The San Francisco call., 1896-11-24
SUSIE B, MARTIN
ONCE MORE FREE
A Jury Decides That She Is
Not Insane at
Present.
She Killed Her Husband in a Fit
of Temporary Mental
Alteration.
Arguments by Attorneys Eddy and
Hink:e-JuGge Wallace's Charge
and the Verdict.

Mrs. Susie B. Martin, who shot and
killed her husband in the new City Hall
on the 30th of last March, and who was
acquitted on the ground of insanity, is at
last free woman. a jury in Judge Wal
lace's court yesterday declared that she is
not now insane, and she was at once dis
charged from custody.
When Mrs. Martin entered the dark
courtroom yesterday morning sne was
looking more cheerful than at any time
since the day of her arrest, when she
stood over the lifeless form of her hus-
band, John F. Martin, and assured her
captors that she had killed him because
he had left her and she loved him too
much to live without him.
| Ned Fester, brother-in-law of the &C
cused woman, retold the story of her
miserable life with Martin, how he abused
his affectioDate wife and neglected her to
consort with the worst kind of men and
women in a disreputable quarter of the
City.
He thought this had unsettled Mrs.
Martins mind and that she was not re-
sponsible for her act when she shot her
husband. Mr.. Foster gave it as mis- opin-
ion that Mrs. Martin is at present of
sound mind and not dangerous to be at
large.
After the testimony for the prosecution
was in, Attorney Kowalsky arose to make
an opening statement for the defense but
be was checked by Judge Wallace, who
told him his remarks were not properIv
framed. When he persisted in his course
the court ordered him to sit down.
Dennis Boyle, who had charge of Mrs
Martin for some time while she was in the
branch City Jail, said he considered her
perfectly sane. This view was coincided
in by Miss Minnie Boyle, Mrs. Ellen
DIR. E. D. Lustig, DIR. c. w. Card, Never
Lindheimer and L. G. Busante.
Arguments were made by ATTORNEY
Eddy and Deputy District ATTORNEY
Hinkle. Mr.. Eddy said the prosecution
had failed to make out a case, and that
even if he and Mr.. Kowalsky had not
promised any affirmative testimony to
show that Mrs Martin is sane she wouid
be entitled to a verdict esta blishing her
sanity. He contended that the testimony
shows conclusively that she is of sound
mind.
Mr.. Hinkle took q different view. He
said 1t had been proved that Mrs. Martin
was insane when she fired tine fatal shot.
1t was on that point an acquittal had been
based. Did she remain insane lust long
enough 10 pull the trigger and kill her
man and then become insane again ?
Wouldn't it be fair to presume that she
might go insane that way and kill some.
body else if she felt so disposed, and then
seek another acquittal on the ground OF
insanityP
In Mr.. Hinkle's opinion the iurv ought
to put Mrs. Martin in a place where the
public safety would not be endangered.
Judge Wallace charged the Jury to the
effect that when the trial opened the pre-
sum ption was in favor of Mrs. Martins
sanity, and that the burden OF proof of in
sanity rested upon the District Attorney.
After he introduced the record of the
murder trial and the verdict of the iurv
that Mrs. Martin was acquitted because
of her insanity, then the burden of proof
shifted, for the verdict of that jury must
be accepted as true. and her INSANITY
must be conceded. 1t therefore devoIyed
on her TO prove by preponderance of
testimony that she has recovered her mem
tai balance and is at the present time in
a sane condition.
The jury took half an hour to agree on
a verdict, but finally decided that Mrs.
Martin is of sound mind.
When discharged from custody Mrs.
Martin received the congratulations of
her friends in a quiet manner, and at once
left the courtroom with her sister and
other relatives.
1t is stated that Mrs. Martin will resume
her vocation as an actress.