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Daily globe. [volume] (St. Paul, Minn.) 1878-1884, January 25, 1884, Image 3

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83025287/1884-01-25/ed-1/seq-3/

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Ihe Arguments of Counsel for Both Prose
cut: and Defense—An Able and Impar
tial Charge l>y Judge Wilkln-Xho Jury
Still Deliberating at I-Xidnifiht.
BefoielO o'clock, notwithstanding the
eeve-»; of the weather, every seat in the
room, both inside and outsido the
rail, was filed, while aa tho Hanley trial
ttendance increased until at
I isions of the dr.y it became an
, a any human beings coald.
pack iu'o ?.o narrow a epace.
Th« Btate'a opening argument was re
sume Iby Mr. Willis, who very ably di3
oussed the Bubjecta of insane delusion,
::ible doaot, delusion prompted by
rsvenge, in a legal point ot view, citing
many authorities and closed with a set of
questions which he aEked to have incor
porate by the judge in his final charge to
the jury,
Mr. O'Brien, for the defense, 'criticized
what ho denominated to be an attempt by
the etate to say what character tbe delu
sions of an insane man rcight or might
not be. Crime consisted of the intent, fol
lower! by the aot. The prisoner was in
capable from disease of forming a reasona
ble intent, and was therefore not subject
to the condemnation cf the law. The state
must prove a reasonable doubt that he was
sane, while the defense relied on a
preponderance o%evidence adduced that
he was insane. The struggle in the courts
was to prevent the use of insanity defense,
when used for a cloak and a cover—a 6ane
one moment and insane the other inssrity.
This kind of insanity did not apply to this
oase, for here it was claimed aa to have
been lesg seated and permanent. Defense
of insanity is an admission of the act com
plained of but denial of the intent.
He claimed an insane man could kill
another and know he was doing it, in
which cas6 the insane delu
sion was accompanied by
an irresistible impulse. This investiga
tion was not a devise of the law to hang
the man, but to determine if he wa3 reas
onably responsible for the crime. The
question of delirium was defined by the
counsel by reading Lord Erskine's decision
of the Hatfield case in the English oourts
in the year 1700, to which Mr. Willia ob
jected as being a trifle too ancient, and re
ferred. him to a later decision of the courts
on the question given in 1843, and to a
decision in which the oourfc held that
though a man was grounded in the delu
sion that he was the son of a prince, but
nevertheless fcr cheating in a trade was
held criminally responsible for the act.
Consty AttorDey Egan in summing up
for the state, said that ho entered upon this
task with cremulousneas and fear, and with
regret thai a human life had bean taken.
But society, the laws of God and of the
etate mu3t be vindicated a3 a parent would
punish a child, a teacher a scholar for an
offense, without motive of revenge, but
rather in sorrow. Laws must be euforoed
to prevent lawlessness, anarchy and dis
solution produced by human nature going
astrn.y. The counsel dwelt at length upon
the enormity of the crime of murder,man's
right and desire to live, and his inviolate
right to have his" life pro
tected and its taking punished.
The question of insanity was handled
with gTzp.t minuteness and detail in the
different xßases and the committal of any
erinia or wrong act could come under the
head of moral insanity or a mind diseased.
Delirium was also defined at length, as
shown in the freaks of a fire bug, a miaer
or men employed in personal combat, but
the law did not excuse those having it for
the commiasioa of any crime. In this
latter connection the murder of Welaler by
Parkman, in Boston, and Linooln by
Booth, was cited, and which were not ex
cused. The apparent fact of no motive
makes no difference when the aot is done,
and in which the law presumes malice.
The reasoning povwa of enlightened
and ignorant men weto dwelt upon, and the
fact that no two per&ous mindo run in the
groove, or thought or believed ex
actly alike. No one could anatomize a
huT.an soul, or judge from the appearance
of the human casket th?.t holds it, whether
it be corrupt as hell itself or fair and pure
as an an^el —only Divinity can look in
upon the living brain of man and deter
mina the condition of its wonderful ma
oiinery. If homicidal mania in man ex
onsed him from crime, the whole vrorld
would bo afloat without a rudder. The
•whole world, from its differences
and peca'Hritie?, has been denomi
nated crazy, and there is bufc one
palliation of orime under thia head and
th?.t is total insanity, or thorough insani
ty upon ona sabjeel—there must be a
straight line frotn the delirinca to the of
fense to prova irresponsibility. Sanity is
the f ouaddiion stone of the hnmaa race,
and when it is touched or wounded tha
structure of humanity is destroyed.
Tho defense that Han ley was insane, and
knew not the consequences of ths fatal
shot when he fired it, was severely criti
cised, and the Darwinian theory that man
is only a high gra3o animal was very ably
sustained by the oounsel in his remarks on
instinct and brain power of comprehen
sion of •wrong.
Tho sudden discovery of Hanley's insan
ity in the cemmittal of this aot, after he
had moved around in St. Paul for fifteen
years, done business, mingled in politics,
cared carefully for his family, was strong
ly animadverted upon, and the fact of his
grief, tears, horse laughter and other pecu
liarities shown were claimed to be common
in men and women, and admissible for no
claim as to his insanity.
At this point the counsel severely ar
raigned the counsel for the defense for
offering ten policemen, headed
by tbeir chief, as medical experts
to swear to Hmley's insanity, and in ridi
cule of th3ir testimony on this grave sub
ject, stated that some of their personal
peculiarities if Thomas Hanley were on the
stand as a witness, and they in the prison
ers box that under the same power of deter
mining mental conditions that he, Hanley,
would swear that they were off their base
or insane.
While tha counsel was engaged in his
sharp shooting in a sarcastic vein at this
class of testimony, taking them up one by
one, the coart announced a recess until 2
Afternoon Session.
The court room waa crowded to-day al
most to suffocation, and it was next to im
possible to move through the crowd. The
interest appears to be increasing as the
trial nears its close. The order was excel
lent; no one appearing to make the least
move for fear of losing any part of what
was going 00. Only once or twios was
there a small buzz, and then deputy Bheriff
Strong had only to look cross when all was
Mr. E^an, county attorney, continued
his address to the jury. He made a
thorough sifting of the evidence for the
defense, taking each testimony seriatim,
and showing it from his standpoint, or
rather the standpoint of the state. He
ridiculed the idea that such witnesses as
those produced by the defense could be
expected to give a scientific diagnosis of
insanity, which they tried to do. The
actions and talk described by them
a3 being so peculiar, were not so
when sifted and compared with what is
daily seen. A person may know another
for years, and yet be unable to form any
data as to what is the matter with the man.
