Show NON COMPOS MENTIS I I This i the Defense i the McFar I lane Case rH DEFENDANT ON THE SAD I Shows n Wonderful Ability in Failing to t Remember Anything About the Dreadful Butchery When the mail left Tuesday afternoon Peter Domgaard was on tho stand Continuing Con-tinuing he testified as follows oTho crowd rushed out at the back door because they knew Parley 1 jumped behind the door for fear of getting shot Hansen said Get from behind the door you cowardly B of a b to me After a struggle between be-tween Hansen and Goldinp Golding threw Hansen down and went out first I was not one of the hunting party spoken of I heard McFarlanos voice outside dont what was said I saw Hansen with the ball in his band I dont know whether he a threw it or not 4 At this juncture the prosecution rested J n little sooner than was expected and tho defense asked for a recess till yesterday morning after introducing one witness THE THEORT OF THE DEFENSE Mr King outlined tho theory of the defense de-fense They would show ho said the defendant de-fendant for two or three years had from I Excessive drinking became diseased in mind and body He drank two or three I pint of alcohol a day and had tits for a day or two at a time They would show that Mr Gelding made an assault upon him and that ho and Hansen Han-sen followed him up and through tho condition con-dition of h mind he fired the fatal shot LUTHER TUTTLE I live in anu Have lived there many years I was at Coolidces saloon on the evening of the day When I came from the postoffice I saw a dead man on the side db ll and hat was lying sideoi th1 When I went to pick up the hat I saw a cue bal on the sidewalk 1 picked it up with the hat I a man had thrown it from tho pool table it would have lodged about where it was found I heard two shots fired just before that Several of us ran after the shot Marker did not lay the bal on the table It was L HItS WILLIAM CARTER I live at Joseph City I am acquainted with defendant at my home He was teatI jjp diphtheria as a doctor QWhat was his habit of drinking i ADuring my acquaintance with him for two months in September and October 1 Octo-ber of 1SSS he drank a good deal of liquor I Ho would drink about three pints a day part of tho time alcohol and part of the lime whisky To Mr Evans Ho would reduce the alcohol with water buthe used about three pints of alcohol Sometimes I would think ho was insane He was stupid from the use of liquor Ho came out and paid mo a visit last August I havent seen him drink any for over a year He used alcohol alco-hol in the treatment of the disease aco WILLIAM CABTEl T a the husband of the last witness I became acquainted with McParlane over a year ago He was at our place about two months most of the time He was there us a diphtheria doctor He drank a terrible ter-rible sight of liquor He drank at least three pints a day It was sometimes nice bol and some was homemade whisky whik They have a distillery in that part of the country Ho would reduce tho alcohol about onoTialf Part of this two months he couldnt Ret any When the distillery stopped he was worse than when he had it He was at my house last fall for two or three week After ho had been there eight or nine days he got some liquor When ho was up and around he was at himself most of the time Ho could judge between right and wrong a he interpreted It I tasted of the valleytan Some of it was strong and some of it tasted a little smoky difficulty His mind was flustrated about his difctv Immediately on the opening of court yesterday yes-terday morning the defense called i PARLEY MFARLAXE I am tvrentynine years old I have a wife and two children For tho last two or three years I have been nursing in diphtheria diph-theria cases The field of my practice has been in and Sevier For ben Sanpcto the last six or seven years I have drank considerable consider-able liquor I cant state the extent of its use I usually drink brandy or whiskey When I a working I drink alcohol I generally gen-erally reduce it I have not been in good health for two or three years I was weak spells I had some folks would tell me it was fits but some said it want would bo I bervous and shaky and sometimes chilly ehiv My head would feel like a shadow I I cant remember how long these spells would last I have experienced those sensations during my cncent Not so much so as formerly for-merly I remember the day of the killing 1 knew Golding and Hansen I have heard talk of them lately I saw the men who were said t bo them I have a dreamlike recollection of seeing two such men I cant exactly recollect what happened I dont exactly remember of having anydifll ulty with them It sees that I met them jmd talked t tbem I seems they were mad at me and after me and were going t hurt me and got into some trouble I cannot can-not remember distinctly the nature of the trouble I cant remember when or where the trouble occurred I seems that it was at Coolidges saloon in Manti I cannot describe the nature of the difficulty anymore any-more particularly than I have done Crossexamined by Mr Evans I have been treating diphtheria about eight years I have been in southern Utah most of this time I havent been steady at it Part of sta the time I have worked in the cation logging log-ging That a either three or four years ago I have not had a great deal of education lion I went t school at Ephraim when I was a little boy I learned t read and wrt myself since I was seventeen seven-teen or eighteen jears old I have studied some medical works I have read some homeopathic works I u > dont remember whose works I have read I have read Dr Gunns work The witness memory seemed very faulty and he sat looking at the floor and wring ing his fingers vigorously Several times Mr Evans insisted on his looking at him the prosecutor He was taken through his family history and of his former life most minutely I know Mrs Carter I worked with her in Seer county Mr Carter her husband drove me from place t place I generally had liquor when I was travelling I with Carter I got tho liquor sometimes at Monroe sometimes at Elsinoro and at times I sent to Salt Lako for it I got tho lomemadewhiskey