Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1899-11-15

County Attorney HeSeltO1 most ably
met this argument of the defense. His
argument is more difficult to abstract,
but WAS very forcible and clear. He
said in part:
! will not attempt to add to your
sense of sOlemnity. This is one of the
most peculiar cases which ever came
into the courts. young girl was shot
down in one of the most populouS
streets of Gardiner by one who should
have protected her. When the relations
of the two We're discovered it was seen
to be only one Of the many cases where
the murdered had been the victim OF
jealousy. There is no reasonable de
Tense. In the oiden times criminals
fled to the sanctuary for protection.
SO now man polluted with crime
rushes into the sanctuary and cries
You cannot touch me, | am insane"
With his garments reeking with blood
he eXclaims. Il am insane" In every
county and state the records show sim
liar crimes. 1t is always the same de
Tense when the State has testimony to
convict.
| want you to consider the law and
then apply the evidence to it, The de-
Tense admits that they have the burden
of proving that the prisoner is insane.
We say that he killed Mamie Small
with malice aforethought. Malice NAV
not imply hatred or ilwill, but that
there is depravty Of mind capable
of committing the crime. In this case
there is the malice. The burden Of the
proof is on the defense. They must
show you that on the day of the killing
he was insane and with a greater d.
gree of proof than in civil cases. He
must be unable to tell right from
wrong. If it was delusional insanity
1t must have been of that kind which
justiiieS the act. 1t would not do this
unless the man thought that he was in
danger of his life. 1t is not a question
Of whether he was sane or insane. but
could he distinguish between right and
wrong.
There is nothing more common than
for medical men to differ on insanity.
The case to be decided is whether he
wrong. This is not to be determined by
medical authority but by his own acts.
Does ne choose the most favorable
circumstances for his crime when there
were no Witnesses?
There is such thing as emotional
INSANITY In This a man ie u,dar an
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of the law TO punish him.
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Is " i"''l'" lurS'''i "he'hgr
''ihNi INSANITY Is ll'''''''iS l'"'
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marks on I'LL throat III Hi III thc dehi-
sions To- which she had testified in
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L-xt,ert Testimony IL theory. This
,.ae,. nl,et N, determined IN facts I'm
merits always have. a theory to advance
and there will always be experts to go
into cnurt to testify one way or the
,th.r w, M pnt want theory but
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are |" De tdN'h before 'ht ttStiiIioHS
of experts. The letters oil bradford
knight SHOW that ne was q clear
discriminating ihlilu. N"t even 'he
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s.,,.a this ,,,ope,n, from, nunishmant
W. h,,.a ,riod "a rive . history IF
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IL mi. ar,,a ~ ,ol,a advantage If the