The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-10-15
MANIA TRANSITIONAL
What the Defense Will Prove in
the Irvine Case;
WAS IT VISUAL HALLUCINATIoN2
Proceedings IN the Famous Murder Case at
Lincoln-The Evidence for the Prose-
cutiOn All In.

LINCOLN, .Neb.. Aug. 14.-ISpecial Tele-
gram to The HERALD. THE fifth day Of
the Irvine murder trial was marked by
much better progress than any of its pre-
decessors, as it saw the com pletion of the
states testimony in chief and the begun
ming of the defendants testimony. The
attendance was much larger than hereto
fore. the seats allowed to the public being
filed tc overlooking all day long and the
space inside the railing being pretty efTec-
lively crowded, probably fourth Of the
spectators were ladies.
There was just contention enough among
the attorneys to add zest to the proceed
ings. The defendant came into court look
ing considerably more at ease than during
the presentation of the case the previous
afternoon. although hardly so confident az
during the three and half days devoted TO
securing the Jury.
The defense as outlined by Judge Powers
will be decidedly novel one in Nebraska
criminal Jurisprudence, The plea will bs
that Of visual hsllucination, or to speak
technically, mania transitorid. This disease OF
the mind has been described by sone ex-
perts as transitory frenzy and by others
transitory fervor. The term mania
TRANSITIONAL has been applied to that
condition of mind where the per-
son was afflicted from soue ex-
cititing cause becomes oblivious of his
surroundings all though he may seem 10
set with method and be guided by evil
power, when he RECEIVERS he has no
memory of what has taken place and in
fact has been mere automaton and he's
acted without power Of free will The
best medical authorities OF the United
States will be called to explain to the jury
the exciting causes of the disease, and that
Irvine was victim to it.
The testimony OF witnesses was intro
duced by the state to prove the killing Of
Montgomery By Irvine, the principal wit
ness being d. b. Smith OF Kearney, who
was seated by Montgomery at the break
fast table in the Hotel Lincoln at the time
of the tragedy. He told how he noticed
Irvine appear at the door and noticed evil
dences OF recognition On the parL OF
Montgomery, and formed the impression
that the latter started to get up to
shake hands. He didn't get up. for i'm
mediately Irvine fired twice and Mont
gomery lay dying on the floor. Irvine then
stood near the door and holding up his left
hand with some papers therein and his
right hand down by his side with The re-
volver, he saids ..sThls ,s@-z saduced ray
wife. in, Chicago ana ruined my family;
herefare the papers to prove it and here is
thefgun. Somebody take them, for Gods
sake, somebody take them" The hand
containing the papers trembled consider
ably and some of them dropped to the floor.
Witness received the revolver from him.
Irvine slightly gripped it as he took hold OF
1t and then released his grasp. The testi-
mony of other witnesses, mainly that Of
walters in the dining room Of the Hotel
Lincoln, was substantially as the forego-
ing. At It's conclusion. the state rested on
its case and court adjourned until tomor-
row.