The record-union., 1895-11-07

should preclude him from being tried
for the murder of the Webers. No doubt
his confinement had something to do
with his physical condition, declared
the District Attorney.
Judge Johnson asked if KoValev has
been under the care of a physician.
Deputy Sheriff Hunters replied that
he did not think that Kovalev had been
under the care of physician.
The court suggested that the defend
ants appearance was due to physical
infllmity.
District Attorney Ryan said that
when kOValeV was in San Francisco
and amongst his associates he did not
shCw signs of insanity. He did not es-
cape from Siberia on a raft but in
boat.
E. C. Hart, the other of Kovalev's
attorneys, said that since the Inaugural
ton of the trial he had asked the de-
PENDANT if he remembered what had
taken place at the preliminary eXami-
nation. Kovalev in reply said he mad
no recollection whatever of the proceed
ingS Since the commencement OF the
trial the officers have experienced con-
siderable difficulty in getting him to
come out of his cell and to prepare him
self for trial. Before his trial he be-
came demonstrative and tore his bed
ding into shreds.
Mr.. Hart said if the defendant
refused to make a statement on the
stand or said that he could not remem-
Der past events it would be to his dis
advantage. It would place him in an
awkward position. Whether insane or
not it was the opinion of the defend
mats attorneys that his sanity should
be determined before proceeding fur
Their with the trial. If he went on the
stand and refused to talk his attorneys
would not be responsible for his &C
lions
1--WE don't say he is insane" said Mr..
Hart. I'VE don't know it; he may be and
we think he is"
This is the time to determine the
matter, before the trial proceeds fur
ther,'' said Judge Johnson.
Mr. Hart said that Kovalev insists
that his testimony at the preliminary
examination was not correctly inter
preted I'VE want to know" said Mr.
Hart, whether or not the defendant is
insane"
District Attorney Ryan said that the
defendants attorneys do not know
that he is insane. They have formed
their opinions only by observing his &C
tions. The District Attorney thought
there was not sufficient data to justify
the examination.
At this point the jury was excused
until half-past l o'clock, and short
recess taken.
During the recess Captain Lees of
San Francisco, with the assistance Of
four or five interpreters, attempted to
hold an interview with koValeV, but
the accused would barely open his
mouth in response to the questions put
to him. Mr. Hart happened along dur
ing the conversation and asked II 1t was
authorized by the court.
CAPTAIN Lees replied that he was en-
deavoring to ascertain if KOvalev knew
him. but Mr. Hart objected to any fur
Their conversation being held with
Kovalev, and Captain Lees desisted-
In the meantime Drs. T. w. Hunting
ton. C. L. Simmons and Thomas Ross
arrived. They. together with Judge
Johnson, the defendant, the latter's at
torneyS and District Attorney Ryan
then repaired to Judge JOhnsOn's cham
berS. where the doctors examined Ko-
valev.
Judge Johnson said the law provides
that no man who is insane should be
tried The question for the physicians
to consider was that of the doubt of the
defendants mental condition. If there
was doubt then he was entitled 20
trial to determine his sanity or insanity.
Mr.. Anderson was asked to relate his
observations of KOvalev. He said he
had had several interviews with his
client. They were clear and intellgt-
of the preliminary examination, the ac-
cused pointed out discrepancies in til
testimony Two weeks ago an entire
/ change came over KOvaleV. He created
! considerable trouble in the County
| Jail and destroyed nearly all the cor
! tents of the cell in which he was con-
fined. He said his head troubled him
very much. At the next interview
! KovaleV was dull and not susceptible
of being impressed with the enormity Of
the crime with which he is charged.
Last Monday he refused to come out
! of his cell and also to clean himself In
! the meantime he spoke Of a certain
woman witness he wanted subpenaed.
! Subsequently he was informed by Mr..
! Anderson that the woman could not be
! found He knit his brOws and shook his
head He did not appear to remember
anything about the matter. From that
time. said Mr. Anderson, it has been
/ impossible TO get anything out of the
! accused He had no recollection Of
what took place at the preliminary eX-
animation. On Tuesday he sat for two
hours in the same position and did not
move muscle.
| Jailer Beckley was then summoned to
relate his experiences with the Russian
DR.. Ross asked him if he had observed
anything peculiar in Koyalev's con-
duct during the last two weeks. Mr.
| Beckley said that on one or two Occa-
sions the defendant acted badly. Once
he broke up the box which contained u
lamp and threw it out Of the cell
through the wicket. When his cellmate
was cleaning up the cell afterWard he
attempted to assault him with a bucket.
He would cry and then go into rage.
| George Williams. the man who occu-
pied the cell with Kovalev, said the lat
ter on one occasion asked him for a
pistol Lately the prisoner seemed to
b. worried about something. At present
he is not as feshy as he formerly was.
For creating the disturbance some Of
his privileges were curtailed. After that
he was all right. Those who occupied
the cells adjacent and next to his said
at times they could hear him groan in
the night.
Deputy Sheriff Hunters said that when
he was taking Kovalev down stairs into
the Jail Tuesday afternoon the latter
! said he was not sick, but that he was
"aIl right" This he said in English.
DR. Huntington then went over to
where Kovalev was sitting and felt of
his pulse.
NJ. S Wahrhaftig of this city, one of
the interpreters in the case. said he had
| observed a marked difference in KOVa-
lev's actions during the last six weeks
He protests his innocence, but does not
| know what has been tTanspiring the
/ last three days. On Tuesday, after
court adjourned, he asked Wahrhaftig
what the verdict of the court was. think
ing that his case had been decided. The
| Interpreter informed him that nothing
had been done except to impanel a jury
/ MI Wahrhaftig then explained the
manner in which criminals are tried in
/ Russia.
DR. Ross requested Mr.. wahrhaftig