Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1902-10-10

|
was entirely irrei ponsible. Tuesday
tragedy" He believed thai at that
time Holbrook was wholly unable to
determine between right and wrong.
The court room was PACKED, today.
DR.. BigeIoW T. Sanborn. superintend-
ent OF the Maine Insane Hospital, Au-
gusta, in continuing his testimony, this
morning, in the trial of Herbert r.. tiol-
brook on the charge of numbering his
wife Josie at Wilton, stated that Eiol-
brook was suffering from an uncontroi-
Ia ole condition Of passion and WIS en-
tirely irresponsible, Tuesday morning,
Sent .. at the time of the tragedy. He
believed that at that time Holbrooh
was Wholly unable to determine be-
tween right ard wrong.
The defence rested just before noon
and n short recess was taken before the
introduction by the State of testimony
in rebuttal Several witnesses were re-
called. The attendance at the trial has
Increased daily and. today the court
room was crowded beyond the doors.
Dr. Sahborn testified that, Oct. :, he
made an examination of the respondent
and found his physical condition very
much disetsed. that he was suffering
from loss of motion and wasting
away of the muscles. In the opinion OF
Dr. Sanhorn he can never recover. nav
ing already received d partial shock to
his svstom There is Il sluggish condi-
ton of the heart and a disturbance OF
III assimilation of food. His memory
aopears fairly good. DR. Sanborn con-
sidcrs it remarkable that Holbroo<
sbol1ld have lived so long with his dis
case ana not be an imbecile. He saw
hin, have the epileptic fit in the court
room. Tuesday. and observed the eff
| feet on his later condition.
| pr Sanborn was subjected TO Sc
yera crnss-examination by Attorney
| General Stiders for the State. but did
! net materially vary his statements
made in direct examination.
| The - witnesses called in rebuttal
! Inv th,. State testified rapidly and We're
| soon disposed Of
| Martin II. Fowler, an attendant al
/ ,be mil. who saw Eolbrook immediate
| Iv after he was found hanging in his
! cell at the Pennington jail, testified
that in his belief Holbrook did not m
| terd 10 take his own life. but was max
ing an impression. He stated that the
| cen is feet and inches high. while
| uo,brook il ) feet. II inches tall, and
the rome used was three feet long, so
that his feet were on the floor of the
cell.
| rnuuty Commissioners Berry and
| Green detailed the circumstances of the
| hanging and were of the same opinion
| as Fowler.
The afternoon testimony was along
Tho same lines as that of the morn
ING and was concluded at 3 O'Clock,
u hen the arguments were made.
Mr.. blanchard began his argument
for The defence by claiming that the
State had not only failed to prove
mat IIolbrook shot the woman, but
thcv had failed TO show any cause FOR
the shooting. and urged that he de-
served IN acquittal on these grounds
II the Jury thought otherwise they
should IL least bring in an acqulttal
Ion the grounds of insanity, as Hoi-
brook IS suffering. according 10 expert
testimony. from the effects of epileptie
fits and from being constantly undei
tho Influence of intoxicants and nor
rhine.
Ha was mentally irresponsible foi
tic arts on Sept. o as he was thef
suffering with mental epilepsy thai
III was a physical and mental wreck
N tha time the deed was committee
l,a ;e i, s.,,ch II condition, today H.
is affected with disease from whicf
he cap never recover and II makes 1l9
,lirrercnce TO him what the verd1t
ms. he. IL does make a great diiter'
, once with his father and mother IL
/ asked. "ShalI their lives be stainet
with the charge that their son is
| wilfu nuvdeier
Attorney General Seiders for tha
! state. hogan at 40 and spoke withou
, notas ana in an easy Conversations
s,,la but With much force and direct
ness He reminded the jurymen 0
! their duty in carrying out the laws
! m. state and read the statutes relat
;,,g 70 the crime of murder He sai'
..tbe accused is enclosed in an arino
az innocence and it is the duty oil tn
: etata 10 n;erce this armcr and rernov
II from, him and if the State does this
7 II Il the duty of the jury TO find hin
/ guilty.
7 He disagreed with the position o
tb, defence in that there was mo
!. five for the crime and endeavored I
!. show the jury that Hoibrook was !
<c.;,uad on rage 81