As to the election case, why the man's
action was the most natural in the world,
becac.Be the more blow and cheek one has
in such matters the more successful he is,
and as to I the brag of influence, the more
it is paraded the more influence is begot.
I can see nothing strange in the aotions
of a man taking off his hat and walking
during a cold night for a block in his baie
head, and it is a thin can be seen repeat
edly. If a delusion i 3 not proven to be
insanity then it is not an insane delusion.
The defense has .to prove the plea of in-
Banity as a delusion, and they have not
proven that Ryan did not cheat him, and
if Ryan did cheat him as he claimed, then
hia delusion was a fact, and not insanity.
Every delusion of Thomas Hanley was
founded on fact, and therefore it is not in
The wife of the prisoner, who was nailed
as a witness by the " defence, did not
testify a3 the mental condition of her hus
band, and she better than any other knew
what to testify. Here is where the counsel
made a fatal mistake in his case, in not
proving the mental condition of the pris
oner. But he did not dare to do it. Dr.
Qain, the family physician, who was the
next most competent one to give an answer
as to his condition, Bays he did nt>t know
what his mental condition was, even when
he was convalescent, and he could not be
made to give an opinion. The counsel
showed that he wished to keep something
back,|because when the state asked a direct
question as to his mental condition it was
objected to. The counsel for the defence
should have produced expert evidence, but
the one that has made an examination as
to the condition of the defendant had left
the city as he did not wirfh to give eviftnoa.
Bat the state has produced such evidence,
and have proved beyond the shadow of
doubt, that with all the evidence before
them as to what had been testified by the
defence, they say the defendant, Thomas
Hanley, was sane and that he understood
what he was doing when ho shot Thomas
Thomas Ryan is dead, sent to judg
ment without a moments warning. He
left a wife and children upon the ccld
mercies of the world. He also has left an
old father and a brother, and in their be
half, and in behalf of his widowed wife
and fatherless children, in behalf of the
community at large, in behalf of the state,
in behalf of justice and in behalf of right,
I ask yon to judge the case according to
the evidence, wbieh I know you will do,
and render a verdict accordingly.
Then turning to the prisoner he said in
thrilling tones that made a feeling of hor
ror come over the aadience. "Thomas
Ryan come forth, look! see him at.the
door, he steps inside. Look at him. His
face is smeared with .blood. Ho is palled.
Thomas Hanley, look at your work! look
at the man whose soul without a moments
warning you sent to heaven or hell. Look
at him. Ah! conscience makes cowards
of us all." The prisoner did not lift his
oye3. and kept his face partly hid, but the
twitching around the mouth could be seen.
His address occupied three houra in its de
in opening for the defense, said he had an
apology to make for appearing in this case,
and he did not wish tha minda of tbe jury
to bo biased against his client for whatever
they might have personally against him
self. It was whispered, that because he
was the chief executive officer of the city,
and the police were under his control,
that that accounted for so many of the
police being called as witnesses, but he
oould assure the jury that such was not the
case. The first thtng to consider was,
what constitutes murder in tha first de
gree, which he explained clearly. The
next thing to consider are the motives. In
some oases the shooting of a person is al
lowed by the community, whilst it is held
illegal by tho statutes.
As Mr. O'Brien proceeded, Mr. Willis
interrupted him by objecting to citations
from the statutes and comments thereon.
The objeotion was overruled and counsel
continued his address. He th6n appealed
to the jury in a calm, deliberate voice,
dwelling upon the great importance of the
charge to be entrusted to them. Tha kay
note of the case, ha said, rested iv the
statement of the prosecution that tbi3 was
a murder without "cause or provocation."
Counsel held that no crime was ever com
mitted by sane men without a motive.
"Wiasre," ha continued, "is the motive for
this ormie?"
In looking over th; case no word of disa
greement oould be found between Hanley
and Ryan. The state could prove the mo
tive if it liked. The life of this ma» was
a3 choice a jewel as there was in the coro
net of the state of Minnesota. It was the
duty of the Btate to prove a motive. The
amount of money laid avsy by the state
for tho defense of Hanley was $10, which
the counssl freely donated back as a gift.
Tbe law said that subpoenas should be
served, but where were the witnesses?
counsel did not think he or his client wag
indebted much to the state ss a body
politic. He then adverted to the acts of
the accused immediately preceding the
crime; the accidental meeting of the two
mea was described, and in thiß connection
counsel said that if Ryan had remained at
his business the fatal encounter wouiJ have
never taken plaoe. Ryan had gone to the
accused; there was no testimony showing
that Hanley ever looked for him.
Hanley had never sought Ryan. While the
meeting and murder wes being described
by the counsel, the prisoner rested his head
on his right hand and cast his eyea down.
Counsel admitted that over the lonely
grave of Ryan there hovered tho memory
of an honest man; counsel was giad to say
that no Btigrna of dishonesty or wrong
biarred the memory ofßyan. Reference was
made to the testimony of tho witness
Madigan, whioh counsel held was proof
that he believed Hanley insane and that
the deed had been committed without
motive, desire or premeditation.
Reference was made at some length to
the credibility of the witnesses, whom the
counsel said he didn't propose to have ma
ligned. In this connection personal allu
sion was made to the members of the po
lice force who had. testified, and odious
comparisons were mad 6 between the char
acters borne by them and tkr.t of prosecu
ting counsel.
The hypothetical question was then re
ferred to, and the testimony of the experts,
Drs. Boardman and Bartlott, tteb cited as
not showing anything conclusive for the
reason thtit they had not keard the testi
mony of those who had sxyorn as to the life
and character of the man.
A man should not be convicted on a mare
belief wjithout evidence. This was not ths
law, and counsel challenged the jury tz
daio to sacrifice the life of a fellow man
on a mere presumption. There was sub
stantial proof that the accused was insane.
Counsel took no part in a prosecution
whioh would not only make the accustd
out a murderer, but which went into the
grave of his partner 10 try and prove him
a robber.
