Delaware gazette and state journal., 1899-11-30
|IRIAL OF MONTYALOO A. COLE
toontlnued from second pags.l

william Benson, bartender at the
mai Western, testified that from what
cav of Cole, as he had testified,
roo was sane on May 18th.
pessic Gray, Carrie Smith and Emma
Eil,on who saw Colo ON May l7th at
~ Orange street. swore that he wns
ana, In reply to Mr.. Hayes they said
tbey had had no experience with in
aDe people,
.uole that Cole was sane at the time.
Dn ross-examinntion Staats. in reply
to question about experience with
nsane persons, said he had worked at
steam fitting for six weeks in an insane
ssylum when he had chance of obser-
Eing the inmates.
Edward Krause, proprietor of the
Hotel Western. Fourth and Orange
nects testified that he saw Cole thore
m the night of May 18th for % to 30
minutes. Cole was standing around,
listening to the music and was very
ouiet, The witness saw nothing to in
licate that Cole WAS insane.
Dr. Daniol |. McColley was asked
his opinion of Coles mental condition
n yjew OF what had been testified to
4 to his acts. He said in his opinion
tbe facts did not show insanity.
Mr.. Hayes asked il he took into con-
liberation the spells of melancholia
g testified to- The doctor said he did.
Dr. McColley said that mplancholia
was symptom of insanity and would
Infect ones thought. He did not think
man with it would be able to study
Is Cole had DONE
Dr.. John Palmer, Jr., who had heard
Practically all the evidence as to Coles
|nenal condition, swore that the facts
testified to were not, in his opinion,
Evidences of insanity.
Mr.. Hayes asked il he considered the
|spells Of melanchoiia which had been
nentioned but not described, and DIR
Palmer said he considered them as
similar to the ones described. Mr..
HAYES wanted TO know whether the
details of those spells might have
changed his opinion.
DE-. Palmer said they might not; he
vould have TO hear them before decid-
1g Melancholia was form of insanity.
DR.. J. W. Bastian corrohorated the
ether physicians. He said he had sew
ea cases of insanity.
State Detective Bernard j.. McVey
testified that on Tuesday he and
Detective Gallagher called on Mrs.
William Robertson, who was Coles
boarding mistress; that Gallagher
asked her if Cole wac crazy and
that she replied: CRAZY? There was
nothing crazy about that poor boy, he
was one of the incest little bodies that
ever stopped in PERSONS house. "
On cross ss-examination Mr.. McVey
said Mrs. Robertson said that Cole
vas crazy drunk on May 17th.
The State had intended to put De-
tecive Edward j. Gallagher ON the
stand, but he had not arrived when The
State was ready and having no other
Witnesses, Mr.. Cooper announced that
the State closed.
The defence offered no further testi.
mony and at TO- IA O'Clock that part Of
the case was closed.
Then prayers were presented to the
rourt. The State asked the court to
define to the jury what constitutes
murder of the first degree; that malice
j: the test of murder and IN legal
sense is the dictate Of wicked, de-
paved or malignant heart and OF a
disposition to do tho evil act, and that
express malice is where one with a
sedate and deliberate mind and formed
design kills another, and that such
malice may be established by words,
threats menaces, hatred or Ill will, or
by the selection of a deadly weapon,
or by the formation Of a plan to dc
Some great bodily harm.
That the statements OF the prisoner
on the night of the 18th of May in the
saloon at Fourth and Orange streets
that he would get the sucker, or get
the - - - before he left town,
and also that his statements in the
house at No, 227 Orange street, that
ho would cover the deadly instrument,
which he carried in his hands, with
blood and gore, with gray matter, that
he would decorate the deadly weapon,
together with the fact that he stood
oyer his PROSTATE victim and struck
him twice over tho head after he lay
senseess upon the ground, must be
takan by the jury as absolutely CON
clusve rs to express malice II they be.
leye such evidence.
That the use of deadly weapon
always implies an intent to take life as
every person must be presumed to in
lond the natural and ordinary result:
ol their own acts.
That overy person is presumed to OF
zane until the contrary is shown, ano
Inc burden Of proving insanity rests
uFun the defendant which he mus
establish beyond reasonable douh
and to the satisfaction of the jury be
lore 1t can shield him from the natura
consequences of his own delibei ate act.
Where insanity is set up as defence
TO crime, it must be such a nature
Is TO deprive the prisoner Of the powel
10 designate between right and wong
II a criminal be partially insane .ant
YET possesses a will sufficient to restrain
lle impulses that may arise from thu
diseased mind, such partial insanity j
hot sufficient 10 exempt him from re
sponslbility to the law for the crime.
10 excuse one from crime on thu
ground of Insanity it must be estab
ished to the satisfaction of the jur.
hct only that the defendant had insan
soiusionS or was at t1meSi melancholy
nut that he was insane upon tho par
ncular act committed.
Partial insanity, even when it i
clearly shown to exist, is not always o
necessarily an excuse for crime. Their
are many varying shades of it. man,
degrees Of it.
1t is not every wild and franti
humof OF man or strange and I'M
accountable conduct that will shoy
MN to be laboring under insanity.
That the jury must not confoun'
urunkenness, anger. wrath or reveng'
with actual insanity.
That jury is never warranted il
ihicrring that man is insane from tn
mere fact of his committing a crime
Ut from the enormity of the crime.
Upon Mr.. Hayes application tn