The Challis messenger. (Challis, Idaho) 1912-current, 1922-04-26
eREYER FOUND GUILTY.;
\. LIFE IN STATE PRl& h
Continued from Page !

Continued from Page Fl her a
old: lived here thirty years es y1o %i c ~.
to Idaho in 81, direct to rever Tho a.
ty; that he spent two Of WV W 90
of his time at Yellow jaw curno,ns
first he was employed await and nos
hand and later acquir+ estif,ad as W. ~
perty and stock of hiion stating tha,
time being single; II Some Of them
hs f1j ,,testssd having heard OF
The teiendalit having trouble at var
ious times over water, etc.
DR.. F. p. Richards of Mackay was
at this time put on the stand and in
substance stated the following, and
not being familiar with medical terms
we will endeavor to give it as we un
derstood it. The witness stated that
he first became acquainted with Dan
lei Breyer on February Bird 1922, at
Challis, when he made a complete
mental and physical examination OF
him; that Daniel Breyer at that time
was calm in attitude and demeanor
| detected; that his memory was very
deficient; that he was very slow in
speech and thought; that questioning
excited him; that his mental capacity
was that of boy IA to 16 years old
At this time the defense's counsel
read statement purporting to be
the history of the incidents leading up
to the killing of Taylor. The witness
was asked at this time whether or
not in his opinion the defendant was
| insane or sane at the time he killed
| Taylor. to which the witness replied
that answering the question in gen
| eral. at the time of the shooting, he
would say that the defendant was
l Misunderstanding further that he thou
the defendant was not fit subject at
this time for the insane asylum; that
he made two examinations, Feb. 3
and April 23rd, 1922, and that each
Examination proved the defendant, to
be sane at those periods.
Harry McKendrick testified again
the substance being the same as that
when he first took the stand.
The first witness called in rebutta
was Ruth Breyer, a daughter of the
| defendant. She stated that she did
not remember whether Taylor cut
any wood on January 22nd; that he
brought wood into the house; tina,
Taylor always acted like gentlemal
around her home; that she slept &.
home on the night of the homicide
her bed being located about six fee;
from heavy curtains hanging in &
doorway which divided the bedroom
from the living room; that she never
saw her father show Taylor the door
at the time he came after the papers
that her mother never went to a
picture show with Taylor except when
she was along; that she had been in
bed and out of sight from her mother
for about fifteen minutes on the night
OF the homicide when the shooting oc,
Cured; that her mother was presen.
in the court room; the witness would
not say that her father did not show
Taylor the door.
Mrs. TunisOn then took the stand
and stated that she knew Mrs. MIL
lick and saw her at the Millick home
on January 23rd., the day following
the homicide; that others were pres
emit; that Mrs. Millick stated to her
that she warned Dan (the defendant)
to be careful the night he came .r1
from his ranch and when he was leay
ing the Millick home for his home in
Challis; that Mrs. Millick heard the
shots fired and she stated to the wit.
ness that "she didn't know who got +
IAN or Taylor" Mrs. George Hosfor
testified in substance to the same d;
Mrs. Tunison, but stated that she hac
not been to the Millick home since
AT this time several character wit |
nesses testified as to the general good
reputation of the decedent Oscar Tay-
Tor. as follows: Henry Van Camp;
>. "A. Harrington, who also stated that |
ne knew Breyer and noticed no change |
IN MS physical appearance for the
last two years; Stanley Van Camp.
Thomas Haley; Paul Gardiol, who al
SO stated that Mrs. Breyer met TAYLOR
at MS nome relative to the transfer
OF his mortgage on her sheer to Mil
lick; Hugh Fitzgerald; Mrs. Kate
Cameron stated she was ut The Mil
lick home the DIV. after The killing of |,
Taylor, and testified insubstance the
iar1a as Moo. 'ames Tunison and Hos
ra and that she had visited the
Millick home each day since: Geo.
Loveland stated that Taylors repu.
tation was good so far as he knew.
lNd upon being recalled to the ST nd
lestined that Detective Sellers came
70 his home a few days before and
asked him II he knew Taylor. and
wnat Taylor's general reputation in
his community was, and If he would
70 willing to testify If called upon:
George B Lee stated that he saw Mi !
lex at Adamson's office on January
'Sth.. and thought that possibly Brey-
n was there too: Thomas Jose.
DR.. G. L. Kirtley of this city was
'laced on the stand and stated upon
'eing questioned that he would dag. !
lose Breyer's case at the time Of the .
filling as that O, neuris thenia or !
erve exhaustion or nervous break. ;
own and that It was not a condition :
I insanity nor does It r-s;,.t in insa. :
"; that he had authorit,ss TO the =
rect that q rcH cannot + sane I'm :
o certain time when a emo + 3
ommitted and then become in =, /.
'hile an act is committed. and G
snce a resumption Of SAINT: t',rt :.
'-tty Is a normal thinking, aetna y
on'ition; that at the time, Breyer n
illed Taylor 1t was. in his opinion !,
hat the act was inspired by anger h, -
QSsfOn and not insa nitv. thai. AZ