The Savannah morning news., 1902-02-16
ASHBY FOUND GUILTY
WAS SANE WHEN HE SHOT DOWN
HIS WIFE.
THE JURY QUICKLY AGREED.
RECOMMENDED THAT HE BE I'M
PRIsONED FOR LIFE.


and Appeared Satisfied with YER
dict-No surprise Manifested mt
the Verdict-AbIe Arguments by
Judge TwiREs and Solicitor Gem
craI Osborne Ashby's Boston
Cousin Severely Handled by Pros
ecuting AttOrney-Rev. Mr.. ScuIIy
Termed n Theorist and Psychin-
try Held Up 10 RidicuIe.
When he shot his wife to death, Sept
10, last, Louis NJ. Ashby was able to
distinguish between right and wrong
and was not a lunatic. The jurors who
for three days had heard the testimony
of experts and others. and who were
filled with medical Jurisprudence by
counsel, so decided after a brief delib-
GRAFTON last night.
A verdict finding Ashby guilty of
murder, but recommending that he be
sent to the penitentiary for the re-
mainder of his life, was signed by
Foreman w. H. w. Schley The verdict
had been expected, and even Ashbys
counsel manifested no surprise. 1t was
stated that no appeal will be made for
a new trial.
Ashby sat unmoved as the verdict
was read and efforts to induce him to
express some opinion were unsuccess-
full. Apparently he did not hear what
was being said and Judge Barrow did
not pass sentence at once. He will
probably do so tomorrow. The jury
retired about 6 o'clock and in a very
short time had agreed. Supper was had,
however, before the jury was taken
into court and the finding was read by
Clerk Carr.
The third day of Ashby's trial was
interesting. There was little change
in the prisoners manner At times he
shaded his face with his hands and
rubbed his eyes. During parts of the
argument of Judge Twiggs, he dis
played signs of nervousness not visi-
twice when denounced by the prose-
cutting attorney. To those who
watched his face closely there ap-
peared slight traces of feeling
when some striking reference was
made by the counsel The change of
expression was noticeable during the
time that the solicitor general so Sc
verely scored the prisoners cousin.
She, too, showed her excitement and
after the case had been given to the
jury denounced the solicitor general
to those with whom she talked.
Threatened the Solicitor.
IF were man / would put a bullet
through him." she said. 1.-THE idea
of my being in love with my first
cousin"
Rev. ]. L. SculIy, rector of st. PauTs
Church, was in the court room during
the greater part of the day and talk
ed with the prisoners cousin. Rev. J.
A. Smith of the Epworth Methodist
Church, and Rev. DIR. John D. Jordan,
pastor of the First Baptist Church,
were also in the crowded court room
during the morning.
One of the most dramatic incidents
of the day was the appeal of Judge
Twiggs to the jury for the soul of his
client. With passionate eloquence he
pleaded his cause and his language
brought tears to many in the court
room. Many remained during the din
ner hour to hear the arguments of
counsel and a deep interest was evinc-
ed in the case. Inquiries as to the
finding of the jury were frequent after
the evidence was ended, but no sur
prise was expressed by those who fol-
lowed the case. The prisoners cousin
broke down when she heard the ver-
dict and became almost hysterical.
The Prisoners Cousin Again.
The Boston cousin of the prisoner
was placed on the stand at the open
ing to explain her letter to Ashby, in
troduced by the state at the night ses-
sion. The witness was agitated and
tears were in her eyes while she was
on the stand. In a clever way the wit
ness explained parts of the letter. Her
manner was emotional. and she made
quite an impression upon those in the
court room. She told of helping Ashby.
and his wife, and of her cousins loss
OF all ambition. 1.-The third cousin of
Gen. Ashby of Virginia, a street car
notorman," exclaimed the witness i'm
bition was gone and l did all that |
could to help him up" This testimony
was the most dramatic of the trial, and
the witness, who is of a nervous tenn
perament, was exhausted at the close.
Sne remained in the court room during
the arguments and set directly behind
the counsel for the defense.
The solicitors Opening Speech.
Solicitor General Osborne opened for
the state by reading from works of
medical Jurisprudence, and of the state
decisions in cases where the insanity
was pleaded. The prosecuting attorney
spoke of the responsibility for crime
and of tests of insanity. There could
be no rule governing every case. and
the solicitor general urged that all
of the authorities agree that occasional
eccentricities do not constitute insan-
lty. Lawson on insanity says ito free
man from responsibility of crime II
must be demonstrated to have been
the result of mental disease" The
solicitor read further TO show that even
though the prisoner had been laborlno
under partial insanity If he could nm.
derstand right and wrong and realized
that punishment would follow the
commission OF an act he must be held
responsible. The state also contended
mat II an insane person had lucid in
tervals, and committed crime during
such Intervals under the law, he must
be held accountable for his act. The
state held that there had been motive
ana tnat the crime showed all the
symptoms Of an abandoned and ma.
lgnant heart. n was committed in 4
~ Of passion because his wife wo,la
nd T..