In closing counsel said that hovevsr im
perfect his work ip the case waß doae, he
was aware that some of the jary did not
like him personally, this was why he put
them on. He exhorted the jury to judge
the prisoner even as they would desire to
be jadged in ths hour of necessity. The
important question in the case was that
justice 6.hould be done, and tbe prisoner
was commended to the merciful consider
ation of the jury.
Judge Wilkin at once proceeded to
charge the jury, which he did as follows:
Gentlemen of tho Jury: The defendant
here, as you well understand, is charged
before you with the ofEense of murder in
the first degree. It is alleged in the in
dictment, in apt words, "that on the 22d
day of Ma;/, 1883, Thomas Hanley, the de
fendant, feloniously killed one Thomas
Ry&n, by shootißg him with a pistol
and ball.':
Ry our statute it is declared "that ths
kiilicg of a hr«man being without author
ity of law, by poison, shooting, stabbing,
or other means, or in any other manner,
i 9 either murder, manslaughter, or excusa
ble or justifiable homicide. Such killing
when perpetrated with a premeditated de
sign to effect tho death of the person
killed, or any human being, shall be mur
dtr in the first degree."
There are certain cases in which homi
cide is justifiable, or excusable, and there
ar« certain circumstances of sudden prov
ocation, and sudden combat, which reduce
homicide from the degree of murder to
that of rchnelaughter; but I do not deem
it necessary to refer to the provisions of
the Btatuto in relation to excusable and
justifiable homicide, and the different dc
greea of manslaughter, becaus9, in my
judgment, thay hayo uo application to this
That Thomas Ryan was ahot by the de
fendant on the 22d day of May last, and
wounded in the head as tha result of that
shot, is not disputed. It is admitted that
he died shortly thereafter, and you have
the testimony of Dr. Vvbt-aton, who made
a post mortem examination of the body of
th* deceased, that that wound was enffi
ciant to cause death, and, in his judgment,
was tho immediate cause of his death.
You will see, gentlemen, that to consti
tute murder in the first degree there must
ba a premeditated design to effect death.
Premeditated design implies a deliberate
purpose, a formed design. But it is not
necessary that this premeditated design
should be proved to have existed for any
particular time before the commission of
ths f.ct; it is eaough if it existed but a
moment before the killing, if there was a
deliberate purpose, a formed design. Al
though it existed but a moment before the
killing, it is sufficient to meet the require
ments of the statute.
It ia a principle of law that evary man
in the possession ot his reason intends
that which is the natural and necessary
consequence cf the act which he commits.
Therefore, when a person kills another
with a deadly weapon, the l&w presumes
un intention to kill, unless the act is done
under suoh attesdant circumstances as
preclude that presumption.
In this case, as I have stated, it is not
disputed that the defendant killed Thora<is
Ryan, but it is claimed that at the time he
was not responsible for the act; that he
was laboring under such a derangement
of his mental faculties as to absolve him
from punishment; that he was an insane
man at the time he fired the fatal dot.
This defense of insanity, genLleriiea, is
one against which there is undoubtedly
some prejudice in tho community; it is
claimed that it is frequently interposed
without any just foundation, and has been
sometimes successfully interposed, pro
ducing tha acquittal of undoubted crimi
nals. However this fact may be, gentle
men, it is a defense whioh is recognized
and allowed in tbe law. It is a defense
founded on humanity and justice, and it is
the duty of jurors to give it the same care
ful and conscientious consideration that
they would any other defense that may be
set up in a criminal cause, and if the de
fendant here is satisfactorily shown by
the evidenoe in this case to be insane to
such a degree as in the law renders him
irresponsible for the act with which he
stands chargsd. it will be your duty so to
declare by your verdict, without reference
to any prejudices that may exist in your
minds or in the minds of the community.
Gentlemen, we are now to consider
what is that insanity which under the
rules of our law, render a defendant irre
sponsible for an aot of homicide and re
lieves him from tha punishment which is
prescribed by law for the offense of mur
der. I shall not attempt to give you any
general definition of insanity. So mys
terious is the human intellect, bo varied
are the forms of aberration that disturb
the balance of the mental faculties, so
different the degrees and the manifesta
tions of insanity in different subjects, that
it would bs impossible to give you a gen
eral ckfiuition that would be sufficiently
accurate and compronecsive. I shall con
tent myself with giving you a definition
of that kind and degree
of insanity which renders c
man irresponsible for acts which would
subject him to criminal punishment if he
were sane, and I give it as it has been
recognized and deolared by our supreme
court; they have said, and I charge you
that as the law, "that a defendant is not
entitled to an acquittal on the ground of
insanity if at the time of tha alleged of
fense he had capacity sufficient to distin
guished between right and wrong as to the
peonliar aoi oharged, and understood ths
nature and consequences of his act, and
had mental power sufficient to apply that
knowledge to his own oase." Of course,
gentlemen, the converse of this is true, and
he cannot be convicted if he has not this
capacity and mental power.
As I have said, there are different kind*
of ineaaity. Insanity may ba total, when
ths whole mind is wreoked, of which there
are different degrees, from that of a racing
maniac to that of the stupid idiot, one
who has the stupidity of an idiot, or it
may ba partial, as when the party is labor
ing under an insane delusion as to some
particular matter. In this latter case.it
sometimes happens that a person under or
dinary circumstances appears rational
and competent to the discharge of his or
dinary duties of life, and yet, when
the particular subject to which his
delusion relates ia brought to his mind he
at once gives evidence of mental derange
ment. These delusions are unreasonable
and incorrigible, are not the result of
reasoning and reflection, aad they cannot
be removed by any reasoning or argu
ment, however strong and conclusive. Such
men may reason properly from certain
premises, but adopt as their premises
some aosurd idea whioh cannot ba com
battad or overthrow*, an idea whioh is the
;e«ult of an insane delusion.
Ab eanity, gentlemen, is the normal con
dition of men, tha law presumes sanity
until the contrary is shown; tnerefore,
when the defense of insanity is set up,
the burden of proof is on the defendant to
show the existence of such insanity by a
reasonable preponderance of proof.
