Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1892-04-24
and the prosecution; yet after death an
examination Of his brain showed

be also cited the Kline case. in New
York City, as affording further Illus
tration Of his theory that the most COM
plicated crimes were planned and con-
/ sumated By men with diseased
minds. Other cases were referred
TO, calculated to hear out the theory OF
insanity,and in this connection he set up
/ the claim that a man might very easily
remember facts, dates, details and cir
cumstances with preciseDeSs and clear
ness after an insane impulse had passed
away. He cited from Gray's medical
Jurisprudence, DIR: Connolley, and others
/ to substantiate his argument, and
quoted statements to the effect that
even after an acute attack OF insanity
a man might be able to recollect with
clearness, and to act with intelligence
and shrewdness. He said the State
would argue to the contrary, out ne
urged the jury that it ought not 10
weigh heavily against the conclusions
/ OF experts on insanity.
''Mr. Howard will tell you that, for
convenience, this man became insane,
/ and that afterwards he was able 10
come in here and tell facts and events
and circumstances with precision and
! clearness. Discard that theory, gentle
men. II is untenable."
He contended that
THE VERY ATRocIrY OF THE CRIME
proved insanity. The wounding Of the
girl, Katie Yoho, after the killing OF
his wife. illustrated the workings OF an
insane and irresponsible mind. The
evidence proved that, like the insane
brute that he was, he had bounced upon
his victim, and shot her TO death, "iike
the eagle or the hawk pounces
upon its prey, like brute upon his
victim, like a bulldog upon the object
! of its attack" ''Did he flee
like a murderer, after he extinguish-
ed that life, knowing that the first shot
would arouse that thickly populated
/ community? No! But he stayed there
/ by that bedside, like the savage brute
like the irresponsible, insane brute
that he is-and lighted two matches, and
fred shot after shot into that dead body.
Is that the act OF sane murderer; or
the act Of an insane monster? de dld
not flee upon the commission or the
crime, but be waits, and waits, and
waits. while he lights two
matches and fires three I'M
Necessary shots! And more! After
that, instead of then fleeing quietly in
the night, that little girl, without whom
the State could not have made its case,
testified that upon the sidewalk, where
all could hear him, and where his neigh
bors could recognize his voice, he cried
Murdern 'Murderr Would a sane
man. committing such heinous crime,
do that?"
Referring to the return of Maier to
the city, he claimed that IL was strictly
true Mailer did not know his wife was
dead. Notwithstanding he had shot his
wife in the dark, and then made a
light and shot her three times more
and saw she was dead, still he did not
know IL,
FOR HE KNEW NOTHING.
II was only when the returning glim-
merings Of sense recalled to his mind
the tragedy, that he came back, not
knowing lust what had occurred, TO as
certain whether death had followed his
insane attack. The speaker also
thought the return of Maier to hostile
community, where he stood good
chance. not o My OF a judicial hanging,
but OF being strung up to the first tele-
graph pole by an indignant populace,
was also evidence OF insanity.
He referred to many Of Maier's pecu'
liaritiss, and the wound upon his head
and the hereditary tendency to insanity,
and concluded from them all that the
accused was not to be held accountable
for his acts. He dwelt upon the stolid
Indifference of the murderer when he
visited, with the jury, the room In
which the crime was committed, and
claimed that mo man had seen an eye
twinkle. or nerve twitch, or
muscle shaken in that fool! No sane man
could thus revisit the scene OF so hor-
rible a crime, and act as he did.
= say without fear,
that il he was not insane
at the time OF the commission OF that
crime. he is hopelessly insane now!
Look at that glaring eyel Look at
those emaciated features! Look at that
skin! All, as the books say, indicating
insanity! And let me stop, gentlemen,
to read what the books say about such
indications"
Mr.. Coniff read extracts from works
on insanity. noting the peculiarittes OF
those mentally unbalanced, applying
the facts there set down to the case at
bar with force and effectiveness. He
argued that insane men always acted
without q motive, and said: Gentle
men. what motive had this man TO COM
NIT this crime? l have not time, gen
tlemen, to answer that question. TAKE
il TO the jury room with you'll"
Mr.. COniff concluded at halt-past ten
o'clock. with a strong and eloquent APP
peal to the jury for mercy, and urged
them TO beware OF taking the life Of
A MENTALLY IRRESPONSIBLE MAN.
"This case closes with sad, sad
spectacle! There he is, alone! alone!
There is no father, no mother, no sister,
no brother, standing around, looking
with anxious eyes upon you for smile
of announcement or frown indicating
despsir. He is here alone, with his
father and mother in q distant land,
not knowing that their son is here on
trial for his life, and unconscious that a
iury of Americans, in land where just
ice reignS, is about to say whether or
not be must die. Gentlemen, his death
will not give back the lives OF the dead.
Do not go from this case with the
thought haunting you that you have
taken a step not warranted. Let me,
in taking farewell of you, ask you TO
pause. and not let il 60 down into his
tory that jury of Americans took a
mad-man for murderer. Gentlemen,
l have done; l thank you"
At the conclusion Of Mr.. Conf ifs
speech. the jury took short recess,
and N fifteen minutes Of u Mr. Howard