New-York tribune., 1901-02-28
ARGUES on EVIDENCE.
Mr. wELLMAN, IN PLEADING FOR DAVIS
DECLARES MINNOCK'S TEST
MONY WORTHLESS.


read nurse IN the insane payil on Of Bellevue Hos
pital The trial OF Davis the charge OF causing
the death of Louis II. Hillard, one OF the insane
patients in the pavilion, December Il last, has
occupied the attention Of the court Tor more 'hal
weeks
Assistant District Attorney Pierce. for the prose-
cution closed the testimony in rebuttai on Tues
Gay, and Mr. Wellman began his address TO Tie
jury then. His arguments on Tuesday were con-
fined chiefly declaring worthless the testimony
Of Thomas J. Minnock, the chief witness for the
prosecution in continuing yesterday. Mr. Well
man spent much time in attacking the crediblHty
OF the tRo insane witnesses who had been called
by the State. lie did not finish until Iate IN me
afternoon session of the court. and adjournment
ordered until this morning, when Mr.. Pierce
viii sum up for the prosecution. There IS prooa-
hllty that the case viii 10 the jury this after
noon.
The prevailing opinion OF auditors who had
listened the testimony in the trial and TO Mr.
Wemans summing up seemed TO be yesterday
that The result would be d verdict for acquittal
The jury is composed Of men of intelligence, whose
questions have brought evidence tending TO dis
credit ihe theory OF the prosecution that Hilard
was choked 10 death with sheet by Davis Mr.
Nslman appealed 10 the reason Of the jurymen,
quoting freely from the testimony TO sustain his
points, and making attempt 10 work upon their
sympathy.
COMPARING WITNESSES STORIES.
SIR. Nellman has not been able TO get before the
jury the letter which, It is asserted. Minnock
20 his foster mother after he fled from the juris-
dIction OF the court
In continuing his address yesterday Mr. Well
said he believed that Miunock's testimony had
heen discredited completely, but the District
ney might argue that there was enough in the
testimony of the TWO insane men who had been
called 90 testify for the prosecution Justify a
conviction even If Minnock's testimony was thrown
out Rut MnnoCks Testimony important as
showing the worthlessness of the testimony of the
TWO insane men, Minnock was the only sane pa
tient in the pavilion time OF billiards death
he Was there. shammng insanity, in the hone OF
getting material for a sensational newspaper story
IL ne did not see sheet used or Hilliard then no
sheet Was used. IL he saw no sheet used then the
Two insane men could not have seen a sheet. How
tnen, cld The Two insane men come testify about
a sheet being twisted around HIsliard's necke The
explanation was 10 he found parity in NIinnock's
testimony.
In Tho first newspaper story written by Mnnock
ne made no mention Of sheet although the news
PAPER compelled him 10 make an affidavit for nrb
ioation lie made mention of the sheet IN his
hTst testimony al the Coroner's inquest Not until
ne was recalled before the Coroner and had written
another story, two weeks later. did he say sheet
had been used. II beyond belief that 4 news
paper reporter, looking for sensational material
could have forgotten the sheet incident il II had ex
listed. But Minnocks second story was accom-
psneo by picture representing Hillisrd being
stransled with sheet The second story was
nased on the report Of the autopsy. Dr. DonlIn had
found broken hyoid bone in billiards throat and
mao Jumped 10 the conclusion that Hilliard's
death had been caused by strangulation because
N cases Of death hy hanging the hyoid bone was
usually i!Nker To account for the strans,,lation
Minnock introduced the sheet in the story The
story and picture had made such an impression on
the minds of the TWO insane men. who had seen
the struggle between Hilliard and the nurses that
they thought they had seen HiIliard straneled
with the sheet
II impossible Mr Welman said n Usta,
90 the statements Of the Insane men on the Wit
ness stand without feeling OF sympathy
Even their rnaiady aroused sympathy. II was a
TACT. however that they could not be trusted 70
testify. They could not he punished for perjury.
IL one Of the men had killed his keeper on the
way back 10 Wards Island from the courtroom he
could not be indicted punished for rnanslaugbter
because he was considered irresponsible in the
"Nes or the law. Why, then, should any responsi-
p1tE or credibhty be attached 10 the testimony
Of such man?
cREDIBILITY OF INSANE MEN.
You viii find said Mr. Wenrnan ..,ba,
most insane persons are full Of imagination They
mink that they have seen any number of things
which they never have. Why. The very reason g-e
All listened 1" them closely and curiousIy WAS
because we knew their minds ere diseased In
sanity is defence 10 any charge. You can't e,ep
punish an insane man for perjury. Why the testi
monE OF an insane man T. like an aIibi. | wasn't
'hs'e- Ny MIND wasn't there. Are you going TO
conNict man on the testimony of witnesses who
Z
they do? How much less responsible are they for
what they say? And remember about the prisoner
Going on the stand in his own behalf II WASH,
Necessary. II he hadn't done So and the prosecut
ing attorney had even much as referred to the
Tact. the case would have been dismissed In Eng
land man is not allowed be put on the stand
in his behalf
Just realize said Mr.. welman what an i'm
pcrtant thing a motive is. Here We have rone
The only thing that is mentioned is that TIlI,a,d
wouldn't eat his supper which Is ansolu,al,: al
surd
Mr. wenan had no1 finished speaLdne a.
o'clock. when hours adjournment was taken
Just moment before some persons IN the court
room learned that there d fire in the Criminal
'our7s Buloing but proceedings went on as usual
ANALYZING EXPERT TESTIMONY.
After the recess Mr.. WelIman began to analvzs
me testimony of the experts 10 show that HI
nara death was not caused by straneulation but
vas 6ne 20 heart disease. lie recited som. ,,r,s
~ the testimony given by the eminent patholoeists
- prove that Dr. Donn had been mistaken ,n his
report Of the cause OF death and had julnped Ia a
wrong conclusion when he found the broken hyod
bone In Hilisrd's neck. He referred 10 Dr po.
hedy's declaration thar Hiliiard's death prohably
WAS caused ny heart exhaustion after a STRUGGLE
as the clesrest explanation that had been made
lPT- Denlin mad admitted that there had been no
microscopic examination Of billiards heart tissue
20 discover II there had been heart disease b,,, 81,
ny DIR. Connors stethoScope. Ir Conner go -
amined Hilliard I'm lie and had fornd n, iii a. eN-
tered with vslvulsr disease OF The heart WbtnS %
s Die 70 cause his death al any time III he -
ards desperate Efforts ' 10 eseape f2oo that nat
nurses who were trying 10 restrain him from yio-
only what they were required 10 do 10 protect him
sno others from his owp violence. and IL DR. Dom
Hard had vaivular disease OF the heart he never