St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1888-03-03
petrator of deed, otherwise criminal;
from the legal responsibility for its COM
mission, the reason itself must be

petrator of deed, otherwise criminal.
from the legal responsibility for it's COM
mission, the reason itself must be
'UNsEATED FROM ITS THRONE.
So that the hand which fired the fatal
shot was directed not by responsible
intelligence and will. but rather by a
blind power which men call insanity,
and which either permanently or tenn
porarily, had destroyed in the actor, at
the time of the act, all knowledge of
right and wrong as to the particular act
DONE" Here he quoted the language OF
the supreme court, saying that 1t is very
difficult to define the Invisible line
which divides insanity from sanity.
Insanity is not to be founded on any
mere speculation, but upon proven
facts. In determining the question OF
defendants mental condition, you may
consider all the testimony and circum-
stances of the case, her physical con-
dition, her actions, appearance, speech
and general conduct on the day of the
killing and for the time Immediately
preceding. You should consider all the
facts and say whether the pressures OF
her most unhappy, unnatural and h0r-
rible surroundings, as told in evidence
by large number of witnesses, had de-
throned defendants reason when she
took Murphy's life, so as to render her
legally irresponsible for the act, or
whether her conduct was simply that OF
woman who felt herself deserted by
her legal protector, ruined in her repu--
tation and destroyed in her home, and
took that means of avenging her real or
supposed wrongs upon their author. Ii
she was laboring under such defect OF
reason she is entitled to acquittal. You
must be satisfied in this case that Muir
ply was killed; that the killing was I'M
lawful and done by this defendant; that
such killing was done without design
to effect death, in the heat Of
passion, but in calm and unusual
manner. If you are satisfied beyond
reasonable doubt that Bertha Hegener
did the killing feloniously and in
cruel and unusual manner, you must
find her guilty, unless you are satisfied
between right and wrong. Gentlemen,
of all feeling, sympathy, passion, hold
ing up the testimony to the cold light of
reason. Forget that the defendant is a
woman so far as that fact may tend to
influence your natural feeling of SYM
pathy. Forget the claim that the dead
man, as claimed, was vile in his
thoughts and action, therefore to be
abhorred by honorable men. Remem-
Der only your oaths, and well and truly
try, and true deliverance make i'll this
case"
The jury retired at 4:2s, and was out
exactly one hour and Is minutes.
A FAIR TRIAL.
Rarely is woman, brought into court
to stand trial for taking the life of a
fellow creature, able to pass through
the ordeal so bravely as Mrs. Hegener.
She was modest, unassuming and in no
way tried to excite the sympathies OF
the jury, though when the state prose-
icutOr, as his duty prompted him,
shouted out his seemingly cruel, biting
charges, she could not keep back her
tears. This was the first break in her
composure, and lasted but an instant.
The jurors, judge and attorneys were
all pleased with the bearing of both
husband and wife. The case,
so far as it related to Mr..
Erwin's and Mr. Egau's relations,
/ was pleasant, and lacked any biting Sar-
caSm, keen retOrt and abuse. Judge
I Egan's argument, though not hOWery,
was splendid arrangement OF eonclu-
sions admirably delivered. In the
minds Of all he did his duty well. MIR.
/ Erwin'S argument was most eloquent
/ and caught all alike. Judge Kelly char
acterized it as fine effort. The YER
dict OF the jury seemed to be the pOpu-
lar sentiment, and, as one man re-
marked, "There is still some chivalry
/ and respect for the weaker sex in this
/ wicked, misguided world"