The critic., 1890-12-22

that the patient was suffering from nal
ljicinatons he could be considered clearly
under the domain Of the disease. The
doctor based his belief that Ward was
suffering from the disease upon the facts
detailed in the first question asked him.
Has not such q man. asked Judge
Hoec, always Il certain intelligence which
enables him to take care of himself2n
"up to II certain point he has, replied
the doctor.
Judge Iloge then asked If this intelli-
gcncc would not exist when u man under
the influence of liquor throws his money
around, particularly among friends.
DR.. Kcmpster admitted that il might #
he only exhibited q small amount Of
money, but the throwing around of such
large amounts as Ward was accustomed to
do indicated the lack Of that intelligence.
DR.. kcmpstcr admitted OH cross-eNamj-
nation that Wards drive to the Smith
sonian grounds could not be considered
an indication of his disease. The witness
was then cross-examincd as to the in
sanity indicated by Wards threatening to
commit suicide.
Have YOU any idea of the statistics Of
men afflicted with business troubles who
were not addicted TO drink or any bad
habit but committed suicide on account
of these troubles The doctor answered
that there were such cases and admitted
that there was no INSANITY indicated by
them.
ON further rcross-examination DR., Kemp
stcr said that mania q pOtn did not deprive
the patient of his reasoning faculties.
1t would not prohibit man from keeping
an appointment made ut any place, and
particularly at % barroom, because the
patient would be more likely to remember
TO 90 TO u place where he could get that
which he cared for-drnk.
Judge IIogc continued to cross-cxamne
the witness ON each of the incidents de-
tailed in the question. The incident of
Ward advancing money for cargo of ice
ioved. indicated mdnia p0fn.
The Doctor was then cross-cNanined on
the second question, and said that Wards
going to the saloon and shooting, under
the circumstances, did not indicate a
determination in the mind Of Ward. lie
was undoubtedly acting under hallucina-
ions These dclusions would be caused
by drinking even q little wine or beer,
providing that the patient had previously
undergone n long system of 'soaking.'
The dclusions and conditions under
which Ward was suffering would not nee
essarily produce doiiriuH homeas. Among
the delusions which the doctor mentioned
upon cross-cxamination were the follow
ing: of an imaginary wagon, the men
which Ward thought We're pursuing him
at the Riggs House and the clam incident
at the wharf.
docs not the use of firearms inv0ve
something else than the wantonness of u
madman, some motive or some reason? ~
asked Judge lIoge.
DIR. Kcmpstcr replied that such was not
the case, as the decisions under which the
patient suffered might be the cause of the
use of firearms.
''rhc man who takes life,n said Judge
| I1oge sis supposed to have Il motive.
Nov, where do you draw the line between
| a man who is irresponsible and one who
| isnot ~
| The Doctor replied that all the incidents
| of mans life must be taken in reaching
| such conclusion.
Judge lIoge then gave Hypothetical
case, representing Wards relations with
| Adler and cross-cxamincd DIR. kempster
regarding the motive which they would
furnish Ward for killing Adler.
| The witness thought that in a sane man
such n motive might have existed, but
| Ward was irresponsible, being under the
influence of hallucnation.
| On cross-examination by Mr. Clagett
| DIR. Kempster said that person suffering
from mania a potu retained his reasoning
powers and could distinguish right from
| wrong.
The disease could be cured without any
treatment il the patient would leave drink
alone. The Doctor then gave technical
definitions of delrsions, illusions and
| hallucinations. Eccentricity, the Doctor
said, is no evidence of insanity.
On redirect examination DR., Kcmpstei
| said that IL man Of Wards character
shot another man for a small ofrense il
| would raise some suspicion of his sanity
in the mind of an expert.
| D.9l n'plnpl, nr X anlIStprf = netill onN
was closed and Surgeon-General Hamil
ton, U. $. A., was called to the stand. DR.
| Hamilton testified that he was present al
the autopsy performed on Adlcr's body.
The corpse, he said, was extremely
emaciated, and there were several bed
sores on it. He saw the upper portion oi
the spinal cord, and so far as he could
see discovered no injury to the cord.
On cross-eXamination Mr.. Clagett asked
DR.. Hamilton whether the operation per
formed on Adler's neck by DR.. Thompson
was not proper. r4
Judge Wilson objected to this question
and stated that the defense had no inten
ton Of going into that feature OF the
case.
Mr.. Coleman said that in order not tc
delay the trial longer than Christmas, the
evidence upon the subject of the treat
| ment of Adler.
Mr.. Clagett then asked that the testi
mony of Drs. Morgan, Norton and Hamil
ton given as to Adlcr's condition should
be stricken out.
The defense objected to DIR. Hamilton''
testimony. being stricken out but Mr.
Wilson objected on the ground that DIR
Hamilton's testimony would be necessary
to show that the ball first struck SOM
other substance before striking Adler
neck.
The abandonment of the malpractice,
line Of defense much surprised Judg
Hoge who Indignantly stated that II lef
the prosecution powerless to eliminate tn
medical testimony from the minds of tn
jury, although it could be stricken from
| the record ...