In this case it is claimed upon the part
of the defendant that the evidence shows
that the defendant was always of weak
mind; that he exhibited great eccentrici
ties of character; that his look was strange;
that his talk was rambling and disconnect
ed, that he shifted quickly and without
reason from one subject to another,
to that it was unpleasant to
convorse with him; that he
waß absurdly boastful of his personal
prowess; that ha claimed to have great in
flueDce where he clearly had none; that he
spoke faieely in connection with the claim
of throwing people down stairs and out
of windows; that ha behaved absurdly in
meetings of a society to which he belonged
of the fire company, making absurd mo
tiong and foo!s=h speeches; that he flew'
into a passion with hiß friends without:
cause; made application for a situation in!
the fire department to a friend or person
whom he must have known could not ap
point him, and upon his stating that he
had co power to do it, and could not do it,
became excited and flourished his cane,
and threatened him if he did not appoint
him; that he told absurd
stories, mixing them up in
an absurd and incoherent manner; that he j
would mutter and talk to himself whils !
walking alongiinthe street?, and walked on
cold nighlg along the street with his hat off.
That he would cry at times, without any
reason; that he became very ill of pneu
monia, and had a relapse, with typhoids!
symptoms and delirium; that he became i
greatly depressed in spirits; that his j
family was suffering, and would suffer still
further; that; his business wa3 broken up;!
that at the time of the killing he was
weak, and suffering from tho effects of his
disease, and continued under tha effects of
this despondency and depression of
spirits; tnat he became the victim of
an inßaue delusion that his
partner, the deaeaaed, Thomas Ryan, had
robbed him during his sickness; and that as
a result of this delusion, and while le.bor
ing under it, he killed the deceased. They
claim that ail these peouliariti63, together
with other matters which they claim ap
pear in evidence, showed such a
disturbance of the mental faculties as pre
disposed him to insanity, if they did not
actually show the existenca of insanity,
did finally result in insanity. They claim
that this view is supported by hia conduct
at the time of the shooting and after the
shooting, and at the arre3t, and by his con
duot in jail at the time testified to by th*
witness who was confined in the cell with
To prove these peculiar! ties and those
excentricities, and these aots and doings
of the defendant, the defense has produced
a number of witnessess who testify to their
acquaintance with him, and their oppor
tunities for observing hi-s character and
conduct. Tha law allows such testimony ;
it allows evidenoe to be given upon the
question of insanity, in order that the jury
may hare the appearance, conduct and de
meanor of the man, as far as possible, be
fore them, and may be able to ascertain
his mental condition ; it allows evidence of
his peculiarities* to be given by persons
who were acquainted with him; and because
of the difficulty of conveying with accu
racy to a jury the appearance and oonduot
of a person, it allows them, in connection
with this statement of facts, to give their
opinions upon the question of sanity or
insanity. Tho value of thia testimony ef
course depends, gentlemen, greatly upon
the opportunities which the witnesses have
of obsemng the character and deportment
of the accused; upon their familiarity
with him; upon their intelligent-, tpon
the question as to whether they are inter
ested or not, influenced by motives of
sympathy or not, upon their ability to
form proper conclusions, and upon a va
riety of mattor3 of the like character,
which the jury may take into considera
tion in determining as to tho credibility of
the witness and as to the valuo of his tes
To rebut this evidence of insanity, the
state has produced tha testimony of some
witnesses also which it claims tends to
show that he was capable of attending to
the ordinary duties of life and did attend
to certain matters of business very shortly
before the shooting of the deceased, and
in whioh he gave no evidence of-mental
aberration, but appeared competent to
give directions and to make bargains in
reference to his property. They have also
produced here the evidence of experts,
that is, of medical men. Expert testimony
is allowed in such cases. Experts are al
lowed to give their opinion upon the ques
tion of insanity of particular individuals,
either from personal examination or upon
hypothetical statements, or upon both.
The value of this evidence of course de
pends upon the experience, upon the in
telligence of the witnesses, upon the op
portunities they have had for the study of
this particular matter about whioh they
are called, and upon the general intelli
gence and candor whioh they display in
giving their testimony. Thsre ia, undoubt
edly, a prejudice, to some extent, in the
community, against wkat is called expert
testimony, but the law allows it, and it is
for the jury to give it a fair and careful
and conscientious consideration, just as
they would any othor testimony which ia
produced before them, and give it suoh
weight as in their judgment they think it
may be entitled to.
In this ca.se thtir<a is tho testimony of
Dr. Boardman and Dr. Bartlett. Dr.
Boardman testifies to a long experience as
a medical man. He was examined at oon-,
siderable length in reference to the differ
ent kinds of insanity, as to the effect of
various matters in producing insanity, and
he was questioned upon the hypothetical
statement which was read to him, as to
whether, in the case of a man affected as
that hypothetical statement showed, tho
man would be sane or insane. He stated
that he thought he was sane. Upon b6iag
asked, if such a msn bad an insane
deluaioa that be had been robbed and
cheated by his partner, whether,' in
that case, in connection with these other
matters, what would be hia opinion, he
Btatod that that would very greatly affeot
hi 3 opinion; that if a man had such a
false, such a delusion that it would be
strong evidence that the man was insane,
and that he should dcubt whether, in suoh
a case, the man had sufficient capacity to
understand ths nature and oonsequences
of the aot which he was doing. And I un
derstand Dr. Bartlott, who is the physician
in charge of the hospital for the insane
for several years in this Btate, testifies
substantially to the same effect.
Of course the value of testimony
of this kind depends upon the
truth of the statements contained in that
hypothetical* statement.
As to the matter of partial insanity ex
hibiting itßelf in an insane delusion upon
some partioular point, it is claimed here
that this defendant's delusion consisted in
the idea that Ryan had robbed him during
his illness and was unwilling to give up
the books or to give any acoount or have
any settlement with him. Of course, to
maka out that was an insane delusion, it
meat ba shown that it was cot a feet that
Ryan had acted in the manner in whioh it 1
was claimed he had done. If he had acted
in that way, of coarse there was no
delusion, the essence of which is
that the party adopts- a false andjunrea
sonable idea; and th« burden of proof i 8
on the defendant to show the falsity of
this idea, or, in other words, to show the
existence of the delusion by a reasonable
prepoderanoe of proof.
I am not going over all this testimony
in the case. I tave referred to the general
matters which I have thought proper to
call to your attentien. The counsel upon
both sides have very fully and very ably
presented the matter before you, and it
would be unnecessary for the court to give
any extended comments upon the testi
mony. But, upon tho question of law,
—every man is presumed to be innocent
until he 13 found to be guilty.
