The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-06-04
THE INSANE MURDERESS.
THE SINGULAR CAsE or MRS. JOSE
PINE 4. WILMER.
A Reaction Caused BY her Conviction What
the Force Of Public Sentiment has Done
al. T.. 81.

A Reaction Caused BY her Conviction what
the Force Of Public Sentiment has Done
Important Points in the judges Charge.
MILWAUKEE, May 10.-The conviction OF
Mrs Josephine A, wilmer for tho murder Of
DR.. John T.. Garner fairly shocked the COM
munity, and the reaction OF public sentiment
against Judge and Jury has been Of 90 marked
and severe a character AZ to warrant more than
casual reference to the case.
That twelve men claiming average common
sense should have agreed to return n verdict Of
murder In the fret degree, after II was shown
that the prisoner had been insane for wears, was
almost moon pre- ensible, and would have been
entirely so had not the newspapers published
the supple m entail instructions OF Judge Mallory
IN connection with the case. The Judge hal
CHARGED that partial inssnity would not warrant
an acquittal, unless " could be shown that the
accused had no control of her mind or actions
Just previous TO and az the time OF the hoini-
cluded In this supplemental charge laid greater
stress ON hei seemingly rstioDal proceed ure than
u did upon the established facts OF her hallu-
i" Consider" said the judge, show she pur-
chased ticket IN Chicaeo, and read book on
her whyto milwaukee In the train f; her engage
ment Of a hack driver; her recollection that
she had failed to secure her trunk her order 10
drive to DIR. Gamers; her care to ask Is this
DR.. Garnerr before she ared the fatal shot.
Consider this. her conduct afterward, &C., snd
an insane mind or not"
Many citizens had yet In mind the case Of a
well known business man, now convalescent,
and actively engaged In business, who once la
bored under delusion that his creditors were
following him TO strip him Of bis money aud
personal eneots. Friends were closely watching
the unfortunate man, but at dead of night he
cunninely escaped from the custody OF those he
roofs, Jumped into the river. and chung TO a
pile, nom which he was rescued and cared for
by the police. lad that man turned upon some
/ 1s Ia aud lla4h m
1t not have been folly for a Judge to ask
ajury 70 consider how the risoner carried bis
carpet bas from Columbus, where he resided
how he adjusted his eye glasses, and how he
hired hack, after testimony from friends who
bad followed him from his fofmer homo that
pc was rational on al points but one, and that
one the effect Of delusion that lie was grow
my poor, and was about To he robbed of What
Mite nc had-that little meantime amounting
to sGlOOf
Win such a case as this In mind, u was no
wonder that the public press and the intelligent
portion OF the community were indignant over
this outrage upon their sense Of justice.
Inc reporters were active, the discharged
Jurors were interviewed, aud the fact that tue
supplemental charge had turned the scales has
been established.
Then the counsel for the defence. during their
argument tor new trial. introduced an AFFIDAVIT
that one OF the jury had been approached by 4
material witness Tor the prosecution, Dr. Nsu-
man, who, OF all the physicians examined. uione
lest lied that he old not believe Mis-. wilmer to
this disciple Of Gacuispius met him while
the jurors were out under cnsrge Of deputies,
/ W nun vi All enetGeUcAliN prOlhe
manner OF the prisoner, urging him To give 1t
! to her." Another aftidavit charged that the jury
were supplied with splrituous liquors while they
were In conference.
When Dir. Burrows, one OF the counsel for the
defence, had opened his argument for new
trial. Judge Mallory said that the rress mad pub
hshed only the supplementary charge, ana this
was only one third the length Of the whole charge.
| Counsel replied that that the teeth OF "A rattle
snake ana the sting Of an adder are only small
part Of their length, and then paid his compli-
ments to the Hon. A. II. Il. II itler. private coun-
sci for the prosecution, whom he chsryed with
Unfair unjust. aud uaprotcsstonal conduct. ask
ing that he be excluded from further cOnnec-
ton with the case. as he was the paid attOr-
ney OF the friends OF the late DIR. Garner, and
not assistant counsel for the SlaLe.
After the argument OF Mr. burrows and that
or his associate, Mr.. Ebtitts, Judge Mallory
acknowledged that the case was peculiar ana
importint one, and said that he had expected
That II would be appealed. lie had feserNe ed SEN
tence So That the prisoner could be placed
In some ASYLUM for the Insane, wnerc her case
could he observed for n time 10y ph, siciaus who
We're xperis In cases OF insanity. he advised
this dis position OF the rtisoner, which WAS cOu-
CURED Ia 10y tho counsel.
Thus publc sentiment has secured for this
unfortun tie woman all that her friends de-
sired to achieve Tor her-custodv and suitable
care and treatment-and public sentiment sell
dom errs In cases OF the unfortunate. Judge
Mallory has the motion for new trial under
adyisement, and Is to give decision on We'd.
that the case may be appealed to the Supreme
Court.
Application has teen nled In the County Court
for tue necessary pow ef 10 place Mrs. Wilmer ia
the Oshkosh hospital for the insane until her
case can be permanently disposed Of.