The San Francisco call., 1897-10-08
QUESTION RAISED.
VIII an Insane Man Be Hanged
for Murder?

SAN QUENTIN PRISON, CAL. Oct. T.
II Joseph J. Ebanks is executed tomorrow
at he San Quentin peuitentiary Cor the
murder of Mrs. Stiles and John Borden,
will the PRISON authorities be hanging an
insane man?
Such is the startling question that has
come up to-day and must be answered in
short order, for not only have people who
knew the murderer sworn that they be-
lieve lie is OF unsound mind, but affidavits
were received by County Clerk Thomas s.
BonEcau of Marin County at San Rafael
To-Day in which the atlantis claim that
Ebanks is N such mental condition that
TO hang him would be a crime, as he Is
not able 10 realize he enormiIy OF the
punishment which Judge Terrence of San
Diego passed upon him eight days ago,
when he commanded that Ebanks be
hanged by the neck until dead on the Slh
of October, at the San Quentin peniten-
tlary.
Tne latest developments in the case of
the murderer are extremely sensational,
and yet they will probably have no effect
whatever
rhis morning County Clerk Bonneau
received by mail letter from J. s. Callen
of San Diego, mem ber OF the law firm OF
CaileD 81 Rippey. who represented Ebanks
when he was tried and convicted OF muir.
der III the first degree by a jury in Judge
Spencers court in San Diego. The letter
stated tha Ebanks was TO be executed to-
morrow and in closed was one affidavit
and copies of several others which the
clerk was instructed TO hand immediately
to Superior Judge Frank NJ. Augeilotti Of
Marin County. The affidavits set forth
that Ebanks was insane according to the
best belief OF the atlantis and in conse-
quence they wished Judge Angellotti to
lake notice OF their statements and issue an
order for the examination of the murderer
as provided in the statutes.
The sffidavits fail to state that the man
is at present in San Quentin. III fact they
do not state where he is, but simply aIlege
that he is insane.
The copies of atfidavits inclosed in the
letter are in brief as follows:
Mrs, j. l.. Forgy OF Fresno says that she
is acquainted with Ebanks, and she be-
leves that he is insane. Her affidavit
taken In Fresno. is dated April u, 1897.
b. A. Stephens, San Diego, sets forth
that he is we'll acquainted with the mur-
derer, and through his observations of the
actions OF the man believes he is unsonnd
at the present time. This affidavit is dated
Octo Der 4 1897
J. Harvey MeCarty of the same place
modestly admits that he is business man.
ager of a paper and at the same time acts
as reporter. He had an excellent oppor
y
as his opinion that Ebanks is not of sound
mind.
Joseph Davis OF San Diego alleges that
he is we'll acquainted with Ebanks and be-
lieves he is insane.
This afternoon at San Rafael County
Clerk Bonneau presented the affidavit and
the copies 10 Superior Judge Angeilotti,
but the Judge did not see mt to take any
action in the matter. This evening he
said that be could take no action, as there
was nothing in the affidavit to justify any
action on the part OF a Judge, and conse-
quenily he saw TO reason why he should
interfere In the matter.
The Penal Code, section 1921, in regard
to the execution OF person supposed to
be insane, reads as follows:
If after judgment OF death there is good
reason TO suppose that the defendant has be-
come insane; the warden of the S;ata Prison 10
whom he is delivered for execution, with The
concurrence OF the Judge OF the Superior
Court of the county in such prison is situated
may summon from the list of jurors selected
by the supervisors for the year q Jury of
twelve persons TO inquire into the supposed
insanity, and must give immediate notice
thereof 10 the District Attorney of such county.
This evening Ebanks was interviewed in
the death chamber. He showed none OF
the signs exhibited by all insane man and
was indignant when it was suggested to
him that be mi ght be slightly out f his
miod.
Il have no hopes now" said he. land if
| must die tomorrow | will do so bravelv.
| did not commit the crime / was con-
victed OF, and ] am sure that il was TO
be given another trial l would be ac-
Quilted
Captain Edgar said tonight that Eu-
gene Deuprey intended to follow the ex-
ample set by the Durrant case ana apply