The San Francisco call., 1896-11-19
SUSIE MART IN
IS NOT YET FREE
Judge Wallace Once More
Refuses to Dis
charge Her.
Venire Issued for Jury to
Pass on Her Mental
Condition.
If Found to Be Insane She Will Be
Committed to the State Asylum
by the Sheriff.

Yesterday morning. when Judge Wal
lace called the case OF Mrs. Susie b. Mar
tin, who killed her husband and was ac-
quilted on the ground of insanity he
turned to Attorney Cook and asked HIM
if he was ready to proceed.
Mr.. Cook replied that he was ready pro-
vided there was anything 10 proceed on.
He understood the court to intimate that
proceedings would be had under section
1167 of the Penal Code, which provides
that persons acquitted OF a charge of MUIR
der because of insanity may be examined
by a jury to determine their mental con-
dition. His first contention was that
jury ought to be impaneled from the jury
list of the county. He also referred the
court to section 44S0 of the Political Code,
which requires that all the codes must be
construed and read together, according to
which he thought proceedings in the pres
ent instance must be had under section
2210 of the Political Code, which says that
of insanity a complaint must be filed.
He thought no issue could be Joined
| without the filing of complaint.
| Continuing his remarks Mr.. Cook said
| that the record of the murder case would
show that no claim had been set up that
|
| the trial
''If such a suggestion had been made a
special proceeding would have been or
dered to inquire into that matter" said
| the Judge.
| Reference was made by Mr.. Cook to the
| case of Jane Shattuck, who was acquitted
| because of insanity, and to the Fredericks
case. Mr.. Cook concluded by moving that
| the prisoner be discharged from custody
| for the reason that no complaint was on
| file.
His Honor said that in shis: opinion the
record of the trial and the verdict in this
case stands in the place of a complaint.
| Section 1867 of the Penal Code provides
| that if jury shall render verdict of
| acquittal because of insanity, then the
| prisoner may be examined, etc. That
! had happened, and this proceeding is ccn-
| sequcntly in conformity with that section.
The verdict OF the jury did not say it was
temporary insanity. 1t said the defendant
| was acquitted because of her insanity.
/ RENE m bering this it was proper to recall
| the fact that G testimony showed that
| the prisoners mother was and is insane,
that her uncle was insane, and that Others
who were related to her were insane.
| That was the condition of her blood.
''The jury might have returned ver-
] dict of tenn porary insanity if they had been
! SO minded, y said Judge Wallace, land if
! they had done so / would not think it my
duty 10 take this proceeding. But here is
a verdict of acquittai, because of insanity.
The act would be felonious if commit d
| by a sane person. This acquittal on the
! face of it is a warrant that this woman
NAV go and kill another person and be
acquitted again because of insanity, unless
some proceeding may be had TO determine
what shall be done with her."
| Judge Wallace thereupon denied Mr..
| Cooks motion to dismiss the prisoner.
He said hat the point to have jury
drawn from the list OF county jurors was
well taken, and proceeded at once to that
| business.
The venire is returnable tomorrow
morning at 10 O'Clock, at which time the
examination OF Mrs. Martin will be pro-
ceeded with.