A party charged with crime cannot be
convicted by the jury nnless they
are convinced cf his guilt beyond a rea
sonable doubt. You, gentlemen, are the
exclusive judges of all matters of fact and
of the credibility of witnesses and tbe
value of their testimoay.
Gentlemen, I * leave it to you, to say,
upon all the evidence in this case, whether,
at the time of killing Thomas Ryan, tbe
defendant had#capacity sufficient to ena
ble him to distinguish between right and
wrong as to the act charged, and to under
stand tne nature and consequences of hi 3
acts and had mental power to apply that J
knowledge to his own case. If he had, j
then ha ia criminally responsible for soch |
killing, co matter 'what peonliari- ;
tieß or eccentricities he may have i
otherwise displayed, and notwith- !
standing any partial defect of understand- j
ing which might cause him more readily j
to gi7e way to passion than a man ordi- I
narily reasonable.- If he had not suoh j
! capacity and mental power, he cannot be j
lam requested to give you oertain re
quests upon the parfc of the slate.
I charge you that tho presumption of
the law is that all iaen are sene, and this
I presumption mast prevail unless it be
| rebutted by a fair preponderance of the
All men are presumed to iateud tho
natural consequences of their own set?,
and hence the iaw presumes that when one !
mac makes a wrongful attack upon an- !
other •E'ith a d .-F.dly weapon he intends the
natural consequence of such an act.
I charge yeu,gentlemen, that the defense '
of insanity having been presented in this
c&se, the burden of proving suoh insanity
and the legal irresponsibility consequent
thereon re3ts upon the defendant; ani such
defense must be established by a fair pre
ponderance of evidence. A reasonable
doubt in the minds of the jury in refer
ence to the sanity of the defendant at the
time of killing Thomas Ryan i 3 not suffi
cient to entitle the defendant to aa acquit
I charge you if the defendant, at the
time of the killing of Thomas Ryan, had
sufficient capacity to understand the
nature and oharacter of tha act which he
committed, that such act was wrong, and
had sufficient mental power to apply that
knowledge to his own oase, then he is
guilty, as charged in tha indictment.
Gentlemen of the jary, it can hardly be
necessary to speak to you in this case of
its importance or of the necessity of your
bringing to tho consideration of your ver
diot all the care and the exerciaa of all tho
judgment and impartiality at your com
mand. You are here under oath; yon
stand upon yomr consciences and your oath
responsible for the verdict
whiah yon shall give. It is
not a case in whioh you are to be led away
by any sympathy whioh you may have for
the defendant; if he i 3 guilty of the offense
chargad,he has no rightjto ask any sympa
thy at your hands. Dpon the other hand,
if ho ia not £uilty, if this man is not a re
spoiißible person within the view of the
law for tha aot which he committed, you
oujjht noli to allow any consideration in
reference to any olarnor that may be rais
ed against verdicts upon the ground of in
sanity to prevent you from giving your
verdict according to your con
scienoes and your oaths. It
ia undoubtedly of great importance to the
community that criminals shall be brought
to justice, and especially that murderfirs
should not be allowed to go unwhipped of
juotice, but it i 3 equally important that
the rights of innocent rn&a should be pro
teoted and preserved, uud you are required
to hold the balance steady and strong be
tween them, aad to find Buoh a verdict :as
your own consciences will approve, with
• out reference to any consideration of
sympathy upon the one hand, or appre
hension or fear of what may result from
your verdict upon the other.
With those remarks, gentlemen, I leave
the case in your hands.
If your verdict i 3 guilty, your verdict
will be that you find the defendant guilty
of murder in the first degree. If you find
him not guilty, it will be your duty to find
in your verdiot that you find him not
guilty upon the ground of insanity at the
time of the offense charged.
The jury retired to consider ihsir ver
dict at 5:40 o'clock.
The jury in the Hanley ca3e had not
agreed up to last midnight, at whioh time
they spread themselves out to make a
night of it. It ia thought their views are
so wide apart as to preclude a verdict.
The Only Three Cases on the Docket of the
Felice C«urt Slftmlssed Yesterday.
It is an established axiom with Hoyle
that a full hand beats three of a kind, but
as all rules are proved by exceptions, so
the situation iB apt to become raversed,
and occasionally a trinity of higa cards
will lay over the deck, so to speak. Yes
terdsy was a peculiar day in the police
court,—suoh a day, indc6d, when justice
took another reef in her bandago and went
a begging,so far as resjultawera concerned.
There wera only three cases beforo tho
court and they were all dismissed.
It was expooted that the case of Joseph
McCabj, charged with attempting to clay
speoi.il police officer Pat Griffin by means
of the gentlo revolver, would develop
something both rich and raoy,.as dame
Rumor had it that there was a woman
mixed up ia the case, and that on this r.c
coanfc the lattsr tried to &o him up. If
any foundation in fact existed for this
rumor, it did not transpirfc in conrt, for
when the case was called Mr.
Griffin appeared and assured the court
that he did cot ccra to prosecute, when the
case was dismissed. The^case of Christ.
Johnson, charged wi'«h the larceny of sev
eral tools, was also dismissed, there being
no proof of guilt against the accused.
The case of A. IX Smith met with a like
fate. Smith was charged with robbing
his room-mate of $17. The case was tried
and it resulted in ths discharge of the pris
Aid for Hebrew Refugees.
Mr. Henry S. Haas, president of the
Hebrew Relief society, has received a buz
of clothing, coffee and miscellaneous
goods frons Moses Simon, of Torna county,
lowa, and also a bale of clothing from the
firm of Strausa Bros., of Pittsfield, 111.
Tha contributions are very opportune
and they have been forwarded to tte Rus
sian ooiony in Dakota. In connection
with this Mr. Haas states the present cold
weather has inflicted terrible sufferings on
the colony, and in addition to finding
themselves in a strange land
without money or work, many of them are
on tha verge of starvation. As yet St.
Paul has contributed cothiag to the relief
of the colony who fare undergoing euch
intense suffering at her very doors.
Mr. Haas states that the urgent need at
present is money, with whioh to buy food
and fuel. He calls upon the citizens to
send their contributions at once, and they
wiil be forwarded without delay.
Articles of Incorporation.
Articles of incorporation were filed with
the secretary of state yesterday of the Ger
man Press association for printing and
publishing newspapers and other publi
cations and conducing job printing, lith
ographing and stereotyping in St. Paul.
The commencement of business is Fab. 1,
for a continuence of thirty years, with a
capital stock of $10,000, divided into 400
shares of $25 each, with indebtedness
limited to $5,000. Th 9 inoorporatora
are Nicholas Jaquinet, Karl
Bernhard, August Wesenberg,
berg, Frederick Wrasse, August H. Otto,
Bernhard Stoerzinger, Anton Krieglstein,
Henry Eoktrolt, Bruno Sittig,with Messrs.
Jacquinet,Wesenberg, Bernhardt, Otto and
Wrasse as directors.
An Ohio paper says: Theatrical business is
reported as generally bad every-where. Few
companies are making money, combinations
are going to wrack somewhere every day. The
.latest collapse announced is Maud Granger's
'•Second Love" company,
Beauty Unadorned at the Olympic. (
The Olympic theatre, formerly Wood's
| Seventh street Opera house, contained
' another packed audience last night to
i •witness the performance of Lottie Beac
; moni's female mastodons, in conjunction
i with Col. Wood's congress of leaser light*.
| Tho performance open 3 with an intro
■ ductory minstrel scene in which tha fe
: male mastodons are introduced in all the
j enchanting loveliness of low cacks aad
| abbreviated skirt 3, the anatomical display
being both lavish and symmetrical.
The songs and jok:s in the overture are as
catching a3 wildfire, and ths swinging
beauties are a whole show in themselves
in the way of novelty and nature una
dorned. An olio performance follows, the
specialty acts being very entertaining.
The enjoyable entertainment closes with
an operatic extravaganza, which is really
j the most diverting part of the show, the
situations baing gToteeqae and ludicrous
in the extreme. The same thing to-night.
Herne's "Hearts of Oak," open a two
nights and Saturday matinee e-ga^ement
at the Grand Opera house to-night. The
drama was produced here last season with
goad success, and the company should re
ceive a very liberal patronage. Seats can
be secured for any performance at the box
office. ♦
"Hearts of Oak," is a domestic drama of
rare power and interest. It poses»es a
felicitous plot and the scenery and situa
tions are fine and effective.
Grau'a Opera company open an engage
ment of thrse nights and a matinee at the
Grand Opera house, commencing Thurs
day, Jan. 31. Tie repertoire is as follows:
Thursday, "Heart Hand;" Friday, "Billie
Taylor;" Saturday matinee, "Heart Hand;"
Saturday, "La ilaficotto." Heart Hand
will be produced for the first ; time in St.
The sale of seat 3 for what will prove the
greatest dramatic event of the season is
St. Paul, will commence at the box office
of the Grand at 'J o'clock this morniMg.
Alluiion i 3 ir.r.da to the forthcoming en
gagamsnt of Clara Morris, who stands to
day tho queen of her art on the American
stage. In referring to her great imperson
ation of Cora, the Detroit Time* speaks as
follows: She is, for thfl t mie being, Cora
to her anciienoG aDd not Clara Morria. Sh«
plnys tho part of a woman of Creole and
quadroon abstraction, and in her first act
represents the lai3ser faire of the creole
and the superstitions passionate phases of
tha negro race. In the premonition as
to coming disaster, in the ely and
sinuous grace and passionate outburst, the
shows the quadroon blood in the first act,
and as emotions increase in intensity tho
savaga blood spurs her on to the final
mental catastrophe. Miss Morris shows in
this the study she has given her part,for it
is a well known montal and physioal phe
nomenon, that a3 tha mind weakens the
strain ot blood of the lesser civilization
proportionately incrsa3e« its inflaenca.
Accordingly her art rises to the highest
realistic pitohin the last act. The gradual
overthrow of the mind is portrayed physi
cally by unmistakable signs. The loss of
muscular control, fits of abstraction, swift
ly changing nsoods, the indistinctness of
utterance, noticeably at the beginning
of the scene wish Duhainel, when
she recalls their past love, point in
signs, that any authority on mental disease
would recognize, to the disintegration
which had already attacked her brain. The
succeeding stages cf desperate attempts
at etlf control and violent reaction, Miss
Morris portrayß with frightful fidelity,
until brain and and physirjue alike utterly
succumbs, and she dies worn out by emo
tions which a mind sound at the beginning
would have conquered. To an actress who
can do all this in a manner which whi3 the
applausa of speil bouad silence, the rep
resentation of common emotions of lovo
and hato are but play, and she does per
fectly represent not the mere passions of
the aound but unsoud mind. Added to her
great ability as an actress, Mias Morris
possesses an invaluable ally in a voioe
marvelous for its expressive tones, and its
perfect cultore, enabling her to make the
faintest tones of eeif-cornmnnion heard
throughout tha entire audience.
Mr. W. F. Wilson, the very efficient
gentleman who has had charge of the ad
vertising of the Olympic, formerly Col.
Wood's theater, for some time past, and
who has been in poor health lately, is ar
ranging to give a calico hop at Market
hall next Monday evening. Mr. Wilsoa v
the prince of good fellows and withall a
very capable man around a theater, and
hi 3 friends should turn out and give him a
The friends of Col. Wood, tho popular
theiitriCi! manager, are arranging to give
him a benefit to take placo at Market hall
next Sunday night. A rich, rare and raoy
programme will be offered and the colonel
should bo given a rousing benefit.
Severe. Criticism.
Chicago, Jan. 24. —Lapses in tbe preeen
tatiou of Lohengren, by Abbey's com
pany, at Haverly's, last night, provoked a
terrible adverse criticism this morning,
all the morning papers joining in the ory. j
The third act was entirely omitted, owing
to the break down of Campanini, who ha 3
been indisposed all tiie week, and due, ao
cordiDg to the papers, not to creditable
causes. The Tribune declares, that in any
Italian theatre the chorus and orchestra
would have been mobbtrd if they hsd
dared to treat a popular work in the same
brutal manner as the chorus and orchestra
treated Lohengrin last night. Critios
give individual praise to Nilfl3on and one
or two other artist?, but are unspairing
against all other features of the perfor
mance. The matter was deemed of suf
ficient importance to be treated at length
in tha local columns, and the
great audience present displayed
marked sign 3of disapproval.
