Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1900-07-03
WAS INSANE
FROM Drink
DEFENSE ADVANCED FOR PETER
DEMPSEY ON. TRIAL FOR
WIFE-MURDER.
TESTIMONY ALL IN AND
ARGUMENTS COMMENCED,
Expert Testimony on Alcoholic Mad
ness-Evidence Against the
Insanity Theory.

The trial of Peter Dempsey for the
murder Of his wife on April Is was re-
'sumed in Judge Clancy's court
but the testimony portion of 1t was soon
brought to a close. The only defense the
prisoner made for the commission OF the
crime was that Of insanity brought on
by the excessive use of alcoholic liquors.
principally the consumption of pure al
! coho0 itself. So far as known Dempsey is
without a real friend on the face of the
! earth, and to make matters worse for
him he has not had money to employ that
array of legal talent with which the
conduction of d%efenses in other cases
tried here " been marked. Thomas
A. Morrin, the attorney that defended
him, was employed by the court, but not
~withstanding the SMALL fee allowed by the
state in such cases he did not shirk his
duty in the least. Moreover, he put up
an excellent legal fight for his client. If
the presence of women relatives OF a
prisoner in a court room has anything to
do with creating h sympathy of jury
men in behalf Of a prisoner, he was
handicapped in this respect, for no wom-
an has looked Upon Dempsey since his
Incarceration. At no stage of the pro-
ceedings did the prisoner appear hopeful
Of the result OF present that bold front SO
noticeable in many other men charged
with grave crimes. He sat with his eyes
trained on the floor most Of the time. He
was not ~endeavoring to feign insanity,
for neither he nor his attorney advanced
his theory as a present condition Of the
prisoners mind.
At II O'Clock the testimony was all in
and the arguments commenced. The jury
will nave the case before the sun goes
down today.
Peter ZanO, a German, was the first
witness in the case his morning and his
answers to questions were amusing as
we'll as to the point. He expressed the
belief that Dempsey was not right in his
mind. He spoke low and the judge, in or
der to ascertain what he was saying, ask
ed him some questions.
what did you ever see about this
man. said he, that led to believe he was
foolish or ~insane?"
by Got, I always thought he was off,
was the reply.
What are you going to do with this
mane" said the judge addressing the
county attorney.
Dr. Albritton testified as an expert on
insanity, particularly the brand with
which Dempsey Is aid to have been af-
hicted at the time he committed the MUIR
der. { Among other things he said that
one of the greatest Authorizations at
tendant apo alcoholic insanity was a
tendency on the part of the afflicted to
1AAAoEAAlC lAlSC as Uc11l6 pcISCCuI6Q by
his best friend. He said that Drs. Will
lfamtA. Hammond n Theodore H. KEEL
lOggtwere renowned experts on insanity.
The treatise of these physicians was Of
fered in evidence by the defense but the
prosecution objected and the court sus-
tanned 1T.
The doctor then continued his testi-
mony. Asked what, as a rule, was the
result of a personal examination Of one
thought to be insane, he answered that
such an examination might result In the
discovery of nothing that would tend to
show an unbalanced condition of the
mind, but at the same time If a close
watch should be kept on the patient he
would be found to be insane. He de-
scribed the distinction between alcoholic
insanity and ~dipsomania, saying the lat
ter was the desire for drink and the for
form of insanity. he said, an inability to
control the will owe All derange-
ments of the mind, in his opinion, were
forms of insanity, but idiocy was a con-
dition due to an absence of brain power
! at any stage Of existence. There was a
/ difference, he said, between alcoholic in
sanity and drunkenness. To relieve the
former condition it would be necessary
,stO confine the patient in either a prison
!, of asylum, thus cutting off the source OF
beverage supply, while drunkenness was
simply a transient stage of mental de-
rangement.
James Leyden and Policeman Fogarty
testified in %rebuttal. the former saying
tina Dempsey did not appear to be in
sane when sober and the latter declaring
he did not believe him insane enough tc
commit murder. The latter portion OF
MI. Fogarty's remark was ordered
stricken out.
The state closed it's sid yesterday aft
erno0n and at it's conclusion Attorney
lMorrin asked tina the charge against
Dempsey be dismissed. as there had beer