Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-25
ONE CHANCE FOR LIFE.
Judge Ewing Gives Child-Murderer
Gerade Another Trial.
SOME DOUBT AS TO HIS SANITY.
The Court DislikeS to rass the Death Sen.
tence on the Man.
DISCUSSING HIS MENTAL CONDITION

Judge Ewing Yesterday handed down al
cpinien granting a new tlial to Franl
Gerade, who had been convicted of murde
in the first degree for the killing OF hi
p step-daughter Nearly three years ag
Gerade killed the child, whom he disliked
by picking her up by the feet and dashin!
her brains out against cradle.
His counsel made insanity the defense
A jury first passed on the question of hi
sanity and found him sane. He was ther
tried and convicted of murder in the frs
degree. The Supreme Court granted a new
trial on the error in the Judges charge. A
second time he was convicted of murder in
the first degree before Judge Ewing.
Eleven months ago another motion for 8
new trial was made and argued, and yester.
dav Judge Ewing handed down his decision
granting it. He rendered lengthy opin.
ion, reviewing the whole case. He first
discussed exceptions filed by counsel as to
the admission OF evidence and showed
that all evidence favorable to the prisoner
had been admitted. He said:
Fairness of the Court and Jury.
''On a review of the rulings on admission
of evidence it will be found that the Court
was very liberal in favor OF defendant
Next rs to the charge of the Court, the
charge cannot be read nor still more could
it have been heard without seeing that the
Court put the defendants evidence before
the jury in the most favorable light,
especially SO on the only point on which
there was room Tor any real contest. If
there was error In the charge it was on that
side, and In not calling attention to circuni-
stances in evidence tending to show the
prisoners sanity at the time of the killing
Unless the Court should directly express to
the jury an opinion that the weight of
testimony was in favor of the defense that
the prisoner was insane at the time of the
killing, it is difficult to see how he could
have more favorable trial.
Continuing, he commented on the excel
1ence of the jury and its fairness. He then
said: ''The testimony lett no reasonable
doubt that the defendant killed the child
the brutal manner of the killing lett no
room for doubt of it being willful, deliber-
ate premeditated murder if the defendant
was sane" Further, he said: "The yer-
dict necessarily includes a finding of the
sanity of the prisoner at the time of the
killing.
Gerade's Mental Health Was Poor.
weight or preponderance of evidence was in
favor of the defendant on that point, or at
least that his mental condition was such as
to prevent deliberation and premeditation
and thus reduce the degree. 1t was a oues-
tion for the jury-shall the finding be set
aside?'
Continuing, Judge Ewing reviewed the
former proceedings in the case and said:
'On hearing OF the motion for a new trial.
Judge Slagle, who presided at the first
trial, Judge Magee, who presided at the
second trial, and Judge McClung who heard
considerable part of the last trial, all sat
with me- On consultation each of them
says that be would not grant
ing that in this case where the
life of the prisoner is in question the
Judge who presided at the trial must take
the responsibility of granting or refusing
new trial. and that he should be satisfied OF
the legal guilt OF the prisoner before pass
ing sentence. Judge Ewing then referred
to the law on insanity which places the
burden of proof as to insanity at the time
of the killing on the defendant He said
the case had given him great anxiety, and
he had not only reviewed the testimony,
but had also read several of the most ap-
proved modern medical treatises on the
subject of insanity with special reference to
the facts of this case.
The Test Not thorough Enough
He added: ''The physicians who testified
as to the insanity of The prisoner either did
not maze IS through a test as to whether
or not The prisoner was feigning as they
mlgAt have done, or they did rot deem it
j poriant to inform the Court and Jury
thereof. Yet it seems impossible that q
man of the prisoners previous intelligence
and occupation should be shamming the
symptoms of acute or primary dementia,
which they say he had, or be able to deceive
so frequently and for so long a period
physicians of the experience and skill of
Drs. Chessrown, McCord, Wylie and Ayres
and also the keepers OF the prison, accus-
toned to seeing the actually insane and
those feigning insanity to escape punish
ment for crime"
Judge Ewing next reviewed the circum-
stances testified to as to Gerade's condition
before the killing and while in Jail since.
He said that on the trial the question arose
in his mind ii before the killing Gerade had
been sane, but sick. weak and irritable
That he in that condition, in a passion.
killed the child, and then seeing the hor-
ried consequences of his act, had from the
sudden shock aud reaction became at once
demented, j. e., without intellect, or will, or
mental power, whatsoever.
Believes the Prisoner Was Insane,
This impression, the Court said, was
greatly strengthened ON reading authorities
on the subject. He reviewed a number of
treatises on the subject. In conclusion ne
said his belief was that the preponderance
of testimony was that the defendant was in
sane Had he the power he would sentence
him to imprisonment for life, but he was
not willing, with his opinion as to the facts,
to sentence him to death. A concluding
sentence said that this opinion was written
over nine months ago, and after a full con-
he had been unable to come to a
different conclusion. 4 new trial would
therefore be granted.
Are You Yellow?
If so, of course you are bilious, which |
also implies that you have a dull pain and |