of men at these places It came from the mouth of Clear Creek canon I havent drank since my arrest jxcept time or two when I was sick The last time was a short time ago I was arrested ar-rested at Fort Epliraitn I hardly know what was doing there It seems to me I was hunting for my father and the officers A Ieirson arrested me He is a city marshal I think He took me t the city jail and kept me there till next day They took me to Manti from there and then brought me to Prove I had a hearing there before the commissioner I had an attorney here Mr Johnson I went to Salt JLake and was taken to the penitentiary peniten-tiary I went to Ephraim just before I was airested I dont know exactly how I went to Ephraim I think I went a foot I seems t mo that there was something wrong How i went I cant remember but I am satisfied I went afoot I seems I went to see some officers about something that had happened I know George Billings I seems I saw him It seems I told him to send his daughter up to stay with my wife I did not know that killed two men I seems there was something wrong I dont remember going into my wifes house I dont remember telling her that J had killed two men My recollection is that I went somewhere to meet my wife as she uiu me x nuuii ThINIILCU ncr wiling me to go that she did not want anything t do with me I remember what she said to me yesterday She then said that she had not told me to go I asked her about that because be-cause I wanted t find out whether it wa true or not I dont remember whether I had my gun or not when I went to mj wifes house QDojou remember going to your house and asking for her gun and telling your wife thata young man wanted it A No sir I have a faint recollection ollection of something about It It seems to mo I was going somewhere some-where on a hunting expedition or something It seems I started for the post office after hunting the gun down by the house I dont remember whether I went I to the postoffice I kndw Mr Bemis I dont remember of seeing him I have a faint recollection of seeing Golding and I I Hansen and of somo trouble I seems I met a man on the street and ho wanted to know what was wrong It seems t mo that I didnt want t talk to him I dont enow where I was going when I met him It seems I was going from the postoffico toward the saloon I dont have tue slightest i slight-est idea what time it was I dont know whether i was after dark or not I seems t me tht 1 was standing with tho gun in my band and pondering over some money affairs and I expected some money from the postofllce It seems t me that I was owll > Coolidge and hcspoke to mo about it It seems there is a dreary recollection recol-lection of something he said tome to-me that made me mad I was not drunk that night that I know of It seems that t kl I t was drinking some Idqntknov 1 whether 1 was talking of exchanging property with anyone I dont remembr but very little of what happened I know Jens Larsen but dont recollect shooting at him about a year ago I remember Jens Larsen and mo and others and it seems we had a pistol pis-tol between us I dont remember shooting shoot-ing him I know he was shot Ho was trying take ihe pistol from me I was drinking some that night I dont remember remem-ber of carrying tho pistol around with me I owned only a shotgun during the last shooting I remember being arrested two onhiec Jars ago I seems t mo I pulled out a revolver and it seems 1 me I stood the crqwd offthe officers and all I remember re-member last fall having a row in Sevier county riiave a very faint i recollection of it I dont think I had a pistol or a gun I never knew much about tho row I got wounded in the hand with a gun I dont know boxy the row was kicked up I Tgmeinypr pulling my pistol on Otto Overson Atleast have been told about it I dont remember After had sobered up I knew about tIles I rows Yet I would still go on drinking It was the general impression that the witness feTgned Ms wonderful ffir etful ncss whenever It came t those rows THOMAS FOWLER I am sheriff and as such I have general charge of tho jaiL He has been in my custody cus-tody for some tune His physical condition i very low He i subject to fits or spasms of fits One was pretty bad His talk would be incoherent That is ho would talk in a rambling manner When I have seen him in his fits he was at times vicious The boys in the jail were afraid ot him Ho had a kind of wicked look He would have a swoon or faint Ho had a little liquor a timo or two when in my charge Ho has never exhibited any homicidal propensities toward me When he was not in this condition ho would sometimes talk in a rambling way When I would ask him a question ho would jump on to something else EDWARD COOLIDGE I have known defendant eight years I live near him For the last six years his habit was to uso liquors The last two or three years he has drank very heavily Ho would quit for a short time then start again At my place I ho would average about twenty to twentylive drinks a day I have known him to drink more than that I have thought I saw him drink fifty drinks In u day I have seen him drink sometimes outside of this He las been nervous and had fainting spells 1 have seen him in these fits A year ago he was sick for two or three I weeks He was in a bad fix Prior t and after these spells his mind would seem I about as usual He would usually drink vvhiskby at ray place Ho had full access t my bar and drank alL I never know him t be insane in all this time Ho J snot s-not dangerous as t other people 1Ho didnt want t kill people when ho wrB In that condition On the day of the 1omi 1 cide ho talked rationally I thought h i was trying t quit drinking He was nell staggering stag-gering nor in a swoon His mind sbcmei pretty clear f cear QVhat is your opinion as t whether ho w is feigning this morning whili on the stand Ruled out On that evening from what I know of 4 s t him ho would know tho difference between be-tween right and wrong LAURA TUTTLE I have resided in Manti for twelve years and havo known him for seven or eight years He and his family lived at our house for five or six months Iknow he drank a great deal Ho