The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-02-21
SAY THAT FLANAGAN IS SANE.
THE JURY FINDS THE MURDERER
MENTALLY RESPONSIBLE.

The Defense VIII Now Demand an
Inquiry as to His Condition at the
Time He Committed the Crime.
Two Different Issues Involved in
the Two sanity Inquiries and the
Case One That Can BE Kept i'm the
Courts for Years by the Defend
ants Attorneys.
Atlanta, Ca, Feb. 2O-The jury, which
has been having the Flanagan case in
hand for the past week, returned a verdict
tonight that he is sane. The issue was
whether he was sane enough to be tried
for murder His counsel viii next de-
mand an inquiry into Flanagan's sanity
at the time the murders were committed,
Dec 81. The evidence in that trial, which
will be heard in about two weeks, viii be
principally the same as that given in this
trial
The verdict of the Jury in finding Flana-
gan to be sane was not a surprise to the
attorneys for the prisoner. They expected
this and Col. Glenn said tonight they are
prepared TO meet it by carrying the case
to the supreme court The calling out of
the military, as well as the test of insan-
ity as construed by Judge Gambler, the
attorneys for the prisoner are confident
win secure another trial on the present is
sue of insanity, the issue being whether
or not the prisoner is now mentally sound
and capable of rendering assistance to his
counsel.
The test as applied by the court was
whether or not Flanagan is now mentally
able to distinguish between right and
wrong, and to know whether his act was
right or wrong. The supreme court will
be asked to pass upon this point and to es-
tablish a precedent as to the true test
to be applied in future trials of the kind.
In the demonstrations of mob violence
and the calling out of the military to pro-
tect the prisoner the attorneys for the de-
fense are confident that they have all the
ground that could be asked for
a new trial. The excited condition
and prejudice of the public mind during
the progress of the trial, they will contend,
made 1t absolutely impossible for Flana-
gan to be given an impartial hearing, the
jury being in a measure terrorlzed in re-
turning the verdict of sanity for fear of the
| consequences TO themselves IL they had
| found him insane.
The trial, aside from it's exciting feat
ures, is one of peculiar interest as il es-
tab.ishes a new avenue for delay in cases
behalf of murderers. Under these circum-
stances an appeal will be taken to the su
preme court direct on the allegations Of
error In the lunacy trial. OF course, while
| this is pending no further steps will b'
taken and thus much delay win result. 1
| the supreme court refuses to order a new
| trial on the present issue, then when thu
| prisoner is arraigned again, and other pleS
| Of insanity, alleging insanity at the time o
the commission of the act, will be entered
! and the trial had on that. Another appea
| to the supreme court can then be taker
! and more delay occasioned, and If this Il
| not successful in having a new tria
| on that issue II will mex
! be in order for trial on the indictments fol
| murder with the usual delays attendant
| upon that kind of a proceeding. This tria
| cannot now be proceeded with because o.
! the fact that the supreme court may sus
tain the appeal and order new trial or
| the present issue of insanity, and In tina
| event any proceedings between now anc
| the ascertainment Of the Views OF the su
preme court would be wasted.
| The defense in addition 70 lighting for an
other trial on the issue of present insan
| ity will claim a change OF venue on TN
| ground that Flanagan cannot get an I'm
/ partial trial In DeKalb county, as ma
! been shown by the necessity of calling
| out the military to protect him.
| Flanagan was brought TO Atlanta TO
| night on a trolley car under guard OF {
| squad of militia and safely landed In tn
| county jail where he will be held for saf'
| keeping until his next trial.