The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-06-02
FALES, THE BOY MURDERER.
THE OFFENCE sAYs HE HAS AN HE
REDITARY faint OF INSANITY.


He. Not Insane In Any Ordinary sen.e.
and the Judge ssys Moral Insanity 10 No
peferce-what VIII the Jury Dot
Yesterday was the second day OF the trial OF
,he boy murderer. Robert Alden Fales. In
Newark. The State brought its case to close
and the defence began its testimony and ad-
yanced with 1t a considerable distance. 40 far
in fact that the case In all probability will 20
10 the Jury on Friday.
When the prosecution finished Il had proved
the crime both by the boys own frank md
voluntary confession. and by corroborating
testimony that was complete apparently with
out tho confession. 1t has shown that this boy
Of sixteen years had planned the murder two
weeks before no did 1t. that he had done 1t
with the utmost GOODNESS and deliberation
that within few minutes after his victim lay
dead he was IA unmoved and easy in outward
bearing rs though he had come from Sun
day school instead OF from crushing
in mans skull. chloroforming him.
and feeling with bloody hands in his
rockets for the money which was the
object OF the crime. The defence by M nble
argument from Judge Henry. had tried to ex-
cude the confession which the boy had mnde
to a criminal Justice. In tones moro calm than
II had been relating fishing adventure or
an athletic contest. ButJudge Depue decided
that the confession was admissible. and the
prosecutor read tho defendants clear and bold
account OF his own crime. Tho jury and the
SPECTATORS were moved and amazed. The de-
PENDANT sat tanning himself. with his face as
unmoved as though he had no interest In the
proceedings.
After the noon recess Frank A. Nc Dermitt who
sassocinted with Judge Henry in tho defence.
outlined the evidence for tho boy. TWAS plain
from his statement Of It that lawyers and OK
,erts alike are at sea as to what the meaning
of tho boys conduct is Mr.. McDermitt said he
proposed to prove that the boy was insane:
that no would show that the boys ancestors
rmo was ana ost has p es thu ans
Of E r rom wors held uT although the
Judge has not yet decided whether they will
BE anS 81 e e f THE D sSy series ii
well-known nicke! library. Dcadwood Dick
sa,road agent or highway Irobber whom the
daring robberies aud murders Is handsome.
brave, refined. and altogether admrrable., ,,.,
himself after doing many insane acts. and the
boy himself a fey weeks before the murder
b%gs hs OF lad Mhprea XII for
refusing to give her 30 cents Of his wages. Mr.:
McDermitt said he would ask for an acqmittal
murder in the second degree, us the State had
shown that he did not intend to kill. but only
1t was not exactly clear what the ATTORNEYS
for the defence did want for their client. And
express no opinion as to what the Jury will do
with the boy: No one thinks he ought to go
free, Few think he ought to be hanged. tSome
and wrong. but that his ideas have been
warped. others think he is insane. or. at
lenst, has no development Of the moral sense.
During the afternoon proceedings, which
Yere not hs striking in any essential particular
fence and the counsel , altadmi!ted that they
not set this up 1t is difficult to see what de-
fence they will have. One OF their first wit
nesse s , was the keS Dr. Grove, Judge Henry
defendant. and. despite the objections OF the
State. Judge Deppe allowed him to say that he
notced that the boy WEE an astonishing nj
no idea either Of the enormity OF his crime or
Of the dangerous position in which he stood"
Into psychological details because the witness
denied that he was an expert. The defence also
introduced administered sunday school teacher.
boy had always shown himself quiet. we'll be.
haved. and obedisnt. One OF the school teach
ers said that he was in matte and Goor
and made her. read her own records that the
grades Of is and 100. Emma smith. the giri
whom Fales drove around in a carriage the
day after the murder. SAID he had shown no
acted Just as he had acted twice before when
she had been out with him.
Thus far nothing has been shown that would
sense. He shows n mind OF prerocions acute
ness all bent upon yiciousness. without any
faculty that let's the judgment know when an
testimony to-day puts unexpected light upon
the case the jury will have hard work deciding
what to do with him.