New-York tribune., 1901-02-14
NURSES JURY COMPLETE
TESTIMONY OF HILLIARDS WIDOW
HEARD.
HEARING MARKED BY BRISK CoNTRo-
VERSES BETWEEN COUNSEL-POLICE
TELL OF TYING PATIENT

TELL OF TYING PATIENT
Thanks largely to the careful preparatory work
done by Henry Winthrop Gray, Special Commits
soner of Jurors the choosing OF jury try Jesse
r. Davis. Bellevue Hospital nurse, completed
in short order yesterday. and the Court began TAX
ing the testimony which is intended support
the charge that Louis H. Hilliard. a patient in
the insane pavilion at Bellevue, killed by
abuse inflicted upon him by the defendant and
two other nurses
This is the jury;
CAsLIM Patrick. a retired real estate dealer. OF
No. 944 Eghth-ave.
CLEARY. William H. manager. of No. !, ,4Os Third
DE sS BRSAIKEhEER, IER, Edmund. appraiser No 2s
DEAN. Caspar w. insurance No 1S6 Liberty-st.
EDWARDS. Charles A, manufacturer No. Al Full
ton-st.
Trust Company
HOE. Roland publisher Of No, % West Twenty
KoHLER. Emil manager, No I.12s Broadway.
scHUTT, George NJ, cotton broker. Of No. 1.2SO
Madison-ave.
SYOLLO, r. c. clerk Of No Al Fast One-hun-
dred-and- -nineteenth-st.
WHbED3N bSIS1Sd Charles c. papsr No, 80 West One
WILSON. William l.. boolkeeper. Of West Two
hundred-and-first-st
The trial is taking place in Part II OF General
Sessions. before Judge Cowing Assistant District
Attorney Franklin Pierce has charge of the prose-
H. B. Anderson appear for the defence.
The days proceedings marked by several
lrisk legal controversies between Messrs. Wellman
and Pierce and the Judge. When Mr.. Pierce
opening the he said
I'VE have proceeded here for murder
was criticised for seeking an indictment for
murder"-
Il object TO this" said Mr. Wellman.
We have conceded to the defence continued
Mr. Pierce. that these nurses did not intend 10
in no first md de-
grees involves intent TO Kill: manslaughter does
not. We have proceeded under Section 377 Of the
Penal Code"
81 object 1t is for the Court not for the Dis
trict Attorney 70 give the jury the law. said Mr.
Wellman.
The objection is not allowed" said Judge Cow
ing.
Il have never been desrous be fair than
/ am in this case" added Mr.. Pierce
Mr.. Welman retorted: In view OF the District
Attorneys desire 10 be fair I ask him TO read Sec
tion pa This is the section which says that
the use OF force violence IS not unlawful in pre-
venting a lunatic from committing act danger
Gus TO himself others, or in enforcing necessary
restraintD
You are out Of order" said the Judge.
"out OF order?" exclaimed Mr.. wellman inter
negatively.
NO knows better than YOU that YOU are OUT
OF order" said Judge Cowtng
That I am obliged with all due respect 20 the
Court. TO deny said Mr.. Welman
Then your ability does up 70 the
standard thought it did replied the Judge.
The first witness Mary Hilliard widow Of
Louis Fl. Hilliard She told OF her husbands re-
from Boston December u. Of his going to
the French Consul OF her learning that he In
Bellevue. where she him IN the insane
pavilion on the afternoon or December l2. While
she was there DR.. Fitch present about FIVE or
eight minutes and examined her husband He
was walking about well myself He had
black and blue marks on his face" she said
The next day she her husbands body In the
Morgue The marks his forehead. she said.
were larger than on the day before and there was
an injury on his left hand She was too horrihed
20 look further. she added on cross-exanination
Mrs billiard denied that she had told pr Fitch
years and that he had taken her 6y the throat
without cause on the morning OF December IL She
kald tnat she had told DR. Fitch that he had shaken
her by the dress because she too slow. She
her husband that morning. She said her husbsnd's
@ hf va natGral i ~heh she saw him in the after
TO excess. ''' " ''''N
The cross-examinatiou brought out that Hiniari
nal Sald 10 MS wife when she asked him how ne
was hurt; VI Il don't know and don't want know
billiards visit and Of his removal 10 the Old sin
p9niIese station He said that ne no bruises on
Patrolma9 John II Hauser told Of taking Hmiard
no bse me Oh SIP Pr police station He said iard had
Patrolman Eaton told Of Hilliard's obiecting 70
cause ,b IN thfy mad put another patient in IT,
that there was any violence used In the operation
or any occasion FOR H.
Why did they tie his feet?" asked Mr. Welln,an
To keep him from hurting the other patients"
was the reply.
He was kicking and struggling them
He pretty Violent
HE would not keen still
But he got away from YOU
NO. he didn't L."
"Hiliard pretty strong"
An excited man Is generally rather strong"
The court then adjourned until 1890 O'Clock this
morning.
Mr.. Pierce said I'm regard proprlety % call
Ing insane witnesses that the United States Su-
preme Court had unanimously agreed that such a
course was proper I'm the the District
Justice Field I'm a lengthy decision holds that IN
lunatic asylum the patients often the only wit
nesseS or outrages upon themselves and others
mited i'm such places If the only persons who could
give Information not heard. In the same deci-
sion Justice Field held that the person afflicted
with insanity is admissible a witness II u ap-
pears to the court. upon examination OF him and
competent witnesses. that ne has sufficient under
standing TO appreheud the obligation OF oath
and he capable Of giving 4 correct account or
the matters which he has heard In refer
To the question at issue
Mr.. Wellman said he would combat the admission
Of insane witnesses. nevertheless. The decision
Of Justice Field. Mr.. Wellman said. was not
I'm a criminal That question did not involve
the liberty Of a person. Counsel for both sides
said that the testimony OF Ann McDermott, wit
ness reported as missing. was immaterial.