The record-union., 1896-04-16

The jurors accepted to hear and de-
| termine the case are: W. M. Ellsworth,
saloon keeper; A. Heilbron. capitalist;
H. G.. Chapman, sign painter; X. ii.
Hawley, real estate; ]. w. Marsh,
saloon keeper; S. J. Jackson, stoves and
! tinware; H. w. Freund, butcher; M.
Gottorski, junk and stores; W. j. Has
sett, printer; George Wisseman, saloon
keeper; Steve Butler, truckman; >.
| Spencer, carpenter.
A FRIEND OF RATEN.
| The first witness called was George
| Nelson, the man who was erroneousiy
convicted some years ago OF hlshWay
robbery on the Rancho del Paso, and
was pardoned after having served
portion of his term of Imprisonment
He was in the Folsom Prison at the
time Raten was there for the murder
of James Lansing.
| Nelson testified that he had known
Raten for fourteen years-petore the
latter went to prison. He had occupied
a room with him in 1S1S-t9. During
| the last five years he had known
nothing of Raten's condition
| The witness was asked If Raten was
sane or insane and District Attorney
Ryan objected to his testifying as to
| the sanity or insanity of the prisoner
unless he was shown to be an expert on
| insanity. He could explain any acts
of Raten that would have bearing on
| the question but should not be permit
| ted to express his opinion merely.
| The objection was sustained but the
witness was permitted to say that
while they were both in the prison he
saw Raten every day and then consid-
cred him insane. He would not con-
verse with anyone and acted in stupid
manner Whenever witness asked him
anything he never received an intelli-
gent answer.
| Nelson then described various strange
actions on the part of Raten while at
the prison, such as lying down fiat on
his back, crossing his arms on his
| breast and remaining in that position
| a half-hour at a time.
| When the witness talked with Raten
on Tuesday evening the latter said he
was not a prisoner in the County Jail,
| but was detained there for his per-
sonal protection, and that the Governor
had several thousand men outside to
protect him.
! The court here withdrew the order
sustaining the District Attorneys OBJ
lection, and allowed the witness to say
that in his opinion Raten was then in
sane.
| A STUBBORN NATURE.
| On cross-examination the witness
said he talked the Russian language
and admitted that he had always
taken an active interest in Raten's be-
half and had called on Governor Mark
ham in his interest before his death
sentence was commuted. At times Ra-
ten was perfectly rational He would
not put up with much opposition how
ever, and was easily ratified.
| On redirect examination the witness
said he knew Raten to be law-abiding
which the prisoner had given some
boys on the street lot of nickels with
which to buy candy.
| To the court, the witness said that
| if Raten did a person a wrong he would
not realize that he had done SO.
At this point a recess was taken until
S o'clock in the evening.
A BORN CRIMINAL.
DR.. J. W. Hoisholt of the Stockton In
sane Asylum was examined by Mr..
Johnson of counsel for the defense. He
testified that on Tuesday he examined
Raten alone and later in the day in
| company with Drs. Huntington, Hart
and G. c. Simmons.
The records of the Stockton Asylum
| were introduced to show that on Au-
gust 20, 1887, Raten was admitted to
the asylum from the State Prison at
Folsom. He was returned to the prison
| in December following. The commit
ment was read, showing that Raten was
| then deemed insane.
| Dir. Hoisholt said Raten's trouble
| while In the asylum was paranoia, a
| form of insanity that is intermittent.
He saw no signs Of his shamming. He
saw marks about his ear and ear-lobe,
signs that mark the born criminal. The
| ears were not symmetrical, the head
almost pyramidal and the facial angle
| was particularly acute. These signs
mark moral degeneracy. They are not
| necessarily a mark Of insanity, but
show the hereditary symptom Of degen-
| eracy.
| His information regarding Raten' S
| heredity was only that obtained from
Raten himself He said his father was
sent to a hospital or asylum and was
there for two years. Raten was at the
ASYLUM about three months. Cases sent
| on probation are always kept at least a
month There are some cases of sham
| ming. The fact that Raten was sent
| back to the States Prison after three
months would be an indication that he
| was deemed unfit for detention. He
could not say beyond doubt that he
was insane. In paranoia there Is
HEREDITARY PREDISPOSITION.
| In it the individual looks at the world
through his own fixed idea, with ref
erence to himself. He came back al
ways to the loss of his money. The fact
of his forming the plan to see the Pres
| ident when he could not get his money
| from the Governor or the Sheriff, and
| his morbid idea of pursuing his plan
| and coming back here were indications
of the state of his mind. Witness judged
| of these things simply from what Raten
had told him. He did not know that
any of the circumstances told him We're
| facts.
A SOCIALIST. TOO.
Raten told him in substance that
the world owed him a living and he
proposed to get 1t. He told him at the
| two first interviews that he thought he
had a right to steal, If he had an op-
portunity, but at the third he said he
| thought he had not.
The District Attorney asked If the
doctor thought Raten knew the differ
ence between right and wrong, but
Mr.. Johnson objected strenuously to
| the question District Attorney Ryan
| said that was the whole question at