The Sentinel=record., 1914-01-24

lad Sten w OoilndH duOul O ClOCh and had seen him again in the after noon. When he went into the sick mans room Woolman recognized him and moved his lips, but he did not re- member whether he spoke or not. He testified as to the wounds Woolman had inflicted on himself, and that if either of the bullets had gone straight, instead of being dehected by ribs, they probably would either have proved fatal.
 In response to a hypothetical ques tion propounded on the facts as claimed by the defense, and which dealt only with the incidents leading ing up to the firing of the first shot, Dr. Wood thought the defendant might have had a lapse of conscious ness thereafter, but in response to a hypothetical question on cross exam ination by MT. Cobb, Dr. Wood swore Woolman was sane, according to his belief based on the authority on men, tai conditions and diseases.
 Attorney Cobb made the strongest point for the state, however, when he went further and propounded to Dr. Wood a hypothetical question based on the evidence of Ben Woolman, in- stead of going further aand passing it in the contention of the state in gen eral, and in response to this question, Dr. Wood said Woolman was sane.
 Dr DaCosta Walker was called and answered under a Hypothetical ques- tion from Colonel Murphy that it was his opinion as an expert that Woo,- man was mentally irresponsible, view ing the conditions as ppropounded in the question. He believed that the mental Responsibility, or the lapse of consciousness, might have come hastily after the first shot, or with the first shock, and might have lasted awhile. after which there would have been profound sleep.
 In answer to a brief hypothetical question from Attorney Cobb, Dr. Walker answered indefinitely, and the attorney did not propound the ques- tion based on the evidence of Wool man.
 In rebuttal, however, Dr Robert c. Davis was called, who is generally admitted to be most expert in mat ters of this kind. Dr. Davis had the hypothetical question prepared by the prosecution propounded to him, de- lineating the facts as testified to, car rying the question on to the things that transpired as testified by Wool man, and he answered that it would be his opinion the man was sane.
 Dr. Davis was asked if the man under the conditions would remember the details of what transpired or the more important incidents, or any thing, and he replied that he would most likely remember the most i'm portant happenings.
 Asked as to whether Woolman could carry on the business of cigar dealer. deputy constable, delinquent tax collector, invoicing goods, and other vacations, and still be insane, Dr Davies testified that such could be true
 Relative to the lapse of memory that would come under the hypothe- tical condition outlined by the de- fense, Dr. Davis testified that the lapse would take place immediately after the first serious part of the tra- gedy, and that within two hours or within short time, deep sleep would follow.
 The first shot would cause a lapse of consciousness. he testified, under certain conditions; but on redirect examination he testified that there were no forerunning symptoms Of transitory insanity.
 The hypothetical question based on Woolman's own evidence, and pro- pounded by Attorney Cobb, and which Dr. John s. Wood swore in his opin- ion, Woolman was sane, was as fol- lows:
 ''If it be true, that a man who is say fifty-five years old; who has had improper relations with a woman GOV. ering a period of two and a half or three years, and that there had been frequent quarrels between them, in which it appears that the woman was the one who brought on the quarrels, and that these quarrels were brought about because the man would not vis- it the woman oftener, and in said quarrels the woman would accuse the man of illicit intimacy with his own daughter, and that these guarrels occurred at somewhat frequent in tervals from February, 1912 to Febru- ary, 1913, and that on several occa- sions when the parties would be quarreling the woman would draw pistoi upon the man, threaten to kill him, but he would disarm her and by persuasive talk induce her to calm herself; and that about eleven o'clock on the night of February 4th, 1913 the woman called the man over the Aota hn