St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1896-07-24
THE WAY TRIAL.
[Continued from First Page.]

in the presence of your Maker, that the
man is sane, then he can be convicted,
otherwise he cannot be. il the conclu-
sion is reached that he is insane, then he
will be put under restraint and treat
ment, and cannot be released except by
order Of the court. You control the des'
tiny OF the man; whether he shall be
hung, imprisoned or sent to an asylum
Look the matter over carefully.
The death Of the woman is a big boon
compared TO the wild tancies, apprehen.
sions and decisions OF this unfortunate
man This victim of insanity is to re-
ceive your consideration, for the wife is
gone beyond your help into the hands
of her God. Look at the history OF the
mans family. The father was dissi-
pated man and the mother trail WON
an. The grandfather died insane. Not
able to trace the grandmother's family,
but there may be insanity there False
to every high principle OF honor II you
pass by these points. II in doubt, let
civilization, right and justice have prefer
ence. The father became town pauper
and a rowing sort Of man. Strange a
man sound in mind should act like that.
We find him when dying, raving and
swearing chat he will cut his son open.
Here is heredity docking at the prisoner
and his brother). Similar, but what
difference in looks. What made the diff
ference? They should look alike. Why
is it. gentlemen of the jury? One sits
erect with his legs crossed, taking in all
that is going on. The other has sort
of sprawling position, appears in
stupor, and has been Just like that for
the past ten days. have frequently
looked at him, wanting to feel sure IN
my heart that my opinion was right.
He has a stupid expression and dead
eve and seems to take no interest in
what is going on. In Jail he has been re-
strained, his hands tied, because ne has
made threats and once attempted to
take his life. He refused to take food
until told it would be forced into him
through tube. Experts who came here
to take away this mans life say that
this might in some cases be insanity.
When questioned they branched off into
arguments, saying that it might in such
case and character, but evaded direct
answer. Suicidal mania is evidence OF
insanity indisputable. Think of this be-
fore you pronounce this man a criminal.
See the man with his pinched features,
expressionless face does he look sane
Did he plan the deed in a sane way, as
YOU look at it now? 1t was committed
in the most public manner with five eye
witnesses near by. Was there any Sc
crecy about it? If he had been sane
wouldn't he have planned the deed so
that it would have pointed in direction
of the wifes suicide or of some other per-
son doing it The deed was committed
with a club that no sane man would
have used for such purpose How he
came by 1t is not known. Was it the act
of sane man? That's the question
gentlemen Of the Jury, for you to decide
The woman was struck down with a
blow that crushed the skull and we sec
the man raving to strike her again. Was
that the act of a sane man? Who is the
man that stabs and pounds after death
Is it the reasonable man or the one con
trollcd bv the devil of insanity? He sur
rendered himself quietly. Could he have
said and acted as he did without being
insane? A maniac can conceal and dis
guise things with great skill. Marshal
WAY, insane, could have done what III
did. Marshall Way, sane, or any othel
man could not have done what he did
After the deed he sat down on the piazza
and appeared as stupid and unconcernec
as he does now. He talked with DR.
ZONES about some business before the
body was cold. One witness testiie'
that Way went night after night with
out sleep, troubled with insomnia. ISM
that a sign of insanity?
A number of witnesses have testified
that they had noticed a strange lool
about the eye, 1t is the eye OF the Zero
cious animal that determines his action
1t is the eye that expresses emotion. 4
wild eye, isn't that a sign of insanity
Go through the whole list of state wit
nesses and we have something unac
countable but no evidence OF premedita
ton Nothing transpired after the deet
until he was taken into the house ant
then he began to realize what he hac
done. He fell down by the corpse, claspet
it in his arms and said, why did de
it," Can you declare before your Coz
in heaven that that man was sane!
1t makes no difference in the world
history what becomes of this man, bu
it does make a difference with you ant
me in the cause OF humanity and on
glorious state. What motive could h
have had for the deed There was moth
ing to gain by it and he knew it. II
stake my life that there isn't an asylum
in New England but what would hay
received him six months ago. So man
things point in direction of insanity tina
am perfectly convinced of it. Whe
reason is unthroned and insanity take
possession you cannot tell what will IT
suit. Hatred Of wife is not an adequat
motive. Evidence is that he was
peaceable man. A desperate might hav
committed the deed, but it is impossbl
that a peaceabe citizen with no otht
motive than hatred of wife would hay
done it, All things point to insanit
with irresistible force. There isn't cas-
on record where one man has convince
SO many that he was insane that sue
wasn't the case The conclusion mus
be inevitable that the prisoner was il
sane. Hope you will never convict
man on testimony as unfair as DR.. Bal
croit's. He was brought here to desire
every evidence Of insanity and to prov
this man a criminal. I'll bet my lite
can place that man in any asylum e
cept the two that have been represent,
here. If man is sane than you come
question OF degree. have no tear Of
verdict OF first degree. 1t seems to II
that the prisoner must 90 to an asylu
TO be cared for"
Mr.. Bates closed his plea with