Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-10-24

iieuitLteo hiliii5 Oh human DelnS WIN
malice aforethought. Murder in the sec
ond degree has all the elements of murder
in the first degree. excepting that of de-
liberation.
Gentlemen, applying on the law, the
court has given you two different instruc-
uons as to homicide. He has instructed
you In the first degree, If you find the de-
liberation and premeditation. If you find
the premeditation without the deiberation,
then 1t is in the second degree. This is
simply obeyIng the dictates of our new
humanity law. II the defendant went and
purchased this weapon, as the evidence
shows he did, he must be presumed to have
done SO wickedly and with Il bad heart.
Ihat needs no commentatory. If. there
lore, you, the jury, believe from the evil
dence in this case that the defendant took
| a life-that of Lyman Berger-by shooting
nun IN a vital part with a pistol, shooting
nm through the lungs and the heart shoot
ing him once and as lie staggered back in
| that doorway from the street. shooting him
| large as a rifle and as long almost, and if
| you further believe from the evidence in
| this case that, the defendant took the life
or revolver. did he not have malice, when
NJ, ne =. said. ia Il killed M the 49,. 80. I
murder in the first degree?
But as have said before, the humanity
| of the law steps in and tells you what
Bible, but not in the Mosaic law altogether.
When L want the law to cover a case-to
govern E.nnI5 q easeEl 70 to the laws of the COM
fancy sketches of the home. Of man, and all
that. The court tells you this: Even
though you should believe. what? That
husband that the deceased had sexual in
tercourse with her. and how, and the de-
fendant had killed DR.. Berger because Of
q aSgtn Sa1 k,xS
nation regret it, but the courts in
structions. in this instance and under these
circumstances: tell you that you cannot
acqult the defendant. But what may you
do? You can take this into consideration
aor the sole purpose and for one purpose
| the existence of deliberation at the time nf
| the killing.
Mrs. schleEel's Story.
| Gentlemen. physical facts speak for
something. You heard the narration that
this lady gave; she called upon the doctor
at his office; the doctor did not even seem
to be social; he got his mail and opened and
read 1t, and some telephoning was done
| he then examined the lady's tonsls; then
she went to so out and he caught her by
the right ankle and pulled her down into
his lap. That is the evidence. The bare
statement. letting out the question of
wrong. is absurd. I ask the probability or
improbabiity of this testimony.
! Bring to bear, gentlemen, your mind
your judgment, your knowledge of human
Wo e M sf!sf % %sars a e1ss shs 2,
her quss4ths vi4ia shIsf Jewel in her crown is
propertyNher honor never @ VIII sntIamae' s,ela mte'
take this evidence-this improbable may
say. apparently impossible story: She goes
home about o'clock in the afternoon; she
meets her husband; you will remember the
broke in and corrected her testimony? She
| Went nome; there was no evidence of tears
| there was no evidence of Il struggle; but
as lar as the evidence is concerned, every
been up to the. doctors. and the doctor is
coming down here on Thursday morning
aP9It 10 9el9ck Sec}o to cut out tonss
husband.
Here happens the strangest of all trage-
| dies. Bring again to bear the experience
that must attach to every man: Why were
yon oI o4traged? the husband would ask in
not ask her any questions. They said the
defendant had revolver. Where is my
win follow him to the he ends ends Of if'f the a earth.
| But Mr.. Silverman says that the German
nature is phegmatic; it does not move
qGainiance With Germans. Germ M and ensSs Know "ef Of
| their history and the work of their civil
Of mem ma at is kme% aS heTe is
believes in the majesty of the law: but. be-
lleylng In that they resent an insult, and
we have wiped out from ours. an officer
who is insulted may send to the gallows
in the army, Talk about the German peo-
What did the defendant do then? 1
must ask you to take her testimony. as. the
No. What. was done. This is the answer
| that came back from her lips:
| He said nothing, 1t ended there
"If 1t ended, gentlemen, take 1t to your
The Insanity Plea.
There has been set up In this case the
| ground Of insanity as defense. 1 am not
belittling that defense nor the defendant
| A man is thrice blessed who is permitted
| to take his burden of life for a pillow and
| lay down in long, dreamless sleep that
knows no awakening, when compared to
| the poor man whose reason sits trembling
| upon her throne. I am not here to belittle
the defense of insanity but 1 have con-
tempt for that kind of insanity that ap-
pears which is cured by the discharge of a
weapon pointed at a human being. How
| has this man acted? The wife was with
evidence that he lost sleep; that he lost his
| appetite; that he failed: lost flesh: that he
| was less social with his family than he
had been before. Not word in that direc-
| ton did she say
Major Warner here reviewed the evidence
of all the witnesses on the question of in
sanity, and. continuing, said:
| Should this defendant live threescore
| years and ten-the allotted time of manor
by reason of strength his life should reach
to fourscore years, there will come Il time
| in the stiffness of the night, voice say
ing. He did it There will be no place so
dark; there is no cavern so deep but that
the finger of DR.. Berger will be pointed at
| him. All the water in the Missouri river
| can never wash the bioodstains from his
| hands. The man who taketh the law in
his neighbor.. must answer at the bar of
| justice according to His law
| Major Warner next read the indictment,
| instruction of the court and reviewed the
at might be asked with much propriety,"
he said, why is it that all these months
| since the killing on the sth day of July
| why is it that of all these men this little
between twelve and thirteen years. running
| a grocery store-why is 1t that in all this
| time he brings in just seven witnesses to
| prove his insanity? And what do they tes-
tify to? That sometimes he was slow in
speaking; but he did his own work: had no
! clerk; attended to his business: was treas
urer of the lodge he belonged to; attended
| lodge regularly"
Major Warner commented on SchIegers
letter sentence by sentence. and added in
| closing:
"Gentlemen, 1 doubt If ever in any court
of justice Il plea of insanity was ever set
| up by learned counsel which had SO fiimsy
a foundation TO rest upon as this. And then
cutting attorney. referring him to parties
who could vouch for his ability to meet his
obligations. Are these the acts of an insane
man? 1t is an insanity that demands money
nv fret hgt f.fIi irty t,, tI,rt