The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-07-17

M'GRATH NOT INSANE
After a Rigid Examination Before
Judge Mccarty, He Is De-
cIared Sane.
Special TO The HERALD


:, Nephi, July I6.-Today the matter Of
me ne insanity of James w. McGrath was
neard before Jude McCarty. Drs. Steel
49,. -alaef OF TINS city and DR.. Robson OF
1t0No were the examined physicians
w W. jenkins, who testified at. the
a..uroer trlai that he did not think Me
Erdth OF sound mind. was the first VIII
ness examined His testimony was about
the same as that given by him at the
murcer triai-that ne had been to the
county jail, where McGrath was incarcer-
aeed, ana had there shaved the accused
number OF times and had employed him
70 paint a barber pole. He SAID when in
conversation with McGrarh that the latter
would cnanSe abruptly the subject about
which they were conversiug and thar Nc
Srath would put MS hand to his head
6dI when asked II he believed that Nc
e 80 was insane at the present time, he
Depdty Sheriff P. p. christison was
next sworn ana testified 10 the same ef-
tect, and IN addition that A{cGrath when
in jail, had his good days ana bad days
or spells of melanchOlia, and times of APP
parent good cheer. He was unable to
say az the present time whether the ac-
e9sed Mas insane now or not.
Each one OF the doctors also questioned
acOTath at considerable length as to any
hel sdlSaFy predlspositions. and as to his
eeneltion of his mind. He said he knew
OF no halucinationS he had ever expert
enced, except just before the homicide,
when he had worried TO such an extent
about his wife's actions that he had pains
IN his head. and, being unable TO cast off
IneSe troubles, he resOrted to drink 20
Try ana divert his mind, and after keep
Ing up his drinking for some time and
going without anything TO eat and with
OUT sleep, ne experienced the balls of fire
before MS eyes that he told about at the
murder trial His answers showed at
isaSt that there was nothing wrong with
MS mind at the present time. Dr. Robi-
son suggested after the examination that
tiie evidence was not sufficient to show
tnat the accused man was insane, and
there was some talk by the county at
torney about having the case continued
tll some later date, when they could get
Other witnesses who knew the accused
Ior some time prior to the homicide so as
70 compare his condition now with what
II mad been in time past as was thought
would be a good thing by Dr. Robson
Drs. Steel and Miner, however said that
Was pretty well gone into at the murder
lrldl. and that they had heard the evil
dence at that time.
N A Robertson, McGraths counsel
slrenuously objected to any further DELAY
in the matter. The doctors then conferred
together and said they were ready TO
report, and announced that they found
The accused not insane. Judge McCarty
then ordered McCirath TO be discharged
McGrath seemed pleased at this an
nouncement and began shaking hands
with some of his friends. who congratu-
lated him upon being twice discharged,
once upon the ground that he was insane
and the next upon the ground that he
was sane McGrath declares that he is
going to so adjust his life that he will
never again be brought before a court of
]. R. Hickman up to the present time
has been unable to furnish his appeal
bond of S,2eo and IS still in the custody
Of the sheriff.