The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-01-18

+ board does not always indicate fnsan-
1 ny Sane people sometimes have that
same impulse. Under aggravated con
I dltiOnS and circumstances Mills would
have lost control of himself while in
+ Cheyenne.
At the time Of shooting O'AIelveney
/ witness thought Mills was affected
with confessional insanity; thought his
mind was dazed and confused. COnfu-
slonal insanity was characterized some
times by depression; sometimes those
suffering from it are exalted. They are
always more or less confused The
I word describes the condition.
He would expect a man SUFFERING
from this form of insanity to act as
Mills did Immediately after killing
o melveney. There would be nothing
inconsistent about his acting in that
manner. He thought the unusual calm
would be more Characteristic of that
particular form of alteration than
any other form of mental phenomena
that the patient might exhibit.
When he examined Mr. Mills on Dec.
80 he thought he was then on the verge
OF insanity. He didn't know when he
examined him whether they wanted
him to treat him or to examine him
for this trial.
"
He had heard Mr.. Mills testimony in
court. He gave him the impression
while on the stand that he was exerting
himself at times to control himself He
was not surprised at his appearance
on the witness stand. he thought he
would probably go through it in the
way he did. He thought perhaps his
restraint in Jail had been good treat
ment for HIM He had not been under
the mental strain incident to his work
The witness was asked by counsel if
he knew by reputation DR.. Clevemger.
who wrote the work on medical juris-
prudence that appeared last year. He
replied that he didenOt
DO you know, doctor. that as a re-
suit Of writing that book the doctor
died insane soon after2" asked judge
Powers, and the auditors laughed.
Judge Powers here stated to the
court that under the statute of the
state, without the consent Of both. hus-
band or wife shall not be a competent
witness for or against the other in a
criminal action or proceeding to which
one or both shall be parties.
In this case Judge Powers contin-
uec, I'VE do not deem it necessary to
place the wife of Captain Mills upon
the stand 10 compel her to tell her
to the state we should waive as Can
tain Mills now does waive through me
his rights as a husband. and consents
that she may be 50 examined If the
state desires"
Mr. Putnam replied that the state had
n desire TO place her upon the stand
DR.. Pike Called.
DR.. Pike, the next witness called. tes-
tilted that he resided at Provo. Utah:
was a physician and surgeon and had
pTaoticed that profession about twenty
four years. He graduated at TIE red
ical department Of the University of
Vermont, afterwards from the medical
department Of the University of the
City Of New York He had made some
special study &C the subject Of insan-
ity and mental conditions. He rad been
connected With the Utah state insane
asylum FOR twelve years.
Prior To the building Of the present
state asylum he had made Investigation
Of the leading asylums Of the east. Had
made study Of the learning of his pro-
fessioH upon the subject OF insanity. He
mad devoted to that study considerable
attention and application.
He considered il necessary in cases of
insanity 10 investigate the family his
tory. He had seen Captain Mills as he
testified u9On the stand part OF the
time. He had MADE no physical exami-
nation of him; had gtmply known him
as he had seen him III TIE court room.
From observing him during his tesLi-
mCny, he thought him to be o. the
highly intellectual type. lie didn't OBJ
serve src1n his manner on the stand