Hutchinson gazette. [volume] (Hutchinson, Kan.) 1895-1902, 1899-05-11
rho Case of John Moore. .

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defense WAS outlined by the questions
put to the jury IN selecting II. Prac-
tlcally no attempt WAS made TO show
that Moore did not kill the children.
The States evidence on that point was
apparently conclusive. Moore and his
wife were put on the stand to show
that he was subject to epileptic dts,
Had from four TO ten per year for
ten or eleven years; his father was II
drunkard and LETT him to shift for
himself when u small boy. Mrs.
franklin testified that he vas kind to
his children, assisted In the care of
them and watched over them when
sick. The Franklins seem to have
turned against him. Wnle the grand
father did not say that he was unklDd TO
his children, said he never saw him
kiss one Of them
In rebuttal to the theory Of epilepsy
the prosecution introduced four W.T.
nesses from Emporia or near there who
had been neighbOrs of Moore's and
two men for whom he had worked, all
Of whom testified they knew nothing
OF his being affected with any such
disease. There was, however, no at
tempt to lmpugn bis character previ-
GUS to this, and his employer said he
was good worker. The defense
called Drs Justice, Colloday and Kip
pei as experts, who upon hypothet-
ical question assuming the description
Of the attacks given by Moore and his
wife to be- true, diagnosed the alll LECTION
to be epilepsy in sufficiently aggravated
form TO be called grand NAL" They
said from their professional reading
they found epileptics suffering from an
attack are liable at times to become
violent and perform maniacal crimes,
though had no personal experience Of
that kind. All except Klippel said
they might go about their work with
the greatest method and attempt to
conceal IT,. Perhaps the lest expert
witness for the defense, because she had
the most actual experience with cpl
leptcs, was Mrs. j, j, Measer, living q
few miles In the country. Mrs. Mea-
ser u few months married Mr.
Measer and came here from Pueblo
where she had been employed in the
Colorado asylum as a professional
nurse for the insane. She had taken
lectures and served In this capacity for
various asylums in Illinois, Missouri,
Nebraska and Colorado; had charge OF
an epileptic ward for more than two
years; corroborated above testimony
and gave several examples Of manlacal
actions under her own observation.
One epileptic had turned on q gas
jet and held her hand In II until
nearly burned off before being discov-
cred. Next day she asked how her
hand came to be so burned, and would
not believe it when told, Another had
concealed q knife at the table. All
such implements had to be accounted
for and search was instituted. When
found she had gone to bed, severed an
artery in the arm, nearly bled to death
and the knife lay in the bed beside
her. Another had knotted her long
hair in the back then divided 1t and
brought it around IN front and twisted
1t together 80 she had nearly stran
gled herself to death. All these did
not appear in the countenance wild or
insane when performing these antics.
On cross examination witness said
these were all females. as she had
nothing to do with males.
In rebuttal the prosecution called
Drs. Wplch and Stewart. They were
asked no questions on ep lepsy, but
were simply asked hypothetical ques-
lions reciting the circumstances OF the
crime and Moore's testimony next day
at the coroner's inquest concluding
with the question, lido you think 1t an
insane actp" Both replied negatively
to this though on cross examination
when Attorney Fierce recited in addl-
ton to what Mr.. Lewis for the prose-
cution had asked, the fact that when
the crime was committed, the window
under which some Of the children laid
was uDblinded and opened toward
other unblinded windows In house
only twenty-five feet away in which
people were living, the man going ABOUT
his murderous work with a light, DR..
Welch thought it would constitute an
insane act.
The whole day Friday was taken up
by the lawyers In making their pleas
to the jury. The strong point for the
prosecution was that II Moore had been
under an epileptic spell, he would not
have testified next day to having been
aroused by the smoke. II he had been
insane and aroused by the smoke
he would have Immediately thought of
his children and attempted to get them