The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-03-30
him, he would know the difference
tween right and wrong.

him, he would know the difference be-
tween right and wrong.
LAURA FUTILE.
have resided in Manti for twelve years |
and have known him for seven or eight |
years. He and his family lived at our
house for five or six months. Iknow he |
drank a great deal. He has drank very |
heavily for three or four years. ] have |
seen him drink brandy and alcohol have |
seen him have several swooning spells. At |
other times his mind would be wandering; |
he would cramp violently. At these times |
he would tear the cloths from his head,
which we had put there, and throw them
across the room. The last fit knew of his
having was five or six weeks before the
shooting. He seemed more Eighty lately
than before. l never knew of his being in
sane.
PRATT ALFRED.
am acquainted with the defendant. His
habit as to the use of intoxicating liquors
is bad. 1 was with him July "a,
1889. He drank but one glass of
beer. On the night of the 23d we
started home from the saloon. He took
SICK laid down and became timber and
tainted. ] raised him up and he said he
would like to know where he was. He was
out of his mind. He had several fits that
night | never knew him to be out of his
mind only when he had these fainting
spells. File didn't act dangerous. / never
knew him to be insane. haven't seen an
insane person since | was little boy.
CHRIS HENRIoKsoN.
l have seen defendant drink great deal
during the last three or four years. l have
seen him have fits and fainting SPELLS
Just before these attacks he would be out
of his mind. He would have strange delu-
sions about the presence of persons who
were in reality not there. was present
on the night of the shooting. l think Gold
ter McFarlane. | talked wi th him that
night. He seemed rational. l heard him
outside of the door say Come out"
During this conversation Nc would talk
intelligently. | heard the shots fired, but
afterwards didn't see defendant.
CHRIS JENSEN.
have been acquainted with McFarlane
about nine years He has been subject to
fits or fainting spells. / sat up with him
two or three nights when he was sick.
Just before he took the fits he would talk
wild | don't know anything about insan-
ity. l don't know whether he was insane.
CHRIS MADsEN.
1 was at Manti on the day of the shoot
ing. i saw defendant that day We had
an understanding that McFarlane was to
bring his gun up for one of the boys. One
of them told him to bring it up to be
cleaned. The house where he was to take
the gun was in an opposite direction to the
saloon.
DOCTOR oLsTEN.
l reside at Ephraim city. l am prac-
ticin5 physician, | am graduate of the
German school l have been practicing
for twenty years. l have heard the evil
dence in the case. | would consider the
amount of alcohol taken by defendant suf-
ficient to produce this disease. There is
such disease as hypsomania. l consider
the defendant hypsomaniac from what l
have seen of him. The effect of this dis
ease upon this defendant should say has
had the effect of enfeebling his intellect.As
general rule, such persons take offense
easily. 1t would not affect his memory.
From chronic hypsomania one may lose
his sense of right and wrong. 1t tends to-
ward insanity. / saw the wound in Han
sons body. The shot was straight one.
The deceased must have stood in right
oblique position. The deceased must have
been from two to six feet from the defend
ant when the shot was fired
To Mr.. Evans-I have known defendant
/ i've or six years. l have had some business
relations with him. During any portion of
that time | don't think he has ever been
insane. 1t hasn't reached that stage |
have seen him drunk. He seemed more
excitable than others. From the evidence
adduced | think he might not know right
| from wrong while he was drunk-not
otherwise. | dismissed him from the board
of health under me for drinking. The
temper would not be uncomfortable
| would not consider the acts described
as those of sane man. He must have had
a morbid illusion. think one who would
Kill as defendant has done would have a
depraved and wicked mind.
DIR. NJ. II. HARDY.
am practicing physician. L am q
graduate of the University of New York
| am city physician of this city.
A hypothetical question was put the doc
tor, covering the facts in the case accord
ing to the theory of the defense.
The answer was that he would Judge
it might produce tenn porary insanity His
standard of judgment would be dimin
} ished.
A man such as that would be subject tt
epeleptoid fits. Acts might be committed
which would be automatic in character
Inc Will power of such a subject would bt
necessarily impaired. 1t would not of nee
cessity produce insanity.
The prosecution also presented certain
. hypothesis from their theory of the case
The witness did not see how person coulC
drink SO much as that and live. The act.
might be those of sane or insane person
Ihey might SAVIOR of temporary insanity
They possibly might be the acts of sant
man as well as of an insane one.
On general terms DO not think three o.
four drinks would dethrone the reason.
think from the fasts stated the man wa
temporarily insane. A man might be in
sane on one particular fact and not OF
others. The defense rested
In rebuttal, tbs prosecution called
L. S. HOLLOWAY.
| heard the shots fired / found the de
PENDANT after awhile at Ephraim,a about II
|, O'Clock the second day after the shooting
/ helped take him to Manti. | had tall
with him. He wanted to know how affair
were at Manti. l told himI would protec
him. He consented to having the chain
| on. he asked how the two men were
| Golding and Hanson-aud how the feelings
OF the people were. We lodged him in tn
jail at Manti. He told me i
) sorry he had done it. He told me he saw
} me when was after him. The reason h
/ didn't want to go back was because he wa
afraid oil being lynched. He didn't wan
10 lail into Larson's hands, he said, TO
, rear ne would be lynched He also said b
mad seen me in a house at Ephraim
through the window, but he didn't care +
give himself up. He described to me al
he had done after the shooting. While
was with him his mind seemed to be clear
In the Manti jail he made a statemen