St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-02-21
INSANITY, INSANITY.
This Is the Evidence Erwin at


tempts. but Fails to Secure.
At this point Mr.. Erwin began the
struggle which engaged all of his en-
ergies throughout the day, the strug-
gle to hoodWink the court into admit
ting evidence relative to Adry's in
sanity" The first question which pre-
cipitated the legal wrangle was as fol-
lows:
O. Mrs Hayward, have you ever
known yourself of any insane persons
I i'll your family? A. 1 have known of
them by being told of them.
MIR Nye-That is objected to as in
competent, irrelevant and immaterial,
at least until it is shown that some
particular person connected with this
/ case was insane.
The Court-Well, at the present time
| it is l will sustain the objection. L
don't think any foundation has been
laid for it yet.
Mr.. Erwin am proceeding to lay
the foundation.
The Court-Well, that is not the
proper way to lay it.
| Mr.. Erwin-The whole question of in
| sanity is a question of personal his
tory
| The Court know it.
! Mr.. Erwin-And brings in issue when
| that question is raised
The Court-That question has not
been raised in this case yet, though.
Mr.. Erwin-Well. [ raise it, your
honor; am about to raise it now.
The Court-WelI, who is insane?
Mr.. Erwin am raising that ques-
ton to show that Adry Hayward acted
under delusion when he went to Mr..
Stewart, and at the time he testified,
testified truly under delusion.
The Court-The objection is sus-
! tanned.
Mr. Erwin-EXception noted.
@. You have heard family talk, have
you, of insane ancestry? A. Yes, sir.
@. On which side of your family
your fathers or mothers side, have
you heard talk in the family of insane
| ancestors?
Mr. Nye-Objected to as incompetent,
irrelevant and immaterial. l don't want
to be captious, but it seems to me evil
dence ought to be offered here that
Adry is insane-lay the foundation.
Mr. Erwin-Yes, sir; I am Offering it..
This is the only way it can be offered,
| Mr. Newell I don't think you can
| come to it in that way
| The Court-The objection is sustained.
Suppose he is insane: then what?
Mr.. Erwin-Then his credibility is in
issue before the jury.
The Court-So far as his competency
| to testify as a witness is concerned, it
| is for this court to determine; the court
| has decided once that he is competent
to testify, and there was no other evil
| dence tending to show his incom-
! potency except his appearance on the
| witness stand as a witness. There was
no offer at that time to prove that he
| was incompetent to testify as a wit
ness, and the rule OF law, as I under
| stand, is we'll established in this, that
| even an insane witness is competent to
| testify, that is, a witness who. is in
sane upon certain subjects, mono
maniacs, and l cannot see how it is ma
| terial at all in this case to show that
| there was any insanity in the family.
Mr.. Erwin-We offer it to impeach
the credibility of the witness, having
| offered to show it in the beginning,
when the court ruled it out without
!
| the time.
The Court-Well you did not ask it.
| Mr. Erwin-Yes, sir; your honor said
! the witness was no more insane than
| the attorney, and 1 took exception to
| that remark.
The Court-Yes, sir; it was ques-
| ton for the court to determine and not
for the jury.
| Mr.. Erwin-Well, hold the court did
! not determine it.
| The Court did, upon the evidence
you produced, and that is the appear
| ance of the witness upon the stand,
| and there was no other evidence.
Mr.. Erwin gave notice at that
| time, your honor, which sufficiently
| protects me to introduce this evidence
at that time. attacking it upon the
| ground of credibility. We are not pro-
| ceeding against competency now; we
are proceeding against the credibility
| of the witness at this time, and that is
a question for the jury and not for the
court
The remainder of the examination
of Mrs. Hayward contained nothing
| but series of adroitly worded cues
| lions, all tending to the subject of in
| sanity. In each instance they were OBJ
jected to and promptly ruled out Judge
Smith repeatedly informed counsel for
| the defense that he would permit nc
questions touching the insanity issue
which did not directly concern Harry
and Adry and refer to meetings OF
! transactions between them. Mr. Err
win remarked that it would be neces-
| nj hn r.
look up the record somewhat, and, as
it was nearly noon, court adjourned un.
til o'clock.