The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-05-08

Mrs. Lou Hamilton viii not be ar
raigned in court today. a council OF
physicians composed of Drs. McKenna.
Niles. Root and Witcher having decided
she is not in condition to put in an ao-
pearance at this time. DIR. McKenna
would have been entitled to rank as a
colonel. had this been a military pro-
ceeding. with the others as majors. He
was surgeon-general. as it were and did
what little talking there was done.
Accompanied By Attorney Fred Nc
Gurrin, the physicians visited Mrs. Hamil-
ton in the jail last evening They were
there long time, possibly for an hour
or more. During their stay they made
complete examination of the prisoner
condition, and when they emerged from
her apartment. over the oIice of Jailor
Levy. they looked grave--very grave
1t so happened that DR.. Mckenna was
last to come out into the open. By that
time the others had al been asked as TO
the condition of AIRS. Hamilton. to which
each responded by that wag of the head
SO peculiar to medical men when they
have done something to which they will
have to testify in court. DIR. Mckenna
wasn't bit communicative either. He
said in reply TO questions asked that he
did not care to state anything in connec-
ton with the examination at all
We have held no consultation, he re-
piled, land there Is nothing that l can
say to you in connection with it, until
after we have talked the matter over
We'll, viii Mrs. Hamilton appear in
court tomorrow: is she physically able
to appear there?
This was touching DR.. McKenna on a
point where he would talk-just a little.
He again assumed the look of gravity
which he had let so for moment and
replied: In my opinion she IS not able
to go into court"
The doctor wasn't very communicative
after that for several minutes. lie talked
about the weather and the floods un the
canyon and several other little trivial
matters until finally he said once more:
No. in my opinion she is not able to
go into court. Her nervous condition is
such that would not. as physician, ad-
wise Il. She has a nervous affection
which would be aggravated by any such
course. OF course L am not discussing
the causes which led up to this condition,
as this is a point which we have not yet
considered, but we have each made q
careful investigation of her case. / shall
advise her attorney that she ought not
appear and undergo the excitement of the
proceedings N court.
The physician then dilated little about
the condition of the jail, which, by reason
of defects in construction. was not prop
erly ventilated. 1t was hardly fit place
for a woman in her condition. in his judg-
ment, although that was a point he had
not discussed.
Attorney McGurrin had nothing to say
either. He LETT the entire matter to the
judges of the case-the physicians. How
ever. before the examination took place
he Informed n reporter that he did not
client, ard minated he would make an
effort to have her quarters changed. This
will doubtless be attempted at the session
of court this morning.
Now. having reported all parties as ac-
curately as possible. il may be well to
state that probably the defense of the
prisoner will be that she was not mental
ly responsible for the killing of her hus-
band; that she has been a sufferer from
mental condition since childhood, which
she had no control over, and when she
ll1 how rr-la nd rt1,t
moods, or conditions. which result from
disease Of this charaeter: that an effort
will be made to prove that attacks of this
debility continue for days at a time and
that her highly sensitive nature was in
such 2 condition from the time the
r a'7.- hcean IN intense attack on that
fatal night that she has not recovered
1. lite, aave at rare intervals; that
to take her into court at this time to
plead, when she is still suffering from her
ailment. would be to prejudice her case.
inasmuch as she might do and say things !
which would AVAIL her nothing, as
woman afflicted as she is might do
There is every reason for believing that |
when the state shall have offered all its |
evidence the defense viii then put expert !
testimony on the stand to show the ex- |
istence OF this airnent; that it will then
acter, to demonstrate that her actions |
since childhood have indicated that she !
has been a4i-etednfronl that time on. J
Then more EXPERT testimony may be |
to Show that the weight of the |
IS that actions of this char |
acter indicate the presence OF the H,alady |
This done. some more testimony will be |
offered tending to show that intense ex- /
element caused by a quarrel the "a /
ception of knowledge that her hush II /
was going to expose her for infdelity and [
seek divorce on that ground. or similar /
causes, would throw her into q state /
where she would not be responsible for
her actions: would not know what she /
had done and would be utterly at 'sss
to explain or give any cause for It
had happened.
This done. the defense would then at
tempt TO make ca1ital OF the evidence
given by witnesses for the state. There
may be an effort to show that after the
shooting, It was perfectly natural for
her to remain in the yard with the dead
body of her husband for a time; perfectly
natural that she should shoot off all The
natural that she should be unable to
tell what had happened or to assert that
She didn't know; she guessed he COM
nitted suicide" The theory of justifica-
ton or of self-defense, it is thought viii
not be attempted: neither will there be
IN effort to show that Hamilton took his
own life 1t will be very doubtful If
The defendant is placed on the stand at
ali when the case comes to trial II the
evidence of experts can demonstrate the
alleged condition of the prisoner IL will
De maintained that she did not know
what she was doing at the time: that I
she does not remember what han,eued /
IT the coroners inquest, but was in
condition where her mental faculties ut
erly failed her and life was a sort Of