The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-05-24
EVIDENCE ALL IN.
Arguments in the B0reI Case Will
Commence Today.
Rigid INSTRUMENTATION of an Insanity
Expert-Roy Pratt, Salt Lake In
corrigibie, to BE Returned.

court convened at $50 o. CLOCK, instead OF
10 o. clock this morning. Interest in the
Borel case seemed to have Jagged and the
number of spectators YVES somewhat
limited.
DR.. Joyce was again called to the stand
Tor continuation OF his cross examina-
ton. AS was the case with DR.. Adams,
DIR. Joyce was subjected to a rigid exam
ination by Mr.. Allison, whose line con-
sisted of Hypothetical questions, presenta-
ton OF authorities on insanity and direct
cross examination.
After the hearing had proceeded hale an
hour, during which time nothing new or
of special interest was ELECTED, Mr.. ALI
son put hypothetical question, which
he asserted that up to a few days before
the Lewis appeal had been Wlthdrawn
Borel had been cheerful and did not seem
to have many fears regarding his money,
and asked whether or not such actions
indicated acute melancholia.
The defence objected and declared that
no such evidence had been put into the
record, and as both sides disagreed re-
garding the record, Judge Miner in
structed the reporter to read his notes to
the jury. Rather than consume the time
OF the court, the defence Withdrew their
objection, and the witness answered that
such condition of cheerfulness as Mr..
Allison had described would not indicate
melancholia.
Mr.. Allison took the witness through
every phase of the case, and subjected the
doctor to a rigid examination on all forms
of mania and mental disorder. At 11:20
the WEAKNESS of the Jury became so APP
parent that the court ordered recess OF
i've minutes.
Instead OF the recess lasting five min
utes, it was nearly half an hour before
m Allison hal
again took up his line of examination.
The DOCTORS opinion, summed up, was
that Borel was insane ct the time he
fired the fatal shot, due to his former
life and occupation and the brooding
over the loss OF his money. Before the
doctor left the stand, Mr.. Allision adj
United that he had been IN very deep
water. DR.. Joyce was still occupying the
witness box when court adjourned at
1890 until 2 O'Clock.
The case dragged its weary way
through the entire day, the chief witness
being DR.. Joyce, who was put through
long and thorough cross-examination
by Mr.. Allison. The doctor was not re-
leased till nearly O'Clock. In his opin-
ion Borel was insane at the time he fired
the fatal shot. He gave his testimony as
an expert on insanity.
Warden Squires, of the Utah peniteu-
tiary, and an inside guard of that insti-
tuition were called and testified that they
had not seen in the defendants conduct
anything more peculiar than that he was
unusually quiet. He went to his meals
regularly.
G. A d'Hemcourt was called to trans
late the paper which Borel had written
while in jail, and which Judge Maginnis
defied Allison, in the early part of the
proceedings, to get before the jury. Mr..
d Hemcourt read the paper, which was
written in French and Latin. and then
translated it as follows:
''Since there is no law for thieves, the at
torneys must pay for them. Life is un-
bearable-some one must pay for the
trouble. Mr.. Allison has not given me
my rights-he too must die. When law
is uncertain, there is no law.s'
This paper was introduced as rebuttal
testimony regarding the insanity of the
defendant.
Judge Maginnis moved to strike out all
reference to certain books on insanity
used during the trial by Mr.. Allison.
Mr.. Allison opposed the motion, as to
DIR. Sayage's book and the work by Drs.
Bueknell and luke.
The court rules that Savage's book |
should be stricken out.
The BuckniIl and luke books were also !
ordered stricken out as to DR.. Joyce's |
testimony, aud left in so far as applied to |
that of DR.. Adams.
morning, when Mr.. Allison will begin |
the argument before the jury.
The attorneys viii have unlimited |
time to crate upon the respective sides |
they represent. In the afternoon there |
were quite number of ladies present.
CELEsTIAIs IN BOND.
Seventy Cinnamon who landed in San !
Francisco last week from the steamer
City OF Rio de Janeiro, will arrive in
Ogden tomorrow morning in charge OF |
several deputy United States Marshals, |
bound for the plantations OF rich planter
of Cuba They will take steamer from
New Orleans for HAVANA. The Celes-
tials are under heavy bonds.
SALT LAKE INcoRRIeIBLE.
The board of directors of the reform |
present MessrS. Kimball, Adams, |
Woolley, Rogers and Rolapp. The regu-
lar routine business of the Institution was
attended to and the board proceeded to |
the consideration of two special cases.
Charles Stinson of Five Points, whose
parole was forfeited because of his ap-
parent connection with the recent escape
of three boys, was reparoled, it having
been determined that he was innocent of
the charge.
The superintendent has had a great
deal of trouble with Roy Pratt of Salt
Lake and it has been necessary for him to
have the boy chained the greater part of
the time. This case was looked into by
the board, ana 1t was decided to return
the incorrigible to the committing court,
the Third district, with the recommends
ton that he be sent to the penitentiary
There are now in the institution thirty
eight inmates, all OF whom are doing ex-
tremely we'll
Weber county's court met in regular
weekly session this morning, but trans
acted no business of interest or import
snce.
PREPARING FOR MORE FLOODS.
The recent high waters have subsidized
somewhat. The residents of the districts
which were inundated are preparing for
the floods which are sure to come when
the weather becomes warm again. 1t will
cost considerable to repair the damage
done in Ogden and Weber river canyons
by the overflow of the two rivers named,
and the counties of Weber and Morgan
have put large forces of men at work
building embankmentst to preventanother
overflow. Ogden city also sustained some
damage. principally to the Thirtieth
street bridge, which was saved only after
a great deal of hard work and the expen-
diture of some money.
BAR ASSOCIATION MEETING.
The Bar association OF the Fourth dis
trict court will meet on June in the
chamber of the district court, for the
purpose of considering the report of the
committee appointed to investigate the r
charges of unprofesSional and irregular ,