The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-07-26
THE ALICE MITCHELL CASE.
A TECHNICAL POINT BIZ WHICH THE
yUDGE WORRIED THE LAWYERa

MI, Thought that De Post Fscte Testimony
was Inappiieabie La the Case snd Gave
the Counsel Tor the Defssee q Fright
Yielded the Point After Long Arzuue.t.
MEMPHIS. July 25.-In the Alice Mitchell
case to-day the defence introduced tho beat
witness 1t has yet had In DR.. B. +. Turner. He
IA young physician Of only two years actual
practice, used no ur-syllable technical words
10 bother tho jury. but detailed his interviews
with the defendant and his opinions. giving
Illustrations in support OF his theory in simple
language This gave his testimony double
strcngth. He was subjected to o rigid and
.iresome cross examination. but the Attorney
General did not succeed In perceptibly weak
ening his testimony. Judge Dubose. how
ever took hand and raised a question
which would have most seriously embar-
raised tho defeace had he finally ruled on II as
he intmated no was going to, The theory
of the defence has been that Alice Mitchells
insanity was inherited. and the violent form It
finally assumed was latent until aroused by
an unusual cause. such as the separation from
Freda Ward Both before and since the muir.
der she has been sane In every point but ono.
namely. her abnormal affection for Freda
Ward. and strong point has been made be-
cause she has not shown any remorse for her
decd Again. all Of the facts relative to the
proposed copement. such as the ARRANGEMENT
to have tho Rev. Dr. Patterson perform the
marriage ceremony, were not learned until
after the murder, and then only from tho lips
These things, set down in the hypothetical
case. cannot 10 proved except b the de post
not proven, the opinions based on the hy-
ppthetcal case are valueless. Besides. the
physicians who have testified orally have based
tler opinions very largely on the utterances
In his testimony to-day DR.. Turner let It
ii, ,hno la, tv,fn ~
That wSua faoW VIM INSTANTLY e Judge Buboss
al his 'rstony was insdm ssSle. s snn.
por, Vt this he read from the law, books what
~" knTwn as The North Carolina cases In
;"ra n Of the defendant or opinions Of SAM
i cory cling that the defendant was open to
tls ririor Of making evidence for himself.
f tss %esS p Snd fssa
'Ho.sInotad. The latter we're criminal trials.
ton "t the defendant entirely ind psndent Of
"!;"msnt, c%nsnming Ialtth session. to con-
~, he ilnally yielded to conviction and adj
DR.. Turner testified to having long inter-
view with Alice: in which she said there was
resembling. paransia. On all, other subjects
she was rational. She could discuss the MUIR
der and the events preceding and succeeding
It without the slightest show Of emotion. but
when the subject OF her love for Freda was In.
trpduchd mt once her lip quvcred and her eyes
filled with tears He pronounced her insane.
and incurably 30.
Lille Johnson was recalled BY the defence to
prove certain allegations in the hypothetical
case. She testified that on the visit OF herself
and Alice to Gold Dust. Alice told Freda that
she was ashame ed to be seen kissing and hug
loved her she would not be ashamed to be seen
kissing her: The witness ingeniously en-
crininate flirting made against her and Alice
IN tho testimony Of Mr.: Volkmar. and Miss
Ward. She said that she was told by Mrs.
that came along. or else they would be angry
and not trade at Mr.. Volkmar's store. Lille
never fiirted and did not like to speak to every
man that came along. She did It only in the
interest OF Mr. Volkmar's business: Then the