Notice to Creditors.
State of Minnesota, County of Ramsey, ss. In Pro
bate Court.
In the matter of the estate of Thomas Hoban, de
Notice 13 hereby given to all person? having
claims and demands against the estate of Thomas
Hoban, late of the county of Ramsey in said state,
deceased, that the Judge of Probate of said county
■will hear examine and adjust claims and demands
against said estate, at his office in St. Paul, in said
county, on the first Monday of the month of June,
A. D. 1884, at ten o'clock a. m., and that six mouths
from the 24th day of January, 18S4, have been
limited and allowed by eaid probate court for credit
ors to present their claims.
Dated this 24th day of January, A. D. 1884.
Administrator of tho estate of Thomas Hoban, de
ceased. jan2-5-fri-5w
Notice to Creditors.
State of Minnesota, County of Ramsey—B3. In
Probate Court.
In the matter |of the estate of Mary Hoban,
Notice is hereby given to aH parsons having
claims and demands against the estate of Mary
Hoban, late of the county of Ram'ey, in
said state, deceased, that tho judge of probate
of said county will hear, examine and t-ljoat
claims and demands against said estate, at his ottice
in Saint Paul, in said county, •« the first Monday
•f the month of June, A. D. 1881, at ton o'clock
a. m., and that six months from the 24th day «f
January, A. D. 1884, have beem limited and allowed
by said probate court for creditors to present their
Dated this 24th day of January, A. D. 1884.
Administrator of the estate of Mary Huban,
deceased. jan2s-fxl-»w
t£G A L.
Mortgage Salo.
Default having been made in the payment of tho
sura of twelve hundred and ci K hty-fivo 55-100
dollars which is claimed to bo duo and is due at tho
date of this notice upon a cert-Uu mor^a^o. duly
executed an.'. delivered by Mary 8. Chape! and
ChariesE Chnpol.her bortwnd. mortgagor*, to
P. Joseph Glweu, mortice, osarlßg date the
onrth. day ... Aligns*, A. D. 1881^ and duly ac
knowledged on said date, cad dniy recorded In the
office of theßfc^et of &««h in Ju.lf'.r the county
of Ramsey and state of HimuwJUta the seventh
day of
in Book 62 of Mortgages, <m pom 472 nnd no
acUon or proceeding at law or otherwise bavins
been instituted to recover the dob* second iv said
mortgage, or any part thereof; j
Now, tfcorefore, notice is Uereby pivcn that by vir
tue of a power of sale contained la aid moTtnaire
and pursuant to the statute in such ea<e ii^de and
provided, tho sr.id mortgage -win be foreclosed,
and the premises described in and covered by *aid
mortgage, viz: . *~~ -
Commencing 180 feet northerly from the X W
earner of Josette streut anil Carroll street 'at a
point on Jho •nx.'t line of sai'.i Josette street in
■ Rondo's addition to Sa!ut Paul, running thecco
westerly ct rgiit angles; w..ra Jo.^ette errett 100
foet thresh lot? thirteen (13) nui fourteen (14) of
Kuhn's bp.ocliviyion of binck nvo (5) of Rondo's ad
dition to Saint Paul; tience northerly aloeg tho
west line of lut thirteea (13) in raid block SO feet;
thence easterly along the norta linas of lots \H and
14 in said block 100 feet to Josetto street: thence
southerly along the west lino of Mid 3os»otte street
50 feet to place of beginning, being the northerly
one-third (N'ly of lots number thirteen (13)
and fourteen (141 in Kuhn'a subdivision of block
■umber five (5) of Hondo's addition to Saint Paul,
cccording to the pints of said addition anl sub
division filed and recordod in tho office of the
Register of Deeds In and for Rnm^oy county, in
Ramsey county and stito of Minnesota, with the
hereditaments and appurtenances will te sold at
public auction, to tho highest bidder for cash, to
pay said debt and inter* r.nd the taxe?. if any,
on said premises, and seventy-ftvo dollars at
torney's foes, as stipulated in and by saUl mortgage
In case of foreclosure, an.l the di-bursecients allow
ed by law, which sale will be mado by the sheriff of
said Ramsey county, at tha front door of tho said
sheriffs «m iv tho jail building, in the city of
Saint Paul, in said county and state, on the twenty*
strth day of January, A. D. 1884, at ton o'clock
a m., of that day, subject to redemption at any
time within one year from tko day of tale, as pro
vided bylaw.
Dated St. Paul, Doc. 12, A. D. 1383.
P. JOSEPH QIEBEN, Mortgage;.
Wir. Louis Kelly, Attorney for mortgagee.
k3—«3. In Probate Court, special term, January 3,
In the matter of the estate of William 11. Randall.
On reading and filing the petition of IHebolatu
Pottgieeex of said county, filed in this court,
December 7, 1883, representing among other
things, that J. P. Kldder, the late administrator
of said estate i.- deceased, that said estate is with
out an administrator and Is unsettled; that pe
titioner is par! owner and interested in real estate
in the city of Saint Paul, in said county, upon
which it la claimed by persona anxious to purchase,
that there Is a possible cloud as to the title adverse
to said petitioner's title and in favor of said estate,
and that said petitioner is anxious that an action
be brought by him or those representing his inter
ests in said land to have Bald possible cloud removed
and thi adverse interest of said Kendall estate if
any in said property determined, which can only
be done by having an administrator appointed for
Bald Randall estate, and said estate settled; and
praying that an administrator do bo&U non bo ap
It is ordered, that said potition be heard before
tho Jndgo of this Court on Saturday, the 20th day
of January, A. D. 18,-vi, nt ten o'clock a. in., at the
Probate office, in said county.
Ordered further, that notice thereof b« given to
the heirs of said deceased, and to all persons inter
ested, by publishing n copy of this ordor for throe
successive weeks, once in each week, prior to said
day of hearing, in the Daily Glope, a newspaper
printed and published at Kiant Paul, in said county.
By the Court,
[us.] • VniL B. McGRORTY,
Judge of Probi.te.
