Delaware gazette and state journal., 1899-11-30


ur a good bit two or three nights and |
have been trying to keep up with my |
examinations lat University of Fennsyl-
vania). l want 10 60 back and get a !
little rest. / have got to get |
ready for my examinations. ! have had
a pretty hard time Of it," Cole said
he hoped Miss Wilson would get better
and Montague said 80 too. The men
shook hands and said goodbye to each
other.
MIR. Hayes examired her as to her
testimony before the coroner's inquest,
and she affirmed her statement there
made that Cole shook hands with
Montague and said. YOU'RE all right,
old boy" and Montague said, Were
friends. at any rate,n and they parted
as friends.
Now, we better have the rest of this
conversational remarked Mr.. Cooper.
The witness proceeded to relate it,. Cole
being in the room and Montague IN
the hail. Cole said he "hated to see .
woman lead the life she was leading"
To refresh the witness recollection,
Mr.. Cooper asked II she did not say to
him Thursday that Cole was fussing
at her at the manner Of her life and II
Montague did not cry that he would
take care of her. She assented after
some fidgeting.
Upon REORGANIZATION she said
Montague hardly spoke loudly enough
for Cole to hear.
John g. Purcell. police officer, testi
fed that he was at the patrol station.
When Montague was brought there.
DIR. Quinn saw Montague there and
witness took tho injured man to the
Delaware Hospital.
DIR. j. ". Bastian testified to seeing
Montague at the hospital and finding
three wounds on his head. He said the
wound on the left side OF the head
could not have been made by fall on
fiat substance. The fracture of the
skull was not discoy cred until the
postmortem, although evidences of it
were found.
DIR. D. !. McColley was again called
| to establish the fact Of the death of
| Montague. The doctor knew him per-
sonally.
DIR. H. w. Briggs corroboi ated the
statement Of other physicians.
James Il. Staats was recalled and
stated that Cole was in his sight from
| the time the assault was committed
| until his arrest.
At 1927 MIR. Cooper announced that
the State rested.
| INSANITY, THE EEFENCE.
Before opening to the jury Mr..
Hayes asked 10 have the second count
of the indictment stricken out on the
ground that it detailed the wound on
the right side of the head which was
not shown to be mortal. The court
declined to rule it out and an exception
was noted.
In opening to the jury Mr.. Hayes
said that the learned deputy attorney
general had defined muroer in the first
degree as where man in sedate and
deliberate mind with express malice
aforethought kills another.
I'VE will show you," said the
attorney, that this poor boy in tht
dock had not sedate and deliberate
mind; in other words that at the time,
he was insane, and il wesshow you tha
as we will, as | am instructed by ths
witnesses that We will, We will ask a
your hands verdict of not guilty b,
reason Of insanity.
I'VE will show that he inherited in
sanity both from his father anl
mother, his father dying after leaving
an asylum, and his maternal grand
mother being insane.
I'VE will show that this poor boy,
student at the University of Pennsyl
vania, had placed all his study il
three OF four weeks ahead of thi
alleged crime and that the effect Q
that was TO underbalance his mind
that he was continually under the in
4 | tluence Of narcotics and stimulents t
, keep him uplto his work; that On tn
, very day on which the offence wa
committed be WAS insane, crazy; in
capable Of forming criminal intent.
/ I'VE will show that tho bat wa
i brought by what they have called th
r slim man, us a joke, that the prisone
a had no intention when he came TO Wi
: mingtoJ Of hurting up the decease
! or Edna Wilson.
+ 1--WE will show you that he ha
r parted with her never expecting to Sc
her again. And il We do show yo
!. these things we will, under the statut
"a law of this State, ask verdict of nc
guilty by reason OF insanity.
Il The first witness for the defence W.
Mrs. Mary A.. Robertson OF No. 1924
!. Locust street, Philadelphia, at who's
house Cole boarded for Two years. 81
testified that on the morning OF Ma
- 18th he arrived home about c'cloc
y and went to bed saying he felt badl,
% He came downstairs between IL and
o'clock and ate nothing. He went o,
= = and returning complained of feelir
- - badly and went to bed again. Vine
~ he get up late in the afternoon
u asked if it was Wednesday mornin
. but she said it was just before suppe
a as he couid know by observing ii
~ men coming home from work. In ii
a evening he sat out front awhile ar
~ " retired about 0 o'clock. When he e
~ up Wednesday morning, the 18th,
:, said nothing and was moody. Ty
~ friends, Bcrtolette and Barriclea
came to see him in the afternoon, al
~ Cole got a kettle Of beer. Bnrriclei
u =; and Cole started for the train, Il
~ former carrying baseball bat belon
Us ing to Mrs. Robertson's son. 81
went after Cole because he had
4. umbrella.
ns MIS-. Robertson stated that Cc
:. acted something awful crazy" I'll
- was stricken out. He had been stud
~ ing hard for weeks, night and d
~ almost for two months. He drar
sometimes.
l,e ACTED AS A CRAZY MAN"
il. Taking into consideration, so
ed Mr.. Hayes, 1.-THE fact that Cole b
re been studying as you have detail
here from the first week in March
[r. TO this day; the fact that he was su
SIX ject to these spells that you have {
th tailed here. aud the fact of his bel
lis moody, his head hurting him a
nut drinking on the 18th Of May last
! a your opinion what was his mental &C
IN dition on that Wednesday afternoon
M The State objected on the grou