New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-15
M'INTYRE HAS A BIG QUERY
A HYPOTHETICAL QUESTION PUT BY THE
PROSECUTION.
IT TAKES ONLY FIFTEEN MINUTES TO READ
pRs MACDONALD. o'HANLoN AND HAM
MoND TESTIFY As TO HANNl-

MoND TESTIFY AS TO HANNI-
CAMS INSANITY
ri, examination Of DR. Carlos F. Macdonald.
orosiaent ~ the State Lunacy Commission was
continued at Yesterdays session OF the 'r'ai Oh
David F. Hannigan for the murder OF oo'o"o" 80
Mann DIR William J. O'Sullivan. the medico-esa'
xnert who Is assisting MIR. Brooke In the de-
fence conducted the examination. The famous
bvno,hetical question taking more than an hou'
10 read was put TO the witness HIS answer was
assuming the facss stated TO be true ana Ia 'e
absence OF any other explanation as TO MS co"u,
ton or conduct. the ground OF the use Oh ''oN'
cants or narcotic drugs should say that the man
Insane. ,u hro
The witness said that Hannigan might nave
known the difference between right and wrong III
the abstract but that he did not know that 'na'
particular act was wrong 81,
After recess Assistant District-Attorney N0i"-
tyre came out with hypothetical question, AS
so,h &c he hegan reading Mr.. Brooke jumped up
and said: 49,
1Is that your hypothetical question?
''I am not prepared TO say, SAID MI M0i''''e'
"what the question is ,, $3.50.
.sWeu" retorted Mr. Brooke. Il might rein'"u YOU
that we supplied you with a copy OF our h|po'"e'
zeal question ,.A
Mr. Mcintyre however would not say whe,hei
his question was hypothetical or not. lie me"
began reading the question which consisted Oh
rehearsal of the evidence in the case "o'" '0
standpoint of the prosecution
The question occupied fifteen minutes in readhg'
and then MI Mcintyre asked Assuming all the
facts in the hypothetical question 10 be proven
was David Hannigan sane or insane on May -
when ne shot Solomon H. Mann.
Mr. Brooke Immediately objected to the question
Mr. BROOKE contended that the assumptions in Mr.
NlcIntvres hypothetical question were In direct con-
nict with the evidence, and proceeded 10 point gu.
various discrepancies. Mr. Brooke got copy Oh
The question and read from II in PROOF OF MS state
ment ,
said that the question was merely based upon as
s,nptions as was the one-hour and-a- hair question
which the defence had produced.
THE Jury are the sole Judges of the facts in
the case said Justice Ingraham land they Will
be told that by the Court when the proper time
comes"
Mr. Brooke contended that he was conducting the
case in accordance with every precedent
Justice Ingraham said he was endeaVorihs 10 'rs
the case in conformity with the laws OF the STATE
of New York and did not wish Mr. BROOKE 10 De
continually insnuating that he was not following
precedent.
Mr. Brooke assured the Court that he meant no
dsresnect and Justice Ingraham told him 10 go on
with his objection.
Il had almost finished" said Mr.. Brooke. when
Your Honor interrupted me-.
Mr. Brooke then finished his objections and JUS
tice Ingraham ruled them out.
Mr. Mcintyre then asked the witness to answer
the question. DR.. Macdonald replied slowly: III
would be Impossible for me TO answer the question;
The question SUCCESS the case OF h sla nS had
been subjected to severe men d enoTeh ao make
one say that he was insane. a., .,,o.
Mr. Mcintyre asked the witness If In ms opihiSSn
Hannigan exercised judgment in picking out the
hour at. which Mann would walk along fortv-sec-
The witness said he could say.
did Hannigan discretion,
Again the witness said he could not answer ~
In reply TO DR.. O'Sulivan the witness SAID that
insane persons often exercised the greatest cum
ming 10 achieve their designs. -, o.,
think Hannigan was in such a conditlon Oh ninu
that ne could not grasp the situation. and was I'M
able to control his actions when he shot Mann OH
"Do YOU think the defendant had sufficient intel
ect at the time he committed this aei to de5erm nah
or wrong asked HIS Honor
mo. sir, | do not, was the reply The witness
further said that In his opinion Hanngan was sur
ferng from melancholia on May Is, and mat ne was
Dr. Philip + OHanon. Coroner's physician.
who made the autopsy on Manns body. was
then called an expert. He said that he asked
Hanngan, on May %. in the Tombs, how far he
was from Mann when he shot him "Hannigan told
me-" said the witness that he couldn't speak 10
two persons at one time. and that he was speaking
his sister Loretta.
The next witness was DR.. Graeme F. Hammond
Hammond formerly Surgeon General of the Army
Or. Hammond said he had examined Hannigan In
the TombJ.
"Hannigan's ears" said he, ARE deforrned and
Of the character such found In insane per-
sons. There is also popularity in his teeth and
nose which would indicate TO the expert mental
soundness. Hannigan told that persons
stopping him in the streets and calling him vile
He said that his sister Loretta also APP
peared to him and urged him to do the act. He was
suffering from melancholia" The witness said in
his opinion David +. Hanngan insane at the
time 81 the shooting of Mann. and was not conscious
OF doing wrong.
The case will 90 on to-day.