New-York tribune., 1901-02-16

! story of what he fac SEEM asked the Court
Yes"
Q-Has he sufficient mental capacity 10 unGet- Ger
/ stand the nature cf oath? Al believe ne has
Ur. spennan testified that Zacharias Van Bier
kau. another patient, suffering from paranoia
Q.-whst is the character Of that disease2 4.
H. has sys'fmatf dglgs3n r lhif afitimaie iii
You don't really near to call such witness
remarked Mr.. Wenan.
Il object TO these remarks TO the jury ss'a
Mr. Pierce
i don't hear them" laid the Court
o.-with rhe exception Of this delusion. what is
his congitionS Ais memory appears to 69
gosl re is able 70 relate facts as far nack Is
1857 with accuracy. and even before that
Dr. John T. W Rowe was called after the recess
He Is first assistant physician al the Manhattan
state Hospital He said that Chambers was suffer-
ing from paresis hut that his memory was good
Van BIerkau. he said suffering from paranola-
Aside from HIS mania, he would pass as sane
man. and his memory was good.
TN your opinion would ne be able TO tell cor
rectlv OF events on December IL and l2?' asked
Judge CoWing.
Yes"
Mr. Wellman's request 10 have DR.. Austin Flint
testify as to the credibity Of the insane witnesses
was denied Mr. Pierce read decision 70 the enect
that i'm cases where illusions OF an insane character
existed il was tor Il Judge determine whether the
witness WAS competent and for the jury 10 declue
whether TO creGit the statements OF the Witnesses
He quoted similar decision OF Justice Ielu' III INC
United States Supreme Court
''Wil the defence give NE authorities on 'he "'he'
side" said the Court.
Il have none" said Mr.. Wellman.
AN OLD CASE CITED.
You want me to overrule the United States su-
preme Court
This case which the State cites said Mr.. Well
man occurred in ISL when the old idea prevailed
that q Inouonariac WAS sane on all other subjects
erie has
mind affected in respect is generally dis
eased. ] ask you hear what my physicians say
as 10 the reliability Of such Witnesses
II YOU have any witnesses who have examined
these witnesses Na will hear them"
We applied for permission 10 examine them and
il denied"
i had no knowledge that such witnesses were
10 be called
Il apply for permission 10 examine them now be-
fore they aTs heard
Denied
I W1ll admit The Witnesses" said Judge cowiag.
''in conformity 10 the decision Of the Supreme
Court
Zacharias Van Blerkau. who Bellevue when
Hiliard died, and Is now patient on Wards
Island, WAS put on the stand.
o-How long Eas Hiniard there? A--only one
day. and then he killed.
Q.-Did soG see any violence on his part? A
Q.-What was his condition? Avery quiet. in
said EIilliard got q good licking that night. De
scribing the incidents OF December 2 he said
HnliarI could not cat because OF the choking he
got The night before lie narrated in detail the
Incidents Of the supper and rhe alleged choking ot
iiil!iard by DAVIS. The courtroom was still and al
listened inteuty as The witness told how Davis and
.he other nurses placed the sheet about Hillards
reck and tVisted IT, kicking him ana ttrapping him.
They dd al they could he said They couldn't
Go worse"
Van Berizau was then taken in hand by nv
weIlaan-
o-How did You know his mans H!niard?
a = heard them call him by name
Q.-Do you read the papers? A-Ao; have no
| tine.
must have been broken. How cd you knox thar
| Il You cid not read the papers, Al have common
Q+Your vile has put YOU. away before? A
f W Ftsp sic le ae6Td p1t von away AWe it was
very unpleasant home but II is private matter
90 "a Have Isv Tou anv children? My wife had
children. but ! don't want TO say anything aOout
.o'-Now, there are. i've children at home. are
there not? Al decline 10 answer
Mr. welnnan asked him whether he did not ex-
pect that his testimony would help him TO get out
OF the insane asylum. He said yes. but aeGed;
They could keep there ten years before
would say anything If it were not true"
IDENTIFIES DAVIS.
lanes H Chambers. who in the pavilion 81
the insane when HiIliard was there and Is no" on
Wards Island was next sworn. He cescrloed me
alleged incidents 81 SUPPER time on December i
- the attack upon E5iiard. with the twisting OF
sheet about the patients neck Hiil!ard was
taaa pulled or the bench, he said. and ne never
got up.
e-who was pu, the sheet about his ,s.Ts nsek'
Point him cut"
witness walked down 70 the bar and pointed his
finger at Davis.
c-What did Davis do2 Alt wasn't any one in
psf-tc'Ilar Th=v an set upon him. He made a
grand defence of himself II was Ike a panorama
OLiIow MANY times Was the sheet put about his
/ neck? A.-Wel. I couldn't say. but II was every
on mean On this particular evening. A-onee;
oaiy once.
On cross examination the witness was asked why
De said the nurses couldn't afford TO let Hlliard
Because he was so violent He might hurt some
4 one"
4 o-You expes I 10 get out soon? A.-Yes.
Q.-YoU talked this over with Ar. Ean Blerkau ?
o.oY5oua hope 70 get out soon? A.-The day isn't
o-so it has been arranged that you are 10 get
Q.-ATe you foIgetful? Al was, but now re
member better could draw a picture OF the place
/ / lived in when / fourteen years o40
J O.-Yuu tLiuh you great man. A.-My doc
! tor said genius, learn things quickly. !
/ dan when OTTER men who had been at IL for years
! could not set job. and ! learned 10 nurse my
| o-Do you hear noises in your head? A.-No. /
/ did before l left home
The Court adjourned until Monday at 1890 a
/ Mss SELIGuAN SUED FOR SLANDER.
/ HER FORMER MANAGER CHARGES THAT SHE