has drank very heavily for three or four years I have seen him drink brandy and alcohol I have seen him have several swooning spells At other times his mind would bo wandering he would cramp violently At these times he would tear the cloths from his head which wo had put there and throw them across the room The last lit I knew of his having was live l or six weeks before the shooting He seemed more flighty lately than before I never knew of his being insane in-sane PlAT ALLHED I amacquainted with the defendant His habit as to the use of intoxicating liquors is bad I was with him July 24 1SS9 Ho drank but one glass of beer On the night of the 23d we started home from the saloon He took sick laid down and became limber and fainted I raised him up and he said ho would like to know where ho was Ho was out of his mind Ho had several fits that night I never knew him to bo out of his mind only when b had these fainting spells He didnt act dangerous I never knew him to bo insane I havent seen an insane person since I was a little boy CHRIS HENKICKSOX I have seen defendant drink a great deal during the last three or four years I havo seen him have fits and fainting spells Just before these attacks ho would be out of his mina He would have strange delusions delu-sions about the presence of persons who were in reality not there I was present on tho night of tho shooting I think Gold ing and Hansen went out directly after af-ter McFarlane I talked with him that night He seemed rational I heard him outsido of the door say Come out During this conversation Me would Calk intelligently I heard the shots fired but afterwards didnt see defendant cams F SF m I have been acquainted with McFarlano about nine years He has been subject t fits or fainting spells I sat up with him two or three nights when ho was sick Just before he took the fits he would talk wild I dont know anything about insanity insan-ity I dont know whether ho was insane CHRIS MADSES I was at Manti on the day of tho shooting shoot-ing I saw defendant that day We had an understanding that McFarlane was to bring his gun up for one of the boys One of them told him to bring it up to bo I cleaned The house hnNo was Pto take saloon the gun was in an opposite direction to the DOCTOR OLSTEN I reside at Ephraim city I am a prac ticin physician I am a graduate of the German school I have been practicing for twenty years I have heard the evidence evi-dence in the case I would consider the I amount of alcohol taken by defendant sufficient suf-ficient t produce this disease There is such a disease as hypsomania I consider the deicndant a hypsomaniac from what I have seen of him The effect of this disease 1 dis-ease upon this defendant I should say has had the effect of enfeebling his Asa As-a general rule such persons tlc offense easily I would not affect his memory From chronic hypsomania one may lose his sense of right and wrong It tends toward to-ward insanity I saw the wound in Han sons body The shot was a straight one Tho deceased must have stood in a right oblique position The deceased must havo been from two to six feet from the defendant defend-ant when the shot was fired To Mr Evans I have known defendant five or six years I have had somo business relations with him During any portion of that timo I dont think he has ever been insane I hasnt reached that stale I have seen him drunk He seemed more excitable than others From tho evidence adduced I think bo might not know right from wrong while he was drunknot otherwise I dismissed him from tho board of health under mo for drinking board temper would not be uncontrollable I would not consider tho acts described as those of a sane man He must nave had morbid illusion I think one who would cill as defendant has done would havo a depraved and wicked mind DR M I HARDT I am a practicing physician I am a graduate of the University of New York I am city physician of this city A hypothetical question was put the doctor doc-tor covering the facts in the caso according accord-ing t the theory of the defense The answer was that ho would judle it might produce temporary insanity His standard of judgment would be diminished dimin-ished A man such as that would be subject to epclcptoid fits Acts might be committed which would be automatic In character Tho will power of such a subject would be necessarily impaired 1 would not of nec cessity produce Insanity The prosecution also presented certain hypothesis from their theory of tho case The witness did not see how a person could drink so much as that and live Tho act might be those of a sano or insane person They might savor of temporary insanity They possibly might bo tho acts of a san man as well a of an insane One On general terms I no not think three or four drinks would dethrone the reason I think from the fasts stated tho man was temporarily insane A man might ho insane in-sane on one particular l min and not on St others The defense rested In rebuttal thi prosecution called La HOLDAWAT n I heard tho shots fired I found tho defendant de-fendant after awhile at Ephraim1 about ftclock tho second day after the shooting I helped take him to Manti I had a talk with him Ho wanted to know inw affair were at Manti 1 told him I would protect him He consented to having tho chains on He asked how the two men were Golding and Hanson aud how the feeling of tho people were We lodged him in the jail at MantL He told mo it was a bad job and ho was sorry he had done it He told me ho saw mo when I was after him The reason he didnt want to go back was because ho wa afraid of being lynched He didnt want to fall into Larsons hands he said for I fear ho would be lynched He also said ho had seen mo in a house at Ephraim through the window but ho didnt carto give himself up He described t me aU he had done after the shooting Woilo I was with him his mind seemed to be clear I tho Manti Jail he mude a statement a I k about getting into a row over a pool game While the witness was refreshing his memory from notes taken at the time of tho interview at Manti your reporter mailed these notes The case will not be completed com-pleted till Monday W |