Los Angeles daily herald., 1888-03-25
WESTFALL'S SANITY
Inquired Into Before ~ Jury
eSterday.


Inquired into Before "a Jury
Yesterday.
A jury was called in Judge Cheney's
court, at l p. NJ. yestei day, to pass
upon the sanity of George Westfall.
The first witness examined was Mr..
E. B. Webb, " no testified: | am ac-
quainted with George Wesifall, having
occupied room in the County Jail
with him for some weeks. From my
conversations with him / am satisfied
the man is not right. When l was
first incarcerated in the Jail and as
signed to his room he asked me if I
was an officer. I told him no. He
replied, 81 am" After l learned
what he was charged with. had a
curiosity to know his condition OF
mind, and often talked with him to
ascertain whether he was sane. Some
days he appeared to be all right, but
at other times not in his right mind.
VIM. Johnson, being called, testi-
fed: For three months l have been
confined in the County Jail and have
known Westfall. l have had very
little conversation with the old man,
but have noticed his actions and con-
duct, and am of the opinion that he
is insane.
The attorney for the defense an
nounced that under the circumstances
he felt justified in asking that Judge
Cheney take the witness stand. Upon
the Court replying that he was aware
counsel had the right to call Court
as witness, yet he would be unable
lay a foundation for evidence. The
request was withdrawn.
The next witness called was VIM.
Dixon, who testified: / have been
confined in the County Jail for fifteen
months, and for three months occu-
pied the same cell with Westfall.
From my observations, conversations
and associations with Westfall, 7 be-
lieve him to be crazy.
The defense announced that it
would rest its case upon the evidence
adduced.
The first witness introduced on the
pirt of the prosecution was Robert
Martin, a Deputy Sheriff, who testi-
fed: l have had charge of Westfall
since he was placed in the county
jail. 1 have frequently held CONVEX
sations with the defendant and he
appeared to be as intelligent as an
average man. i should consider him
sane. asked him why he attempted
to kill his child. He replied, ~
don't know why l did it; l wish l
had not" Since Westfall has been
on trial 1 have noticed he trembles
and shakes his head when talking. l
never noticed anything like this before
the trial.
w. H. Russell, Jailor at the County
Jail, testified: Westfall gave me
several notes, desiring that 1 should
send them to the Missouri House.
He also wrote. several letters, all OF
which passed through my hands.
They appeared-to be written and COM
posed intelligently. l asked him
take the life of his child He said,
81 don't know" He appeared to
greatly regret his action. l have
noticed marked change in the de-
meanor of Westfall since the trial has
commenced. He now has palsied
way of shaking his head and looking
wild which l never observed before.
At one time. after DR.. McFnnan had
examined Westfall, / remarked to
him, after the Doctor had left, "You
must look wild-eyed if you want TO
play it fine." He made no reply, but
held up one finger and shook it
at me, as much as to say
that he needed no suggestions.
Attorney Mason somewhat excitedly
questioned Mr.. Russell, and upon
pressing question as to whether he
did not make it a business to do all
he could to convict prisoners, Mr..
Russell replied, "I'll give you away,
too, if you insist on it." Mr.. Mason
insisted that he should give him
away, and the Court ruled that, as he
had volunteered the statement, he
must make good the threat. Mr..
Russell then stated that Mason had
told his brother that he would have
Westfall fixed for the trial, or words
to that effect.
j. w. Grubbs testified: | am a
deputy sheriff, and have frequently
escorted Westfall from the court
room. 1 have noticed that his whole
demeanor and expression changes as
soon as he gets outside OF the court
house. sd
With the last named witness the
case rested, and Judge Cheney gave
his instructions to the jury, and con-