New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-13
DIR. WINSLOW TESTIFIES.
HE DECLARES THAT HANNIGAN WAS IN
SANE WHEN HE SHOT MANN.

MR. BROOKE ASKS HYPOTHETICAL QUESTION
WHICH TAKES MORE THAN AN HOUR TO
READ. AND THEN HAS TO GO
OVER 1T AND AMEND IT.
In yesterdays session of the trial OF David r.
Hanngan for the murder of Solomon H. Manu.
Charles W. Brooke. the defendants counsel
read to Dr. Forbes Wii.slow. the English allen
ist who was on the stand Hypothetical ques-
ton which occupied more than an hour III
reading 1t was prepared by Mr. Brooke ana
DR. ". ]. O'Sullivan. who sat up all night
working on it, 1t covered thirty-siX typewr'-
ten pages, ending as follows:
Assuming all these facts TO have been
proven in this case, from your treatment OF
mental and nervous diseases. from your knowl-
edge and skill as an expert. what. In your
opinion, was the condition Of David f. Hanhi-
gan on Nav 90 1895 at the time Of the shoot
ing of Solomon H. Mann at the locality men
Toned in the hypothetical question-sane OF
insaneY
During the reading Of the question Hanp'-
gans wife and sister wept silently Hanhie
himself kept his head buried in his hahus' al-o
seemed TO he much affected AZ MI btoohe
read the story Of his sisters shame ana TIE
shooting Of Mann. the alleged betrayer
lust before noon Brooke finished reaclng the
question.
Then Mr. Mcintyre jumped up and said ne op-
tected.
Justice Ingraham said he did not thlhk 'he
question was proper hypothetical question:
From beginning to end said he. IT Is not
what a hypothetical question should be as uh
derstand IT, l cannot allow the witness 10 answer
the question in its present shape
Mr. Brooke was his feet in an instant
chat the question is entirely proper one. ana
docs not contain any argument or assumption of
facts"
Justice Ingraham then said he would not allow
any such question TO b. Put in court where he
presided.
..If there are cer,asn facts in the question:
said Mr. Brooke. (which are objectionable 10
The District-Attorney Your Honor car command
that they be stricken out. respectfully submit
t,at the hypothetical question should not be
stricken out a whole.
.It would take a long time" said Justice
Ineraham TO reduce the question to proper
form. and | cannot how it can be done
Mr. Brooke made long plea TO have the ques-
ton amended Justice lngraham, however helo
that the question was full Of absurd assumptions
which he could no. permit the witness 10 answer
MP. BROOKE AMENDS THE QUESTION.
Brooke q
hvpotheticai question. lie carefully went over
the original question and struck out what he
considered were the Objectionable features IL
WAS q nono;onous task and Dr. Winslow looked
bored When recess was taken. at l:l5 O'CLOCK
Mr. Brooke had been reading the questioh Ioi al
hour and he was still only half through.
After recess Dr. Winsow resumed MS place on
the stand and Mr. Brooke continued MS reauihe
of the hypothetical question .,
Mr. Brookes voice was husky when ne Hhisheu
bad bo wi
condition May IS 1895. at the time OF the shooting
of Mann assuming all the facts in the question:
were proven. 49,. ,
Mr. MCINTYRE objected TO the question again
hut Justice ingraham overrued the objection
Now. DOCTOR said Mr. Brooke, was David r.
Hanmgan sa raeI Tr DT w in slowly
The witness also said that in his opinion Han
nigan was not mentally responsible Tor ms acuohs
on that date.
That's all" replied MIR. Brooke
Mr. Mcintyre then started in to cross-examlne
the witness He asked him If he was not reaolI I
his private papers on the stand while Mr. Brooke
was reading the hypothetical question
II was reading part of the time. said Dr.
winslow
Then you didn't hear the entire question"
We'll some OF it," replied the doctor.
You are not The celebrated Dr. Forbes Wins
low of England%
Are you the great English alienist?
Yes. sir: am.
who ever called you great aienist?
IL decline to be insulted. said Dr. Winslow
sngry. sN.s,
cine
Il got the degree of Bachelor of Medicine and
Of Doctor OF Laws.
Does thai entitle you to the title of Doctor
of Medicine?
Eyes. sir; IL does.
HIS EXAMINATION OF HANNIGAN
When asked as to his examination Of Han
nigan in the TomDs. the witness said Hanni-
IA; ,i,,i, nfferip meldn-
choa which might have inspired him to 90
what he did under the influence or motive IN
duced by the possibly attendant mania. IN
der the influence of homicdal mania the sight
Of a weapon would invite melanchoHc 10 Kill
with or without q motive, Ir. WINSTON sald
When Assistant District-AttOrn"Y Mcintyre
asked the witness if he did not know tnete
was no absence Of motive in Hannigans case
Mr. Brooke made strenuous objection. That
question he said lay with the Jury. ana not
with the witness or the Court. Justice Inera-
ham allowed the question. 20 winch MI. broohe
recorded an exception. and the witness an
swered Yes" He said that in his OPINION
Hannigan's mind had become unhInSeu Oh
March H. when he heard of the condition OF
his sister man with unhinged or un-
This insanity had become positive IN Hanni-
gan's case wher hic sister died. Here IT.
Winslow told Of Harnigan's telling nm that he
had seen In his sisters eyes the command 10
avenge her.
DR. Iandon Garter Gray. specialist IN ner-
Vous and mental diseases. was the next VIII
ness His examination will be continued to-
day.
PJayVEyEJD'S SPECTACULAR SHOT.