Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-01-07


DALEY,S MENTAL CONDITION.
The Supreme Question as Issue In the
Murder Trial New N Progress.
when the trial Of John Daley, the man indicted
Tor the murder OF Mr.. J. c. @. Kennedy, on the
Court this morning Dissrict-Ateorney wortntng-
ton called Dr. Alex. Mcwllnsnns the physician 70
the JAIL aS witness In rebuttal He said he had
seen Daley at the jail almost every day since July
las6 From his observation OF the man be said
paisy certainly had delusion regarding poisoa-
Ing he said that some doctor had poisoned him;
nad ahed him ''chock-fu of poison. Beyond that
witness had sen nothing. The man had been
very quiet ana conducted himself ven since he
had BEEN In JAIN.
when the district attorney asked the witness
70 nie opinion regarding Daley's ability to dis
tinguish between right and wrong. the defense OBJ
hess said that in answering il he would have to
answer II from hearsay evidence, and the question
the delusion respecting poisoning he saw no indi-
cation Of insanity. On one occasion when witness
remarked TO Daley that he looked strong and
1ndgea book by the covers. The witness, on cross
examination, said he was not an expert On mental
diseases and AID not consider himself so compe-
tent as Dr. Godding or DR.. Chaplin. He had never
talked with Daley to ascertain whether be had
any other delusion than that about the poisoning.
Ualeys lie In jail was one OF quiet routine re-
moved from excitement.
TESTIMONY OF DIR. TONER.
Dr. Jos. N. Toner, the next witness testified
that six or eight years ago Daley came to witness
ONCE to consult him. Daley made statement Of
the condition Of his body that witness understood
70 ee the result OF skin trouble. Witness exam
lned him but found no evidences OF a condition
such as he described. Daily attributed 1t to poison
ne said he believed he had been poisoned in some
ton AS medical man, 70 witness this seemed
very doubtful Daleys expressions while talking
with witness were exaggerated He spoke Of
not verify Daiey's words, witness conciuded that
II Think" said Nj. flpscomS, the assistant dis
mits that he was under some sort OF delir1um Of
this kind; but. outside OF that what was your
opinion OF his mental condition at that timer"
II thought" said the Witness 'rhat IT was very
good"
The witness said he could not work on account
OF his physical condition. Witness thought he
exaggerated his disability in this respect
"Dlstnclined TO work, remarked MI. Upscomb
The witness having been asked his opinion as to
tne witness, with smile, observed: II hope you
will keep me out OF this expert business
Objection cue was made to the question By the de-
district attorney stated his position TO be that In
sanity was not defense unless 1t was shown that
this insanity caused the deed.
After very long argument the court held that
u was proper to obtain the witness opinion as to
the delendanps ability at the time OF the inter-
view, TO distinguish right from wrong, while not
admitting that this was the proper test.
Dr. Toner said, 10 explanation Of his former
answers, that he was not sure that further ex-
animation OF Daley might not have discovered
other decisions than that respecting the poisoning
Looking al the man and taking human nature as
witness understood II, into consideration, the
witness thought that In all matters not connected
with his deluson Daley was capable, at the time
he saw him, OF joining In the affairs OF life with
On cross-examination, the witness SAID ne was
not an expert as TO mental diseases. He did not
make q specially OF such diseases.
RIGHr AND WRONG.
MI. Miller having put hypothetical question
involving the points as 10 the assault on Dr. Wall
lace Elliott by man possessing the delusion dis
covered by DR.. Toner, the witness said he would
consider that an unnatural act. The witness said
the right and wrong OF the Insane differed from
the right and wrong OF the sane. On redirect
examination, Mr.. Worthington having framed o
Hypothetical question involving tine facts, as
claimed by the Government, attending the assassi-
nation OF Mr.. Kennedy, DR.. Toner said: "A man OF
want OF balance would be more likely to commit
such an act than one OF sound mind"
ne would have less control over his actions"
Eyes, SIR, }" said DIR. Toner.
A VERY QUIET AND DETERMINED NAN
Sigourney Butler, who was present when Mr.
Kennedy was killed was called by the government
and asked by Mr.. upsconb to describe the actions
OF the defendant at that time. The defense OBJ
Jected
The court held that the witness could be asked
as TO the character Of his actions, or Impressions
created by them.
the witness said he saw no evidence OF insanity
On the other hand Daley appeared to be Q very
quiet and determined man.
On cross-examination the witness said lie was
lawyer BY profession, and had studied medicine In
ctdentally He had, at one time, ten years ago had
charge OF an insane person for about a week
When asked what evidence Daley gave OF sanity,
the witness said he stood perfectly quiet perfectly
cool and collected. When man standing behind
witness asked who did 1t the defendant said,
calmly, ne did II. When man stood beside his VIC
tim, making no attemp: to escape, and looked with
clear eye In the face OF the people, with no more
evidence OF disturbance than II he had killed dog
he thought there was no ev1cence Of insanity. HIS
observation OF Daley lasted about one minute.
THOUGHT DALEY WAS SANE At THE TINE OF THE
KILLING.
Mr.. Geo. T. Baxter, OF the First Controllers
ONCE who was in the drugstore to which Daley
was taken after the tragedy, testified that he OBJ
served Daley for twenty minutes or nalf an hour.
HIS opinion, based on this observation, was that
Daley was sane.
ON cross-examinatton the witness said he had
never studied medicine or mad charge Of an Insane
man. Daley, he said, acted like man who had
committed desperate act and was glad OF II.
This, he thought, was hot an evidence OF insanity.
He never saw or heard OF any man upon commit.
ting desperate deed to at once give evidence OF
sorrow for II. The witness had never seen any one
killed except In this one case.
Richard F. Harvey, the undertaken, was called,
and testified that he had charge OF the funeral OF
Michael Daley, the father OF the prisoner The
burial took place April "a, 1883. The witness
Identified his bill for services at that time and
said Mr. Kennedy paid 1t. The witness also iden-
tined the indoors ments on two checks, one made
by himself, the other by his clerk. These checks
were respectively for $3.50 and SIS, and were paid
for funeral expenses.
At this point o recess was taken.
MORE TESTIMONY A. TO DALEY's MsNTAL CONDITION
AFTER recess, Henry v. Mason who took hold Of
Daley as soon as he did the stabbing, tested that
he saw nothing to Indicate his insanity.
E. A. Newman testified 10 having sOeen present
about the time OF the cutting, and ne saw nothing
on the part OF the prisoner 10 indicate insanity.
There was long argument as TO the admissi-
bility Of Mr.. Newman's testimony; but the court
finally ruled to admit the testimony. The court
said the supreme question In this case was the
mental condition OF the prisoner at the time the
act was committed.
The witness said, On cross-ex animation, that he
had not talked with Daley or examined him TO see
whether he was sane or insane.
MI. Clarence F. Cobb was recalled by the Gov.
eminent and asked what the prisoner said ana
did at the time OF his arraignmenr in court
COUNSEL KxcHANGH coMPLIMENTs.
Mr.. Miller objected, and remarked that Mr. Cobb
seemed TO be the Governments general utility
witness brought in whenever the Government was
Mr.. Worthington objected to Mr.. -MIller's Ian.
guage as insulting to The witness.
JUDGE MONTGOMERY'S SUGGESTION.
Judge Montgomery suggested that the case be
adjourned for two or three days to give counsel
opportunity to cool on. The court did not admit