The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-02-15
HIS PLEA OF INSANITY
ASHLEY MURDER TRIAL FILLED
WITH SENSATIONS.
PRISONERS COUSIN IN COURT.
SPECTATORS EXCLUDED WHILE
HER TESTIMONY WAS GIVEN.

Told of Queer Conduct of Ashby's
Father and of the Fact That Two
of the Prisoners Aunhs Had Been
Sent to a Lunatic AsyIum-ReV. j.
l.. ScuIIy Made a Study of the Case
and Testified as an Expert-TvvO
Physicians Believe That Ashby Is
Stimulating Another Considers
Him Insane-Arguments VIII Con-
cIude Trial To-day.
Replete with sensational testimony
the second day of the trial of Louis
M. Ashby for the murder of his wife,
Sept. 20, last, attracted a crowd, and
at the night session of court even
standing room was rather difficult to
secure. Some of the evidence intro
duced by the defense was highly sem
sational, and of such a character that
the spectators were excluded from the
court room.
The attitude of the prisoner was only
slightly changed from that of the day
before and he sat with his profile to
the jury. He did not rest his head upon
his hand, as upon the first day of the
trial, and throughout the session of
the court played constantly with his
fingers During the night session he be-
came restless and shaded his eyes with
his hands. Those who watched him
closely noticed that once he looked
through his fingers towards his coun-
sell but his look was only an upward
glance, and quickly his eyes dropped.
If Ashby is Stimulating the day was
a trying one to him.
The most sensational feature of the
trial was the introduction by the de-
Tense of a first cousin of the defendant,
a lady from Boston, who secured
counsel for the prisoner, and who has
taken a deep interest in his case. The
nature of her testimony was such as
to warrant Judge Barrow in excluding
from the court room all of those save
the officers counsel and the jury. The
witness was in a highly nervous con-
dition and when she first took the
stand. Mrs. LaMotte, who had al
ready testified, sat by her side and
was almost hysterical when she began
her statement. Ashby sat unmoved,
and her sobs did not cause him to even
raise his eyes.
The Prisoners Cousin.
The witness told of an incident that
had occurred at her home, for the pur-
pose of convincing the jury that the
i
mind. She stated that upon one oc-
casion she had Weakened at / o'clock
in the morning to find him standing
at her bedside with a revolver in his
hand. She took the weapon
from him, and produced it in
court She also told of GER
tain monomaniacal traits of the
prisoners father. and it was because
of the nature of this testimony that the
spectators were not permitted to re-
main in the court room. She broke
down several times in telling this part
of the story, told for the purpose of
showing that the disease was inherited
from the father. The witness said
that two of Ashby's aunts were sent
to an asylum for the insane, and that
one of them died in such an institution
The witness attributed the homicide to
the insanity of her cousin.
From letters offered in evidence by
the state, and the trend of the exami-
nation by the prosecuting attorney, il
became plain that the state will con-
tend that there was a well-defined mo-
tive for the crime. The solicitor general
will undertake to show that Ashby was
DESTROYS of going to Boston to accept a
position, secured for him by his cousin
and that he found it imperative to re-
lieve himself of the burden of a wife
the cousin having already made her
friends believe that the wife was dead
The state will contend that Ashby was
to have gone to Boston in September
and that before he could leave he had
to Stay his wife.
Insisted on Court Rules.
One of the incidents of the trial was
the position held by Judge Barrow when
Solicitor General Osborne interposed
any objections to testimony offered
On several occasions the prosecuting
attorney objected while still in his
seat. THE solicitor general will please
rise when he offers an objection" said
Judge Barrow. The court also in
structed counsel for the defense 70
write rules against two witnesses who
were belated on the first day of the
trial. The witnesses were summoned
by the defense, and showed up late at
witnesses are Sergeant of Police Wal
ter Fleming and Patrolman Godbold,
and Judge Barrow instructed last night
that rules AGAINST the two prisoners
must be issued to-day. The officers
will be arraigned and made to answer
for not being on hand when they were
called Thursday afternoon.
Rev. }. L. scnIIy's Testimony.
Rev. J. L. Scully, rector of St.
Pauls Episcopal Church, was probably
the most important witness for the de-
tense. and was one of the most inter-
esting. He testified as an expert on
affections of the mind, and answered
the questions put to him with char
asteristic promptness. His testimony
probably did more to help the pris-
.oner's case with the jury than the COM
bined statements of all the other wit
nesses for the defense, some of whom
on the cross-examination made very
good witnesses for the state. The wit
ness preferred to refer to the prisoner
as invalid rather than insane. He
considered him in ordinary Language
"a step-child of nature"
Rev. Mr.. Scully said that Ashby
first visited him to talk of his domestic
troubles. and at that time the man
puzzled him. He could not understand
just where the trouble was, although
he knew that there was some defect
about his visitor. Mr.. Scully said that
when Ashby called on him the second
time he was somewhat apprehensivf
that he would attempt violence. The
witness had also visited Ashby in jai
after the homicide. and had made
FL -