The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-07-02
ScHWARz PLEADS INSANITY.
HIS TRIAL REAssIGNED By THE
COURT FOR JULY IG.

COURT FOR JULY IG.
The Solicitor General Asked a Con-
tinuance, when the Special Plea
Was Sprung-Mr. duBignOn OBJ
jected. Hut Was OverruIed-The Is
sue of Insanity to he First Tried
by Special Jury-If He Is FOund
Crazy He VIII Go 10 the Lunatic
Asylum.
The trial OF William Schwarz charged
with the murder of Agnes McKnigh.
last Christmas day. was assigned for yes
terday in the superior court. but owing
to the fact that a special plea Of insar-
ity was filed by the attorneys for the de-
PENDANT, the hearing was continued on
melton of Solicitor General Fraser until
July 16.
When the case was called up for trial
the plea was read as follows, by Hon. f.
C. duBignon. one of schwarz's attorneys;
Chatham superior court June term,
1895. State of Georgia VS.. William
schwarz. Now come F. G. duBignon and
W. E. Morrison, attorneys-at-law, for the
accused, William schwarz. in the above
stated case, and having heard the bill Of
indictment read, and not admitting that
the accused is guilty of any of the things
or matters charged therein. and for spec
iaI plea to said bill of indictment sayeth:
That the accused, William Schwarz, at
the time of the commission of the alleged
offense was not of sound mind, memory
and discretion and was, in fact, afflicted
with insanity; furthermore, that the ac-
cused, William Schwarz, since that time
and now at the time of this trial Is not Of
sound mind, memory and discretion, and
is, in fact afflicted with insanity and as
such should not be put on trial for any
of the things or matters charged in the
said bill Of indictment.
L. G.. duBignon and
w. Z. Morrison,
Attorneys for Accused.
Solicitor General Fraser was apparently
| surprised by the filing of this plea, for
although he had had some intimation that
such was the ground on which the de-
Tense would rest its case, he had been
given no notice that a special plea Of
this nature would be filed.
| He stated to the court that he had not
been notified that the defendant would
| file such plea, and consequently, was
not ready to go to trial with the case,
| as he had not been given any opportunity
to secure any evidence on that line for the
| state. He stated that he did not antici-
pate 1t and was not prepared TO meet 1t.
He asked, therefore, for a continuance of
the case.
Mr.. duBignon resisted the motion for a
| continuance on the ground that there was
no rule requiring him to give the state
any notice of what the defense would be,
and when the solicitor general announced
ready Mr.. duBignon held that he did SO
for all the purposes of the trial.
The matter, however, rested in the dis
erection of the court, and Judge Falligant
overruled Mr.. duBignon's objections and
reassigned the case for July 10.
This is the first time special plea of
insanity of this nature has ever been
| filed in case In this county. There have
been cases where the defense was based
on alleged insanity, but they were such
as were tried under a plea of not guilty.
A man can get the benefit of the defense
of alleged insanity under a general plea
of not guilty, and if the jury believes
him insane at the time the deed was COM
mitted it would release him. But 1t is
stated that II was not the desire of the
relatives of the defendant to have the
trial conducted in this way for the rea-
son that it is believed that Sehwarz is
not a proper person to be allowed at lib
erty. Therefore the other course was
adopted.
Under the special plea of insanity the
case is tried before a jury specially Sc
lected from one of the regular panels
of forty-eight jurors as the court may
provide under the law, and the issue
tried before this jury is as to whether the
defendant was or was not of sound mind
at the time of the killing. and whether
or not he is of sound mind at the time
of the trial II ii is found that he is not
of sound mind and was not at the time
of the killing, he is committed to the
lunatic asylum until fully recovered. If,
however, the jury should not sustain tho
plea, and should find that the defendant
was of sound mind and memory, the case
would then go regularly to trial, just as
other criminal cases. The issue before
the court on July 16 will be on this spe-
cial plea of insanity, and 1t will depend
on the verdict of that jury whether
Schwarz shall go to the state lunatic
asylum or be tried for murder.
The prisoner appeared in court yester-
day and sat near his attorneys He was
apparently Indifferent to all that was GO
ing on around him, and his only anxiety
appears to be to get out of jail where he
has been for the last six months. With
him were Maj. John Schwarz, Mr.. William
P. bowling and other friends of the
family.
Many of the witnesses for the defense.
who were present yesterday, were physi-
clans, the object being, no doubt to prove
by them that Schwarz is insane. One of
the witnesses called, DR.. f. d. Bloodworth.
did not respond to his name when it was
called and he was sent for 1t was found
that he could attend court if needed, but
the case having taken the turn it did, none
of the witnesses were needed.
The charge against young Schwarz is
numbering a negro woman named Agnes
Mcknight, in the lower part of Yama-
| craW about midnight of the NIGHT Of mo-
"a. Schwarz had had a quarrel with her
according to the evidence, and afterward
got pistol and shot her. He was arrested
a few hours afterward and has-since been
confined in jail, and under indictment or
that charge.
Everywhere We Go