The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1893-09-29

oorary insanity-chronic alcoholism
The prosecution would argue that the.
had proved that Hansen had acted al
perfectly rational man both befor,
and after the crime had been commit
ted. The prosecution had done nothing
Of the sort. Their own witnesses hat
sworn that Hansen had laughed ant
cried at the same time; that he haC
acted as a man Of iron and as little
child in turns; that he had been super,
humanity calm, and then terribly agi
tated.
Mr.. Fulton concluded by begging Of
ths jury that 1t should act calmly aia
disaassicuat tely, without allowing out.
side inf 1ces to swerve them, but sim
ply loo'.ing at the merits of the case
and all ng nothing but absolute jus
tice to their guide, He asked no
sympat, but urged their solemn and
candid judgment. With that he would
be content and satisfied
Mr.. F. d. Winton, on behalf of the
prosecution, then addressed the jury.
Eiia address consisted mainly of very
strong argument against the plea of
temporary insanity, and against the
probability of Hansens ever having
been insane, Dementia was an entire
wasting of the intellectual power of
the mind. The jury had had medical
testimony to show that 9, man who
was a victim Of the hypothetical symp-
toms enunciated by Mr.. Fulton would
ha7 no knowledge of what he had
dor when in that condition, after he
ha0 recovered from 1t. Dr. Baker had
testified that q man in that condition
could not recover from it for two OF
three years. Mr.. Winton then review
ed the testimony, the wording Of the
confession, the acts of Hansen during
the time of the coroners inquest, and
the evidence of the nelghbors. He
closed by asking the jury to weigh the
facts, to give their verdict with the
knowledge that justice would have to
be metz to the dead as we'll as to
the livIiess. nlb above all to do their
duty al zen,
Judgi then charged the jury
The do x ,,..s acp,ised of murder
in tAeS 9 Sssstt ,ould ld.t',, be nsees, ss,..
nroyeS n%l : ~, y5s aarged sTpit in Atbe tbe
indictment wagery gus by tn, pris-
onas There q M I possi-
bic, any one u which might be brought
in by the jury. They were as follows;
Murder in the first degree murder in
the second degree, manslaughter not
guilty (by reason of insapityl and not
guilty. The defense of insanity was
one that the defendant had q perfect
ly legal and moral right to avail him
self of, If he could prove it. The bur-
den of proof lay with him, and If the
jury were not certain whether Hansen
had been insane or not at the time of
the crime, the benefit of the doubt
should be given to the state, The bur-
den of proof of insanity rested with the
defendant. The law presumed every
man sane and sober until he proved
otherwise without q reasonable doubt,
If the jury found that Hansen at the
time Of the tragedy was too drunk to
premeditate the crime, the ycould not
find the prisoner guilty of murder in
the first degree. The prisoner had the
right of benefit of reasonable doubt
in every statement Of the case. Not
a presumptive doubt, or doubt con-
jured up by sympathy, but an honest,
legitimate doubt. "The jury" contin-
ued his honor 'shall not construe any
portion of this charge to be an express
sion of the court upon the merits Of
the case, and you must not allow either
sympathy or prejudice to enter into
cur deliberations. With the conse-
quences of your verdict you have MOTH
ing whatever to do. You shall allow
no appeals to swerve you from your
sworn duty, but your verdict must be
given from the highest sense Of JUS
tice and the merits of the case. /
feel assured from the patience with
which you have listened to this case,
that you will do this"
The jury retired to consider the ver-
dict at 1890 p. m, and just before mid
night, announced that It had reached
a decision. There were not more than
forty people present when Clerk Of
Court Trenchard announced the ver4
dict, guilty as charged in the indlct-
m ent."
The prisoner heard the result with
stolidity and did not break down, as
he had done two or three times during
the evening
Judge Mcbride announced his inten-
ton Of passing sentence next wednes-
day. Fulton Bros. will move for new
trial at that time, and, failing in that,
will probably appeal the case.
TWO OREGON PosToTFIcEs.