The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1900-10-05

nfst fioor OF the JAIL
Have you anything to say about the
verdict" Prosecutor Erwin was asked.
as he was gathering up the papers in the
case.
Absolutely nothing, I" was the reply.
'.is it what you expected?"
Il would prefer not to say
do you attribute Garrabrandt's escape
| from conviction of murder in the first de-
gree to a prejudice believed to exist
against hanging?'
mo. 1 think Garrabrandt's youth alone
saved him from the gallows," was all the
States representative would say.
| Lawyer Alex Simpson was particularly
| happy over the result. 'It is about the
worst verdict that 1 expected" he said.
II never thought Garrabrandt would be
convicted of first degree murder. There
is no question in my mind that he is a
| moral imbecile.''
When the Court of Oyer and Terminer
convened at $50 o'clock yesterday morn
ing Garrabrandt was in his seat by the
side of his counsel's table. His actions
were the same as ON the preceding days
of the trial. He exhibited little interest
in the proceedings, twirllng his brown
derby hat continually and at time smiling
at the sallies of counsel and witness. At
no time did he manifest increased interest
and the impression created was that if he
was acting he was taking his part re-
markably well for a boy of his years. His
slightest movement did not escape the
watchful eyes of one or the other of the
States medical experts.
DR.. William Fisher was the first witness
called by the State yesterday in rebuttai
of the defendant counsels theory of the
prisoners moral imbecility. He told of
the examination of Garrabrandt in the
Jail by Drs Corning, McGill and himself
and declared they had found no evidences
to indicate other than a normal condition
of mind. He corroborated the testimony
given by DR.. Corning in part and described
torus palatinus-the bony growth in the
roof of Garrabrandt's mouth, referred to
by the defendants experts as a physical
evidence OF defective brain-as a for
nation of the palate that takes place at
birth. He stated positively that it could
not be taken as evidence of an impaired
mentality and exhibited to the jury the
roof of his own mouth in which was a
similar growth.
rs it mark of degeneraey?" queried
Prosecutor Erwin.
II would rather not testify on that
point" replied the witness.
We'll, is it mark of degeneracy
alone?" persisted the States lawyer.
NO. answered DR.. Fisher, smiling.
The witness then contradicted DR..
Doughertys measurements of Garra-
brandt's head as testified to Wednesday.
He said there was nothing abnormal
about the shape of the murderer's skull
and no evidence of mental imbecility. He
seemed to realize his condition, and his
judgment, memory, perception and will
power were all good. In conclusion the
witness declared he believed that Cara
brandt was perfectly able to distinguish
between right and wrong when he COM
mitted the murder.
On cross-examination Lawyer Simpson
ingeniously made DR.. Fisher contradict
the statement made by his associate, DR..
Corning, Wednesday, that an abnormally
shaped skull could not be taken as a
physical indication of diseased or de-
fective mind
DR.. Jcan D. iMcGill gave testimony cor
roborating that of his associates, Drs.
Corning and Fisher.
The taking of testimony was concluded
at noon recess.
Immediately after recess Lawyer Alex
Simpson asked the court to direct the
Prosecutor to state the degree of murder
in which he would ask for conviction
The States lawyer said he would ask for
first degree.
Mr.. Simpson at once began his sum-
ming up. He said that insanity was
always very suspicious defence and was
resorted to in cases where there was
really no defence. This case, however
is one of real mental defect and has
been proved So" he said:-
'.The best proof of this assertion" con-
tinued the defendants lawyer, ''is fur
nished by the States leading expert who
says Garrabrandt is feigning. The doc
tor therefore really discovered something
abnormal in the defendants conduct DUR
| ing trial. The jury must say whether
that abnormality discovered by Dr. Cor
| ming was feigned. They must say whether
the boy who the doctor said was obtuse
was able to feign to the degree he must
feign if what was said was true.''
Mr. Simpson here attacked the Prose-
cutor's office for going into the jail and
putting 1GdrrdDrdUuL unCer examination
| in the absence of his parents or counsel.
He described this as unfair, and said it
was only an evidence of what had been
done all through the case, and showed
| the heartlessness of the Prosecutor who
| needlessly put the poor, afflicted mother
| on the stand to testify against her own
| son, knowing that she would testify to
nothing material.
He asked the jury if it would endorse
such proceedings, which were law break
| ing in their character.
Continuing Mr.. Simpson said that the
strength of the defendants expert testi-
| mony lay in the fact that DIR. Dougherty
showed exhaustive knowledge of the sub
ject and resisted effectively any attacks
on his conclusions, although the Prosecu-
tor was coached by three experts.
| s'Dr. Simon, the eminent criminologist
| showed his honesty because he had form
ed an opinion and expressed it long before
he knew he was to called at the trial."
| declared Mr.. Simpson
| He said he would not dwell on the medi-
cal testimony, because he was convinced
! that the jury would decide the case upon
| their view of the condition of the boy
| from his appearance in court and actions
Immediately after the commission of the