The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1898-01-27

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NO CIV r'eht Io,hser ~
tho S SpfnWH J" tho vii no,yar no 20
ras;st do;,.sn n. i., VII ,,xst
Lnns, ~ 90 ",'n Ev as xn S.
nat;"n th w Dt mons, ss,s, ena
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7 pe,SI9% DO nour lueSioh IePrssen,s,
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d;d thn;n eathar H. ~ IN SWaoto,,' rs ".
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t;aliv as that % tba nnas NJ on m
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defense. having had the "b bynot S t
question OF the d s.e propounded TO
him 70 he Morally ,;nsane I ,,oc Jr'bS v
m,nroi ;ns,n;tU th.t thal , nSnneal
a;cted 10 dnnyo vad ami Nv e,eon 30 al
sense hnt has h;s raa.onhnc g. ,,'.;a
Tharo or u t;%os w,han sun aaeu,.les,'
would no temntod and could ras; pis s,n
temnto 10, ond thora ro t;n,as ,,,ho wy
could not and smcb q nersnn i,m n me
oftan tanntad tbon nthers and be ,as;,,s
| temntot;np Loco hacausa b;s non,a, to ra
sist was weak No matter what The ten,,
tat;on v,as" IN nross-ax" n;nation th?;,
WHITES sold. aI hove never Jur;na nS
| ;ntary;o,us ,,;th tha lafondont net;caN
anv ev;Jenca Of ;nson;tv md bod NOT
! and would never have cxnactad n !" Dr
' p Tal,u test;SaJ for tbe dafonoa.
~ an, nenr,v "a ya,rs old have
known the iafendont n bout ton wears
Ine ' hs mnther and do fatho zen s snrs
am a douhIo frst cona;n Of Tho Jofon5.
ont's mother Inew tho do
| fandont,s yrondfothor 40 fothor 90 h;s
mother and ba u,as danl,raJ ;nsona nv
the co,,rts If tbo st,te Of Genr";, and
was confined in the ASYLUM for the in
sane, but under the laws of that state
| ne was Dalled out by his famiy ana
guardian appointed for him for three
years, he being Under restraint out in
the country on farm. where he finally
aieu ali illpeclie' ~ NY mGtner II
,'ee auit ul .hs ueuu an ahu s I;e mas n;
suH n;o,o 1re 3 nysIera an Oh her hie III
cousin nf dofnndo nt's mothar Why io q
cousin vi uelenuaht mother, wno mas
epilepsy IN mild form. l also nave a
oous;1 VIZ nav p;iiepsf III III was
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SradnoIIv Want d"u ;rtn ot,Sr SM a and
An WI; u""T ih'9 stpp'Il,y an, anu
tnst;sod. ..f ,,,, &c ~ ~, ~ a.i" ~,
tbo to.t; am vi ',e op,,Ym, o"set Ot
tbo desondont ,ns u ot ;nsn,'n =, .n 10,
diva, onnant,t;o,, ne ny .hnt -, h,'. IL
u,na e 'ran, u 10 10 -, ~ ~ ,ne
n;do.o ~ an .;'.ht ,,u, IN MI a., eo
slderatlons OF right and wrong did not
-" '''' '"'''e NV WIN MN 40 .'''
had upon normal mind. L re-
gard the DEFENDANT US congenitai moral
perVert, that ne is a person VINO mas
no! the normal amount OF moral sensl-
Dllltles that other people possess On
cross-eNamihation the Witness salu:
| have seen the defendant sitting here
during this trial 1t is my opinion that
he is Stimulating. He is trying to simu-
late insanity, / suppose" DIR. Il. M.
| Swearngen testified for the defense.
Taking the defendants history and his
| family history and my knowledge of him
personally and all the testimony in the
case and assuming that he is the author
of the massacre of his wife and children,
| say that he was undoubtedly insane
and lunatic when he committed the
ldeed. OF that | have not the slightest
doubt. The defendant is what we call
or class as a congenital moral pervert
and his mind is of that class of disor-
dered and diseased minds" The court
charged the jury on the features of in
sanity as follows: "a safe and reason
able test in all cases would be that
when ever it should appear from all the
evidence that at the time of doing the
act the defendant was not of sound
mind, but was affected with insanity,
and such affection was the efficient
cause of the act. and that he would not
have committed the act but for the af-
lection, he ought to be acquitted.
Altboupb n man NAV no l,boriny undor
Martial insanity ~ no still understands
the nature and 'charac ter Of his act and
IFS conseouence. If he has knowIedpe
that II ia wrong and criminal and mind
sufIicient to onnIv that kno,vjadgn to his
own case and TO know thot IL be docs
the act he will do wrong and deserve
punishment such martial insanity is not
sufficient to eyemnt him from resnonsi-
ia not necassorv that tbe insanity of tho
defendant shon,d ha esta bIishad herond
a reaaonahJa doubt. II ;s sufficient ;f Il
| no esta hl;shoS Nv tho we;ebt M nre.
nonderance of evidence Iris CHARGE of
tho court is No jovbt narfectix fa;r
md correct and vat nndnr n tbe inr,
in this cas,, nre loft w;tbnut n, oltcrna.
five for II Certainty did NOT aannear
-, ~ -, :J' IL ~ "Pp.e"