Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-06-01
FREEHlE'S SANITY.
BATCH OF AFFIDAvITs TO SHOW THAT
HIS MIND rs UNBALANCED.
A New Defense offered In the Effort
for New Trial-Insanity Was
In His Family.

1 .. ~sc" AChCASo OneT6Q IN the EuOT
for New Trial Insanity Was
In His Family.
The relatives of Charles Freeman, tn,
convicted murderer of Mark Feeney, art
making determined effort to save hi!
neck.
For the past two weeks they have beer
gathering afidavits. principally in the
neighborhood where he was raised, tending
to show that he was not sane man, and
that when in liquor he was little less than
an uncomfortable maniac.
Efforts have also been made, but in vain
to have Archie Wilke, who was with
Freeman when he drowned Feeney, sign
an affidavit to the effect that Freeman was
"crazy drunk" on the day and night Of
Feeneys death. Wilke, however, posi-
lively refused. and referred the urgers to
the District Attorneys Office. Last Friday
evening Assistant District ATTORNEY A. T.
Bruner happened to be in Antelope on
some business, and Freemans brother-in-
law, Mr.. Aston, importuned him to use
his influence with Wilke with the view of
getting him to sign such an affidavit.
Wilke was there, also, but Mr.. Bruner
simply told him to swear to the truth in
any affidavit he might sign. The fact that
Wilke testified at the trial that Freeman
was not drunk stared him in the face, and
an affidavit to the contrary at this time
would mean prosecution for perjury. So
Wilke did not sign any affidavit.
Freeman and his relatives and attorneys
have apparently given up their defense
that he did not murder Feeney, and will
| now resort to the insanity plea The affi-
davits procured are all to the effect that he
was insane from the use of intoxicating
liquor on the day of Feeney's death and
did not know what he was doing.
In the face of this is Freeman's testi.
| mony at the trial that he was not drunk,
| and he remembered thoroughly all that
transpired on that eventfnl day and night
and, in fact, he told complete and in
genious story regarding his doings on that
| day and night.
AFTER A NEW TRIAL.
Yesterday was the day set for the srgu-
| ment of the motion for a new trial for
Freeman. The defendant and his attorney,
| Charles n. Post, were in Court, as was also
attorney Charles T. Jones, who has been
recently employed to assist Mr.. Post.
| As soon as Judge Van Fleet convened
Court, Mr.. Post called up his motion, and
began to argue that new trial was due his
client on account of various errors made
by the Court in ruling during the trial.
The alleged error upon which he laid par
ticular stress was the questioning of one of
| the jurors by the Court during the impanel-
ment, OF points which there was no au.
thority for his SO doing.
| When Mr.. Post concluded, Mr.. Jones
took the floor and produced bundle OF
| notwithstanding the ones mentioned above
and he proceeded to read their contents
to the Court.
The first deposition read BY Mr.. Jones
was by Freeman himself, and was in effect
as follows:
That he is the defendant in the above
entitled cause; that if a new trial were
granted him, he expects to prove by Z. A.
Currey, Alice l.. Aston, VIM. Bolton, Ida
Butler, William la Due, Harry Curry, Lila
Freeman, Fred. Coleman, Fred. Fricke,
Eva Fricke, R. c. Campbell, ]. d. Pratt, P.
D. Pratt, John Aston, Mary Aston, w. J.
Blair, A. Keithley. ]. A. Aston and Chas.
n. Post, whose affidavits accompany this
one, that they have known him Intimately
for number of years that since he was
| nineteen years of age he was subject to rush
OF blood to the head that when so troubled
he becomes unable to control his actions
also that when under the influence of in.
toxicating liquors he becomes dangerous
man,
CRAZY AND IRRESPONSIBLE,
Attacking his best friends that his grand
father was troubled in the same way, and
once attempted suicide; that two of his
cousins became insane, and many of his
relations died of fits.
That on the day and night of Mark Fee
ney's death he was drinking heavily, and
was badly intoxicated at p NJ, when last
seen by these witnesses. That he did not
know prior to his trial that he could prove
these facts, nor had he ever been told of in.
sanity in his family, nor did he know that
such facts were material to his defense, and
he never informed his attorney of the ex.
istence of the same or his ability to prove
them; and he only learned of most of said
facts since the trial, through information
furnished him by his mother and sister.
The affiant further says that he has nc
recollection of events occurring immediate.
ly before or shortly after having fit, MOI
of what he does or what transpires while
he is intoxicated. On such occasions he
has no control of himself, and has been
told of things that have occurred while in
l
recollection of, nor did he believe they did
occur. AT his trial he testified, to the best
of his recollection, of events occurring OF
the day and night that Mark Feeney was
found dead. He had no bard feelings
against Feeney, and had no cause to hurt
or modest him. He would not think of do
ing such thing, nor would he do such q
thing if in his right mind and able to con.
troll himself. On that day and night hs
was drinking, and is informed that he was
badly under the influence of liquor. He
has not the slightest recollection, be says
of having had any alteration with, assault,
upon, or drowning of. Mark Feeney, MOI
does he believe he did drown him. But
if he did, he was not sane at the time; be
did not know what he was doing, anC
could not control himself.
INSANITY IN THE FAMILY.
The next affidavit read was that of Free.
mans mother, Mrs. E. A. Currey. She
states that the defendant is now q years Of
age and during all of his life he has either
lived with her or in the immediate neigh
borhood, so that she saw him almost daily
Her father, the defendants grandfather
James Baxter, was a very hard drinking
man, and when under the influence Of
liquor was a quarrelsome, dangerous and
abusive man. He was subject to spasms
rash of blood to the head and fits. He
would frequently fall in fits, and in 1886
in Humboldt county. died in one of these
fits. Mary Ann Freeman, the defendants
sister, was also subject to fits, caused by
rush of blood to the head, and died at the
age of IA years in such fit. John Free.
man, the defendants brother, has beer
troubled in the same way all his life, and
Robert Baxter, the defendants uncle. Also
as many as eight cousins Of the defendant
have died in fits. His grandfather oncs
attempted suicide by cutting his throat an6
cousin named Emily Watkins was insane
for several years.
The defendant, continues Mrs. Freeman
in her affidavit, in his normal condition ID
aquiet, peaceable, affectionate and kindly
disposed man. When about 10 years Of
age he became subject to fits, and since
that time has had them frequently. HI
is subject to rush of blood to the head, anG
all his life has complained of pains in the
head. Before and after these fits he be
comes and acts like mailman, seem.
crazy, and will strike and savagely attach
any one, even his best friend, if touched o.
approached by them. On such occasions
Mrs. Freeman says, she is satisfied be il
onA mi