The record-union., 1892-10-18
EXPERTS ON INSANITY.
A Stockton Doctor Disagrees With
Others Regarding Palmer
He Thinks the Defendant Was Sane
When He Killed Phleeer-
Other Evidence.

Inc lTlat OF II. y. rainier, cHaTReu Will
the murder Of Charles Phleger, was re-
sumed in the Superior Court yesterday
forenoon. The usual large throng of
spectators was in attendance, but the
testimony was not so interesting as on
previous days of the trial. A doctor was
put on the stand after two or three wit
nesses gave some corroborative evidence,
and he was not released until evening. His
testimony was of the expert class and OF
so technical nature that many could not
comprehend what he was talking about.
PALMER WAS NERVOUS.
The first witness called was Miss Mollle
Austin of Knights Landing. She Is the
young woman who went into mysteries
the day the tragedy took place, and tried
to commit suicide.
The wife OF the defendant and her little
child left the courtroom when Miss
Austin took the stand.
Miss Austin testified that she had
known Palmer for four years prior to
the homicide. She was in Sacramento
at the time Palmer shot Phleger. She
stopped at the Central House the night
prior to the shooting. Palmer stopped
there also. He got up on the morning
OF the shooting about O'Clock. Palmer
A6luIuS W tic lOlGA db ~ " SAOShs AAC
appeared to be very nervous and excited.
She was on familiar terms with Mr..
Palmer and had talked with him about
his getting divorce from his wife.
Patrick Kelly testified that he saw
Palmer in his saloon on l street the day
before the shooting. He was in the read
ing-room and talked with him on Vari-
.ous subjects. lie appeared perfectly ra-
tional. ON the following morning he saw
him on Sixth street and conversed with
him. He acted as he usually did. He
said he was going over to \ olo County
that day. Witness saw him later at about
8 o'clock going to c. I. Jones' office.
There was nothing unusual in his walk
or appearance.
EXPERT EVIDENCE.
DIR. A. w. Hoishold, who is connected
with the Stockton Insane Asylum, was
then called by the prosecution. When
asked from what institution he had grad
mated the doctor replied, Il have COM
pleted a course in the Cooper Institute of
San Francisco and the University of
heidelberg, Germany" He had charge
of 1000 insane persons at the present
time. From thirty TO forty subjects were
admitted each month.
District Attorney Ryan then read to the
witness the Hypothetical question pre-
pared by the prosecution. 1t was a very
lengthy composition and set forth all the
toms theory-and that is, that Palmer
was not insane when he fired the fatal
shot.
Attorney Hart, for the defense, objected
to the question, maintaining that 1t had
ignored all of the facts established by the
evidence introduced by the defense. He
declared that no hypothetical question
could be asked except where based upon
all the facts in the case.
Judge CARRIER held that the value of the
expert testimony must clearly depend
upon whether 1t was based upon all The
facts established in the case. He over
ruled the objection, however, holding
that it was entirely discretionary on the
part of the prosecution what they would
base their question on. If they desired
to gain the opinion of their witnesses
upon only part of the facts introduced
in the case they had the right to do so.
The prosecution decided to stand upon
the question propounded, and DR.. Hois-
hold answered that, in his opinion, the
facts alleged indicated the deliberate act Of
a sane man. There was motive for the
act, which was always absent in the case
ofinsanity.
THINKS HIM SANE.
Continuing, the doctor said he failed to
see anything indicating that Palmer was
insane when he did the shooting. A man
who is in the habit of drinking intoXi-
cants can have illusions, delusiOns and
hallucinations. The doctor gave de-
scription of paretic dementia. He said
there was nothing in Palmer's face, that
he could see, to indicate the disease. A
man afflicted with the malady would
never make the motions illustrated by
DR.. Martin when trying to touch the end
of his nose, and if Palmer was so far ad-
vanced with the disease as to be COM
PEELED to walk as Dr. Martin had shown,
the defendant would not have been able
to sit in positions he has occupied in the
courtroom. When a man is so bad as to
walk as DR.. Martin described his case is
hopeless, and witness would expect him
to die in about six months. The average
duration of the disease is two or three
years.
DIR. Hoishold was shown letters written
by Palmer shortly before the tragedy and
was asked if there was anything in them
indicating that the writer was OF unsound
mind. The doctor failed to find any signs
OF insanity in the epistles The doctor
was also shown letters written by Palmer
after the homicide, and could discover no
sign that the writer had been affected
with paresls.
The doctor offered to exhibit letters
written by persons afflicted with paretic
dementia, but General Hart objected and
was sustained.
on cross-examination the doctor said
that he did not think the expression OF
Palmer's countenance was different from
any mans would be who was on trial for
his life.
Recess.
BRIGHT LUNATICS.
DR.. Hoishold was recalled and further
cross-eXamined by Mr.. Hart in the after
noon. In answer to the latter's questions
he said that it was common thing for
insane people to read and write a great
deal and to have good memories. In fact,
many of them had extraordinary mem
ories. The fact that Palmer remembered
what he had done after the murder was
not an evidence that he was thoroughly
sane. Insane men often had motives
and committed crimes with deliberation
that they often planned them.
Then what have you left to base your
opinion upon, of the hypothetical ques-
tion?" asked MIR. Hart.
The doctor hesitated for some time and
then replied that he based his opinion
on the fact that Palmer had used bad
language when referring to Phleger in
the saloon shortly before the homicide.
But suppose we should show you that
be did not do any such thing, would that
change your opinion ," asked Mr.. Hart.
The doctor hesitated again, and finally
replied that be guessed it would change
his opinion. In answer to further ques-
tions. he said that the fact that DR.. Nichols
found Palmer suffering from cerebral
congestion would not change his opinion
regarding Palmer's mental condition
Cerebral congestion was a disease of the
brain, but did not denote insanity.
THE SYMPTOMS SIMILAR.
''Is it not true that cerebral congestion
is accompanied by nearly all Of the symp-
toms of acute mania ?" asked the at