The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-01-13
DR.. Mum Glasses 10 Per Cent
of Community as Such.
Says Joseph Leach Should Not
Have Been Born.
A PAIR OF GLOVES
Appears Destined to Cut an I'm
pOrtant Figure
In Determining the Fate of the
Man at the Bar.

The fact that Joseph Leach went
back to Hadden's saloon in Junction
City to get his gloves the evening be-
fore he killed Thomas Fenwel, may
lead to his conviction of murder. On
SO small a thing as that his fate may
hang. This act, it is claimed by the
prosecution, shows that he possessed
his memory and reasoning powers after
he had announced his intention Of kill
ing Fennen and Riley.
This feature of the case was made
prominent during the expert testimony
given by DIR. L. H. Mum late Friday
afternoon. DR.. Num- DR.. Jacobs of
Emporia, and DR.. Hogeboom were
placed on the witness stand by the de-
fense. The attorneys for the defense
had prepared two hypothetical ques-
tions covering several typewritten
pages, and setting forth Leachs history
in fun. including his ancestry and fam
lily connections and asking if such
person would be subject to epilepsy.
Each physician stated that such would
probably be the case.
DR.. Mum went into a discussion of
epileptics. He stated that a subject
suffering from epilepsy loses his men,
VI - ever y lllll6 II d D4dlk 10 ulIIlt he
has no reason. In cases of acute homi-
cidal epilepsy he is seized with a desire
to kill. and he is just as liable to kill
his best friend as anyone else.
AN epileptic," Continued DR.. Mum.
would not reason at all He possesses
no memory He would not return for
his gloves if he had forgotten them"
When there was lull, Judge Hook
took up the glove question, and inquir-
ed, What was the significance of your
allusion to the glOves?"
Il mean," replied Dr. Mum, that if
his hands became cold he would not re-
member that he left his gloves behind
IN a saloon and go back for them, neith-
er would he remember that he had lost
a knife and ask another man to help
him find it."
In the testimony given by Jack Had
den, the bartender, the witness had re-
marked Leach came back to the saloon
after he had started for the fort late
the night before the murder and after
he had told several people that he would
go out to the fort, get the ball bat and
kill Fenneu and Riley. Robert Irwin,
the hack driver, also testified that
Leach asked him to help find the knife
which Fennell had knocked out of his
Leach's) hand. Leach also described
the knife to Irwin by saying that it was
something like the one he had given
Irwin several months before.
Continuing in answer to questions by
Mr.. Lambert, DR. Mum said that per-
son suffering from epilepsy would have
peen just as liable to go to a depot and
Kill an entire stranger as he would to
go to the fort and hunt up those against
whom he had a grudge, but on cross
examination he admitted that it might
have been possible for an epileptic to
act as Leach did the night of the muir
der.
I am dealing only with generalities,' -
SAID Dr. Mum. When you get into the
realm of possibilities one can speculate
q n n n .T.-
thing"
You made an examination of Leach,
did you not?'' asked Mr.. Lambert.
What did you fnd2"
Leach belongs to the class known as
degenerates. 1t was wrong to bring
him into the world. His training and
education have been wrong It would
have been better had he never been
born"
From this class our criminals come.
do they not2"
The lower criminal classes do"
Are degenerates common2" asked
Captain Waters
We'll, perhaps 10 per cent of this
community might be classed as degen-
crates" said Dr. Mum.
Leach took a livelier interest in this
testimony than he had at any previous
time during the trial. In fact, as the
trial drew near its close he paid more
attention to what was going on arOund
him His father and mother sat during
the expert testimony and heard Dr.
Munn's declaration that their son is a
degenerate and ought never to have
been born, but during the recess that +
followed Mrs. Leach kissed the prisoner
and she and her husband left the court
room.
The testimony of DR.. Jacobs of EN-
pOria and DR.. HOgebOOm was more fav-
orable to the defense. Both said that
an epileptic would have no memory
but might continue to act as ordinarily,
going about his business as usual or he
might commit a crime.
DR.. Jacobs related the case of a Con-
necticut minister, which is recorded in
medical annals, to illustrate his point
The minister, he said, left his home,
went to New York, then to Philadel-
phia, and then to Pennsylvania, and
started a confectionery store. After
running it successfully for several
months he became sick and lost con-
sciousness. When he regained con-
sciOusness he was called by the name
by which he was known in Pennsyl-
vania, but he denied that it was his
name. His surroundings were strange
70 MIN and he asked where he was.
When told, he said his home was in
Connecticut. He had no memory of
what he had been doing since he had
left his Connecticut home. On cross
examination DR.. Jacobs said he had no
personal knowledge of the case and
the minister might have concealed his
identity on account of trouble.
DR.. HogebOom said that an epileptic
might act automatically; that a man in
Leach's condition might have gone for
his gloves automatically when he felt
his hands become cold. He admitted on
cross examination, however, that if a
man acted with reason, or had memory,
his acts would be those of a sane per-
Bon-
This completed the testimony for the
defense, and In rebuttal the pr0secu-
ton placed all of the soldiers who had
known Leach Intimately or the stand
and every one of them testified that in
the year and a half they had known
g,gr, thew had never noticed auutI7inp