The record-union., 1896-11-18


by his answers after his arrest that he
realized the position in whicl, his crime
had placed him, if DR.. Tyrrell thought
he was conscious of right and wrong,
or not, the latter said he should think
that Lee was able to distinguish be-
tween them.
In answer to a question by Mr..
Spragu the witness stated that in MS
conversation with Lee he thought the
latter felt justified in killing the woman
and did not think he felt &c had COM
mitted crime
The court asked if the witness
thought there were men of cool tenn
permanent who felt justified in killing a
woman who had done as in this case,
and he answered that he thought there
Were.
DR.. ROSS DOUBTS.
DR.. Ross then took the stand and the
same Hypothetical questions We're put
to him embodying all the things claimed
as facts by the defense.
He answered that, assuming that all
the statements were true, it would show
that his intellect was weakened and
that he could not control himself, but
that that inability to control himself
would extend to his not being able to
distinguish between right and wrong he
was not prepared to state. OF course
he would not be as able to resist the
temptation to do wrong as a man OF
strong intellect. Some medical men
recognize such a thing as emotional in
sanity, but Others do not. There is al
ways a strong reason, where men make
the defense of insanity for their feignlng
1t when in conversation with medical ex-
pcrtS and make irrelevant answers, and
witness did not think he could surely
form a more intelligent opinion of his
condition by conversing with him.
In answer to a question by the court
as to whether a murder committed un-
der the circumstances stated by Mr..
Sprague, and his not trying immediate
ly to escape, he should consider it moral
or emotional insanity, he said he should
think it might partake of both. A man
might have no morals and yet be per-
fectly conscious of what they We're do
ing. Lees habits in youth would indi-
cate moral depravity, but he thought
it was barely possible that it extended
to insanity. Morally depraved persons
are generally conscious of whether
they are doing right or wrong From
the questions put to him the witness
was not prepared to say that Lee was
insane or unable to distinguish between
right and wrong. He was in doubt on
the question.
Ihe attorneys agreed to submit the
case, District Attorney Ryan stating
that it lay with the court to determine
the question of the degree of crime and
q SylQ n
have the county spared the expense of
a trial by Lees pleading guilty, and if
the court should feel that murder in the
first degree was the proper verdict, he
would be perfectly satisfied with a sem
tence of imprisonment for life.
Attorney Jones said that the attor-
neys for the defense had come to the
conclusion that Lee was all that DR..
Tyrrell had described He felt that he
had not had a fair chance in life, and
that all the demands of justice would
be served by the prisoner being SEN
fenced to imprisonment for life. He was
inclined to think that he was conscious
of the difference between right and
wrong, and thought that the people
would be satisfied with a sentence of
Imprisonment for life, and asked that
the court pronounce such sentence.
The court said that he regretted the
matter had not been determined by a
jury, as he should much preferred to
| have it so. He did not wish to come
to a hasty decision in the case, and
would take the question of insanity un-
der consideration and announce his de-
cision and fix the degree of the crime
and the sentence at that time.