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


lit may be secret; and to hold
everyone mad whose acts can not
be accounted for on the Ordinary
principles of cause and effect would give
a general license. The la " itself implies
maB&e where the act Is accompanied
djhary symptoms of wicked, depraved
end malignant spirit, a heart regardless
(of social duty and deliberately bent upon
| mischief"
Commonwealth VS.. Mos!er. 4Pa. ST.,
2G4.
Boswell on Insanity, section 23p.
| To the same effect is the opinion of a
great English jurist which is noW ac-
copied law: 1T has been urged that no
motive has been shown for the commits
sion of this crime. 1t is true that there
! is no motive apparently, but very mad
equate one; but it is dangerous ground
to take to say that man must be Insane
| because men fail to discern the mbtive
| for his act 1t would be most
dangerous doctrine to lay down that be-
cause n man committed a desperate Of
Tense he was therefore ins ane,
as if the preparation of crimes was to
Reg. VS.. Stokes, 3 G. & X, 1856.
/ Russell on Crimes, %.
Taylor's Med. Jur., 657, 65S.
| Looking to the whole case, there is, in
my Judgment not only failure to les
tablish insanity, whether the foregoing
propositions be considered singly or to-
gether, but there is evidence strongly
tending to show that defendant is feign-
ing insanity. There is an entire absence
of any delusion as to facts, intelligent
efforts were made to conceal the crime,
yet "the presence of delusion has been
said to characterize an act of homicid9l
mOnomania while generalization, precat-
ton and concealment have been consid
cred the essential features of the adt
of II sane criminal
Taylor's Med. Jur., $50.
Buswell on Insanity, section IL.
The defendant carefully planned and
executed an escape from the state and
has never admitted his guilt, yet an in
sane criminal seeks no escape, delivers
himself up to justice and acknowledges
the crime laid to his charge"
Taylor's Med. Jur., 65S
Mann's Med. Jur., 1888
On the trial, while affecting not to no
tice the proceedings, defendant prepared
entirely rational notes in his cell on the
testimony given in the court room, some
of them referring to his mental condi-
ton. DR.. Graves testified that on a visit
to the Jail, defendant was talking of
his insanity all the time which attracted
my attention." yet experience shows that
in real insanity the person will not ad-
NIT he is insane; in the feigned state all
his attempts are directed to make you
believed that he is mad, and an imposter
may BE- induced to perform any act if it
be casually observed to another in his
presence that the performance of such
an act will furnish strong evidence of his
insanity"
Taylor's Med. Jur., 500.
DIR. Worsham testified that lit is the
rarcst thing fol an insane man to ad
mr. his insanity" In connection with
the concluding paragraph above from n
standard authority the testimony of the
jaier is important to the effect in taking
him to and from the court room during
the trial, defendant for the first time
struck his head against the window after
one of the physicians testified it was in
dlcative of insanity. The testimony Of
majority of the physicians who were
called rs witnesses in the case tends to
show that the supposed insanity of de-
PENDANT is unreal and II sham. DR..
Wocsbam, superintendent of the Austin
Insane Asylum, testified that defendant
is Stimulating in his actions" and ~"
he has recommended Communication
sentence, this should be consider
connection with his well known
ton to capital punishment. The
of many others to the same effe
be detailed, but it viii suffice u elel
to critical examinations made, by several
physicians. Before the trial and at the
request of the defense, these physicians
made thorough examination of defend
ant in which he met every test of SAM
ty. Subsequently and after the trial
begun. a second examination was made,
and while it is admitted on all sides that
there has been no change in his mental
condition, he failed on several tests
which were used at the first eXamina
ton. The physicians state emphatical-
ly that he was shamming and the fol-
lowing statement of one of them be-
cause of the intrinsic merit of the cri-
terion is almost conclusive of the ques-
ton. SIN every test beyond his con-
troll the test resulted the same as at the
first time; but in all the tests within his
control the results were very different"
The case has been carefully and thor
oughly considered in all its phases with
full appreciation of its Importance and
gravity. The friends and brothers of
defendant have my profound sympathy,
but | am an instrument of public law.
1t would be n relief to feel that through
the influences of civilization and religion
sane manhood were lifted above such
depravity but this is contrary to human
experience; and believing that defendant
committed this murder when rational,
interference with the province of the
jury to assess the penalty is unwarrant-
ed and the application is denied.
C. A. CULBERSON,
Governor.