The record-union., 1896-04-19

munity and take care of himself all
right. Warden Aulls testimony con-
corning his behavior during the eight
years he was under his care showed
tnat he was like other prisoners. When
he infringed the rules and was pun
lshed he obeyed them thereafter.
There was nothing unreasonable
about his wishing, after his release, TO
collect from the railroad company the
money owing to him when he killed
Lansing, and which his attorney drew
He probably heard from Nelson that
the latter was remunerated for his un-
merited Imprisonment, and it was not
| strange that he should endeavor to 90
likewise. In his trip to the East ana
back he showed business sense. he
showed his snrewdness at Rutter 5.
in planning his defense and trying 10
esta plish an alibi, and also his remark
that it was easy for anyone to have put
the pistol in his bed. lie showed lfFtel-
Ggence when he pleaded not guilty anu
said he had no money with Whlch 10
procure a lawyer
The law never contemplated that Such
men should be taken care OF IN an IN
sane asylum, and when he was sent 10
one he was soon sent back 10, prison.
| The law provides another way TO take
! care OF them and to protect society
Raten has frequently consulted with ms
attorney, Mr.. Hughes, when witnesses
were testifying and some point mas
struck him. The question is, does ne un-
derstand his position and what ne IS
| charged with; to make his plea anu
| frame his defense? He has shown thal
/ he does and that he planned his de-
fellse before he had counsel. He must
therefore, be found accountable. lnsan-
! ity should not be made a plea tor es-
capes He wanted the jury to welgh
the case carefully.
Addressing the court, Mr.. Ryan
claimed that as in civil cases three
| fourths of the jury could hnd YER
diet. Mr. Johnson and the court con-
CURED in the opinion.
Mr.. Johnson argued that when man
| is sick, he does not go to the Sherlil Vi
a lawyer but to a physician. Inc jury
! should set the evidence OF the DOCTORS
against that of the opposing witness.
All the physicians had testified that
Raten was insane and not one had testl-
| fled to the contrary. The jury was not
settling the question Of his quit OF Oh
/ his innocence or of whether lie snould
ever be tried again. The question was
| only whether he should be tried now or
after he recovered his reason, il he ever
does.
| He defied any doctor on earth to say
when a mans mind is diseased that he
understands the difference between
right and wrong. Does a sane man
have no belief in laws and no fear or
punishment for violating them? III the
/ Jury brings in a verdict that Raten is
i sane it does an injustice to him, to
| themselves, to his counsel and to the
State He appealed to them to show
him fair play.
Fishers testimony did not tend to es-
tablish Raten's sanity, but to the con-
trary. Warden Aull would not say that
he was not insane and his evidence
| tended to the supposition that the pris-
oner was insane. He was sent to the
asylum on account of insanity. If he
was insane then, has he ever been sane
since? If he had not been insane then
he would never have been sent to the
asylum.
He asked them on behalf of this man,
standing alone and friendless in the
shadow of the gallows, to give him a
chance for his life.
| The jury was then allowed to leave
| the room while the court settled the in
structions to be given to it. The first
| instruction asked for by the defense was
that, as Rattan had once been confined
lac ipcapa cbnu1d he con ci6ara6 nv tha
jury and the presumption is that he is
still insane.
| Mr.. Ryan contended that this instruc-
ton should not be given, as when Raten
was discharged he was discharged as
cured.
The court changed the instruction to
read shall be considered insane until
returned to the States Prison"
The jury returned to the box and was
instructed by the court that they were
to determine whether Raten was capa-
BILE of comprehending his situation and
conducting his defense. If SO, he was
to be considered sane.
In a criminal action a charge must be
proved beyond reasonable doubt, but
in civil action only a preponderance
of evidence is necessary The burden of
proving by a preponderance of evidence
that he is insane rests all through the
trial on Raten. If they believed that
any delusion regarding his money would
stand in the way of his being able to
defend himself on the charge of mur-
| der, they must find him insane. In de-
termining his sanity or insanity they
should place great reliance on the ex-
pert medical testimony.
the verdict of insanity, and the jury was
out only five minutes before so deciding.
| q 4o5 CNICHEp