The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-11-11
MARMELsTETN A DEGENERATE.
But Four Dissenting Jurors Made
His Lunacy Case IA MistriaI.


Charles E. Marmelstein was tried by
jury in the court of ordinary on a charge
of lunacy yesterday, the charge being pre-
ferred by members of the family. The
family was represented by Judge A. H.
MacDonell, and the state by Mr.. Francis
P. Salas, Marmelstein being in Jail under
the charge of robbery as well as of lunacy.
Marmelstein's actions for the last two
years have been quite peculiar, to say the
least, and he has gotten into dozen or
more scrapes, from which he has been
extricated by his near relatives. The last
one, as will be remembered, was the hold
ing up of two ladies and an attempted
robbery on the Thunderbolt road, in which
he was aided by Boss Tant or Willie
Wingard, as he is known by his right
name
The case was a peculiarly interesting
one, considering that Marmelstein was
held on charges of robbery, and that he is
to all appearances of sound mind. AS DR..
Corson put it, however, Marmelstein APP
pears to be one of DR.. Max Nordau's de-
generates. DR.. Corson, who was witness
in the family's behalf, said young Mar
melstein might be properly described as
degenerate 1t appears that about a year
ago he got into a scrape and was before
the city court on charge of larceny. He
was sentenced to a term In jail, but on a
letter from DR.. Corson to an effect similar
to his testimony, and on other evidence
that Marmelstein was of unsound mind,
Judge MacDonell, who was then on the
bench suspended the sentence.
DR.. Corson explained that Marmelstein
is subject to fits of what he called hys-
tero-epiepsy, combination of hysterla
and epilepsy, a condition which Is ire
quently found among women, but rarely
in men, and he expressed an opinion at
that time that if he were given proper
treatment he might ultimately recover.
Marmstein's father testified that his
son had, in his opinion, been of unsound
mental condition for at least seven years.
He spoke of the epileptic fits, and thought
they had a great deal to do with his
condition. The boy, he said, on most oc-
casions talks in a perfectly rational man.
ner, but is liable to get up and leave
| his parents at any moment, and the next
thing they would hear of him he had rified
somebody's bureau and pawned the con-
| tents.
Mr.. Marmelstein stated he had had un-
| der consideration for some months the
matter of getting his son into an asylum
| and had been to Milledgeville on one &C.
| casion to see the physicians at the asylum
| there with that object in view. He knew
| his son drank, he said, though he had
never seen him take drink. He told of
| 0CNNidl lilliSS yOuhS MAI lAlCiSl6Ai HdA
done, going to show that his mental cali
! Der was not what it should be.
| Capt. w. d Dixon also testified to hav-
| ing seen Marmelstein when he had these
| fits, and said in his opinion. from a COM
mon sense view of the matter, he con-
| sidered Marmelstein a crazy man.
The state contested the argument on
! the ground that the warrant had only
! been sworn out, charging lunacy since
| Marmelsteins arrest for robbery. Mar
melstein, from his conversation with
members of the jury, appeared perfectly
| rational, and when questioned about his
escapade on the Thunderbolt road, said
he had>no recollection of it whatever, and
did not know anything about it until he
read of 1t in the newspapers after his
| arrest.
When the jury took the matter under
! consideration eight of them voted for
| lunacy and four against 1t, which made
/ II mistrial, and Marmelsten's case will
! have to go before another jury. Those
who voted in favor of lunacy considered
that all the evidence showed him to be
mentally unbalanced, and not RESPONSE
BILE for his actions, and also that it would
| be difficult to prove to the satisfaction
of any jury that he has the power to dis
| tinguish between right and wrong
The case of Joseph jones' colored, also
| came before the jury, but 1t developed
that he lived in Efingham county, and
she was ordered sent back there. Caro-
line Wilson, also colored. was adjudged
a lunatic and ordered sent to the asylum