Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1889-11-01
DRUNK.
His Lawyers Try to Hold Whisky Re-
spOnsible for the Murder.
TIE TESTIMONY AGAINST him.
Pitlsburg Divides HOnOrs With Chicago
for Divorce Cases.
CASES BEFORE THE SUPREME COURT

Yesterday vas taken up by the defense in
the Lee murder trial The defense made
was that Lee was drunk when he fred the
fatal shot, and that his condition of mind
made him nearly lunstic, as he had been
drunk for week, and brooded over the fact
that hatcher owed him money, and intended
beating him out of it. The defense called 25
witnesses. Among them were ex-Alderman
John Burke, T. j. Blackmore, h. II. Ben
cough, and James Balph, all of whom testi-
fed to having seen Lee on the day of the
murder, and that he was intoxicated. james
Morrow, proprietor of the Crescent Hotel,
testified to having seen Lee at q soldiers
meeting the night before the murder, and
that he was very drunk.
During the morning session Mr.. Marshall
and District Attorney Porter had several
tilts over the manner of questioning witnesses.
Mr.. Marshall, Jr-, also complained to the Court
that Attorney Porter and Burleigh were smil-
ing at the jurymen. Judge W hite did not pay
any attention to the charge. In the afternoon
Stenographer Reno testified to the correctness
Of his report at the hearing before the Coroner,
where witness j. h Lyle stated that IL was
Mr.. hatcher who invited Lee into the back
ofhce and that Lee was under the lnnuence OF
liquor.
REBUTTING WITNESSES.
The prosecution then called Joseph D. Pol
lock, w. b. McCluskey. VIM. Mckain, ID. b.
Marcy, ESQ, and Roger O'Mara as rebuttal
witnesses, and they all testified to having seen
Lee on she day Of the murder and that he did
not appear to be intoxicated
VIM p. Bennett the printer and bookbinder,
was called and testified that he was in Match
eT's Office one night when Lee was there, and
that the defendant was speaking Of the intelll-
called the horse which was standing
outside at the curb. The animal
in answer to the call walked into
the Office and backed out again when told to do
Sd. Mr. Lee was sober on that night Mr..
Burleigh stated that this evidence was offered
TO show that the act of Lee in taking his horse
into the house was not because of drunkenness
on the part OF Lee, but had been done ire
quently before. This closed the testimony, and
Judge White, on being informed that there
would be two addresses by the prosecution and
two by the defense, stated that each speaker
would be given one hour.
THE MAJORS SPEECH.
Major E. A. Montooth then opened for the
prosecution, and 1t was evident that the Major
intended to make the speech of his career.
The courtroom was crowded, many ladies being
present as spectators. In opening his speech
Major Montooth stated that he would try and
say nothing that would personally injure the
defendant, and he would much rather be on the
other side Of the case. The speaker then took
up the testimony and in mastery way argued
on InaI, connnlnE nlmsel altogeIner 70 tnat
part, detailing the testimony word for
word. George Elphinstone, Esq, followed
for the defense, and after reading
the law of 1874 defining crimes
and fixing the punishment. he argued that the
evidence clearly showed that Lee was drunk
when be fred the fatal shot Mr.. Elphinstone
probably made telling address. He was care
ful and deliberate. His method was so fixed
that be had the closest attention from not only
the jurors. but the Court and spectators. Not
point IN the testimony was overlooked. It was
not an attempt at snowy oratory, but clear
logical statement of facts given in an argument
ative way.
At $50 court adjourned Mr.. Elphinstone
viii finish his speech this morning, and will be
followed by District Attorney Porter and
Thomas NJ. Marshall, Sr.