The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-06-12
DAN M'M|LLAN NOT GUILTY.
DeHberases nehtnd Locked Doors
From = O'Clock TIL Io-Evidence
showing He WAS u Dope Ffena

The trial OF Dan Mcmillan for man
slaughter in causing the death OF frankie
Davenport by an ovsr-iniection Of NOR
phiae. came to an end yesterday by YER
dict OF acqoittal on the grounds OF insan-
iiy. The jury retired shortly before 4
O'Clock n N. and returned At 10 last night.
Though the case has been one OF very
considerable interest from the criminal
point OF view. very little popular interest
has been manifested throughout the trial.
the average attendance having been less
than score OF spectators daily. This was
probably more noticeable because OF the
trial coming just on the heels OF the Brad
ley case, which attracted such unusual al
tent!on.
At the continuing o: the trial Yesterday
morning Judge Jacobs gave out that the
court would permit the introduction OF
only expert testimony ir. tho issue of the
prisoners Insanity, as bearing upon his
ability TO judge between right and wrong
AZ the time OF committing the alleged
crime. The Judge said ne doubted wheih-
er medical man is competent 10 give
evidence on the point in question. He
may state his opinion from the witness
chair. but whether the accused person
really knew right from wrong at the time
Of committing the deed he considered a
problem to be determined by the jury
from the evidence. and not by medical
belief
1t viii be remembered that the defense
by its testimony on Friday sought TO es-
tabl.sh the insanity Of Mcmillan. Yes
terday the state brought testimony 10 re-
i.,n. 81, Ipzfs
who arrested Mcmillan, and DR.. Emil
Bories were called and put through
lengthy examination in support of the
states effort TO prove sanity. In their
opinion the defendant was sane. A search
ing cross-exam.nation failed 10 materially
shake the witnesses from their story. DR..
James Shannon. recalled by the state. con-
coded that a post-mortem examination
should be made in all cases where the
cause OF death is in doubt. but he did not
consider any material result would have
been gained by 50 doing In the present
case. Gave it as his understanding and
belief that in cases of death by morphia
poisoning 1t is exceedingly difficult to dis
cover any trace of the cause by An au-
topsy.
1t was II o'clock when Capt. Hughes, for
the defense. arose TO open the argument TO
the jury. His address was clear and force
full. He dwelt first upon what he termed
the discrepancies or OLE Wadsten, the
star witness for the prosecution: his ad
mission that on the day of Frankie's
death he had taken fifteen drinks Of whis-
ky and beer, though lad or only IS years.
He laid stress upon the utter impossible
ity of Oles having seen anything through
a keyhole into dark and narrow room,
such as he described the woman's TO be.
and called attention TO the contradictions
brought out in REORGANIZATION. The
testimony of Tom Fraker was made a tell
ing point. Tom swore that on the day of
Frankie's death she had taken IN his pres
ence a large dose OF morphine and whis
Ky: that he had known her for years as
morphine nend. The testimony of DR.. Bo-
ries and Jim Smith that she was a dope
tiend was also brought out. as well as that
of the girl Rosie. who had told on the
witness stand how frankie had twice at
tempted suicide in her presence. and had
frequently threatened to kill herself. At
tentio1 was further called to the testi-
mony of Officers Corbett and Cudihee, TO
the effect that Mcmillan was crazy at the
time of the woman's death. Capt. Hughes
said in conclusion that the evidence lad
before the jury by the defense could have
been obtained by the prosecution in Feb
ruary and so saved the state all the ex
pense OF the trial. Counsel for the state
objected TO this statement, and Capt.
Hughes told him he need not apologize
he should settle il with the taxpayers"
All the opening Of the afternoon session
Mr.. Dore began the closing argument for
the defense. He attacked the credihilty
OF the prosecutions star witness. and de-
ciared that If the jury convicted it would
convict on the testimony Of a witness who
had failed 10 establish his right TO be be-
lieved He said In part:
Counsel for the state has failed utterly
to establish. first; the cause OF thLs wo,
a reasonable doubt this defendant caused
tho death Counsel says Mcmillan adj
mltted his guilt. Gentlemen, don't
care If he admitted IL thousand times.
Pat his admission, II he made any adnis-
sion against tho testimony OF the physi-
clans who testified on this witness stand
that Dan Mcmillan is a man who. by the
nature OF his habits. Is not 10 be believed
There is no question that This defendant Is
a d0pe-hend. and the doctors have told you
that a morphine slave would rather part
with mis- life than part with enc grain Of
his poison. II is a habit that is never
shaken OF. Day and night II holds its vic
,ln1 in the wise OF one terrible deslre-the
drag SO damnable and deadly that nothing
less than helFs worst part should DC the
portion Of the man who will traffic In Ii 10
another mans downfall
~ say 10 the counsel for the state and 10
you. gentlemen OF the Jury. that We do
not intend 10 apologize for anything Dan
Me MtIiaD dtd when re was insane. We
intend 20 show you've have shown you.
who and what he was. There are times
wien he Is sane. but those moments are
exceptional. 1; has been said by some
great authority that the human heart Is
composed OF a thousand chords: nine hun
tlred and ninety-nine may be In perfec,
harmony and one In discord. and that is
insanity. 4 man don't have TO be raw
Ing maniac 70 be lnsane~;here are a thou
sand kinds Of insanity"
Mr.. Dore then read the pAysician's Ger
tIfrate issued at the time Mcmillan was
sdiudged insane hy the King county court
ard sent 20 the county asylum. The Ger
teca:e gave the cocaine and morphia
habit as the cause Of his insanity. Con-
t,n1lng. Mr.. Dore said:
We went in;o this insanity Issue TO
show you the true condition OF this IN
fortunate man. nor In extenuation Of hi.
acts. Something should be done with one
go addicted 10 drugs A. this man hut
gentlemen. you are rot trying that rroA-
en-, YOU have only sworn 70 sav whet he-
7e IS guilty - the crir'e ~ manslaughte-
x yeu ind 5y the evidence that re IS
e.