The San Francisco call., 1896-11-13

OF Martin could not be disputed. and that
ehe only question for the jury to decide
was whether Mrs. Martin was sane or in
sane at the time she fired the shot. If
sane sne ought 10 be convicted and if in
sane she ought to be acquitted.
District Attorney Barnes closed the ar
sonleht Tor the prosecution. He said
.nat a murder trial is no place for SYM
paehy or gallantry, and that the Jurors.
as Wen as the lawyers, must do their
uuty. 1t had been pleasant for him to
near The kind words of the attorneys on
.ne otner side, yet he would cast behind
nln the compliments of the gentlemen
anu proceed with the presentation of
wuaI ne SAID he was pleased to call some
oi the prosecution ideas of the case"
Mr. barnes said it made no difference
Mit Mnat KIND of a life Jack Martin lived.
that lie had been wiped out by the
oIoony sponge OF assassination. 1t was
rue tuat he had not gone outside the tes-
.lmonv to attack the defendant here nor
10 protect the memory of the dead man,
because that is not part of his duty. He
oeiieVed the witnesses who told of Mar
TIN mlsdeeds and cruelty were truthful.
II ne had not SO believed he would have
called witnesses to disprove their state
ments.
Mr.. Barnes said thatthe killing was un-
disputed, and he agreed with counsel on
only point for the jury to decide was
whether Mrs. Martin was able to dis
tlnguish between right and wrong when
she shot her husband. If sane, convict
her. If insane, let her go. He said that
II the theory of counsel for the defense
were to be accepted it would come 20 such
a pass that if a woman should walk into
the courtroom and shoot any member OF
ihe jury, or even the Judge on the bench,
sac could be acquitted on the ground of
temporary insanity by simply mploying
Colonel Kowaisky or Colonel Eddy to
make an eloquent plea in her behalf
Mr.. kowalsky excepted to the remarks
by the District Attorney.
Judge Wallace gave the usual statutory
Charge to the jury. He explained that no
words used by the dead man would Justify
modification of the verdict from murder
IN the FIRST degree, provided the Jury
should find that the prisoner was OF
sound mind when she committed the oct
of killing her husband; that the presump.
ton was that the woman was sane at the
time. and that the question of her sanity
or insanity must be decided by the jury.
The jury agreed or verdict in Just
four minutes. Two ballots were taken.
some members of the jury voting ''guiIty''
on the first ballot.
When the jury returned no one was
present to represent the District Attorney.
anu 0OSC w UcCCuln2
at the delay, appointed Attorney Sweeny
to represent that officer.
The verdict OF the jury was then rem
dered in these words: "We find the de-
fendant not guilty, because of her in
sanity
When the verdict was uttered Mrs Mar
tin burst into hysterical sobs and then
swooned. Just as she revived she heard
Judge Wallace deliver an order that she
De remanded to the custody of the Sheriff
In order that the question of her present
sanity may be inquired into. These words
brought to her mind the possibility of a
lie spent In an insane asylum, and she
began to shrek, but was finally pacitied
by her lady friends who had come to her
support.
The verdict was greeted with hand
clapping by several persons in the au-
dience, but this demonstration was
quickly suppressed by Bailiff Curtis.
Judge Wallace's order remandinr Mrs
Martin to the custody of the Sheriff was
subsequently modified and she was per-
mitted to go home with her relatives, it
being understood that she shall be in court
at 10 O'Clock this morning At that time
physicians certifica tie will be presented
showing that Mrs. Martin is not at pres
ent insane and she will be discharged from
custody.