The San Francisco call., 1896-11-14
WE FIND THE DEFENDANT
NOT GUILTY.
BY REASON OF HER
INSANITY.

Itwas admitted at the trial and in the
argument of counsel that Mrs. Martin
shot and killed her husband, John f.
Martin, several months ago while he was
talking with her in the Larkin-st street cor
ridor of the new City Hall.
The proof showed that Martin used
grossly insulting language to his wife in
the presence of strangers Immediately be-
fore the shooting, but this fact was not set
up as justification. the Supreme Court of
this State having decided, Judge Walla ce
instructed the jury, that no words, how
ever grlevous, shall be deemed a justifica-
tion for even reducing the verdict of a
iurv from murder in the first degree when
the killing is proved. The defense, there
fore, was based entirely on the theory that
the woman was insane when she fired the
fatal shot.
Some testimony was presented to sub
stantiate this view, and it was accepted
by the jury, as shown by the verdict.
After the recording of the verdict and
the dismissal of the jury Judge Wallace
rema nded the defendant to the custody of
tie Sheriff, ordering that she appear for
such further consideration of her case as
might seem proper under the provisions OF
section 1857 of the Penal Code.
At the opening ofcourt yesterday morn
ing Attorney Carroll Cook, representing
Mrs. Martin, arose and drew the attention
of the court to the fact that the prisoner
was present, and asked that she be dis
missed from CUSTODY. He produced GER
tificate from DR.. o. Brien, City Physician.
TO the effect that Mrs. Martin is of sound
mind at The present time.
1t was then that the unexpected hap
pened, for general impression had gone
abroad that Mrs. Martin would at once be
- l. than rrrfr
free woman. 1t at once became apparent
that Judge Wallace had no intention of
countenancIng such practice.
The Judge said that, according to his
understanding, if defendant is acquitted
on the ground of insanity an exami-
nation of the defendant ought to be had
before a Jury to determine whether such
insanity is continuous and to ascertain
whether the defen dant is entitled to be
discharged.
Section 1167 of the Penal Code was then
read, as follows:
If the jury render verdict of acquittal on
the ground of insanity, the court may order q
| Jury 10 be summoned rom the jury list of the
county to inquire whether the defendant con.
tinues to be lnsane. The court may cause the
same witnesses 10 be summoned who testified
! on the trial, and other witnesses, and direct
| the Distrl ct Attorney to conduct the proceed.
| ings, aud counsel may appear for the defend.
| ant. The court may direct the sheriff to take
! the defendant anu Telhln nm III CUSTODY until
! the question of continuing insanity is de.
termined. If the jury find the defendant
| insane, he shall be committed by the Sheriff tc
the State Insane Asylum. II the jury find the
defendant sane, he shall be discharged.
Continuing in his remarks, Judge Wal
| lace, with much earnestness, expressed his
opinion on the present'phase OF the case.
| $50 far as | am concerned" said his
| Honor, II would like to have this matter
put in proper light. Here is person
| who takes the life of another under such
| circumstances that it is simple murder
| and the only defense is at she is insane
| and the jury has listened to it. Now, ii
she is ir sane, such person as that ought
not to be at large; or if this is a mere
farce-if it has come to this that any
woman NAV take a pistol and shoot man
down, and because she is a woman set UP
a plea of insanity and be acquitted-why,
let US know that.
"I am tired OF sitting simply as q part oi
a farce when the result can be told before.
hand.
people are brought here as witnesses
and Jurors, and all the expenses of pre-
tended trial are incurred, and it is no trial
at all
Now, if this woman is not insane she
should have been convicted. If she is in
sane she should go to the asylum, for she
! NIGH shoot somep body else.
II propose to hold her for regular pro
ceedings, and | want those witnesse,