Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1881-12-23

was brought in contact with the criminal in
sane. and for that reason, perhaps, could not
be so good authority as some others.
He had, however, found that the peculiari-
ties Of a sane mind generally appeared
prominent in the insane mind, and that the
instances Of a fatal change of character we're
rare.
This was in direct opposition TO the weight
Of expert testimony previously given"
The witness was questioned at great length,
his answers indicated great conseryat ism of
opinion. Scoville finally asked: Well,
Doctor, how old do you think a physician
ought 10 be before he is able to distinguish
between sane AMI insane men.
The witness replied that he himself was
not yot old enough to distinguish between
sane and insane people.
Guitean, dangling That's the best thing
you have said yet, Doctor. Ladies and gen.
tlemen. you see I'm letting Scoville do most
Of the talking today. I'm keeping quiet.
letter from DR. Spitzka va. not address
ed the prisoner, but to Scoville. He had
carelessly left il within the reach of the pr.s-
oner. who Immediately seized it.
Recess.
After recess the cross examination of DIR.
Damon resumed. ScoyilIe called the
witness attention to Corkhilrs hypothetical
question, and he, while cOntending that
though the facts tended to show that the pris-
oner sane. admitted many Of them taken
individually, was not inconsistent with the
existence of un.ound mind
Scoville asked-Did you ever believe in
personal divine inspiration in this age of the
world!
A-Not especially.
Prisoner-Well, Doctor, if the Lord could
inspire man two thousand wears ago, why
can't he do il to day:
, Scoville-I have no objection to your an
swering that question.
Witness-If the Lord did inspire any body
two thousand year. ago he can now If he
chooses.
Prisoner-That is nv idea On that, he not
only can but he did in this particular case
Scoville than propounded hypothetical
question taking a. his strongest point aver
ment that the prisoner beleaved firmly in his
inspiration to shoot the President, and in
quired whether If that averment were true
that the man was insane at that time.
Witness-Dont think that is question
for expert. Any one answer that,
there is only one answer to that question,
suppose the man to bs insane. il he insane?
(Laughter).
Witness stated that he did not agree with
Mannsley on the question of moral insanity.
guish between right and wrong, but not able
to choose between them:
A-W hen under insane delusions. YES.
On redirect examination, witness was ask
ed the reason for his conclusion that the
prisoner was sane.
Scovile objected, and the prisoner advised
the district attorney to pay the witness his
five hundred dollars, and let him go home
Court sverruled the objection, and the
A
on his examination of the prisoner, and
from his testimony. the witness saw nothing
IN the prisoner that was not the result Of his
natural character en-ly training and life he
had led
Q-Iou have been a.kcd whether man
might be impeled to the commission of
act be knew to be wrong by an insane de-
lusion. Could he-be so impelled by an IT.
resstbl. impulse to do what was wrong?
Al suppose that takes in fit of passion,
where there is no dcliberation, and when up
to the moment of the act the person knew
what was right and wrong.
Q-Could there be irresistible i'm
pulse in the absence of deluson:
Ain the absence @: an express drlusion
there may be, but NV own b, lief is that there
exists an unexpressed dclusion in the mind
Of the actor.
Prisoner-Fhese experts, allow me to say,
are high toned respectable men, but with all
respect. say they hang as many men as the
doctors kill.
ID Mclean Shaw the witness who testi-
fed that Gniteau told him he would initiate
Wilkes Booth. was recalled.
The witness was greeted by the prisoner
with: This is the man who told the lie about
Booth. We have your record, Shaw, over
there in New Jersey, where YOU were indct-
aIt far Y m nj nH a 70 IL
meal bubble.
Scovilie-Were Won ever indicted for per-
jury:
A-For alleged perjury
prisoner-The judge said you ought to be
in the states prison.
Scoville (angrilv Now shut up.
Prisoner-I wont will go on.
Ssoville-Then go on, and will go off the
Prisoaer-We will have a new man tomor-
row this is your last day.
Scoville-What the perjury alleged?
A-That | had given false testimony in re-
gard to the payment of certain note for
1000.
Odd you swear that you had paid the
note?
-A-Yes. sir; there were ten eleven
notes of the same amount.
Q-Then again YOU swore you had not paid
Wuness-I was mistaken in swearing to
the wrong note. What testified to ex
actly true in regard to another note of the
same date and amount
Witness denied that the judge had. in the
perjury case, made use of such language.
Scovile stated that he would call four wit
nesses to testify in regard to the perjury
case.
Adjourned