The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-10-21
THE TESTIMONY IN.
Argument Has Commenced in
the Irvine Case.
AN ADJOURNMENT TILL SATURDAY
The State Rests Its Case on the Hypothesis
that Irvine Was Sane-The De-
Tense the Opposite

LINCOLN, Neo., Oct 2O.-TSpecial tele- |
gram to THE HERALD. l-As the Irvine
trial nears its close the effect on the over
strained mind and nervous system OF the
defendant are especially noticeable. but the
demonstrations and greetings by the visit
tors TO the court room at the close OF each
session show that the pubic sentiment and
pity for his unfortunate predicsment are
with Mr.. Irvine. His eyes are bloodshot
and there is sad, strained expression
about them that indicates that he is FAR
from being well man. Today closed the
Introduction of testimony and argument by
attorney was well begun. The witnesses
were few in number and the ground Gov
cred 10 their testimony has been gone over
before.
Attorney General Adams opened on be-
half of the state his address in the main
being a sketching review Of the facts.
The speaker claimed that it did not matter
what wrong Mr.. Montgomery bad done, it
did not lie within the rights OF this de-
1endent TO take his life. In opening this
case Mr.. Abbott had said that there was
something nob.er, something higher to be
tried here. Then why have they done all
that could be done TO blacken this defend
ants good name ana character by attempt
ing to prove he was insane he u / sd
that no man would go farther in de-
feuse of the chastity of woman than him
self, but no man had the right TO violate
the law of the land by starting OFT revolver
10 hand TO take the life of another man.
You are here not TO try Montgomery or
h. - Of D. h,,s M
man who stands before this court is re-
sponsible for what be did on the morning
of May % last Here is q man VITO has
told you on the stand that he had an uE
natural love for his wife and daughter, but
take the letters that have been read TO you.
Five Of them in four months, each asking
for money or inquiring why he had not
written.
The speaker insisted that they did not
show there was an abiding affection exist
ing between them. Mr.. Adams contended
that there must have been something
wrong, some suspicion in his mind of his
wife, before he was told tnst she had gone
TO Chicago on The same train with Mont
gomery, and declared that his subsequent
action in telegraphing his wife was in pur-
suance Of desire to hunt her down and Sc
cure evidence to cause separation from
her. He emphasized the fact that he had
kept copies of all kilograms seat her as part
OF his plan to hunt her down.
During the frat part of the speech little
Flossie sat on her fathers knee, but the
emotion OF both compelled her to be taken
away. Mr.. Irvine sat with flushed face
and staring eyes that gave evidence of ina
bility TO weep. J. b. Strobe followed for
the defense, and though an evening session
was held, he had not completed his argu-
ment, when court adjourned until Satur-
day morning.
The state rests its case on the hypothesis
that Irvine was sane; knew what he was
doing when be came to Lincoln, and Was
responsible for bis actions; that he had
some end in view when he took copies of
the telegram he sent his wife when be Sc
cured from Der written statement OF her
relations with Mr.. Montgomery; when he
secured the page from the Grace hotel reg
ister and when he took the train back TO
Lincoln where he had reason TO believe
Montgomery was.
They will insist that an insane man
could not have been able to do these things;
10 have purchased alone and unaided his
ticket from Chicago to Lin coin; to have
alighted from o train at an early hour
without being awakened; to have taken
proper care Of his luggage as to checking;
TO have waited around the hotel until
Montgomery came into breakfast; to have
shot him and Immediately after spoken
fuently and coherently; to have recognized
Mr. Upham, former friend; to have
asked the officer on the way to the station
for revolver with which to ehoot himself,
and braced up when told 3 mob was after
him; and to have recognized a caller at the
citation and asked that friend and at
,orney be sent for.
The defense had nothing directly to say
Oh the question Of justification of the act,
save by implication in their hypothetical
questions, but their evident defense rests
on the utter inconsistencies of Irvine
when he shot the destroyer Of his domestic
peace; that the great grief ne underwent;
the fact OF his daughters being an eye
witness to her mothers infamy; the lack
Of sleep food and rest for two days and
nights; the visions he had seen and the
black clouds and red lights that had
lowered above him, and his lack Of remem-
brance of what had happened until he woke
up in the penitentiary. When it comes to
talking 10 the jury. however, it is unneces-
ssry TO say that the question of justification
will undoubtedly be strongly presented.