St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-03-01
TEMPORARY INSANITY.
That Is the Defense MIR. Erwin
Will Try to Establish.

That Is the Defense MIR. Erwin
Will Try to Establish.
If but half of the lengthy story told
by the counsel for the defense be true.
it reveals the elements of devilish in
genuity, wonderful cunning, and a
cowardly heartlessness rarely encom-
passed in the breast of a single individ-
ual. If true it shows the length to
which man would go when inspired
by the Insane passion" which MI;
Erwin claims possessed the murdered
man, and was the actual cause of all
the trouble. To many it looks
as though it must have been
an insane love, for it is rare
thing for a man who de-
liberately plots the ruin of his best
friends, to be capable of that sacred sem
timent and sympathy, which goes hand
in hand with true honest affection.
When the state rested its case, Mr..
Erwin arose. He assumed an easy
position, and began his address deliber-
ately and most eloqueDtly, as follows:
"Gentlemen of the Jury: The grand
jury has indicted my client for man.
slaughter. 1t is crime one grade
lower than murder. Murder is the kill
ing of any human being with pre-
meditated design and intention before
hand. Manslaughter is the killing of
a human being when the perpetrat0r is
in hot blood. ManSlaughter requires
no predeterminatiOn or premeditated
design or intention. The grand jury
ascertained that there was no such de-
liberation on the part of the defend
ant. They determined that what she
did was done under very great provo
cation. Indictment is merely manner,
in this country, of accusing one of COM
mitting crime, and no man can be put
upon trial or defense until indicted by
the grand jury. Grand juryS are per-
case-that of the state-but if they
think there is some evidence to explain
the charge away, they are permitted to
go into it. The proof before the grand
jury is simply the proof placed before
the petit jury in the case. Certain pre-
sumptions follow the charge, and it re-
mains for the defense to explain these
presumptionS away. In this case it has
been proved and is admitted that Mrs.
Bertha Hegener
WITH PISTOL IN HAND.
on the corner of Third and Sibley, did
physically the act. There is no ques-
tion as to that fact and the defense will
excuse the act, but not by claiming that
anybody else did it. 1t is to be hoped
that there will come time in this coun-
try when the law will hand to citizens
greater power of self-defenSe.
Frankly, at this time, it is not within
our system, to avenge our own wrongs.
This is curious state of affairs to one
who believes himself actually endowed
with the liberty that civilization has
given to the great masses of our people.
Under the older forms of society, at a
time when men were regarded but as
units in a thing fictitiously called the
government men and citizens were
mere atoms, presided over by
fictitious thing called king,
who avenged crimes, and punished
insults in his own way. Under that
one of those citizens should be made to
suffer, nor how great the indignity
heaped upon him. A man had no right
to consult his own conscience in any
wrong done him, and the system of
fiction still exists. We have conceded
away the right to protect our dear ones
and ourselves under our constitution.
Take this case. A woman Slandered,
poisoned in her very life; struck down
in the presence of all the powers of gov
ernment by the very handwriting of
the man who dared to aSSail her char
acter and purity. She feels it more than
if she had been shot down. Shame be
it-said, that, hurt as she was, she had
no remedy by law, save to go before a
justice of the peace and have him bound
over for libel.
"You know that it is utterly impossi-
BILE for a pure, virtuOus, upright woman,
a loving, faithful wife,a devoted mother,
guarded by the economy of heaven
for such an one as her to have for
an instant that wicked, abandoned
mind that all criminals carry, is simply
impossible. How did she, you ask your
selves, alone do violence to all the con-
dition of crimes, before the city? She did
not attempt to conceal the act. When
one commits an act that they know to be
wrong, they always try to conceal it..
You see an utter absence of that here.
She looks not like one used to handling
streets, forgetful of herself, fOrgetful of
her children, forgetful of all. Do we
see in her such brazen effrontery and
such strong mind, used to handling
revolverS and resenting insults? No.
We find that
SHE WAS BESIDE HERSELF,
moved by certain sorrow indefinable to
us: and that the barriers of the mind had
given away and the body acted without
a leader. If it is possible for man to
predetermine insanity, OF those ques-
tions which we know SO little of, then
we should punish man for their acts,
without any regard for the intention, or
without any regard for hot blood. etc.
When we shall tell you the circum-
stances that surrounded this woman,
terrors and perplexities put about this
woman by Murphy, then you will be put
in position to say whether, under the
same circumstances in your own family,
it would not have broken down your
mind. This woman did not know the
nature or quality OF her act, or whether
it was right or wrong; she was in such
state of frenzy as to be eXcuSable un-
der our law. We can trace home the loss
of her mental functions to this man Muir
ply, and all the sufferings she underwent.
Murphy set about ingratiating himself
in the favor of both Mr.. and Mrs.
to get home first, and would tell Bertha
that he had tried to get Charles home,
but he wouldn't come. He told her that
Charles had been unfaithful. He did
everything to make Charles trust him
and believe him to be his best friend.
At one time he went into the kitchen
where she was washing dishes, and for
the first time in his life asked her to
kiss him. She was astonished and asked
him what he meant. He replied by
grabbing her by the throat, but failed in
his attempt to get the kiss. She threat
ened to tell her husband and Murphy
fell on his knees before her, begging
forgiveness and saying that he loved
her better than all his life. With that
womanly sympathy and pitying feeling
which we none of US understand she re-
Trained from telling her husband of this
declaration. [ shall always think that
Murphy was insane and acted with
animal daring. He was the victim of a
mania, without which he would never
have dreamed of the assault. He seemed
to :be predetermined to prove to Charles
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