The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1897-11-25
nine JURORS
ALL THAT ARE REQUIRED TO
DETERMINE TYLER'S CASE.
The Present Action viii Not Pr judics
Any Subs quent Cess-If Declared
Insane he Must Go TO an Asy-
Inm-The Testimony.

Insane tie Must Go TO an Asy-
Ium-The Testimony.
The inquiry into the mental condition
of Dominick Tyler, now on in the CON-
mon pleas court before Judge McCarty
and jury, is attracting wide spread at
tention, owing to the prominence of Mr..
Tyler and those with whom he was con-
nected in business, and the interesting
developments that would likely crop out
during a trial of Mr.. Tlyer on the charges
under which he is indicted. The number
of physicians interested and the diver
gence of opinion are features Of the case
and add to the local interest.
Many have an erroneous impression
about the character and scope of the
present inquiry and its effect upon the
criminal charges. Careful inquiry has
been made of Judge McCarty and attor-
neys in the case that the public might be
authoritatively informed as to the exact
status of the case under the issue now
raised.
This present inquiry is not made for
the purpose of discovering whether, at
the time of the alleged commission of the
acts for which Mr. Tyler is indicted, he
was sane or insane. 1t has nothing TO
do with that question, The issue in this
inquiry is simply: Is he sane now? The
law is too humane to place on trial an
insane person, whether sane or not when
he committed the acts complained of. So
provision is made for preliminary pro
ceeding of this kind.
The law provides that after an indict-
ment is returned against an alleged trans
gressor of the law, AZ before sentence
is passed, if it comes to the attention of
the court that there is a question as to
by reputable physician, setting forth
that the person about to be tried is in
sane, the court may order a special in
quiry before proceeding with the ques-
tions at issue in the original lawsuit.
The law provides that jury shall be EN-
panell6d and that trial shall be had as to
the sanity or insanity of the person at
bar. In this case the certificate was filed
by DR. J. +. Marchand, and the jury was
then empaneled and the case proceeded
with. The law directs that the defendant
shall take the Affirmative, and thus the
burden is on Mr.. Tyler's attorneys to
prove that he is insane, the state having
the defensive so far as this inquiry is
CONCERNED
The jury that is to pass upon the ques-
tion of Mr.. Tyler's sanity is composed
Of twelve men, yet the law does not re-
quire that all the jurors concur. Three
fourths of the jury, or nine, who concur
either that he is sane or insane is all that
is required to constitute a verdict. If
nine of the jurors say that he is sane, the
jury will then be discharged and another
jury empaneled to try the defendant for
forgery. Judge McCarty stated this
morning that the jurors who are sitting
in Judgment on this preliminary step
will not be allowed to sit in the trial of
the defendant under the Indictment, if
Mr.. Tyler should he declared sane. If
the jury disagrees, or nine Of them are
not of the same mind, a new jury will be
ordered and the inquiry will be gone into
again. If nine of the jurors are of the
opinion that Mr.. Tyler is insane the
verdict will be recorded and the fact GER
t fed to the probate court, where an order
for commitment will be issued and he
will be taken to an insane asylum for
treatment. The law is mandatory on
the question of commitment to an in
sane asylum. A party so aljudged in
sane cannot be taken in charge by rela-
tives and be kept at home. The law pro-
vides further, that if, after incarceration |
in an institution, the person 50 declared |
insane RECEIVERS, and is discharged by
the authorities Of the asylum, he must
be tried on charges in the Indictment |
The question, if there is a question,
whether the defendant was sane when he |
committed the acts complained of, is not |
in any way by the prclimi-
nary inquiry as to his now sanity. If
must come up in the regular trial, and as
4 part of the defense in the criminal ac-
lion.
Dominick Tyler was brought into COM
non pleas court at 3 $3.50 Thursday after
noon and placed on trial before Judge
NcCarty and a jury. Mr. Tyler stands
indicted for forgery and also for uttering
, forged instrument. The present phase
If the case, however, hinges on whether,
rs alleged, Mr.. Tyler is suffering from
,enile demcntia. If in the opinion Of the
ury, Mr. Tyler is demented, there will
De- no prosecution, at present at least, for
he forgery indictments, and on the other
land, if it is proven that the defendant
Is not demented, the trials win go for
ward at once. Hence the case at bar is
IN important one.
JURY SECURED.
The jury that has been chosen to sit for
the Tyler case is the one that heard the
Gusky case which was concluded Thurs
day afternoon at l;l5. Gusky was tried
rs indicted for receiving stolen goods,
and the jury at 3 o'clock returned YER
dict Of not guilty
The defendant being unable to speak |
or understand the English language, Mr. !