The San Francisco call., 1897-10-10
qHOUCHq TO
Be FEICuIuC
IMBECILIPY
Peculiar Condition Of a
Murderer at San
Quentin.
FRIDAY THE DAY FOR
HIS EXECUTION.
Doctors From State AsylumS
Cannot Agree as to His
Sanity.
DENNIS MCCARTHY AS A
CLEVER ACTOR.
Resident Physician Lawlor Says
That the Man Is Shamming to
Save His Life.
Doctors From State AsylumS
Cannot Agree as to His
Sanity.
DENNIS MCCARTHY AS A
CLEVER ACTOR.
Resident Physician LawIor Says
That the Man Is Shamming to
Save His Life.
Special Dispatch to THE CALI.

SAN QUENTIN, CAL, Oct. 9.-In the
! prison hospital, under the watchiul ewes
OF physicians and attendants, there is a
murderer doomed to die on the galiows
next Friday at some hour between 10
O'Clock in the morning and 2 o'clock in
the afternoon. The man is Dennis Nc
Carthy and his case is battling the prison
authorities, the doctors of the California
insane asylumS, and, more particularly,
DR.. Lawlor, the resident physician in the
big penitentiary at San Quentin.
Mccarthy may De insane, and yet he
may be only pretending to be out of his
mind in order to escape the death that is
TO be meted out TO him on the gailows
The physicians who have examined him
are divided on the question. In their
quandary they have appealed to DR.. Law
lor to observe the actions of the man and
then furnish them his opinion.
DR.. Lawlor is of the opinion that Nc
Carthy is shamming; that he is really in
his right senses and that the murderer's
real object Is to save his neck from the
hempen cord that may encircle it in so
short time.
Mccarthy, who is about 35 years of age,
committed m urder near Santa Rosa on
June %, 1895. His victim Vas George Fox
and the crime was unprovoked. He was
convicted on Novem Der ii of the same
year, and sentenced to be executed at the
San Quentin Penitentiary on January 81,
1896. but through the filing of an appeal
10 the Supreme Court the execution was
delayed. The Supreme Court finally
passed upon the case and affirmed the
judgment OF the court which convicted
him. Then Mccarthy was taken back TO
Santa Rosa to be resentenced, and the
Judge again sent him to San Quentin
Prison to be hanged on Friday, Arrii 16.
Mccarthy was sgain given a suit of
stripes and put into murderers' row.
Then questions as TO his sanity came up.
Friends appealed TO Governor Budd 10
have the man examined, as it was de-
clared that Mccarthy had soft spot on
the top OF his head which if pressed by
the thumb would send the man into
violent fits. 10 hang a man in such
condition would in itself be crime and
the Governor promised TO attend to the
case. Before April 16, 1897, had come
the day for McCarthy's execution-Gov-
ernor Budd granted reprieve until next
Friday, in the meantime making prepara-
tions to have some of The State doctors
examine the murderer and pass upon his
mental condition.
DR.. w. Hatch of the Stock ton Insane
Asylum, DR.. A NJ. Gardner. superinten-
dent of the Napa Asylum for Insane Peo-
pie, and Dr.. E. NJ. Osborne of the Glen
Ellen institution were selected by Cover
nor Budd TO visit San Quentin prison,
examine Mccarthy and report 10 him if
they came 10 The conclusion that the muir
| derer was insane and consequently in
/ h In IT,,
punishment. Tho three physicians came
10 San Quentin and made a close exami-
nation oil the man. Then they scratched
their heads in perplexity anc could come
| to no conclusion. Another examination
and still another. yet they came no nearer
TO sowing the question. Two believed
| him perfectly sane while the third thought
| him insane and a filter subject for an
| asylum than Tor the gallows.
| DR.. Lawlor of San Quentin was asked by
the doctors TO join them in consultation
and help to solve the question upon
which hung a human life. DR.. Lawor
| suggested that the murderer be taken out
| OF the iron and stone cell he occupied in
murderers' row and transferred TO the
| hospital, where he could be watched both
day and night, for il was claimed that the
man went INTO violent fits at times. The
suggestion of the San Quentin physician
was acted upon and Mccarthy was taken
from the cell ana placed IN one OF the
| hospital chambers To-day the doctor
said to THE CALL correspondent that he
beleVed Mccarthy was only playing the
part of lunaiic to escape the penalty for
his awful deed.
Since he has been in the hospital"
said Dr. Lawlor, "he has not had the sign
OF tlt He has been there over three
weeks, during waich time he has been
under constant surveillance and at no
time has he acted as if out of his mind. I"
1t is not generally believed at the prison
that Mccarthy will hang on Friday. and
no preparations have been made by the
| authorities for the execution