The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-07-23
THE ALICE MITCHELL CASE.
BER COUNSEL PRA CTICALLY ABANDON
THE HYPOTHETICAL CiSE

Every Position They Took VIII Have to be
DeNsded-An Effort to show that She
Dlsiikea Yousg Ne. IL Not Successful.
MEMPHIS, July 22.-When court adjourned
yesterday counsel In tho Mitchell case were
arguing the question Of the admission OF the
hypothetical case and the expert m edical tes-
timony based on It, In evidence. Tho States
attorney objected on the ground that the
proof so far did not sustain the hypothesis.
Judge Dubose thought tho objection we'll
taken. The defence then proposed to have
tho hypothetical case and tho dispositions Of
the experts read to the jury. with the under
| standing that proof to sustain the hypothesis
would he forthcoming, or else the Judge could
point out to the Jury In his charge to what ex-
tent the opinions were weakened BY failure to
prove the hypothesis. The Attorney General
did not want the Jury to be impressed with the
opinions In this way. and Judge Dubose init
mated that unless the hypothesis were proven
he might bar tho dispositions. This led coun-
sci for the defendant to withdraw the medical
| opinions for the present. and has caused the
lcngthening of the case by introducing testi-
mony to support every position assumed in
the hypothetical case.
In pursuance OF this decision. counsel intro
duced brother OF Lille Johnson to prove
that young men who visited Alice thought her
mentally unsound. but they did not succeed
very we'll On one occasion no wanted to in
troduce her to some young men at n picnic.
and she declined. being content to rest at ease
In hammock. On another he introduced
young man to her and she only spoke two or
three words to him. At oss-examination it
developed that she was about to get into her
buggy when johnson and his friend came
along and deferred her departure five minutes
because of the introduction. The third and
list regularity g, WAS that she never had much
they werc on pretty good terms. inasmuch as
Alice had her mall sent to his office. and. with
PENDANT. was put ON the stand to prove thot
This was one Of the allegations on the hypo.
thetical case heretofore not Sustained IN the
Hf ~ The ss OF all s
shovel greater sensibiIity q the hamiiatios
William Ii. ,voIkmar Of Goldalst BROTHER;
girls, sister. both states witnesses. we're
by the nS T the
with. as Mr. I"iIman Expressed s It. you Young
wSSn sS wrote q sussest h
men. ST. vSIkmar's testimony " developed
girls under assumed names Several letters
to Freda were intescepted nv written ostensibly
W one TEou MyTb NaIu. lneb0 u9tAll6u inc
writer's purpose Of going to Europe. and the
last letter was mailed from New York. stating
that the writer was Ill. Then came Aletter from
Alice signed in her own name announcing
the death OF Freda Myra Ward. Freda grieved
apparently at this. and Mr. and Mrs. Volkmar
really supposed she had a friend OF that name.
until one day letter came from Chicago an
bouncing the return to life OF Freds Myra
Ward. 1t was written at Memphis by Alice
Mitche II. and sent to Chicago to be mailed.
The friend in Chicago in mailing it enclosed
the slip OF paper asking him to do so in these
words:
Please mail this letter for me and accept
my thanks for your Kindness II not please
destroy this.)"
Mr.. yolkmar said one day a ball was thrown
over fonce and AL Ice. regardless OF the disar-
rangement OF her clothing. cambered over the
fence In the presence Of a lot OF men. He then
told his wife the quicker she got rid Of her
Insanity experts have had pictures taken OF
Alice, Mitchelrs eye. claiming the full eyeball
showing when in repose is sure sign OF in
sanity. II is also claimed that the shape OF tho
blunted finger nail is indicative OF murderous
instincts. Dir. Calender, physician in charge
OF the insane asylum In Nashville. arrived to-
day to testif ~ in the great case. When Addie
Mitchell and Miss Ward were convulsed with
weeping in court to-day. Alice Mitchell looked
on with the Indifference of an ordinary specta-
tor.