The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-10-20
NEARING THE END.
The Testimony i'm the Irvine Case
is Now All La.
THE ARGUMENTS BEGIN TODAY
They viii Probably Consume the Greater
Part OF Two Days ana the Trial Be
Concluded This Week.

LINCOLN, Neb.. Oct. 19.-TSpecial tele-
gram to THE HERALD. The ninth day of
the Irvine trial may be said to mark the
beginning of the end. The defense rested
Its case at noon and the state began its re-
buttal testimony at the Afternoon session.
The defendant had shown q reasonably
strong case the prisoner himself being the
best witness they placed on the stand.
His story was simple and graphically told
and the state made no attempt TO break its
force.
1t looks now as though the trial would
be finished this week. The arguments will
probably consume the greater part Of two
days. During the noon recess the situation
was canvassed and the conclusion arrived
ct that the testimony could be gotten in
this afternoon and the arguments will fol-
low tomorrow.
A little incident occurred late yesterday
afternoon that was touching in its char
Rcter and done without any ostentation.
While q hypothetical question was put to
q witness Irvine sat with little Flossie on
his knee, when that paragraph was reached
which related to the mothers shame,
MIR. Irvine quietly placed his band ever his
little daughter'e ears aud gently talking to
her TO draw her attention from the story
as told.
DR.. g. H. Simmons. a physician of
Lincoln, was the first witness called by
the defense this morning as medical ex
pert. In answer to the Hypothetical ques-
sion of the defense as TO whether he be-
lieved Irvine was insane and incapable Of
controlling his action at the time, he said:
''Irviue is of c aerv Gus temperament and
less stress is required to overturn the
mind OF a man of that temperament He
described lrvines disease as a transitory
melancholy frenzy. He believed the border
line between extreme anger and insanity
10 be but dimly defined. Different authors
describe different symptoms, and persons
of different temperament are not SO
markedly affected.
DIR. Clevinger. 6 Chicago physician, was
then called es al expert for the prosecu-
ton. He said he was not familiar enough
with the case to risK his professional opin-
ion, but inclined to the idea that Irvine was
capable of understanding what he was
doing when he shot Montgomery.
f. T. Hiatt of Salt Lake said he was
well acquainted with the business abilities
of Mr.. Irvine. He never knew a man who
was more particular in keeping copies of
ell letters, kilograms aud business papers.
ard nearly always made memoranda 10
all business conversations.
+. Z. Gregg, also of Salt Lake. testified
to having frequently done business with
Irvine and as his agent. and thought he
made copies of letters and kilograms of
very unim2ortent matters that the average
man would not think of keeping.
Mr.. Irvine was recalled, and in answer
TO question stated that he implicitly be-
lieved to be true the statements his wife
made to him in Chicago and in the confess
sion she made.
AT 2:35 this afternoon Judge Powers an
nounced that the defense rested. The re-
mainder Of the session was occupied in in
Producing testimony in rebuttal, and
brought out little Of special interest or
value to either side.