Attest: Flank Robert, Jr., Clerk.
| First Publication, December 21-t. 1883.] •
Notice Is hereby given, that under date of De
cember sth, 1881, IsmcH'Uof Ht. Paul, v* mort
gagor, executed to tho North Star Building Society
of St. Paul, Minnesota, a corporation duly organ
ized and acting under tho lawn of said stnte as mort
gagee, his certain mortgage deoa whereby ho mort
gaged to said mortgagee its successors and (assigns
the property hereinafter named, the same beiug in
Ramsey county, iKianseota, tor the purpose of tte
'curing to said mortgagee itH successors and assign?,
the piompt payment on or before ten years after
said December sth, 1881, of the sum of six hundred
dollars, together with interest thereon from said
December sth, 1881, at the rate of six per cent, per
annum and a monthly premium for same of throe
aid 12-100 dollars, interest and premium payable
monthly on tho first Monday of cacti and every
month after said December, 1881, and also to ceeuro
to paid mortgagee, its successor in-.-, assigns, tho
prompt payment of «he further am of three dol
lar Ban the first Monday of each and every month
after said December, 1881, rs and for the monthly
contribution on twelve fihnres of tlio eighteenth se
ries of the capital stock of said society then owned
by said Isaac Hill, and according to a bond given by
said Hill to said mortgagee dated December sth,
1881, which bond is referred to in said mortgage;
and notice is also gives that Bald mortgage was on
the 30th day of December, 1881, duly recorded in
the office of V"- Register of Deeds of said Ramsey
county, at p"Jge 72 of Book ">-' of the mortgage rec
ords of said office, and thi t default ha been mndo
in tho payment of aid Interest, and also of said
premium, and also of sal monthly dues for more
than ten months, and that th • wholi principal debt
has, by the ten- of Bald mortgage, thereby booomo
due and that said mortgagee claims there is due, and
there is due, at tho date of this notice tho sum of
seven hundred oud forty-nine and 46100 dollars; and
notice i:< aJ a given, that said mortgage allows
said mortgagee fifty dollars as attorney 'h f<je« and
all co-"- and e-pon^os in ciiso of the foreclosure of
said mortgage, and that vaid mortgage also, and
the same was recordod ns a part theroof, contains
a power of sale upon default being c.-ada in any
condition of said inortgngo, nnd tliat by reason of
tho said default said power has become operative
and no action or proceeding has been instituted at
law or otherwise t'j recover sold debt or any part
Now, notice is hereby given tb.-it under and by
virtue of said powur of Bale the said premises
mortgaged, tiio Bamebebigde^cTibod as follows, viz:
Lot numbered seventeen (17) in block Duifcbered
two (3) of Borirp& Payne's addition to St. rani,
according to the plat of said addition on file ia tho
oOlcb of the Register of Deeda of said comity, will
hi Bold in St. Panl iv said county, at public vendue
to the highest bidder,'at the frout door (on Fifth
s<;ro3t) of the offioo of tho Register of L'eeda of
said county nt eleven fllj o'clock In the forenoon
of Saturday, iJUo second i'ad t day </i February, 16n4,
as by law prescribed, to satisfy tao amount which
Khali then be duo on snid inorf sage debt together
with said attorney's fees uad tho costs and expenses
of this foreclosure, and said mortgage will thereby
be foreclosed.
of: PAUL, MINNESOTA; iTortgageo.
Char. N. Hem,, St, Paul, Minn.*
Attornoy for Eaid Mortgagee. dec2l-7w-frl-
[First Publication Dec. 21st, 1833.J
Notice is hereby given, that under date ox Octo
ber Ist, 1872, John C. Robeits as mortgagor, exe
cuted to James SUnson as mortgagee, hi? mortgage
on land in Ramsey county, Minnesota, to secure tho
payment of hi three notes made payable to tho
order of said Stinson, each for one hundred dol
lars, each detod November 20, 1872, one riu9 in six
months, one in twelve month's and one jn eighteen
months after its date, each bearing interest at ten
pec cent, per nanurn, and that said mortgage was,
on tho 25th day of November, 1872. duly recordod
in Book SO of Mortgages, at page 250 of the
records of the office of tho Register of Deeds
,of said Ramsey county, and sr.id mortgage con
tained a power of sale In case of default; and that
default has been rando in the payiuent of said
money and interest thereon, save- interest io April
let, 1874, and thereby said power of sale lyis be
come operative, and no action or proceeding has
been instituted at lav,- or otherwise to recover paid
mortgage debt or any part thereof and that thero
is now claimed to be due and is due on said debt and
mortgage the sum of five hundred and soventy-one
and CO-ico dollars, and that by virtue of the power
of sale contained in said inortgugo, and the statutes
in such case made and provided; the said mortgage
will be foreclosed and the premises described in
and covered by same, viz.:
Lot fifteen (15) in block fourteen (14) in Stin
son's addition to St. PanT, avoiding to the p!at of
said addition on file in the office of tho Register of
Deeds of said county, will be sold at public vendue,
to the highest bidder to pay said debt and interest
then due. and twenty-five dollars attorneys fee
named in said mortgage ok attorneys fee in case of
foreclosure, and, also, the disbursements attending
this foreclosure. Paid sale will be made in BtPauL
Minnesota, aa by law prescribed at ten (10) o'clotk
in the forenoon of Saturday, the second (2d) day of
February, 1884, at tho ! ront door (on Kith street)
of the office of the Blister of Deeds of said Ram
sey county. .: '•
Dated December 20tb. 1883.
JAMBS Sir. r, Mortgagee.
Oha*. N. Bull, No. 126 K. .Third street, St. Vaul,
Minn., Attorney for said Hi {Ogee.
Notice to Creditors.
State of Minnesota, Cannty of Ramsey—sa. In
Probate Court, special terra, January 3. 18»4.
In the matter of the estate ex Charles Deftel,
Notice is hereby given that the Judge of Probate
of the county of Ramsey will, upon tho first Monday
of the months of February, March, April, May
and Jane, A. D. 1834, at ten o'clock a. m.,
receive, hear, examine and adjust all claims and de
mands of all persons against said deceased, and that
six months from and after the date hereof have been
allowed andlhnited for creditors to present their
claims against said estate, at the expiration of
•which time all claims not presented or not proven
to its satisfaction shall be forever barred, unities for
good cause shown further timo be allowed.
By the Court, WM. B> MoGRORTT,
[** a. J , Judge of Probate.
Attest: FaAHK Roefrt, Jr., Clerk.
joni in s\v » "

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