The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-02-15
HIS PLEA OF INSANITY.
Ccontinued from Tenth Page.)


After these Investigations he was con-
WINGED as an expert that Ashby was
not similating. as he had been led to
believe was the case. The witness told
of the probable cause of Ashby's men
tai arrangement and treated his sub
ject at length. He told of some of the
irrational conversations which the
prisoner had after his arrest. On one
occasion Ashby declared with earnest
ness that he did not mind being
hanged, but he did not wish to be tor
tured He spoke of thumb screws and
other implements of torture in con-
nection with his own case, and de-
clared that every night people in the
Jail took his brains out and examined
his thoughts
The witness underwent a searching
cToss-examination in the hands of So
licitor General Osborne, and admitted
that Ashby appeared to be a well read
man. He was certain that he was not
Stimulating, and no matter how well
informed he was, he did not think he
would remember to do certain little
things considered a positive sign of a
special dementia. That mans moody"
said the minister. In answer to a
question he said that Ashby probably
knew right from wrong. and knew
enough not to get up out of his chair
and leave the court room. His acts
would be prompted by impulse and
he might at any moment do something
rash.
Mrs. McGinnis Sure Ashby's Crazy.
Mrs. Katherine McGinnis testified for
the defense and was a rather amusing
witness. Her sallies amused the jury
and spectators and caused much merri-
ment. "I'll say he's a crazy man, and
Cfin tn II oh
when addressed by the prosecuting at
torney. The witness lived in the house
with Ashby for a year 'or sich as that"
She noticed that he frequently picked
at his fingers, that his mind wandered
and that his eyes had peculiar. far
away look. She told of the assaults
committed by the prisoner on his wife
and of his ability to get away with
whiskey. According to Mrs. McGinnis,
the prisoner was either ill-treating his
wife or "as happy as you please The
witness denied telling several county
officers after the homicide, that Ashby
had stated to her his intention of kill
ing his wife. She admitted to the So
licitor that she lived alone with Ashby
in a house in the woods, and all the
time knew him to be a crazy man. Mrs.
McGinns evidently thought that she
was on trial and several times declared
that she was innocent.
DR.. Graham on the stand.
DR.. ST. ]. B. Graham was placed on
the stand by the defense as an expert
on insanity and his testimony was al
together satisfactory to the solicitor
general who considered that he got
shade the better of the physicians
opinion. DR.. Graham told Of his service
on Blackwells Island and of his treat
ment of monomaniacs. He examined
a., IN, he ia
over month ago and at that time
thought he was similatin He had not
seen the prisoner since, but had chang
ed his mind and believed him insane.
This change, the witness said, was due
TO the fact that he had heard the mans
history. Because he based his second
opinion on hearsay testimony ii was
ruled out to the discomforture of the
defense DR. Graham declared that
sane man could Simulate for a time and
deceive the greatest insanity expert.
Counsel for the defense presented
Hypothetical case and asked the physl-
clan IL he considered such man sane.
The attorney had related the peculiar
tiles alleged to have been noticeable
in the defendant and anXiously waited
for the experts answer.
"A man who did those things would
be either insane or intoxicated" said
the physician.
said counsel for the defense.
And / am giving a hypothetical an
swer," said the expert. Judge Twlggs
held q medical work open in his hand
as he questioned the expert, but DR..
Graham's answers to questions pro-
pounded were prompt and to the point.
Ashby's sunday school Teacher.
Mr.. d. V. Lebey testified that he
has known Ashby for thirty years, and
taught him in Sunday-school. AS
boy Ashby had been a puzzle to him.
At times he was bright and again he
was sullen and moody. On such oc-
casions he hung his head and would
not look those who addressed him in
the face The Sunday-school teacher
spoke of AshbY's uncertain eye and
unnatural pallow. and gave as his opin
ion the cause. Objections interposed
by the solicitor general did not carry
much weight with the witness, and in
variable, he finished what he had to
say. He had to be admonished by the
court to remain quiet when a question
of relevancy of testimony arose. On
the cross-examination Mr.. Osborne be-
Titled the testimony of the witness
and caused some little amusement.
The witness. however, stuck to his i'm
preston that Ashby is of unsound
mind.
One of the incidents of the day was
an effort made by Judge Twiggs to
take the stand in the interest of his
client. Counsel did not like some of
the questions put to a witness by the
solicitor general, and declared that he
had never been able to get Ashbv to
saw a word to him. He is not even
my client" said counsel warmly. IT
represent a lady in Boston, and have
never gotten any assistance from this
man. He has never told me anything,
aud II is not true that he talked TO
his counsel and refused to converse
with others" Judge Twiggs was not
permitted to take the stand, although
he had been sworn, and his language
was ruled out. IF the prisoner was
not your client you would not be ner-
mitted to say anything in this case"
said Judge Barrow in ordering the Ian
guage of counsel stricken from the rec
ords.
Peculiar and Eccentric.
Other witnesses were introduced by
the defense to show that Ashby had
always been eccentric and peculiar.
Mrs. Mary LaMotte had known him
for year. At times he was affable
aud pleasant. and at other times ugly
and surly. w. NJ. Hussey, a motor
man, had known him for eleven years
and considered him a man of moods.
His eccentric conduct so far as the
witness knew was confined to pecu-
liar manner and way in which he ahook
his head. The witness, however. con-