St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1896-07-24
VOL. LIX---NO. 3O78

noted a change in Ways appearance.
We have produced 16 men who have tes-
tilted that they noted that Ways mind
was not right before the tragedy and
these men had noted it so strongly that
they talked about it to others. The
state brought in about as many wit
nesses who testified that they had noted
no change in Ways mind. Ways mind
did not always act the same and none of
the states witnesses happened to see
Way when he was out OF his head or
saying queer things.
Mr.. Dunnett took the testimony in
detail of the doctors. "We are not under
any obligation to prove TO you that this
man was insane. Every man is sup
posed to sane when under trial if the
question of his insanity is not brought up.
But when the defense offers proof tend
ing to show that respondent was insane
then the state must establish his sanity
beyond any reasonable doubt. Unless
they can do that the man must be ac-
quilted. Five medical men testified on
the subject and three of them say that
in their opinion he is insane They can't
state this as matter Of tact; they SIM
ply give their own opinion. Doctors
Minis and Brancroft with all their learn
ing have examined that poor lunatic, if
that is what he is, and have said that in
their opinion he was sane. Nobody has
claimed or indicated that this long line
Of circumstances do not indicate insan-
ity. Everybody admits 1t; it stands
conceded" Mr.. Dunnett them read long
extracts from Dr.. Minis testimony on
cross examination to prove his own
position in the matter.
Every symptom of insanity noted by
our own doctors was partially admitted
by the two experts The mother OF Mar
shal Way had epilepsy and insane delu-
sions. The blood of the woman that
flows in Marshall Ways veins is insane
blood. His grandfather had very pecu-
liar notions tor a sane man. The state
used seven days in the week and desecra-
ted the Lords day to find witnesses to
prove that Ways ancestors were sane.
Livingston testified that the last act of
Ways grandfather was to chase lot of
bows threatening with an oath to kill
them. Ways act was committed in
broad daylight with friends all around
and no prospect of future benefit except
lllC BdllOWS. uC uOSlOIS , lISliilSNl liClI
the indications in a mans lace are the
strongest evidence ofinsanity aside from
his words and acts. The law recognizes
the fact that sanity or insanity can be
determined by mans couutenance and
allows witnesses to come into court and
tell how man looks.
at God has afflicted this man with a
diseased brain; if there is a reasonable
GOtlbt but what he was insane, don't
convict him OF murder just because his
wife is dead. II you think he was insane
you are to acqut him at once. Accord
ing to the Vermont law the state must es-
tablsh beyond any reasonable doubt
that this respondent committed 'wiltul,
deliberate and pre-meditated murder to
secure verdict OF murder IN the hrst
degree. There has been no direct threat
established in the case that Way intend
ed to kill his wife. Before this tragedy
he started for his barn and went to the
shed door and from there through the
house He did not know his wlIe was
going away and this case is barren Of
any evidence that she was going away
or that he saw the team drive up to the
door. Within one quarter of minute
after he had learned all this he commit
ted the deed. There was no evidence to
show that there was any preme iitation
in the act.
In closing, Mr.. Dunnett took up
the evidence of Sheriff Sulloway. This
witness had several conversations with
the respondent since the act, and Mr..
Dunnett SAID the state could have pro-
duced all this conversati N had they saw
fit. The absence of such evidence should
be weighed carefully by the jury in behalf
OF the respondent.
At the close of his plea Mr. Way rose
to address the court and had started to
speak, but was dragged back to his seat
by his brother.
MR.. BATES PLEA.
rise to speak for humanity, for
christianization, and in your behalf that
you will not stain your hands by a
wrong sentence l rise to speak for that
poor man Cooking at Way), for his
brother, for his children, and for man.
hood and womanhood as it exists in the
world. | will speak for little while and
believe me sincere in what say. A
tragedy, brutal in detail, recently shook
our little world When we heard of it
we wondered it was human nature or
the devil in the man that did it. We all
said that he must be crazy, for it is be-
yond all human possibility, to suppose
that a man in his right mind would do
such deed. Is not that true, gentle
men? The man who did it has been sit
ting here during the past ten days in a
sort of stupor, utterly regardless of what
has been going on, never, excepting on
two or three occasions, showing the
Slightest interest. Is there another face
here drawn and shrivelled like his The
first thought when the news reached us
was for what cause can human depravity
reach a point like that-when a man,
who for nearly so years has gone about
without stain, can commit such a deed.
Is it likely that sane man, for the first
brought before the jury for the lowest
crime in the category. Human nature
does not tend that way. The story is
told and man suddenly reaches conclu-
sion that something is wrong. Bring on
experts and witnesses, but the fact still
remains that there must be insanity.
God pity the man who believes such
crime the outgrowth of human nature
Is it right. is 1t humanity to entertain
such belief. Look back at past mem
bers of the family and see if diseased
mind doesn't come down through the
line. Even thread may be strung by
which you can solve the mystery. Look
the man over, gentlemen. You are the