The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-10-23
NEARING THE End.
The Irvine Case viii Not Be
Concluded Until Monday.
ANOTHER NIGHT SESSION HELD.
Mccullough for the state Occupied the
6reater Part Of Yesterday, Followed by
Nhedon for the Defense

LINCOLN, Oct, Especial telegram to
TIE HERALD. The Irvine trial was
resumed in the District court this morning.
The defendant gave evidence OF nervous
ness as result OF the long strain ana sal
with bowed head. MIR. Mccullough Tor
the state occupied the greater part OF the
day in his argument He said that II he
had consulted his own inclination he should
have returned to his home In Indiana well
content to let the case be presented by MS
eO-counsel. He came here on behalf OF the
grief stricken and aged mother OF the de-
ceased, to sift the evidence in the case. We
are here, said he, 70 try one question and
one alone, we are not here to discuss who
killed Montgomery. 1t Is conceded that
the prisoner at the bar was the man who
fired the shot, the only question here Is
whether or not the mind of the prisoner IS
diseased, whether he was actuated by the
impulses Of disordered brain.
!, In loud and commanding voice, he en-
deavored to impress upon the minds OF the
1urymen that if they considered anything
but the law and evidence they would be
guilty of perjury and violating their eaths.
MIR. Mccullough declared that he did not
come here to apologize for adultery nor 10
apologize for Montgomery, he knew of no
worse crime than seduction and God never
made worse man than one who seduced
and ruined poor, fatherlcss girl.
He claimed, however, that no man could
deceive married woman, and eXcoriated
Mrs. Irvine's actions in most scathing
terms. He declared that no man ever com
mitted adultery with married woman IN
less the woman met him half way, and on
this rather delicate theme dilated at length
and most eloquently. He claimed that
there was no seduction in this ease aud
that the married woman who committed
adultery had no virtue.
Touching upon Mrs. Irvine's confession
he drew horrible picture of nerveless,
half-crazed woman, and with fine sc0rn
ridiculed lrvine's statement that his wife
made the confession voluntarily, growing
almost hystericsl in voice and imagination
over ''Poor Mrs. Irvine He declared as
lie upon its face what she wrote about
the confession being madeSaf her own free
will.
He demanded to known why the defense
tell what occurred at Chicago, as the
state could not. and asserted that if she
could be brought here free to say what she
would, she would tell story Of induce
ments and threats that would freeze their
very blood. He closed with the usual ap-
peal to the jury for verdict based on the
evidence.
c. o. Whedon, for the defense, denied
by implication that the defense had at any
time abandoned its claim of mania transit
toria on the part of the defendant. He
paid an eloquent tribute TO Irvine. and
scored with vehemence the vituperation
INDUCED in by Mccullough against the
prisoner.
Following in measure the line OF
thought of MIR. Strobe, he quoted the
Mosaic law decreeing death to tue adulterer
and adulteress and the Saviors intercession
in behalf of the women in the edict. that
the one who was without sin should cast
the first stone"
He said the Mosaic law as to man had
never been abandoned or repealed, that
from the time that Edward Montgomery
committed the sinful act that he was under
continual sentence OF death. He quoted
literally from the Bibls to emphasize the
severity of divine laws against the adult
erer, and contended that the latter had al
ready been condemned by a court higher
than those Of Nebraska or any other coun-
try.
Mr.. whe6on's address continued for
some length into the night recess being
taken for supper. 1t is thought the argu-
ments will hardly be completed befor e
Monday night.