Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1892-01-16

Il uPoh ttic bthnu ny nfS own attoTneyb,
proved the best witness the state could
possibly have found. His conduct and
conversation betrayed the fact that he
was not man Of average education and
Intelligence, but created lasting i'm
preston that he was shrewd and deep.
and one who might we'll be held re-
sponsible for his every act.
| Here the defense rested and the state
commenced the introduction OF the evil
dence which made more secure than
ever before the hold of the Law upon
Ben Lehman, the murderer.
As expert witnesses Drs. Fisher.
Taylor and Phipps were called to the
stand, and before the expression Of a
single opinion each qualified himself as
an expert in his knowledge of mental
disorders. Their testimony was in SUBJ
stance the same, and in each case was
based upon years ofexperience and sub
I stantiated by the most reliable OF medi-
cal authorities. They had examined
Lehman on different occasions, they
had acquainted themselves with every
fact that had bearing on his case, and
studied IL carefully and consciertiously y.
They had arrived at the same conclusion, n,
that he was human being in whom
the brutal nature and animal propensi-
ties had been abnormally developed
he was possessed Of his oddities and
peculiarities; in one sense was troubled
with mono-mania, just as ninety-nine
out of every hundred persons were
otherwise they believed his mind TO be
rnimpaired and perfectly clear. his brain
healthy,a and his own will the master Of
his every act. The evidence of these
three reputable physicians was given
without hesitation or contradiction. 1t
had the ring of truth, and carried con-
yiction to the minds of every hearer.
Sheriff w. s. Wood and his deputies,
Mack Wood, Oscar Palmer and II. n.
Ross, each Of whom has had Lehman
under his charge more or less of the
time during the past two and one
half vears, testified that he slept regu-
larly and soundly, that his appetite was
always good and his general health bet
ter than that Of the average man would
be during SO long period of confine-
ment. BY their testimony it was learn
ed that the prisoners irrational out
breaks were invariably made when
strangers were present, that when he
was alone or with the other inmates Of
the Jail he was quiet and tractable
They swore positively that they had
been unable to detect any change in his
conduct or condition since his second
trial in September, 1890, at which time
he was adjudged sane, and guilty Of
murder.
The prosecution resting. the defense
again called Drs. Van Buskirk and Sid
dons for the purpose of rebutting the
states evidence. These two physicians,
who the day before had sworn that Leh-
man was rapidly approaching o state of
helples idiocy, improved this opportun-
ity to retrench, and pronounced him a
mona-maniac. DR.. Maple, Of this city,
was also placed upon the stand. He
stated that he had never examined the
defendant, but that from his general ap-
pearance and conduct he judged him to
be suffering from mono-mania,
Lehman himself was recalled, a nd
an attempt made to show by his testi-
mony, that he had at one time been a
patient in the hospital for the insane at
st. Peters, MINI. II was, however, en-
tirely Intellectual. At this time, Tues
day noon, the taking of testimony was
concluded, and it was moved by the de
fense that without argument, the jury
be instructed by the court to find the
subject Of the inquisition insane, but the
motion was promptly ovsrrulcd by
Judge Gardner. At two o'clock, States
Attorney Porter opened the argum ent
and addressed the jury for an hour. In
the course Of his address he carefully
reviewed the evidence, selecting from
the chaotic mass the plain, unmistaka.
BILE facts, pruned them Of all sentiment
and superfcialness, and laid them be-
fore the jury with force and clearness.
He was followed by c. j Buell. for the
defense. The young gentleman indulg-
ed in one of his characteristic ebulli-
tians. Carefully avoiding anything in
the line Of evidence, he spent about
twenty minutes in abusing the people
of Custer, anu wound up with the an
nouncement that he wasn't "in it" for
the almighty dollar. but for glory.
Attorney B. r. Woods plea concluded
the argument of the case. Bob did
himself proud, winning for himself any
laurels that may belong to the defense.
but facts, cold, hard facts have more
weight with a jury oftwelve sensible,
practical men, than any flights of elo
quence, or pleas for mercy. The in
structions of the court were brief and to
the point, marked with that fairness
and impartiality which he showed in all
the proceedings Of the trial. The case
WAS given to the jury at 4:30 o'clock
Tuesday afternoon. The delib erations
of that body required but short time,
and when court convened for the even