Evening journal., 1899-11-24
COLES DEFENSE
OPENED TO-DAY
Continued from first page.)

hello. Cole said hello. Montague
said Going homer Cole said: Il am
going home / have got to get ready /
for my examinations. l want to go
back and get little rest. l have not
had any rest for two or three nights.
have a headache. l am having a pretty |
hard time of it. Cole said he hoped |
: would get well. Montague said he
hoped so, too. Both shook hands and
said goodbye to each other"
In cross-eXamination Mr.. Hayes
brought this testimony from the wit
ness: Wilson (meaning Cole) shook
, hands with him (Montague) and said:
p You are all right. Montague said:
% we are friends at any rate "
They parted good friends?" was Mr.
/, Hayes next question.
Mr.. Cooper objected, and the major
, ity Of the court thought the question
proper. The witness replied Yes"
Mr.. Cooper said: I'VE may as well
/ I have the rest Of the conversation" and
+ he asked the witness: while Mon
4 tague was standing in the hall did Cole
= have anything to say about your course
= of living in Wilmington" There was
r objection to the question. but finally
the witness said: He said he hated to
see me lead the life I was living He
I , did not say much, but did say good
= bye"
Miss Wilson said Mr.. Cooper, did
! you not tell me in my office last night
y in the presence Of Attorney General
> White, that Cole was fussing at you
for the manner in which you were liv-
ing and that Montague replied and
Z said he would take care of your"
l. "He (Montague) said it to me, but not
in the presence Of Cole. It was near
the bed"
y Mr.. Hayes-"Did Cole hear that?" Mr..
Cooper objected.
Mr.. Hayes modified his question:
y How close were you when Montague
y said that?" Montague was near me,
.. and Cole was away over in the corner. "
Gould Cole hear the conversation?
p "I do not think he could"
9 This was the last question and the
. witness left the stand.
John c. Purcell, a police officer,
a. stated that he was at the patrol station
o. when Cole was brought there. He said
u he was in charge of Cole until Mon
tague was brought in. Witness said he
drove the injured man to the hospital
I latter the wounds had been examined by
DR.. Quinn.
nj Drs. J. w. Bastian, d. /. McColley
q Henry w. Briggs and John T. Stats
were recalled and repeated their testi-
mony of yesterday afternoon.
sdi Mr. Cooper announced that the state
Is rested. Mr.. Hayes moved Immediately
E. that the court strike out the second
IS count of the indictment. In this count
oflit was stated that there was morta
nd wound on the right side of the head
d. Mr.. Cooper insisted that the count re-
d. main The court refused to strike on
be the count. Mr. Hayes noted an excep
tion.
Dl- DEFENSE OF INSANITY.
IT. Mr. Hayes then outlined the defens
.er to the jury. He said: 'In giving thi
c. case to you, the deputy attorney-gen
sr~ eral stated that in his sedate and de
ne liberate mind. with expressed malicl
y; and aforethought, did Cole commi
C. murder. We will show you that he wa
&C. insane at the time, and if we prov
ar, this we shall ask you to render a yer
dict Of not guilty by reason Of insanity
to This poor boy in the dock inherit
7. insanity from his father and hi
ir- mother. His father died after leavini
he an asylum, where he had been treatel
ng for insanity. We will show you tha
oct three relatives on his mothers sid
were also insane. that his mind wa
unbalanced and that he used stimulant
and narcotics to keep him up; that b
oe was incapable of forming any crimina
~ intent; that he was brought here b.
a. what is called a slim man. that h
~ had no intention when he came here t
~ hunt up Montague or Edna Wilson. II
~ had parted from them, never eXpectin
an to see her again. If we do show yO
m this we will asked a verdict of guilty
L. SELECTING THE JURY.
er- In selecting the jury in the case q
ie- Cole yesterday the defense, Messri
Hayes and Townsend challenge
George Echenhoffer, George w. SartaiI
BENJAMIN F. Armstrong, George Ecklel
zen Thomas J. Middleton, John II. Bannini
ace Edwin C.. Clark, Thomas Jones, Edwar
art l.. Richards. Thomas r. Rutter Wi
be- liam p. Rhein. Clayton White, Charlie
ted II. Cannon, Benjamin r. Wells, ,ThOma
el- h. Lambe Andrew J. Lindell, James
av- Webb. George w. Nailor, Auley Hill
the William I.awton and POhn Peoples.
led The state challenged Horace ]
ide Groves, Devices Craig, Robert +. St'
' vens. Everett Hollingsworth, jaime
Marshall. Wesley j. Husbands an
James Wilson.
in Albert II. Way. William b. Kate
kid I nomas Harkness, James Davis. Micl
Vii lael Keegan. Jr., Charles Lang, Willial
ick Early and John c. Green, eXpresse
Of conscientious scruples.
are Jacob III. Spicer was excused becaus
but he was summoned as John H. Spice
William W. Maree was excused b.
cause of death of his son-in-law, Wa
ter Reed. Harry Christy was excuse
-, for physical disability Robert Burr
was excused because of being a count
20, officer. George Eckles and Edwin
80 Clark had expressed opinion. Mr.. Clal
~, was challenged because he had e.
NJ pressed himself in a joking way. III
.n,,, defense asked that he be disqualifie
~, The court refused to entertain the r
-" quest. Judge Grub dissented and sa
that a man who would joke about
grave p crime is not fit to serve on
.sa Jury The petit panel and speci
aa- Jurors panel was exhausted, and Chi
inn Iurfira Lore instructed Sheriff Tavl
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