The evening times., 1900-01-26
EXPERTS ON GHH STAND
Physicians Tes ify as to Snelr $
Mental Condition.
The Belief Expressed That the Pris-
Oner IL Insane as the Result of
SluII-A Wnrsof WOrds-The strain
Hnvinl- Its Effect on the Defendant.

this morning before Judge Clab1ugh.
Neither the family OF Lizzie Weisenber-
ger nor that of Smell was present when
the roll call Of the jury began. The mother
and sister of the dead girl en-
tered later. The defendant was
brought in a moment later. He at once
Closed his eyes and threw his head back
as il very weary. His head was nervously
moving from side to side. and there was ,
general air of nervousness about him that
plainly showed that the strain OF the trial
was beginning to tell upon him.
His wife came in at 1908 and kissed him
/ seating herself by his side while he lean
/ ed his head in his right hand. his elbow
on the back OF her chair. and apparently
/ went to sleep.
DR.. Kicking was the first witness 10 &c
on the stand. and the examination be
began by Mr.. AndersOQ stating to the
court that the prosecution would leave the
| jury to judge OF the weight OF the Ques-
tion which followed.
Mr.. Turner then related all the symp-
( toms Of Snelis attacks as told on the Wit
ness stand on the preceding days. and ar
/ ter a clear and precise resume Of the cast
/ in chronological sequence. the question
was put to the witness. il. in his opinion
/ the defendant was a sane or an insane
man, and whether, at the time Of the muir
/ der OF Lizzie Weisenberger, all the circum-
Z stances in the case having been taken II
! consideration, he was responsible.
He was suffering from epileptic in
sanity, / should say. and was, OF course
insane at the time. was the prompt re-
/ ply of the witness.
Would such a man have normal
mind?"
The witness replied that such a man
might perform the duties Of life in a nor
/ NAL way except in cases of unusual excite
ment. when epileptc fits would probably
result, during which period the sufferer
would De an insane man.
During this testimony Smell seemed to
I be asleep.
! The cross examination was by Mr.. Gould
The witness said that he graduated from
/ the Georgetown Medical School in 1851
and had given much attention 20 insanity
since that time. He was examined as "a
his professional and institutional expert
euce in an cudeayor TO learn his knowledge
Of the mental diseases He had examined
the defendant at the request Of Mr. Turner
When the witness made the examination
Mr. Turner was prcsCut-
Did Suell know that you were there 10
examine him on account of his trial"
Yes SIR" replied the witness
What per cenium Of epileptics are p
Z duced by injuries Co the head
About . per cent
"WiI You explain 10 the jury the struc-
/ ture of the skull. doctor, and tell us the
1 thickness Of the skull. and So FORTH
The witness then went into a detailed
explanation. as requested, the counsel for
the Government eudeavoriuE. by frequent
interpretations 10 show that the injuries
to Sueu could not have been so severe
7e to produce the epilepsy, owing TO the
space between the two walls Of the skull.
which acted as a protection 10 the brain.
The questions were many and always
toward the point that the pressure on
the brain OF Smell from the fracture could
not have been positively known TO the
I witness because he did not actually see
I it. having performed no operation.
First symptoms OF epilepsy were gone
into, was the effect upon the nervous
/ centres.
The witness said that the motor nerve
. centres were the most readily sUsCepti-
bic to the disease in question. and said
that he had not used the opthaimOscope in
/ his examination OF Smell. because he did
not feel IL to be necessary The dif-
ference il. the measurements in Smell S
/ case were gone into Mr. Gould asking
/ if the muscles would not have been small
er on one side than on the other IL the
man used one side more
Certainly" replied the witness. but
Z regard the fracture Of the skull and It's
infringement on the brain as having been
responsible for the partial paralysis Of the
man. and the consequent impairment Of the
muscles on the side OF the paralysis"
SMELLS gait on the occasion when the wit
ness asked him to walk away from him
was said to be indicative Of the paralysis
and when Mr. Gould asked il his gait was
not altered when the doctor was not look
ing at him.
1t seemed to me to be the same. al
though a guard at the jail said that he
thought he noticed a change
The stimulation OF insanity was next
taken up and the witness examined as 10
the general actions of person under this
stimulation The witness said that a man
who had for nine years performed difficult
duties. and then, after a lucid interval,
had committed a great crime, following
which mental stagnation resulted, would
not necessarily be under the strain Of cpl
lepsy. When asked by Mr.. Gould il a re-
cent injury to the head of the defendant
was not a trihe. the witness replied
There is a surgical maxim which says
that no injury to the head is so slight as
to be despsed.
did / understand you TO say that in
sanity was an hereditary disease
1t is so considered
Did YOU ever see a child who was born
insane?"
Il have. Il is very difficult to see indi-
cations in infancy Of the disease. IdiOcy
is considered by the authorities as a dis
tinct form OF insanity
"WilI you say. il the defendant had gone
10 his Office on that 9TH day of August and
had performed his duties and gone home
and gone to bed whether the man was
sane or insane at that time?"
Il regard that man as at all times dan.
gerous to the community"
Answer the question Do you regard
him as sane or insane2'
After a long pause the witness said
Il cannot answer that question with JUS
tice to myself in any other way than by
saying that if that man had been brought
to me for medical opinion / would have
recommended his confinement for lunacy.'
Mr. Turner objected to a leading ques-
tion and said:
MIR. Gould. has no foundation for this
hypothetical question. and there has never
been a witness on the stand whom Mr.
Gould has not cross examined incorrectly -
Mr.. Gould received a severe arTaign-
ment from the chief counsel for the de-
fence, who said that the years Of eX-
perience at the bar precluded the idea
that he could be in voluntary error, but
that the questions were asked for the
purpose Of getting before the jury test
mOny in an irregular manner.
If your honor desires to hear me" said
M. Gould. Il wish to say that I thought
at least that the gentlemen who have
made such a careful study OF this case
knew the rules Of cross s-eXaminatiOn of
experts"
rr,. a,.t o.,.oa rov a ,;t,t;o,, ..a A.