The record-union., 1899-07-26

be some conflict between the statute
and the decisions of the supreme
Court relative to the matter, and he
took his ruling under advisement until
the afternoon session.
After the noon recess Judge Hughes
overruled the objection and allowed the
deposition to go in, whereupon it was
read by the District Attorney.
Harrison Bennett, cashier of the Sac
ramento Savings Bank testified that on
and prior to August, 1893, Thomas and
Mary Harrison had an account with
his bank, and that in August of that
year Harrison withdrew on two occa-
sions the sums of $500 and S232, leav-
ing only a small balance.
Attorney Johnson objected to the evi-
dence, but it was admitted as PROOF
that the defendant contemplated some
thing out of the ordinary.
With the testimony of Mr.. Bennett,
the prosecution closed it's case.
Mr.. Johnson, in his opening state
ment to the jury, said he did not in
tend to deny any single bit of testi-
mony brought out by the prosecution.
He referred to the homicide as an un-
fortunate and lamentable matter, and
said he proposed to show that the de-
fendant was at the time of the homi-
eide, and now is, insane, and was not
responsible for his acts. He further
proposed to show that defendants
father was an epileptic, and that his
sister is now confined in an asylum. He
claimed that insanity in the Harrison
family was hereditary.
Mr. Johnson said he proposed to show
by Harrison's fellow -workmen, by the
detective he had employed to 'shad
ow' his wife (Alter), by his former at
torney, P. S. Driver, and by Drs. Dix
on and Atkinson, that his client is un-
doubtedly insane, and was at the time
the homicide was committed.
After Mr.. Johnson's opening state
ment had been given to the jury, Dis
trict Attorney Baker consulted with
Judge Hughes. Mr.. Baker saw that. he
could not afford to allow the testimony
respecting the sanity of the defendant
to go before the jury, and his prop
osition to the court was to the effect
that the jury be excused until such
time as a jury called especially for
the purpose, should hear evidence and
bring in a verdict as to the sanity or
insanity of Harrison.
Mr.. Baker understood that if such
special jury should bring in a verdict
of insanity, then the case could be dis
missed and the defendant be subse-
quently committed to an asylum, while
on the other hand, if the jury should
declare Harrison to be sane. the de-
fense set up by Mr.. Johnson would fall,
and that he could go before the trial
jury and ask for an acquittal.
Mr. Johnson was called into the con-
ference, and made no objection to such
a proceeding. Both attorneys agreed
that if the defendant was insane it
would be waste of time to continue
the matter before the trial jury.
Judge Hughes called Henry Alter
Drs. Dixon and Atkinson, and Attor-
ney P. S. Driver into the conference
and upon their asserting their belief in
the defendants insanity the jury was
excused until 10 o'clock Thursday
morning, and the Sheriff was instruct
ed to secure a venire of thirty jurors,
returnable at 10 o'clock this morning,
to inquire into the question of the san
ity of the defendant.
At this point, Harrison arose and said
to Mr.. Johnson:
You told Alter that you would call
around on the 22d, and you didn't
come
WELL" said Mr. Johnson. what's
that got to do with this matter?"
Why" said Harrison, you told
Alter you'd come around, and you
didn't"
"This,' Mr.. Johnson explained. sis
merely putting the further hearing of
the case over until Thursday morning"
"Oh, 1 beg your pardon" said Harri-
son; Il thought"
But what Harrison thought was never
explained, as he subsidized into silence
and sat deep down in his chair.
The witnesses were instructed to be
in court at 10 o'clock this morning, at
which time the double-jointed case of
the people against Thomas Harrison,
for the murder of his wife. Mary, will
be continued before a special jury.
The turn taken in the case is similar
to that in the case of the insane muir
derer Simon Raten.