El Paso daily herald. (El Paso, Tex.) 1881-1901, 1899-12-13
INSANE OR NOT
Ramon Afverez Must Go To
the Penitentiary.
A FIVE YEARS. SENTENCE
For An Assault On Gregorlo OrosCo
In October Ldst-The Question
Of His Sanity Rdised-The Jury
Decides the Point.

OF His Sanity Ralsed-The Jury
Decides the Point.
Ramon Alvarez was placed on trial
In Judge Walthall's court this morning
upon charge of assault with intent
to murder. The alleged assault was
committed upon Gregorio Orosco, in
front of the store of Jose Moses, a
Turk, in Ell Paso street, on Octo-
Der II.
Alvarez is low-browed heavy
jawed Mexican, of pronounced
desperate type, His appearance and
actions in the court room lead Judge
Walthall to doubt his sanity and DR..
Villas was sent for to pass upon it.
Although Recorder Patterson, who
was appointed by the court to act as
attorney for the defendant, had decided
after a conference with him to enter a
plea of guilty, the evidence in the case
was heard in order to assist DR.. Villas
in arriving at a conclusion as to the
mans sanity.
Orosco was placed on the stand He
said that he and Moses had come down
from the theater on the evening of
October II and gone across the street to
Moses store. Alvarez WAS in the store.
PENDANT suddenly asked the witness:
"What are you looking at?" The wit
ness answered: 'Nothing." He tn, n
looked toward the opera house. When
Re looked around again the defendant
had knife raised in the air to strike
him. Orosco raised his arm to ward
off the blow aud received slight cut
on the wrist. Had he not warded off
the blow it would have struck him in
Officer John Scott, who arrested Al
vareZ.
Moses, who ia a Turk. testified to
seeing the affair aud that Orosco had
related it accurately.
Ohicer Scott testified that he had
searched Alvarez and found in his shoe
silver-plsted table knife, ground to a
sharp edge on both sides and capable
of killing a man. OrOsco was recalled
and testified that be had never had any
trouble with Alvarez. or with any
member of his family.
The defendant was next placed upon
the stand. Most of his testimony was
incoherent and mixed. He said he was
twenty three years old. When asked
how long he had lived in Ell Psso he
answered, "Twenty-three years." He
WAS asked where he was born and an.
swered,
SIN Ojo Caliente."
Chow long did you live there?" he
was asked.
"Twenty-three,y years." he replied.
The same questions were asked again
and he gave the same answers.
He was then asked to give his YER
sion of the sseault. He said, II don't
know, Senor."
The plaintiff was brought before him
and he denied ever having seen him
before. he denied ever having seen
Moses before. He was asked If he had
ever been in Jail before and answered
"No." AS matter of fact he was in
Jail about two years ago on charge of
larceny.
He was asked how long he had been
in jail this time aud he said, II don't
know"
Jailer Lyons and his assistant, J. D.
Oliver, who has had direct charge of
Alvarez, were called over from the
Jail and brought before the witness.
He declared he had never seen either
of them before.
He was asked again how old he was
and he answered, "In Texas"
He answered in English some ques-
tions put to him in English.
Frank Ainsa, called as q witness,
testified that he had employed Alvarez
as porter about three years ago. He
said Alvarez was evidently crazy and
that he had been obliged to discharge
him. Asked for some examples of in
sanity Mr.. Ainsa said:
"Once he came to me and said the
cellar was being flooded. 1t was not.
He had imagined it. He simply threw
his money away. He never had q cent
two minutes after he received his
salsry:-'
DR., Villas made physical exHmina-
tion of the defendant and then took the
stand and said:
THE prisoner is evidently of a very
low organism. can see, however, no
evidence of insanity that would excuse
him from committing crime. He is
dangerous because he has q reckless
my opinion, able to Judge between
right and wrong and understands the
result OF an act and the penalty for it.
He wouldn't, however, bother to con-
slider that in committing an assault
upon another person"
District Attorney Dean said it was
for the jury to decide whether or no t
the defendant is insane and to act &C.
cordingly.
Judge Valthall, in instructing the
jury, read them the law. He caution
ed them that insanity is only recog-
nized as an excuse far crime when it
is shown that the defendant was insane
at the time the act was committed.
The jury returned almost Immediate
ly with verdict of guilty, assessing
the punishment at five years in the
peniten tiary.
The verdict was read to the prison
err and he was sentenced. He was asked |
If he had anything to say and replied, |
II don't understand.
He will have to go to the peniten-
tlary just the same.
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