The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-10-09
ON THE STAND
DRS. LOSE AND TOMLIN SAY COPEN-
HAvER is INSANE.
Relatives Also Testify that He Acted
Queerly-Jury Will Get the Case
Tomorrow.


sane now. To prove this relatives of Copen-
haver and two medical experts. Drs. Hugh
NJ. Lash and William S. Tomlin. authorities
on brain and nervous diseases, testified to
C~openhaver's actions previous to the muir
der and his present mental condition. Dur
ing the trial and the introduction of the
evidence Copenhaver maintained his disin-
terested look and evinced no curiosity at
the frequent mention of his name and the
enumeration of the actions which led his
friends and family to believe him insane.
His quiet and stupid appearance made
hin an object of curiosity to all of the
people present. and whenever he moved,
which was seldom, the curious people
strained themselves 10 see him in the new
position. The crowd was composed of men
and women, many of them colored, and
all of them bearing the earmarks of the
morbidly curious. Many medical students
and professional men, including lawyers,
were present.
DR.. Lash stated hat he mad a physical
examination of Copenhaver in the county
Jail Saturday morning, and at the exami-
nation DR.. Tomlin and Deputy Sheriff
Kurtz were present. After an examination
and an interview with Copenhaver DR..
Lash ventured the opinion that the man is
insane. ~Copenhaver's face is blank and his
eyes dull and shifting. indicating insanity,
DR.. Lash testified. The reflex of the eye is
normal, but possibly exaggerated, and the
head is a little too fiat and low in the
frontal region for it's shape. Considering
that the brain is controlled from the front
of the head, this indicates insanity also and
little brain development, DR.. Lash said.
CALLED HIM A DEGENERATE.
From the interview with Copenhaver on
that day DR.. Lash foun he was slow in
answering questions and his elaboration
and deficiency in memory indicated that he
is not saneJ He shove signs of much
worry and loss of sleep. From the make
up of the head and the opinion of the
physician Copenhaver could not resist the
temptation to kill his wife; he felt that it
was his duty and he could no more resist
the temptation than he could resist his sub
sequent actions, which, the doctor said,
showed that he is insane. Copenhaver was
perfectly willing to discuss the murder,
more so than any other subject, and his
ready answers and aptitude of memory in
the little details OF the crime indicated
what DIR. Lash called evidence of his being
a degenerate. He characterized Copen-
haverS insanity as p~arnoic, which is evil
denced in the symptoms of melancholia and
the memory of his crime n the glory he
takes in its commission.
On cross-examination by the states at
torney DR.. Lash replied TO many hypothet-
ical questions and stated in answer to one
question that the typhoid fever which near
ly caused C~openhayer's death a short time
previous to the murder might have caused
the insanity. Excessive drinking might be
the cause, but he stated it as his opinion
that his insanity was hereditary and could
have developed without any visible physi-
cal signs of II.
DR.. Tomlin's testimony was similar to
that OF DR.; Lash, and he replied to the
hypothetical question Of Henry Seyfried,
attorney for ~Copenhaver, which took TWEEN
ty minutes to put, and which embraced all
the causes and events leading to the muir
der, the present condition of Copenhaver
and his appearance while in court, and the
general physical makeup of the man, by
saying that he believed C~openhaver TO be
insane. He testified that any man acting
as Copenhaver did before the crime and i'm
mediately afterward, who has the evil
dences of insanity as clearly defined in his
body as he, and who could conceive and ex-
ecute such a crime, and afterwards be as
unconcerned as the prisoner appears to be,
must be insane. DR.. Tomlin and also DIR.
Lash admitted that 1t is possible for a man
to simulate insanity, and that il Is a COM
mon subterfuge of a man charged with
murder and In danger of being convicted of
the crime.
The other evidence of the defense includ-
ed the testimony of David Devine, alleged
to have been responsible for the domestic
troubles of the Copenhavers. Devine ad-
mitted that he had been forced TO leave
his boarding place at sos North Davidson
street because of the jealous suspicious of
Copenhaver, but denied that he had ever
been guilty or any act that would provoke
unpleasantness between the couple. He
said that on one occasion Copenhaver ap-
preached him and asked him why he con-
tinued to associate with his wife and why
he cared to- injure him (Copenhaver) in
that manner, but that he satisfactorily
RXnlalned the matter 10 COnPnhAVQr and
in his company confronted the wife. At
that time Mrs. Copenhaver was called a
liar by her husband for her statement that
Copenhayer intended TO shoot Devine for
his alleged intimacy with her, and Devine
prevented Copenhaver from striking her.
TESTIMONY OF RELATIVES.
Mrs. Johnson, of GIG West North street;
Mrs. Harris, Bertha Copenhaver, sisters
of the murderer. and William Copenhaver,
a brother, testified TO the ~strangeness of
Ora's actions for some weeks previous to
the tragedy. They all testified that to them
he appeared to be slightly unbalanced, al
though the insanity theory was not pro-
nounced until after he had killed his wife.
They had noticed that he brooded and
otherwise displayed evidences of being in
trouble. He refused to tell any of them
the cause of his worry, and only told them
in a general way of his marriage relations.
The witnesses testified that their father
WAS dH HdDlludl anu frequently,
in the latter years of his life, was known
to go into the streets without his shoes.
He lost all of his pride and did not dress
neatly.
Ora, according to the witnesses, became
drunk when he was fifteen years old, and
since that time has been known to drink
too much at times. In disposition he was
always a little peculiar, never talkative,
but always courteous to his relatives.
CONDUCT AFTER MARRIAGE.
After his marriage his conduct was DIFF
ferent. they said. and when his domestic
relations eliminated in the divorce suit
they often found him in tears. He would
go into the back yard and remain for more
than an hour at a time by himself. idly pick
at his fingers and never look straight al
a person with whom he was talking. When
they questioned him of his roubles he an.
swered evasively. but told them that he
could not stand ii any longer" and some
thing was going to happen"
Men who were associated with Copen-
haver In his employment in this city were
called to testify to his peculiar actions
prior to the murder. They said that he ap.
peared to them to be of sound mind, blu
at times was quarrelsome and frequently
had trouble with men with whom he was
working.
The defense will close its testimony to,
day and the evidence in rebuttal by th'
State VIII consist of expert testimony from
two or three brain specialists, whC
thinks, that Copenhaver is not insane bu
merely shamming insanity. When this evi
dence is in, probably by this afternoon. ar
gument will be heard, and IL is though