Show liEARING THE ENDa The Irvine Case Will Not Be Concluded Until Monday ANOTHER NIGHT SESSION HELD McCulloneh for the ttate Occupied the Greater Pare of Yesterday y Followed by Wlisdon for tho Defense LINCOLN Oct 22 Special telegram to THE HERALD The Irvine trial was resumed In the District court this morning The defendant gave evidence of nervousness nervous-ness as a result of the long strain and flat with bowed head Mr McCullough for the state occupied the greater part of the day Jn his argument He said that i ho had consulted his own inclination he should have returned to his home In Indiana well content to let the caso be preoented by his Ijiocounbel Ho came here on behalf of tho grief stricken and kged mother of the deceased de-ceased to sift the evidence In tho case Wo are here said he to try one question and I one alone we are not here to discuss who I lied Montgomery I is conceded that the prisoner athe bar was the man who fired the shot the only question here is whether or not the mind of the prisoner is diseased whether he was actuated by the impulses of a disordered brain In a loud and comaadlng voice he endeavored en-deavored to Impress upon tho minds of tho jurymen that i they considered anything but the law and evidence they would be guilty of perjury and violating their oaths Mr McUulloueh declared that he did not come here to apologize for adultery nor to apologize for Montgomery he knew of no worse crime than seduction and God never who seduced made a worse man than one and ruined a poor fatherless girl He claimed however that no man could deceive a married woman and excoriated Mrs Irvines actions In most scathing terms He declared that no man ever committed com-mitted adultery with J married woman unless un-less the woman met him half way and on this rather delicate theme dilated at length and most eloquently He claimed that there was no seduction in this ease and that the married woman who committed adultery had no virtue Touching upon Mrs Irvines confession h j drew a horrible picture of a nerveless halfcrazed woman and with fine scorn ridiculed Irvines statement that his wife made the confession voluntarily growing almost hysterical in voice and imagination over Poor Mrs Irvine He declared asa as-a Ho upon its faoa what she wrote about the confession being ruao if her own freewill free-will Ho demanded to known why the defense had not called Mrs Irvine to tho stand to tell what occurred at Chicago as tho state could not and asserted that if she could be brought here free to say what she would she would tell 1 story of inducements induce-ments and threats that would freeze their Tery blood He closed with the usual appeal ap-peal to the jury for a verdict based on the evidence C O Whedon for the defense denied by implication that the defense had at anytime any-time abandoned its claim of mania transl toria on the part of the defendant He paid an eloquent tribute to Irvine and scored with vehemence tho vituperation on indulged in by McUullough against the prisoner Following in a measure tho line of thought of Mr Strode he quoted the Mosaic decreeing death to the adulterer and adulteress and the Saviors intercession in behalf of the women in the edict that 1 the one who was without sin should cast the first stone He said the Mosaic law as to man had had never boen abandoned or repealed that from the time that Edward Montgomery committed the sinful act that he was under n continual sentence of death He quoted liberally from tho Bible to emphasize the severity of divine laws against the adulterer adult-erer and contended that the latter had already al-ready been condemned b > a court higher than those of Nebraska or any other country coun-try Mr Whodons address continued for some length into the night a recess being taken for supper It is thought the arguments argu-ments will hardly be completed before Monday night |