The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-05-14

That's ALL" said Nichols.
Our case is closed" said Attorney
Balm.
gument-
ARGUMENTS BEGIN.
Are you going to say that because
Mrs. Nation took exceptions to some
pictures that she is insane?" said Otis
Hungate in the opening argument to the
jury. "She does not appreciate and I'M
derstand the beauty Of the nude in art
She is an old woman She is old-fasn-
toned and not UP on these things. Just
because she thought those pictures
should be turned toward the wall is
nothing to prove insanity. She thought
she had the right Why, some lawyers
We're crazy enough to say she had the
right to smash 1t is not enough to say
she thought she had a right to do it.
Thit is simply a mistake and IS not in
sanity"
Thomas H. Balm made the opening
argument for the defense. He said.
That the woman on trial is the one
who did the act is not in doubt She
testified she did it. You are not trying
her for her insanity. Another jury and
another court must sit on that question
I don't ask you to clear the woman If
she knew what she was doing You
have a right to exercise your judgment,
with the sympathy and pity and raise
the question just as if she were your
mother, wife OF sister. If your mother,
wife. or sister displayed such actions as
she displayed on the stand would you
not think she was insane. You know
that the insane asylums are peopled
with people with clear minds. The doe
tors have to admit that. If she is tried
in two days for her insanity she may
not be found insane as the state may
not prove 1t as there may be a doubt
We thought Mrs. Nation ought not to
60 on the stand but we couldn't keep
her off. She knows she was destroying
property that has no right TO exist in
this state. Is she guilty? Did she do it
maliciously? Malice has to be one Of
the ingredients in this case. Do you see
any malice in this old woTnan's hearth
You can't argue with her You can't
convince her she was wrong. Does she
show pride2 She's just as common as
every one. She is wild about the sub
ject Of drunkenness When you hear
people singing and praying in a jail and
carrying on that way you may bet your
life there is a screw loose somewhere
The few Home Defenders who had
come into the court room and We're
around Mrs Nation did not seem to rel
ish the statement of Attorney Balm.
Attorney Balm started to read the affi-
davit for a change Of venue.
That is not III evidence said Judge
Hazen.
Are not the papers in this case in ev-
idence2" asked Balm.
mo, sir" replied the court.
rs not the complaint in evidence2"
mo, sir, nothing except what was
given as evidence by the witnesses on
the stand" said Judge Hazen-
Attorney Balm laid great stress upon
a doubt as to the responsibility Of the
defendant 1T is better to let go ten
guilty people than to convict one innO-
cent person., said Mr.. Balm as he closed
his argument
Attorney ]. M. Dumenil followed, max
n for +f1ea 10
tense He pleaded for the benefit of a
doubt
County Attorney Nichols closed the
argument for the prosecution. If you
know that Mrs. Nation is insane, as the
attorney for the defense claims, you
must hold that her husband and her
followers. each and everyone, is insane.
Did her friends suggest or testify that
she was insane2 No, not one. Why
not?'
I'VE object" said Dumenil, ito these
questions"
wen tell you if you will let us.
spoke up Rev. F. w Emerson.
You have had plenty of opportunities
Emerson" replied Attorney Nichols.
why didn't you go on the stand and
testify2'
Il make no such a plea" spoke up
Mrs Nation. It don't want my attor-
neys to do it,
gument to proceed p said Judge Hazen.
Mrs. Nation herself denies it." con-
tinued Attorney Nichols. Chief Stahl
practically admits that no attempt was
made to stop Mrs. Nation Chief Stahl
says that she is insane because she call
ed him thief. If they wanted to prove
her insane they would have brought in
her friends, her Home Defenders, DIR.
J. T. MacFarland and the others who
followed her and believed her right to
prove that she is insane.
Attorney pumenil must have antici-
pated this for he said that they did not
think so at first but they do now
4 didn't say that they thought her in
sane now" said Dumenil interrupting
Nichols
IF they don't think her insane, why
do you think sO2" replied Nichols. The
jury, the Home Defenders and even Mrs.
Nation laughed
Her own followers, her family and I
don't believe even her attorneys think
her insane. Her attorneys say she IS
insane but that she can't be sent to jail
or to an asylum - said Nichols in clos
ing his argument. The case went to the
jury at 11:50 O'Clock.
Mrs. Carrie Nations defense in her
trial for smashing Frank Murphy
morning, February II, IS that of insan-
The case was commenced IN the district
court Monday afternoon and 1t was not
until several witnesses had been exam
ined that the line of defense was appur-
emit. The attorneys for Mrs. Nation ok
pect to show that she IS insane upon the
subject of temperance ana joint smash
ing and to show that she has been .ar-
rested many times on the charge of tee
structiOn of joint property Mrs. Nation
herself does not seem to relish the line
of defense. She expostulated with her
attorneys and with the court when in
sanity was limited at There are three
other cases against her for similar Of
lenses and if she is cleared upon The first
the rest Will probably be droppeti.
Mrs. Nation was not in the court roosl
when the jurymen were called into the
jury box to be examined
Where is the defendant asked Judge
Hazen.
This IS q misdemeaaor case replied
Attorney Dumenil
i know replied Judge 1azen, but
wish the defendant here
Mrs. Nation was sent for. She is now
stopping on the corner Of Fifth and Yen
Buren, streets, between the Jail and court
house. where she may be handy 70 both.
After delay Of twenty minutes Mis-.