The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-07-27
SCHWARz DECLARED INSANE.
THE JURY FINDS II FAVOR or THE
SPECIAL PLEA OF INSANITY.

lmbectIe ana IN No AoAuAtAuh To
/ he Tried for Murder-The Tesd-
mony Introduced by the Defense.
! schyvarz 10 BE Taken 10 sIiIIedge-
willie.
! William schwarz was found guilty Of
\ insanity by a special jury in the superior
state asylum for the insane by order Of
/ the court.
/ At the conclusion Of the testimony for
I the defense Dr. j. b. Read, who was
summoned by the state to give expert ties
I timony, took the stand and testified d.
rectly against the state, STATING that in
his Judgment schwarz was an imbecile
ana not in a fit mental condition 10 be tried
for his life
! This. of course. settled the matter and
| the jury was not long in bringing in a YER
dict. The court house was crowded dur
/ ing the entire day with people interested
/ IN the proceedings. The defendant sat
with his uncle. Mai. John schwarz. and
his two brothers. together with Messrs.
+. G. duBignon and W. L. Morrison, his
attorneys. Dr. Read. who appeared as an
expert for the state. sat with the solicitor
general.
! Solicitor General Fraser first asked the
/ court to strike from the plea the part
which stated that Schwaz was insane at
/ the time Of the killing. This was done by
/ Judge Falligant over MIR. duBgnon's pro-
test. An amendment to the special plea
Of insanity to about the same effect was
offered at another stage of the proceedings
| but was overruled.
Mr.. duBignon thought the jury should
/ be selected as in the trial of criminal
| cases. Mr. Fraser held that the law pro-
Vidcd that twelve jurors should be select
/ ed from panel of twenty-four and thar
| each side should be allowed only six
| strikes. Judge Falligant ruled In his ia
vOr. The jurors were sworn by Clerk
/ Carr just as in murder cases, with the
| exception that they were made to swear
/ that they would well and truly try the
| special plea filed by the defendant, in
stead Of the charge Of murder
The jury selected consisted of Patrick
| Powers, Clarence NJ. Durham, William
/ L. Haupt Jr.. w. S. Yokum, John d.
! Charlton. James Fitzhenry, John f. Can
/ ty. John L. Mcintyre Thomas II. Mona
/ han, William J. Reddy and Frank b.
/ Bashlor. and Cuyler Hamilton, colorcd.
! ftdlulltOu IS the uiSL cOiOfeu juror VINO
/ has been selected to sit on case of as
| much Importance as this in some time.
| Mr.. duBignon outlined the case from the
| standpoint of the defense He stated that
/ the defendant was insane and not in
1 condition TO be allowed TO go at large,
| or to be placed on trial for murder.
County Physician DR.. T b. Chisholm
was the first witness sworn by the de-
Tense. lie stated that Schwarz was under
! the influence of liquor when he was first
! brought TO the jail. He testified that he
did not think him Of sound mind, nor in
tit men-al condition to be put on trial
! for his life. He said be was addicted to
habit that was liable to bring on in
sanity, and that he was an excessive
cigarette smoker. He spoke also of
Schwarzs being afflicted at times with
melancholy
DR.. F. II. Bloodworth stated that he had
| examined SchWarZ with Drs. Norton and
! Chisholm, and that Schwarz had acknOwl-
edged to him that he had been guilty of
| the abusive practices mentioned. His
| condition, ne SAID showed that he had
| been addicted to such habits, and he men
! toned in this connection the defendants
sheepish look his manner of walking and
his spells Of melancholia.
Or. Groth testified that the defendant
came to him two years ago to be examined,
and he found at the time that he was ad-
| dicted to such practices. He refused to
| treat him. he said unless he came with a
member of his family so that he could be
| assured that the treatment prescribed
| would be carried out.
The court adjourned at $50 o'clock to
await the arrival of DIR. r. G. Norton, who
was coming from Tampa. DIR. Norton was
on hand when the court convened at $3.50
o'clock. DR. Norton stated that he had
examined Schwarz on several occasions
and that he had found him in unsound
mental condition, due to practices which
| always eventually lead to such a state Of
mind. He stated that the subject was an
imbecile was not responsible for his ac-
lions, and that he was not in a fit con-
dition TO be tried for murder or to be at
large.
Mr.. August Schwarz, brother of The de-
PENDANT, was the next witness He testi-
fed to the fact that his brother was not
right in his mind, and had not been in a
long time. He stated that the boy had
secured several positions, but was unable
to keep any of them for any length of
time.
At the conclusion of this testimony Mr..
duBignOn announced that the defense had
closed. Solicitor General Fraser took u
few minutes for consultation with Or.
Read When they returned to the court
room he stated that he had DR.. Read pres
emit an expert, so that he might hear
the testimony and give such testimony as
he thought proper.
Though his testimony VIII be against
the state" Mr.. Fraser said, 4 think il
due the state and all concerned that he
be heard"
Dr. Read stated that he had seen the
defendant for the first time yesterday,
and that it was rather a hard matter 10
give an opinion from what he had seen
and heard in court.
well, from what you have seen and
heard what is your opinion?" Mr.. Fraser
asked.
II think he's an imbecile, and not re-
sponsble in any manner for any Of his
actions or doings' was the reply.
do l understand you 20 say" asked
Judge Falligant. that you think he has
not the mental capacity to conduct a
rational defense?"
4 do, sir" was the reply, Il think he's
an imbecile"
Il deem 1t entirely proper and right to
get at the truth in a matter of this kind. 3"
Judge Falligant said to the solicitor gem
eral land the court highly approves of
your course"
MIR. Fraser stated thar ne simply want
ed to bring out all the facts. that he had
done everything that he could possibly do
4, in accordance with his duty in the mat