Evening star., 1895-07-12
WILL BE CONFINED
Waterman Bagaly Tried for Draw
ing a Revolver.
EVIDENCE As TO SANITY
He Will Be Taken Back to St
Elizabeth.
M EDICAL TIES TIMON
MEDICAL TESTIMONY

Waterman Bagaly, who Is figuring In
divorce proceedings Instituted by his wife,
who is an Italian countess, as printed in
yesterdays Star, was not sent to the in
sane asylum yesterday afternoon, for the
reason that Prosecuting Attorney Null
lowry concluded to reopen the case and let
the court take the responsibility of sending
Linn across the river. The proceedings,
it is said, will have an important
bearing on the divorce case. and that is
probably the reason the prosecuting officer
passing upon it.
Bagaly, as stated yesterday, was arrested
because he drew pistol ON Lawyer Henry
Wiswell, who had taken testimony for the
countess in the divorce proceedings.
When the case was called in Judge Mil
ier's court this morning the prisoners coun-
sci. Lawyer j. J. Johnson, said he was
very much surprised last evening when he
heard that the case had been reopened.
Yesterday. he said, he had his witnesses in
court and was ready to prove the mental
incapacity Of his client. Bagaly, he said,
was willing to return to the asylum, and
all preparations for sending him there were
made.
Before Judge Klmban.
Judge Miller said that he was personally
acquainted with some Of the persons
and for this and other reasons he
desired that Judge Kimball should hear
the case.
Lawyer Johnson. his client and others in
terested In the case, went before Judge
kimball, where counsel made a statement
of the case. The defendant said counsel
was once condemned by jury and sent
across to the asylum: He was released
from the asylum, and recently he found
himself in the midst Of domestic difficulties,
and Tuesday he was arrested on the charge
OF concealed weapons. Counsel explained
that he wanted his client sent over to the
asylum, but he did not want him to go
there with charge pending against him.
Mr. Muiiowny said that the charge had
been made and he did not care to ignore
the complaint made by a citizen. If the
complainant will withdraw the charge then
the defendant might be returned to the
asylum.
What have you to say about this?' Law
yer Wiswell was asked.
In my opinion" answered the complain
ant, "it was case Of drunken man
with G. pistol
Then you don't want to withdraw the
charger
mo, sir.'
In the Asylum.
DR.. Stack Of st. Elizabeths Asylum testi-
fled that the defendant had been in the
asylum for several months, and was dis
charged as cured. He was suffering from
acute mental trouble and his physical health
was bad. For several weeks he was crit
ically ILL., nt.i.'.,4-~t-sts'. b.
DR.. Percy Hickling, one Of the police sur
geons. gave evidence. He found the de-
fendant In nervous and excited condition.
and there were traces Of alcoholism. Wit
ness thought the insanity was not the re-
suit Of drink. but that drink followed one
Of these mental attacks. So far as his con-
duct Tuesday was concerned, his mind
seemed to be a blank.
Witness hat m
condition this morning to appreciate his
position.
DR.. J. Ramsey hewitt. another police sur
econ. gave similar testimony. saying he
thought the man was of unsound mind.
DR.. Stack was recalled, and he said that
he saw the defendant Sunday, and he was
then in normal condition. He had heard
the statements Of the other physicians,
and, judging from his (witnessD experience,
he judged that alcohol caused the trouble.
Counsel asked witness If a man who had
been in the habit of using narcotics would
not do almost anything to get stimulant,
and with ess replied that he would. ''-
Judge Kfmball said he thought the evil
dence made the mans alleged insanity ap-
pear very doubtful. He was sane Sunday,
two days before his arrest, and is in his
normal condition today.
Lawyer johnson said he had Drs. Bayne
and Marbury. from Providence Hospital,
yesterday, and If the court wanted them
the case might &c over.
Counsel for the defendant finally agreed
to go to trial. and plea of not guilty was
entered.
William Nelson, saloon keeper at AZ and
streets, testified that the defendant came
into his saloon Tuesday, and soon after
ward Lawyer WisweH appeared. Basaly
drank a glass of beer. He seemed very
much excited. and was talking about come
thing that had been printed in the news
papers about him. and he was going to
whip somebody. If he could not whip them
he said he had something else, and pulled
out a pistol. Witness thought that he did
not point the pistol at any particular in
dividual.
Lawyer Wiswell was next called to the
stand. and he related the scene in Nelson's
bar room.
Somebody to Die.
He said that he went in Mr.. Nelson's
lunch room, and while in there the de-
fendant came up to him and said: Some
body has got to die today, and 1t is not
Campbell Darlington, either"
Witness thought he had been drinking,
and he advised him to put away the pistol.
which he did, and later, he said, he had
Bagaly arrested as matter of mercy.
w. c. McCreery, In whose house Bagaly
has lived, told the court that his boarder
came home very late Tuesday night. He
was very much excited.
Bagaly asked him what time he could get
a train for Gaithersburg, where, it is said,
his wife Is living, and he told him he could
not go until morning. Bagaly said he was
going there, and he did not know whether
he would come back alive or not
The court heard counsefs statement, and
finally concluded to take his personal
bonds, with the understanding that he be
taken to the asylum without any delay.
His counsel promised to send him there
as soon as the necessary papers can be
made out.
Naval Appointments.
The President has appointed Lieutenant
Commander s. w. Very to be commander