Evening star., 1909-05-27
JURY PONDERS FATE
TriIIing's Counsel Score Off
Government Witness.
|ALIENISTS GIVE TESTIMONY
Defendant Unable to Premeditata
Crime, Admits DR.. Shute.
PRISONER WEEPS IN COURT
Breaks Down When Sister Tells Of
Recent Death Of One Of
His Children. &
ALIENISTS GIVE TESTIMONY
PRISONER wEEPs IN COURT

The testimony OF noted alienists was
offered by the government this afternoon
to break down the plea OF insanity inter-
posed by counsel for John p. Trilling. on
trial in Criminal Court No. 1. Justice
Gould presiding, on an Indictment charx-
ing murder in the first degree in connec-
ton with the death Of Mrs. Lucretia Cor
liss January 20 last at 612 L street south
west.
The defense scored heavily on its cross
examination Of DR.. D. X. Shute, one Of
the governments alienists.
In response to questions by Attorneys
Thomas c. Taylor and Mark Stearman.
the physician admitted that when he saw
the defendant, the day following the trag-
edy. Trilling was unable to premeditats
or deliberate.
Should the jury accept this testimony
1t is thought that the verdict will be mur-
der In the second degree. because delibera-
tion and premeditation are elements
which the prosecution must establish be-
fore 1t can ask for q verdict carrying the
death penalty.
Considers Trilling Sane.
DR.. E. NJ. Brush of Maryland. another
Of the governments experts. under cross
examination, declared that he saw Trill-
ing on the same day on which DIR. Shute
had said he could not sufnciently delib-
crate. In his opinion. DR.. Brush said. the
prisoner then was sound In mind and had
fx~,- ~,n<ltt tnti
SPIT Zinkham Of the District work
house. testifying for the government. said
that Trilling had been under his observa-
tion on several occasions when Iriiiing'
was doing time" in the workhouse. In
his opinion. he declared, the DEFENDANT
was then perfectly sane.
Dr. William A. White, superintendent or
the Government Hospital for the insane.
testified that he examined Trflling last
Monday and discovered absolutely no evi-
DR.. White was subjected to a rigid
cross-examnation. but his testimony was
unshaken.
The taking OF testimony was concluded
at 1 80 this afternoon. Arguments or
counsel followed.
The case was given to the jury late this
afternoon.
Trilling's Sister Testifies.
One Of the principal witnesses for the
defense this morning was Mrs. Mary Die
gelmann, q sister Of the defendant. who
told of his love for his children and OF
his queer actions after his liberation from
the workhouse when he discovered his
children had been placed in the asylum.
She told the Jury that Trilling on the
day of his delivery from the workhouse.
the Sunday before the tragedy, spent
cents that had been given him TOR car
fare in purchasing three apples for his
children.
with his purchase he walked, she
said, from the workhouse on the East
ern branch to st. AIMS Asylum. at 24th
street After giving the apples to his
children he walked to the house OF the
witness. where he was exhausted from
Asked how many children Triliins had.
she answered:
'.He had three; but We buried the young
est last March,"
noticeable throughout the trial, was over
come as he heard the testimony OF his
sister as to the death and burial OF the
baby whom he loved SO well. He broke
down completely and tears streamed down
his cheeks.
Attorneys Thomas C. Taylor and Mark
Stearman. for the defense, offered num-
iber of witnesses this morning to snow
that Trilling had been drinking heavily
homicide. They also called DR.. Watson,
assistant physician az the jail. who testi-
fIed that he treated the prisoner for al
coholism after he was brought to the
Jail.
Trilling Breaks Down.
After The stars report closed yesterday
Trilling broke down and wept when his
sister, Mrs. Maggie Thompson. told OF his
love for his children and his solicitude for
their care after domestic difaculties had
broken up his home.
Mrs. Thompson said her brother was
quiet and unobtrusive when sober. but
when drunk acted like q maaman. m wnen n
previous difficulty the children were
placed in an asylum, she said, and this
seemed to weigh heavily upon the nina
Of the prisoner.
"On the day of the murder" said Mrs.
Thompson, Il felt that John was crazy;
and intended having him arrested ana
tried before q lunacy court
Talked Of Regaining Family. =
Joseph e. Cotton for the defense told
of q visit paid him by Trilling several
days before the murder. He said he dis
cussed with the prisoner what to do to
regain his wife.s affection and to re-es-
tn ablish his home and secure custody OF
his children.
Mr.. Cotton admitted on cross-examina-
ton that the defendant appeared to him
then as having a fixed purpose to DO
some one harm, and that he was drink
ing to gain the necessary courage 10
carry out his intention.
Harry B. Durham told the jury that
Trilling acted as one insane. On cross
examination he admitted that this theory
had not occurred to him until several
weeks after the tragedy.
DR.. Mary O'Malley, assistant physician
at the Government Hospital for the In
sane, testified that Trilling's sister had
been an inmate of the institution for
about eleven years. Testimony to show
that Trilling Is similarly afflicted was
ruled out.