The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1896-05-25
no HOPE FOR GEM
Judge Lippincott Rules That
There is No Proof That
He is Insane.
TO HANG ON JULY IS
A New Trial Useless Because Every
Fact for the Defence Was
Elected.

Justice Lippineott and Judge Hudsps st1is
comprising the Court of Oyer and Tar<
miner, denied, this morning, the app1i-
cation for a rule to show cause why this
verdict in the case of Paul GEM, the
murderer of Clara Arnirn, should not
De set aside or certified to the Supreme
Court for a hearing. GEM listened to
the decision with evident interest JUS
tice Lipp;ncott read the opinion of the
Court, which was very elaborate. He
said the homicidal act had been clearly
proved, in fact 1T was not contradicteds
The defendant had fired four pistol shots
into his victim. The State had pressed
for a verdict of murder in the first de-
gree and had fairly presented the facts
to the jury. The Court had also subs
mi1ted the case fairly and without CONS
ment. Every fact had been ELECTED by
the defence that could have been -eliciteds
The Court was unable to see how the de-
fence could procure any more evidence
than had been presented.
The only defence set up was insanity.
1t was claimed that at the time of the
shooting the defendant was unable, ow-
ing to mental disease, to know what fla
was doing. He was unable to know the
nature of his act owing to mental inn
pairment. The Court told the jury that
If the defendant was so mentally inn
paired as to be unable to distinguish
right from wrong they must acquit. Tbs
law has no prejudice against the defenea
of insanity. The Court even went gse%
yond the requirements of the law in tue
defendants behalf and charged the juiFV
that if any reasonable doubt existed in
their minds as to his sanity they must
give him the benefit of it and aeeuit hims
Justice Lippincott Then. read the rule
of law as laid down by Justice Depue iii
the case of Graves against the State ana
afterwaFd sustained by the Court OF
Errors and Appeals The lazy rejeots4ths
theory of emotional insanity, that a PER-
son can be sane before the commissi0ts
of crime, insane at the moment AZ
committing it and sa9I aanmediatelT
afterward That doctriY Is repudiated
by the law. The jury 1eterrnsned thas
the defendant knew right from wrong
and the Court must not encroach lspoN
the province Of the jury.
After careful examina ton Of the rest&
mony the Court is convinced that thS
prisoner utterly failed to establish his
insanity. Sentimentality cannot be per2
llaitted to obstruct the course Of ips$ices
A4o act VI LHe 0GlSIlozAtlS was The facb
of one who knew that he was about to
kill. He deliberately prepared to kill
Clara Arnim and did kill her. There was
no evidence to show that he was not fuzzy
aware of the act he was about to core4
init There may have been a moral iys%
sanity but to relieve a, defendant from
responsibility for that reasoll would ia
TO abolish capital punishn. r. DR., Co@Y
verse said he. would not siell q certifeats
of insanity for the defendan rh4ra
was nothing in the evidence of ts.e :
fesslonal witnesses to show that, the 49,
fendant was insane. The verdict was
satisfactory to the Court. Any other
verdict would be contrary to the evs@
dence Tr
Prosecutor Winfield moved for. sentences
and Genz was ordered to stand up The
slightly. u
Have you anything to ssay.'' asked
Justice Idppincert, why sentence should;
not be passed upon your
Honor replied Genz
Justice Lippincott then sentenced EhirH
to be hanged on Tuesday, July Is, JUST
one month after Maekin's exectkton
Genz made a profound bow to the Court
and, was led away by Constable Jod
Locke.