Davis had prepared an especial
oath for the jurymen. There is no reg
ular form of oath for a case of this kind,
and this one. being Endorsed by Judge
Kelly, was administered, as follows:
Ou wv oolCHlHiy oNCtl Ilidt yOu Will
diligently, justly and fairly inquire, and
a true verdict render whether or not
Nicholas Kill, here present. and who is
accused by an indictment presented by
the grand jury Of this county Of the
crime OF murder in the first degree, is
now mentally capable of making "a
tiOnal defense to said indictment, so
help you God"
To each juror Attorney Thompson put
the following:
''The defendant has been indicted for
murder IN this case, and has interposed
plea of not guilty upon the issue
proper. A collateral issue has been
raised, namely, that defendant has be-
come insane since the commission of the
alleged Offense, and is now incapable of
ment or issue proper. The issue for
you to try is not whether he was insane
at the time of the murder, but as to
whether he is insane now, and jury is
being impaneled for that purpose. Sup
posing that, upon this issue, testimony
is introduced tending to show that he is
now insane, and he should be incarce-
rated in the insane asylum, hereafter
cured, returned for and put upon trial
before another jury for the murder,
would the fact that his counsel might at
that time, interpOse excGipatory or ex-
operative insanity for his defense, and
as having existed at the time of the MUIR
der, have any weight with you in weigh
ing the evidence or in making up your
verdict on this issue now upon trial?"
THE JAILER'S TESTIMONY.
Court convened again at o'clock and
the testimony of Louis Peterson, the
jailer, was taken. He had noticed MANY
queer things about him and a tendency
to pick up small articles from the floor.
He thought him queer. but he did not
act like many insane people who had
been i'll the Jail. Frank Jensen, also a
iailer, testified that he thought Kill
crazy. He had also noticed his desire
to pick up small articles and had heard
Kill say that he was as rich as the king
of France.
Charles Netterfield said he had seen
Kill drink his own urine and thought
him crazy.
DR.. Markoe, who had examined Kill,
was Oh the sand when court closed.
The examination will be continued to-
day and is scarcely more than half
through. Prosecuting Attorney Egan
Will have four experts to put on the
stand to-day and Mr.. Thompson
will have an equal number, inelud-
ing DIR. Brewer, of the State Insane
asylum. who is a standing expert wit
ness in all insanity eases. In the Selec-
ton Of the jury Judge Kelly would not
allow Mr.. Thompson to make any per-
emptory challenges. Consequently, Mr..
Thompson took exceptions to the first
juror, though he was perfectly satisfac-
tory, and also took exceptions to every
thing produced by the state.
Judge Egan croSs-examined prisoners
xxrl,n hnd IT. -
testify as to Kills actions, having been
his close companions. MIR. Thompson
considered it method of forcing the
criminal to prosecute himself while tes-
tifying in another cause. Following is
an example:
Judge Egan-YOu have been a fellow
prisoner of Kill's, have YOU?
Prisoner-Yes, sir.
Egan-HOw did you happen to take
up your residence i'm the jail?
Prisoner-FOr stealing horse.
Egan-Did you steal the horse?
Prisoner-No, sir.
Mr.. Thompson objected strongly to
such line of questions, but Judge Kelly
Overruled his objection.
OTHER CASES.
In the case of the state VS.. Chaddick,
Judge Kelly granted the prisoner forty
ClSiiI uOulS Ill WHICH 10 SECURE announcer
attorney in place Of Ryan, who is ill.
The same entry was made in the cases
of the state VS.. Prussian Frank and
Scheffer.
Bert Smith, who was indicted with
Preston for grand larceny in the first
degree, Withdrew his plea Of guilty and
pleaded the infancy act. He was sen
fenced to the reform school until of age.
In the case Of Cyrus b. ThurstOn as
receiver Of the property of Patrick ii.
Drum VS.. A. Schlaechter ct al, Judge
Simons overruled the demurrer of de-
PENDANTS, and granted them leave to file
answer within twenty days. -
Judge Simons is trying the case of
Mary e. Mcdonnell VS.. Horny A. Nc
Iiindicy, Sarah q. Mitchell and Thomas
j. Mitchell, q suit to qniet-fitlc.
IE the case OF j, N. Ioyc against D.. L.
Brayton, the Jug returned 4 verdict for