The record-union., 1896-04-19
RATEN IS LEGALLY INSANE.
So the Jury in His Case Decided YeSter-
Gay Afternoon.
The Physicians Had Considerably Mod
lied Their Opinions Will Not
Now be Put on Trial.

sanity of Simon Ratan was continued
yesterday.
Win. ]. Davis testified that he took
shorthand notes of Raten's statements
at the examination after his arrest ana
arrival at the JAIL but did not take down
some extraneous things that We're SAID
and that did not pertain to the case es-
pecially.
J. w. Hughes objected to the intro
duction of a part of the conversation
and not the whole, and after some dis
cussion the court sustained the obJec-
ton to using the notes.
Mr.. Davis said that Raten did not
mention money until he asked him why
he went to see the President. He be-
heved Raten was not up to the norman
standard of mentality, but that he un-
Gerstood fully the situation he was In
and the purpose of the questions asked.
Jailer P. r. Beckley testified that he
saw Raten nearly every day, anu was
present when Nelson visited him. 1t
was after hours. Nelson told Raten
that he had not been telling his lawyers
everything, and told him to tell them
sill his movements before and after the
murder; that he was Raten's friend
and that they had occupied the same
cell at Folsom for four months Raten
said that he knew that Nelson was his
friend and that he would do as he was
advised There was nothing unusual in
his manner during the ten minutes
they talked.
Raten did not ask Nelson to stay all
night with him, and witness did not re-
member anything being said about
money. During the first week after his
arrest he talked about the time of his
arrival at Rutter's, and when parties
came in he would say that the man he
worked for would know that he came
there on Tuesday. After he learned
worked for knew that he came
to his house on Wednesday he never
talked about it any more. In speaking
of his old trouble, he sometimes spoke OF
money matters. After his trial for
murder began, when witness asked him
about the jury and about his witnesses,
he told witness that they had secured
all but one juror. He also said that he
had as witnesses Nelson, Ben Steinman
and some other man whose name wit
ness could not recollect. He said he did
not know how many witnesses he would
have
Witness never saw anything that
would indicate anything wrong about
him as far as regarded insanity.
E. s. Wachhorst stated that when Ra-
ten applied for his papers of citizenship
he said that he thought he had been here
long enough to be a citizen, and did not
know he must first declare his intention.
Raten told him that he had never de-
clared his intention in any other county
and he finally took out his first papers.
They had about twenty minutes con-
versation and witness saw nothing in
his manner that indicated insanity. He
acted like any other man would in max
ing an application.
Attorney Hughes moved to strike out
the testimony of Mr.. Wachhorst, on the
ground that he was not we'll enough ac-
quainted with Rateu to give an opinion.
hut the court thought he was qualified
and denied the motion.
Assistant District Attorney Jones tes-
titled that when Raten was arraigned
and was asked if he had a lawyer, he
said he had no money with which to
get one. The court asked him if he had
counsel and he did not answer, and as
witness thought he did not understand
the word he asked if he had lawyer,
when the court asked the second time
and Raten then said that he had no
money with which TO get one.
C r. Jones corroborated Mr.. Jones
testimony, and said the court told him
that he did not need money, as he would
appoint counsel for him. Raten pleaded
not guilty.
You asked that at the same time
the court was speaking, did your" asked
Mr.. Johnson.
''At practically the same time" was
the reply.
And what did the court say to you
for speaking when he was talking?
asked Johnson.
"Oh, don't get funny" retorted Jones
Johnson and Jones then began an al
tercation, which the court put stop to-
Dr. Hoisholt was recalled and testi-
fed that after listening to the later tes-
timony of Warden Aull and the Sheriff
he had come to the conclusion that the
prisoner wears a mask, and that he is
of sufficient intelligence to comprehend
the position in which he is placed. He
had changed his ideas in that respect
and now thought that Raten compre-
HtDQeu MS SlIudliOH pctlti iAS 1ie'N
before thought he was able to-
DR. Simmons, being recalled, stated
that he knew nothing of the later testi-
mony, except what he had read IN the
newspaper reports The attorneys for
the defense objected to the newspaper
reports being made the basis of his opin-
ion. and the witness was temporarily
withdrawn.
Dr. Huntington said that his opinion
on the subject of dissimulation was un-
changed, but he was convinced tha'
Raten exercised more low cunning thar
he had before thought. He had no doubt
that Raten comprehended that the pro
ceedngs were on the charge of murder
f. but he doubted If he fully understood
the circumstances involved in it. 1t die
not seem to him that he would be com
petent to direct his defense. He be-
lieved the prisoner to be mentally un-
sound 1t is impossible to draw the
line between responsibility and incom-
petence in insanity
This closed the evidence.
1t was decided that the arguments OF
the defense and prosecution should be
alternate. and j. w. Hughes, for Raten
opened the argument by stating the
law under which the inquiry was being
held He said that there was only one
thing for the jury to consider-that o1
the sanity or insanity of the prisoner
He reviewed the testimony of Nelson
and Lincoln White, and said that the
acts described were those, of an insane
man. So also with the evidence o1
marlborough. He also adverted to the
testimony Of Beckley and Fisher ano
asked the jury to make allowance for IT