The record-union., 1896-04-17

the proper plea. He thOuSnl fSdIeH
knew that it was wrong to use force in
robbing, but that he did not think 1t
would be wrong to steal, If he could do
so without detection. He stated to wit
ness that he was not in fear OF being
hung, and also that he was better
treated in prison than on the outside,
when he had te tramp and beg for
something to eat.
He did not agree with the French
writer's on the subject of moral insanity.
Moral insanity is defined as that In
which the instincts in the mind are
perverted. He could not see any spe-
cial difference between the two. Intel
lectual insanity is that in which the
perceptions are perverted. He thought
that in Ratens case it was the former,
if either
Mr.. Johnson asked if when in all Rat
ems consultations with his attorneys
the fact that he would talk OF nothing
but the collecting of his money, he was
sane, and witness said he thought not,
unless in doing so he was Stimulating.
If he was not Stimulating witness
thought that Raten was not MT to be
tried He was inclined to think that
he was insane, but could distinguish be-
tween right and wrong. He would nave
more doubts of the prisoners sanity
than Of his insanity.
Some alienists think that where there
is insanity irresponsibility accompa-
nies 1T, but they are in the minority. In
the consideration Of Raten's SANITY or
insanity he took into account the fact
that he had been confined In an insane
asylum. It is not uncommon for persons
charged with crime to simulate insan-
ity Where the facts point to the guilt
of a man and he has no defense he
would be likely to recur to some other
issue in order to avoid discussing the
crime.
Mr. Ryan said that as the doctor
testimony was based largely on the in
formation he had received, he wished
at a future time to examine him fur-
ther, as he had considerable testimony
in rebuttal to introduce.
DR.. Huntington testified that he had
examined Raten twice within few
DAYS and considered him insane. He
explained that insanity exists where in
correct deductions are drawn habifu-
ally from correct premises. He thought
Raten could distinguish between right
and wrong, and knew that he was in
the courtroom, but he doubted If he
knew the purpose Of the present in
quiry. He thought that if arraigned
on the charge of murder he had suffi-
cient intelligence to put in a proper
plea.
He did not think, however, that he
could discuss with his counsel the
charge against him intelligently or
hold a collected conversation with him
for five minutes. He would think that
the fact that when accused of the crime
Raten said that he could not have COM
mitted the crime, for the reason he was
at work in another place, showed In
telligence.
If he persisted in this attempt to es-
tablish an alibi, until strong proof was
presented to him, and he then changed
his demeanor and refused to talk, it
would be a rational thing for him to
do, but he did not impress witness dur
ing his limited intercourse with him
with the Idea that he was Stimulating
Insane persons are not alike on all days,
however. Witness did not believe there
was any difference between moral and
intellectual insanity, but did not care
to go into the matter.
He thought Raten knew that it was
wrong to commit the crime of murder.
There are two or three subjects on
which he goes off at a tangent while
speaking on other things. He might
make proper plea in court and yet be
insane. Taking his physical charac-
teristics into consideration, they might
ind "a Off fro GaUQnarQ
or hereditary criminality.
B. U. Steinman met Raten on We'd
nesday as he came into court and was
told by him that he was coming to get
his money. He grinned as he said it.
His manner was the same as usual at
the time.
Dr. A. c. Hart made the examina-
ton of Raten with the other physicians
and thought he was insane. He did not
believe that he would appreciate the
seriousness of his situation. He thought
Raten understood the difference be-
tween right and wrong. He had no
ticed him during this proceeding talk
| ing to his counsel. He did not think
defendant realized the enormity of the
charge against him. He thought Raten
morally depraved, but that there was
also insanity. He pays very little at
tention to his present situation, but
harps on his money.
He considered that the prisoners re-
quest for counsel showed he did know
| what the charges were, but he thought
that he did not realize the gravity of them.
| He thought that person in his normal
condition would appreciate their grav-
ity Witness knew that Kovalev would