The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1880-08-26
THE SCHROEDER CASE.
OBSERVATIONS OF THE PRESIDING
JUSTICE.
The Prisoners Application for Bail De-
MED.

In denying the application of Edward f.
Schroeder to be admitted to bail, pending his
trial for the murder of Dr. LIE Fevre in Oak
land, Judge Evans o. the Superior Court said,
in the course of his remarks denying the mo-
ton ''The killing is admitted by the prison
er himself. The evidence taken before the
police judge was brought before me, showing
that about the 18th of June this petitioner had
reason to believe, from conversation with his
wife, that she had been guilty of adultery with
the deceased. Thereupon he communicated
this information, so derived, TO his father-in-
law, the Rev. Dr. Stebbins The evidence
further shows that the petitioner went and
bought pistol and it appears, in his own tes-
timony, that he bought the pistol with the in
tention of killing the deceased. Subsequently
he returned that pistol to the gunsmith from
whom he bought it, and it is claimed by him
that his intention to kill ceased at that time
1t appears in the evidence again that at an
other time, in the city of Oakland, passing
along the street with his father-in-law, DR..
Stebbins, he saw man whom he supposed to
be DR.. LIE Fevre. He left his father-in law
and pursued him on the street. Subsequently
left him in that abrupt manner, and he ex-
planned that he thought that man was DIR. LIE
Fevre, and in that conversation he explained
also, if am not mistaken as to the evidence,
his reason for following him, that he inten ded
to kill him.
Time wenton. He was in gloomy state
of mind. The evidence shows that his VIII ole
life had changed; so far from being a cheerful
compauionable, pleasant man, he became mo-
rose, gloomy, avoiding his companions, and
that his exterior conduct became entirely Diff
ferent from what it had been prior to the 18th
of June. That, it is claimed, is evidence that
he was insane. This condition of things went
on until the Goth of July, when the petitioner
bought another pistol in the city of San Fran
cisco and went to Oakland, met his wife. and
they together went to the Office of the de-
ceased, petitioners wife protesting against his
gong there 1t does not appear that she knew
what he was going there for, but she protested
in every way she could against his going there
He went there and had an interview with the
deceased, and, as be claims, made him ask his
wlfe's pardon. He then offered to ask pardon
of the petitioner who would not accent it.
Then, as he turned to leave the room, Schroe-
der shot and killed him, and, he says, in mo-
ment he was himself again. / suppose the
theory is that his mental alteration was cured
at that moment.
81 do not believe from the evidence that
there is anything in the claim of insanity
think it is one of those pleas that is interposed
for the purpose of meeting sentiment in the
community which is prevalent and entertained
by great many people, that under such cir
cumstances the killing is justifiable. The law
does not make it Unsuitable. The law excuses
homicide upon certain grounds and under GER
tain circumstances That is not one of the
grounds upon which homicide is excusable
Whatever individual people may think upon
the subject, such is not the law. The argu-
ment that was made here by the counsel was
made as much upon the theory that Schroeder
was justifiable as it was upon the ground of
insanity. Of course, when the question was
put directly: Do you claim that the law JUS
titles homicide under such circumstances? the
answer comes back, No. but the argument
proceeds entirely upon the theory that man
ought to be killed who seduces the wife of an
other.
Mrs. Schroeder's own confessions do not in
dictate necessarily that she was seduced, but
they are simply indicative of adulterous inter-
course bet ~een her and the deceased She
told her father that she had submitted herself
to Dr. LeFevre. There is no explanation from
her. She was not placed upon the stand
What circumstances attended it, whether she
was pursued, persuaded and prevailed upon to
surrender herself, the evidence does not dis
close. On the contrary the inference is that il
was an open, voluntary, adulterous inter-
course.
The plea OF insanity, I think, has been
more abused, probably, than any other one
thing in the law. In the Cole case, the Sickles
case and all that class of cases where the plea
of insanity has been interposed, 1 don't believe
fora moment that the counsel themselves,
who awaited themselves of the plea, had any
idea that it was true in fact. 1t is interposed
for the purpose of taking the benefit of this
idea which prevails in the community, a senti-
ment which is entertained by great many
people, that under such circumstances the kill
ing is justiiable. Of course the jury must
have some pretext upon which to acquit, and
this is the best that can be found; so the plea
OF insanity is nterposed, and the argument is
not made really so much that the party was
insane as that he was justifable. The excuse
for acquittal is that he is insane, but the argu-
ment proceeds upon the theory that it was per-
fectlY Unsuitable"