Evening star. [volume] (Washington, D.C.) 1854-1972, 1893-01-14

DER TO BE BRoCGHr INTO COURT MKT MONDAY
In the Criminal Court. before Justice Nc
Comas today, an application for the postpone
ment of the sentence Of death on Howard J.
Schneider fixed for Friday next was fled BY hi.
counsel
The motion is as follows: Come now J. NJ
Wilson, A. A. Hoehling and VIM. r. Mat
tingly, attorneys for the defendant, Howard J.
formed and believe. and do believe that the said
defendant, Howard J. Schneider. now under
sentence Of death. and 10 be executed under
the Judgment of the court on the 10th day
OF January, A. ID. 1893. is now insane: apd they
submit herewith the affidavit OF DIR. Alexander
McWilliams, the physician at the United States
jail In the District Of Columbia. who has visited
him as physician, his said affidavit sets
forth, and the communication OF the warden
OF the jail, Jerome b. Burke, which is also
herewith submitted.
And they now move the court TO enter an
order postponing time of execution. and that
the court take such action and institute such
inquiry. according to such methods the
court may adopt, for the purpose OF ascertain
ing the mental condition Of the defendant,
Howard j. Schneider.
DIR. N WILLIAMS AFFIDAVIT.
The affidavit of. DIR. Mcwilliams made on the
18th states that be has had opportunity 20 OBJ
serve him for nearly year, and SAYS: "His
mental condition has gradually become moro
and more impaired and in my opinion he is I'M
doubtedly insane. At the jail have
had frequent occasions TO observe and detect
cases of malingering. and am satisfied that he is
not shamming. He is suffering from various delu-
sions. L do not believe that be has any compre-
hension or appreciation of his position ss a
condemned man, although have heard he has
been informed Of the decision against him of
MS 4 bal, n. A..
sponsible being and unquestionably insane"
q WARDEN BuRKE's LETTER TO SCHNEIDER.
The letter Of Warden Burke is the same date,
and he says: Various things connected with
this subject have been noticed by me from time
me by employees at the Jail which l
believe TO be true, and among them
are his persistent refusal to eat the food pre-
pared at the jail. under the spprehensio that
some one is endeavoring TO poison him; his re-
fusal TO permit his hair to be cut and TO be
shaved because of the fear that his throat will
be cut; he constantly asserts that something
is being thrown over him or poured over him
for the purpose Of injuring him. assertin that
1t is some kind of acid: he asserts that persons
come into his cell in the night TO injure him
and thereby he is prevented from having sleep:
that his sleep at night is broken and irregular
he at all times is reticent and moody
and apparently does not recognize
persons who are well known to him; his look
and manner is that of mental vacuity; he rarely
speaks except when Intercepted and
then bis answers are not responsive,
but he speaks Of matters that have
no existence in fact. such as / have above
stated; and while it is difficult to state his
ner and actions and conversations in detail the
foregoing are illustrations of what I have OBJ
served and what has been reported to me.
He appears to have become very much ema-
ciated. For months. as reported TO me. he has
eaten barely sufficient TO keep him alive. His
aimless ways. his vacant stare and his indiffer-
erence TO all that is passing about him. to-
gether with such facts rs | have above indi-
Gated. have strongly impressed me. and he
seems to me TO be in a condition of mental ap-
athv."
Mr. Mattingly, after reading the papers, said
| that he understood that the government would
make no objection and suggested a postpone
ment for sixty days to make this inquiry.
THE PRISONER TO DE BROUGHT INTO COURT.
District Attorney Cole said that he had been
apprised that some such application would be
made and there being statute providing for
such inquiry. He, however, suggested that Al
the prisoner was not present the order should
not now be made.
Justice McComas then directed that the 'pris-
oner be brought up on Monday morning, wher
the order will be made.
Justice McComas took the matter under
| Amusement.
Motions for a new trial and an arrest o,
Judgment were then argued and overruled, and
| thirty DAYS were given TO prepare bill Of ex-
ceptions, the sentence being postponed.