Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-02-28

JUSTICE HAGNER DELIVERS THE OPINION WHICH
IsA LENGTHY AND EXHAUSTIVE ONE, Re-
VIEWING THE TESTIMONY cAREruLLY-Bur
TWO COURSES Sow LEFT TO STAY THE Exc
cUrIoS.
Nothing now remains between Howard J..
Schneider and death on the scaffold but an ap-
peal to the United States Supreme Court or
one to the mercy of the President, for the
Court in General Term this morning decided
that the condemned man is not insane, and that
the law must take its dreaded course.
The decision of the court (Chief Justice
Bingham and Justices Cox and Hagner) was
delivered by Judge Hagner before throng
which crowded the court room to
its utmost capacity. The opinion was
quite lengthy and exhaustive
one. quotations from the testimony of the
numerous witnesses on both sides forming
the greater part of it, and received the
greatest possible attention. although the find
ing of the court. as intimated in
The STAR last week, was the one which
was generally expected. IL was also a decision
which gave undoubted satisfaction. Schneider
represented by Mr.. Vim. F. Mattingly and
the government by Assistant District Attorney
Chas. H. Armes.
BUT TWO COURSES REMAIN.
As stated in The STAR several days ago, but
two courses now remain open to the condemned
men, a writ of error to the United States Su-
preme Court, which must allege the violation
during his trial before the Criminal Court of
some constitutional right, or appeal to execu-
tive clemency, and it is believed that the first
Will be promptly resorted to. Schrelder's
execution is set for the 18th Of next month, but
the suing out of writ of error to the Supreme
Court would stay the execution until after that
court had finally disposed of the 1t is
doubtful if the court. decision could be rendered
before next fall. although the government
would undoubtedly ask that it be so advanced
that decision might be rendered before the
adjournment of the court. in Nav next. An
adverse decision by the court would undoubt-
edly be followed by an appeal to executive
clemency.
NO IDEA OF INSANITY UNTIL NEW TRIAL WAS
REFUSED.
Judge Hagner said. after reciting the history
Of the case. that nothing had been said about
the alleged insanity of the prisoner until after
the decision of the Court in General Term had
denied the man new trial. Judge Hagner
then outlined the subsequent proceedings and
said that the utmost impartiality had been I'M
pressed upon the commission by the court. He
stated that both in ancient and modern history
numerous instances of feigned insanity as an
escape from punishment were found. The
change from the well-dressed man dur
ing the trial to the one Schneider presented
after conviction and sentence was not in itself
evidence of insanity. nor was the supposed re-
fusal to take food. especially when it was shown
that the prisoner did take food. Counsel for
the defense had dwelt upon the loss of sleep by
the man, but that was a condition not unex-
pected nor unnatural in the case OF a man guilty
of so horrible crime. Even DR.. McWillams
had not thought it necessary to prescribe Sleep
producing drugs. The mans alleged decisions
depended alone upon what he himself had told
others. His testimony on the stand had been a
coherent and intelligent statement, the jury
had not believed it, and the court conducting
the inquiry saw no reason for believing his
stories of his alleged decisions.
THE WITNESSES FOR THE DEFENSE.
Judge Hagner then briefly discussed the tes-
timony for the defense given by the officers of
the Jail and the prisoners there who had OBJ
served Schneider, and remarked that it was a
most significant fact that the man was greatly
relieved when he learned of the death of his
wife, who. had she survived, would have made
damaging witness against him. While the
majority Of these witnesses had doubted the
prisoners sanity they had given no really sub
stantial reasons fer SO believing.
The testimony of the lay witnesses for the
government was next discussed. and their tes-
uimony was undoubtedly more substantial and
clear than that offered through the same class
Of witnesses introduced by the defense.
REALIZED HIS POSITION.
That Schneider truly realized his position
during the time subsequent to his conviction
could not well be doubted in view Of the testi-
mony of witnesses for the government.
who testified that the prisoner had
said that in making an attack on
the district attorney he had made a mis-
take; that he had recognized persons whom he
had not seen for several years. that he had
planned why he was in Jail; that he inquired
what was the state Of public sentiment
in respect TO him and what had
the Court in General Term decided in his case:
that ne had said that his case would be taken to
the highest court; that be had said to a friend
that he was feigninS insanity and many other
similar things which closely indicated the
ability to reason, and left no doubt that he
, truly realized his present position.
The inquiry. remarked Judge Hagner. was
one Of the greatest interest and OF no little
difficulty. Ii Was to test the mind by the only
possible agent-another mind, for no other
thing was of high enough grade to serve the
purpose.
HIS METHOD OF FEIGNING.
Judge Hagner said that the noisy, violent
malingering easy of detection had not been
/ attempted by Schneider. On the other
hand. he had attempted tine dull,
quiet form, which only open
to detection by experts. In attempting the
latter form the prisoner had before him all his
life the condition. Of his father. and the man
had cunningly feigned the symptoms OF his un-
fortunate father.
In conclusion, Judge Hagner said that no
| jury i'll the world would declare the prisoner
insane on the evidence adduced at the inquiry.
Eccentricities did not form insanity. Nor
did cruel wickeduess. II they did no
community would be safe. In reaching
their conclusion the court had given lust
weight to the opinion Of the three experts who
testified on behalf of the prisoner. Those ex-
! perts admitted that the case presented was an
exceptional one, and that i. lacked many symp-
toms which invariably found in
the form OF the insanity which they
believed the man TO suffer. The court before
it could nullify the action of the trial court
was compelled to find the prisoner 20 be
actually insane and to be wholly unconscious
! of his situation
WILL NOT INTERFERE.
The court did not feel justified in assuming
the case to be SO wholly an exceptional one as to
be incapable of explanation. especially as the
court believed that the alleged decisions of the
prisoner were all feigned for purpose. The
court therefore declined to in terferc by decid-
ing the prisoner to be insane, and the Law
! would be left TO take It's course.
FIRE was discovered in a pile of paper
under tine stairs o: li2 street southeast yester-
day, which was vacant. and il was extinyuished
with little loss.
I'm n L mill Il al;