The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1895-11-09
KOVALEV MUST STAND HIS TRIAL.
The Jurymen Do Not Believe He
is Insane.
His Trial VIII Therefore be Resumed
III Judge Johnson's Court
Next Monday.

of +. H L. Weber and wife, has been
declared sane by jury and will have
to stand trial for the crime with which
he is charged.
When the matter was called in De-
partment Two of the Superior Court
yesterday morning it was found that
all of the physicians who had been sub
penaed as witnesses in the matter had
not arrived, and recess was taken UNI
til 80 o'clock in the afternoon.
At that hour seven physicians were
present. They We're; Drs. G. L. Sim
mons, T. W. Huntington, c. c. Sim
mons, F. B. Sutliff and Thomas Ross of
this city; DR.. a. w. Hoisholt of the
Stockton Insane Asylum, and DR.. A. NJ.
Gardner of the Napa Insane Asylum.
Kovalev was brought before them in
Judge Johnsons chambers, where they
subjected him to a careful examination,
both as to his mental and physical con-
dition
Early in the morning one of the ply
sicians tested his temperature and
pulse. The former registered 96.S and
the latter 80. DR.. Hoisholt, during the
examination, made another test of
kovaleV's temperature. This time it was
9S.0. The doctors were informed that
KOvalev yesterday was allowed the
freedom of the jailyard and took his
meals at Jailer Becllley's table. This
must have produced somewhat of q
change in his condition, as he looked
better than ne has since the commence
ment Of the case.
At o'clock yesterday morning Dr. c..
NJ. Dixon examined KovaleV and found
his temperature to be IS and his pulse
&c.
which indicated an active and receptive
brain. The doctor stated that if Kova-
lev was suffering from sOftening of the
brain his pulse would be Slow
The aforementioned physicians con-
suited until ) o'clock, when they an
nOunced they We're ready to report their
conclusions to the court and jury
At that hour Judge Johnson assembled
the bench, and after ordering the jury
TO be called into court held a short CON
sultation with District Attorney Ryan
and W. A. Anderson.
At the consultation Mr.. Anderson, on
behalf Of the defendant, said he would
not introduce any testimony concerning
the condition of koValeV's mind He
asked the court to instruct the jury to
render a verdict that Kovaley was sane.
He said it was the presumption of the
law that a man is sane until proven in
sane.
District Attorney Ryan said that
Kovalev had been examined by seven
physicians and that they had made a
thorough examination, and they de-
cided that he
Here Mr.. Anderson objected to the
District Attorney speaking any further
in that line on the ground that his re-
marks would in measure influence the
jury to the detriment of the defendants
interests. The prosecution, said Mr.
Anderson, had nothing to rebut.
The District Attorney said that Kov-
alev's attorneys admitted they had no
case and had no evidence to produce
How, then, could his remarks prejudice
the case against the defendant? Mr.
Ryan intimated that the attorneys for
the defendant brought up the insanity
question to create sympathy for him.
Mr. Anderson interposed another OBJ
lection to the remaks of District At
tOrney Ryan, and declared that the lat
ter was infringing on the rights of the
accused. KoValevs attorney then read
the law on the subject, and followed it
up by saying that if the defense had
no testimony to offer the prosecution
had nothing to say.
District Attorney Ryan said the de.
Tense had raised the issue which mad
been submitted to the physicians and
at least one of them should be heard
from.
Judge Johnson said that he could
not see that any good could be derived
from the testimony of the doctors as
the defense had no testimony to offer,
and also had asked the court to instruct
the jury to find that kovalev was sane
Mr.. Anderson again requested Judge
Johnson to instruct the jury to render a
verdict that his client was sane
The District Attorney-Then you adj
nit he is sane?
Mr.. Anderson-We don't admit any
thing.
Judge Johnson said the presumption
of the law is that a man is sane until
proven insane.
Mr. Ryan said that the physicians
who examined KOvaIev in the Judges
chambers were all of one school. and
that he was prepared to prove his con-
ditiOn not only by their testimony but
also by the testimony of a physician of
another school. The latter physician,
said Mr.. Ryan, was of the same oEin-
ion as the other seven.
The court then instructed the Jury
that the law presumes every man to be
sane unless shown to be otherwise. and
that the burden of proof rested on the
defendant. 1t was in the province %
the jury to find Kovalev insane if they
so desired. He gave them two forms
Of verdict, one in the affirmative and the
other in the negative.
The jury then retired and remained
out about half an hour When they
returned Foreman Edmund Ellis
handed the verdict to Judge Johnson,
who, after reading it, handed it back TO
the Foreman, who announced that the
jury had decided that KovaleV was
sane.
The jury was then discharged from
further attendance upon the court I'M
til next Monday morning, when tie
murder trial will be resumed. The
jury was composed of Edmund Ellis,
Henry Frey George w. Logan, John
Latham. Emil Steinman, A. b. Bryant,
Conrad Iser, Peter Fuchs G. A. WI
ner 5. Gottlieb, c. T.. Fordenwalt and
Louis Hebron.
The jury was out longer time than
was expected, as it was thought that an
no testimony was offered and that the
law presumes a man to be sane unless
he is proven insane, a verdict would be
arrived at Immediately after retro
ment.
Two or three of the jurors, it was
ascertained, at first concluded thai
Kovalev was fit subject for an in
sane asylum, but they were finally won
over and the verdict was unanimous,
which, of course, was necessary in a
proceeding of that kind.
STATE BOARD OF EXAMINERS.
1t Investigated Number of Bills
Yesterday.
The State Board Of Examiners met
yesterday and devoted the session to ex-
aiming bills and routine business.
MI "a IL !: