St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-02-04
KILL CALLED INSANE.
The Supposed Murderer Of Jacob Kohn
Goes to an Asylum.
A VERDICT IN FIVE MINUTES.
The Testimony Of the Expert Physi'
clans and of the Sheriff's
Employees.
eve find the prisoner insane :"

We Hiu tlC ptlSOiitl itlSttIS.
So read the verdict in the investiga-
ton of Nicholas Kills mental condition.
rendered at 5 o'clock yesterday after
noon. Kill was at Onces removed to the
county Jail, and information will be
filed with the probate judge the first
thing this morning. Judge Kelly's
order for his commitment is ready and
Kill will be in the asylum ere many
hours have passed.
When he was returned to the jail at
the close of court last evening he kept
up an incessant muttering, with an Oc-
casional oath. He was awake all of
last night, and sang and prayed alter
nately as he walked the floor. He kept
the other prisoners and the officials
awake all night, and all breathed sigh
of relief when they heard the verdict,
in anticipation of his early removal.
Before Judge Kelly, yesterday morn
Ing, the case was resumed. Charles
Dana, Sheriff Richter's clerk, testified
that he had seen Kill pick up snow and
put it in his pocket. Attorney Pr0pping
said that he had heard several CONVEX
SationS between Kill and his attorney.
The answers of Kill were always unsat-
isfactory and wandering. He thought
him insane. Jno. Kill, the prisoners
brother, said he
THOUGHT HIM INSANE,
and Mr.. Pepper, night Waterman at the
jail, had seen an apparent attempt on
Kills part to hang himself.
Dr.. Riggs said that after twelve ex-
aminatiOnS of Kill he believed him to be
insane. He based his opinion on Kills
general present condition, the tremu-
lousness of the tongue and jactation of
the muscles of the forearm, which he
considered voluntary. along with his
general mental imbecility. He consid-
cred it impossible that man of Kills
mental caliber could feign the symp-
toms necessary to general paralysis of
the insane. DIR. Spencer substantlated
Dr.. Riggs testimony.
On the part OF the state, DR.. j. E.
Bowers, superintendent of the asylum
at Rochester, DR.. A. b. Ancker and DR..
0thage. were called. They stated that
they were utterly unable, from the eX-
aminations they had made of the pris-
oner, to express their opinions as to his
sanity or insanity.
The attorneys for both sides waived
summing up of the testimony and Judge
Kelly charged the jury. The testimony
was clear as to insanity and Judgekel1y'S
charge was favorable to the verdict. He
said to the jury, after fully examining
the case, that the statutes simply reiter-
ate the common law to the effect that
one upon whom the hand of God had
been so heavily laid, should not be
called upon to answer to crime while
in that condition, and that the statutes
forbade putting man on his trial while
insane. The judge said that when the
thprn mQth-
DDS he could have pursued, but he pre-
ferred to leave it to citizens of the coun-
ty; that the burden of proof was on the
defendant, and the jury had a right to
consider the opinions of physicians who
are familiar with the cases of men be-
reft OF reason. In exactly five
minutes the jury returned verdict
of insanity. The attorneys compli-
| mented Mr.. Thompson on his manner
of conducting the case, and the physi-
clans expressed their surprise at his
Thompson had brought out peculiar
point of law, never before raised in the
state of Minnesota. and fought the case
stubbornly in the face of public opinion
and other disadvantages. Kill will be
committed to the asylum at once, re-
main there until cured, and then stand
his trial for the murder of Jacob Kohn.
LITTLE BRIEFS.
Goes & QuenSel sue Burns Sc King, ct
al, for 1864. IA OH a prOmissory note.
John w. Ward has sued C. A. Blosch
to forcl0se mechanics lien for SOS for
material and labor furnished in the
erection of house.
John Rogers, Jr., and James A.Rogers
sue Andrew Simpson to quiet title to
the north half of lot 4, block 4, Patter
sons addition.
Marie Finger has petitioned for
divorce from Joseph Finger. Oh the
ground of cruel treatment and habitual
drunkenness. They were married in
Austria, Dec. IS, 1869, and have resided
in st. Paul for sixteen years. They
have had eight children, only one
whom is living.