Evening journal., 1899-11-25

prosecution might prepare its evil
dence The defense had not given any
clue as to what ground it would con-
duct its case. Mr.. Hayes did not want
a night session. "Your honor, | am
willing to come here at any time i'm the
morning" he said The court set 3
o'clock this morning, when the case
was resumed.
TESTIMONY IN REBUTIAL.
Chief Justice Lore ordered the jury
to be brought in at exactly 9.25 o'clock.
Cole was brought in at 9.2S.
William A. Moore was the first wit
ness called by the state in rebuttal He
said there was nothing in Coles actions
on the night of the murder that would
indicate that he was insane.
Mr.. Hayes asked: Talking the fact
that Coles father and grandmother
were insane, do you think that he was
insane?" Mr.. Cooper objected to the
question and the court sustained the
objection.
Mr.. Hayes then asked if he had had
any experience in observing insane per-
sons. The witness replied that he had
not.
Harry Chandlee, William Benson,
Bessie Gray. Carrie Smith and Emma
Wilson testified that they believed Cole
was sane on the night of the murder
In answer to Mr.. Hayes the witnesses
said that they had no experience in OBJ
serving the actions Of insane persons.
James 4. Stats, who saw Cole
strike Montague on Second street, was
'he next witness. He was of the opin-
ion that Cole was sane. In answer to
Mr. Hayes, Mr.. Stats said that he had
worked six weeks in an insane asylum
and had observed patients there.
Edward Krause, proprietor of the
Western Hotel, at Fourth and Orange
streets, said that ON May II, Cole came
in and was there twenty-five or thirty
minutes. He was standing around lis
tening to music and was sane as far as
witness could see.
Dr. ID. l. McColley said he had been
practicing medicine nine years. On be-
ing asked by Mr.. White if, in his opin-
ion, from the evidence as to Coles ac-
tiOns, which he heard yesterday, there
was evidence of insanity in the pris-
oner's case on the might of the murder.
He replied: No"
Mr.. Hayes-"Isn't melancholy a
symptom of form of insanity" Wit
ness replied yes"
do not persons troubled with mel
ancholy become Indifferent to things in
the outside world?" was put by Mr.
Hayes. yes" was the reply. In an.
lswer to another question by Mr.. HAYES
witness said that thought was some
times checked by such attacks.
Or. John Palmer. who has been prac-
tcing for seventeen years, and in reply
to the states question as to his opinion
OF Coles insanity from the evidence
brought out yesterday, said "There
| were no symptoms of insanity" He
| corroborated DR.. McColley's statement
that melancholy is a form of insanity.
DIR. j. W. Bastian, on being asked the
same questions put to the other physi-
clans, gave similar answers.
WITNESS FAILED TO APPEAR.
Detective Gallagher, of PHILADELPHIA.
was called, but he was not in the court
room. He was seen this morning at
Broad Street Station, in Philadelphia.
and he was then supposed to be on his
way to Wilmington.
Detective Bernard ]. McVey was call
ed and testified to going to Philadelphia
on Tuesday last to Mrs. William Rob-
ertson's home. Mr.. Cooper asked him:
In your presence did not Detective
Gallagher ask Mrs. Robertson would
you consider him (meaning Cole)
crazy and did not she reply 'crazvl
why there was nothing crazy about
that poor boy. He was one of the
incest little bodies that ever stopped IN
a persons house.
Being examined by Mr.. Hayes. Detec-
tive McVey said: Mrs. Robertson said
he CCole) was crazy drunk on that day
MAY 10"
STATES EVIDENCE CLOSED.
Here the state closed its evidence in
rebuttal and the court asked for The
prayers Of the state and the defense
Mr.. Cooper presented the states ant
Mr.. Hayes those of the defense.
All the witnesses in tho case agains
Cole were discharged from further at
tendance. The jurors not empanele,
In the Cole case were discharged unit
Monday morning. Witnesses in tn,
cases OF Jacob A. Daniels and Johf
Sweeney were also discharged unit
that time.
Deputy AttOrncy-Genoral Cooper be
gan his argument TO the jury at 1850
I'm me introduction of his argumen
Mr. Cooper said il was not for spit
that the state prosccutes this case. Thi
young mans (Colo) life is at stake fo
the protection of society. The exampl
to be made Of him is TO serve as a ter
ror to other evil doers. The onl,
thing that will deter wilful and delibor
? ate murder is conviction in the frs
b degree. II is your duty to "a true dc
y liverance make between the prisone
!, and the state.
This is a case OF deliberate and vii
g tul murder-like an assassin VIII
comes In through the window at nigh
and stabs his victim witch the stilettt
The defense claims that he had a ba
S head, a big head-was insane. VIII
S wouldn't have a big head after carous
/. ing about as he did? Why every ma
+ In this court room has been insane
State OF Ohio. City OF Toledo, Imca