The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-01-20

yesterday Just ~ he began hts Argument
M; Israel .noussonsd bis vest ,. Ias q. At
moved his neck.ie. SIN there was no re-
lief, and A. Ar. Israel warmed up 20 MS
work be tore his collar from hts neck
tshed his speech in rouxh-rider style.
white silk handkerchief knosted about
his throat and his coat and vest nytne
alitis&.
Mr. Israel devoted considerable time to
criticising the state for its alleged un-
wanted 20 know why il was that with
the city full OF physicians not one OF
them had ever been called upon BY the
q ss e r. sesors shs
trial for the purpose Of determining defin-
ifeiy his mental condition He reviewed
the facts Of the case. and said that. Civ
Ing them their BLACKLIST construction. a
verdict Of first degree murder would not
be justified. there being an entire a6-
sence OF generalization or elaboration.
He conceived that IL was the jurv's
duty to find the defendant not guilty, but
insane. and quoted at length the law Civ
ing the court power to send the defend
in case such q verdict were rendered. In
conclusion he stated that under all the
circumstances of the case IL WAS the duty
OF the court TO instruct the Jury that the
that before a conviction would be justified
IL would have to be shown by the states
witnesses that the prisoner was sane.
WinstOck Closes for Defense.
Attorney wirstock followed his coll
league. He discussed at length the fea-
ture Of elaboration. which he said was
absent from this case. In the Rutten
murder case. he said. the supreme court
had defined elaboration as the weighing
over OF matter In the mind. Discussing
warmly denied that it was a eooked-up
defense. The defendant had not consents
ed to the defense at all and had abso-
iutely refused TO give his lawyers any
viewed the subject Of insanity from a
historical standpoint and pleaded with
the jury for mercy to the prisoner
"eradled In the lap OF hereditary insanity.
enshrouded In decisions and moved BY an
impulse beyond human CONTROL
In closing Mr.. Winstock said that 1t
was the duty of the jury to bring In a
verdict of not guilty. even IL a howling
ed from the poets and from the Scriptures
and asked that the jury be to his client
what the cities Of refuge were to the
shedders OF human blood In the days OF the
Bible.
In course OF his argument Mr. winstock
depressed a little 10 defend the alleged
hctionist, Barber Blum. The latter. Mr..
Winstgck said was an honest. truthful
citizen and had served on several i,rles
In cases tried by the prosecuting attorneys
office. Mr.. Winstock thought Mr.. Hart'a
Criticism OF witness whom he had &C.
cepted as juror In other cases. was
hardly just
The state Closes It's Case.
Prosecuting Attorney McE!roy closed
the speech-making. Mr.. Winstock had
spoken just an hour and Mr.. McElroy
occupied the time between 4 and 4:s0
o'clock. He went directly at the insanity
defense and devoted to IL most OF his
time. II he were ever charged with a
crime. he said. that would be the first
defense he would take advantage of II
he We're guilty. The only witness who
mad testified to anything tangible regard
Ing the defendants insanity was the de-
fendant himself. The defendan, had
brains enough to go about his business.
work at his trade. amuse himself and
live ike any other man, and Mr.. MeElroy
thought ne had brains enough also 10 he
hanged. He didn't want any fifth wheel
verdict, though with great fairness he
said he would allow the jury to say what
tify " '1s
Judge Jacobs introduced a novelty by
allowing the jury to vote on the c,,es-
ton OF whether the courts instruction..
should be given In writing on this morn
Ing or orally at once The vote stood
eleven 70 one for tho former conrse
Juror Ed Cowan voted for oral instr,Ic-
tons