The record-union., 1896-11-18
HE ONLY ASKS FOR LIFE.
James Lee Pleads Guilty Of MolIie Aliens
Murder.
His Counsel Agree That He Should
be Sentenced to Life Inn
prisOnment.

Judge Hinkson yesterday morning
discharged the jury in the murder case
OF James Lee, charged with the muir
der OF Mollie Allen on Fourth street,
at the corner of the alley, between l.
and M. 1t will be remembered that he
lay in wait for the woman and shot
her.
When the case was nearly cJucluded
last week, John Shellars, one OF the
jurymen, died suddenly while on his
way to court, from hemorrhage, and
as there was a division Of opinion
among lawyers as to whether the Su-
preme Court would sustain decision
by eleven jurors, even through agree
ment of the counsel on both sides. 1t
was thought best to dismiss the jury
and try the case again.
When the court convened az 1:3O p.
m, Judge Hinkson asked what was
proposed to be done in the case of the
people against James Lee.
Attorney c. T. Jones asked that Lee
be allowed to withdraw his plea of not
guilty and plead guilty to the charge,
on condition that the court would
allow him to withdraw his plea of
guilty at any time previous to the pass
ing of sentence. He had consulted with
Messrs. Sprague and Prewett, his col
leagues, and they thought it was the
best thing that could be done
The court said that it was very un-
satisfactory to him that the charge
should be disposed of in that way, as he
would rather have a regular trial be-
fore a jury, where it belonged. but un-
der the circumstances he would accept
the plea and give the necessary
orders. In this case the defense
of insanity at the time the deed
was committed had been set up by
counsel. If the court were satisfied at
this time that the defendant was in
competent to make a defense he could
not accept the plea. In view of the de-
fense made, he felt it his duty to eX-
anime into the condition of the de-
fendant's mind and # satisfied that he
was not competent to plead it would
be his duty to institute an inquiry
He instructed the Clerk to enter an
order withdrawing the plea of not
guilty and entering a plea OF guilty
and allowing the defendant to with
draw his plea of guilty at any lime be-
fore sentence was pronounced. He
said also that he would like to hear the
testimony of Drs. Ross and Tyrrsll at
this time, if possible, as to their opinion
Of the prisoners sanity or insanity
Attorney Sprague asked that the
matter be continued till 10 a. III. to-day Y
as Mr. Jones wished him to conduct
the examination of the experts. Dis
trict Attorney Ryan, however. said that
he could not be present at that time
and the court said he Wou q therefore
hear the experts testimony now.
DIR. TYRRELL'S OPINION.
Dr. Tyrrell was called to the stand
and said he held a converse ton with
Lee last week for the purpose cf form
ing an opinion as to his mental condi-
ton. His interview lasted about
twenty minutes, but he would have
liked to have had more time in order
to satisfy himself. From his interview
he was inclined to think that Lee was
entirely responsible for gr-at many
things. He should call him sexual
pervert, and he had the brair Of a de-
generate. His head was not we'll
shaped
He did not know that his conduct
and answers would come under the
head of insanity, but he did not seem to
grasp things very readily. III answer
to long and complicated hypothetical
questions by Mr.. Sprague regarding
the circumstances surrounding Lees
birth and childhood and his habits and
acts about the time Of the murder. the
witness said that If the things claimed
were established, a sexual pervert
would not be in his opinion responsible
and could not help giving way to the
impulse to kill the woman.
In answer to a question by District
Attorney Ryan the witness defined a
sexual pervert and said it wss consid-
cred a form of dementia Sexual per-
version is not insanity necessarily. and
he was not prepared to say that Lee
was insane. His answer 10 the hypo-
thetical questions of counsel were based
upon the assumption that the claims
made were established by the tasti-
mony. II he threatened the crowd
after the shooting it would indicate
that he had reasoning powers and was
conscious of the position in which the
crime had placed him. He was not pre-
pared to say that he was insane. but If
the hypothetical statements % counsel
We're true. he should consider the de-
fendant was not morally responsible.
The court here called for the reading
of the testimony of witness Youngman.
who walked down the street with Lee
on the day of the shooting and Court
Stenographer Davis read it. Young
man stated that Lee took a walk with
him and showed him revolver at the
alley between l. and NJ, and said he
was laying for a woman aud intended
to shoot her. She was his woman and
had left him for Jap. He had taken
a shot at some Japs the n'gnt before.
He seemed a little excited, and said she
was his woman.
The court asked Dr. TyrreIl If, taken
in connection with the facts stated bv
Messrs Ryan and Sprague witness ha
caught a Jap in bed with his woman
and had done and said what Youngman
stated and had afterward waited for
the woman and shot her. in his opinion
he understood what he was doing.
DR.. Tyrrell answered that he would
think his mind was right anl that he
knew what he was doing a the time.