The Portland daily press., 1896-06-06

I
stamina. But occasionally he oazed
"pouV the court room, and when his
eyes met those of any lady in the audi
onoe ne at once proceeded to stare her out
OF countenance.
| "heh The prosecuting attorney called
| Dr. B. 5. Sanborn to the witness stand,
| ttC o. 10, the spectators took shift in
0helr seats ami prepared to listen to in
1eFestlng testimony. They were not dis
appointed. DR.. Sanborn's testimony was,
III substance, as follows: "I have been
connected with the Maine Insane hospital
| oo years, 16 years as assistant superin
uehoent and IA years as superintendent;
am a graduate of the Bowd DIN Medical
school. The respondent came to the asy-
lun January 21, and remained there un-
TIL last Friday uring the time he was
uAere he was under my personal obser-
Walton. have been unable to detect
about him any hallucinations or delu-
slons. In all of my observation of this
case' never saw anything to indicate
that he was suffering from either of
these causes which prevail in large
| majority Of insanity cases..
| Attorney General Powers" What haV g
yoll to say as to his will power?"
DR.. Sanborn-''I should say it is fairly
good. His physical health was also fair
He gradually increased in flesh while
in the hospital. When he arrived he had
slight eruption of the face and a small
ulcer on the left leg, but these gradually
healed and removed any suspicion of
sickness. He ate well and slept well.
what have you to say as to his rea-
soning powers?''
| They are fairly good; he was always
coherent in his language, and in general
conversation manifested a fair degree
of intelligence
| In cross-examination, DR.. Sanborn said
the number, of patients at the hospital
averages about 720. There were about 16
other patients in the ward in which
Hurd was placed. There were in the
ward an attendant by day and another
by night
Senator Higgins Take person from
the home life and placing him in an in
sane asylum, would the conditions for
observation be as favorable as in his
own homer"
DR.. Sanborn-"P Perhaps not as favor
able. We classify our patients according
to their powor of self-oontrol. Mr. Hurd
was placed in a comparatively quiet
ward, an epileptic ward"
| This line of questioning being further
continued, DR.. Sapborn admitted that at
certain periods some of the occupants of
that ward were restless, and that during
such periods Hurd was probably some
what affected thereby.
| Being questioned as to whether an in
sane person might not, after comm lifting
such deed as the one in question, DR..
| Sanborn replied. In 500 cases out Of 1000
| you would observe subsequent irrational
acts in such q person.
| Senator Higgins-Was there evidence of
| melanoholia in the respondent?
Witness-He was introspectiye and re-
| flective, indicating saddened condition
of the mind; he seemed to be dwelling
within himself.
"Then you believe that the respondent
had been suffering from melancholia?"
every slightly
His mind was affected, then?'
1T was slightly morbid
"Did he read much while he was under
your auperyision'?'aass
Yes, ha read good deal; be read
muoh from the papers and also books
from the library.
Attorney General Powers then ad-
| dressed a series of questions to DR.. San
| born. The first was: "Was the re-
| spondent, during his stay i'll the hospital,
suffering! any delirium or insane de-
| lusionsp'
"Not any" answered the witness. s'He
was slightly morbid"
When asked for his expert opinion as to
| the mental condition Of the respondent at
| the time of the murder. the witness re-
piled: II believe he fully recognized the
difference between right and wrong"
Attorney Higgins-Do you base that
opinion upon casual observance of the
respondent while at the hospitalp
| DR.. Sanborn-I believe that he knew
| the difference between right and wrong
and realized the consequences of his crime.
Following the testimony of DR.. San
| born came the unexpected halt in the
proceedings, supplemented by a lively
dialogue between the presiding Justice
and the respondents attorney.
MI. Higgins, you may proceed with
your argument for the defense" " re-
marked the Court, when the announce
ment was made that no testimony for the
defense would be offered.
| But Senator Higgins replied that he
was totally unprepared and wanted time
to get his notes into shape for the argu-
ment. He suggested that the case go os er
till morning.
"That," replied the Court "would en-
tail the confinement of the jurors for per-
haps twenty -fours longer. This is a
season of the year when they are doubt
less greatly inconvenienoed by being kept
from their homes | will allow you half
an hour in which to prepare yourself
| Senator Higgins protested. 1t would
be absolutely impossible he said, for him
to address the jury with any degres of
conference, and in full justice to his
client, before morning
| Judge Emery extended the limit to
| three quarters of an hour and offered the
| exclusive use of his room to the defend
| ing attorney.
The protest was again repeated, with
more vehemence than before. Still Judge
Emery in sisted on his ruling.
Then," said Senator Higgins. in view