The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1902-12-09


so that they can no longer be controll-
ed by the will" This definition COM
prehends all that is embodied In the
foregoing judicial holding
From the testimony of large num-
Der of witnesses, including a number
of experts, and witnesses who have
detailed the conduct and movements of
the prisoner for period covering the
past four or five years, there is cer-
tainly preponderance of evidence
showing that the prisoner has had
periodical attacks indicating great !
mental arrangement and disturbance.
The history of the case was to large |
extent within my personal knowledge
/ prior to the taking of the testimony !
in this case have known the de-
fendant since October, 1899, when he
was first committed to the Massillon |
state hospital by Judge Henry A. |
| Wise
| As 10 the form of the prisoners
mental arrangement, il is exceedingly |
difficult to arrive at a conclusion.
| l am satisfied, however, that he has |
long had deusions of persecution
what both DR.. Searl and DR. Eyman |
classify as primary delusional insan- |
! ity.
DR.. Eyman, who is no doubt, one Of |
| the best aliensts in the state, basing |
his testimony on the result of his ex-
emination Of the prisoner in the coun-
! ty Jail. says that he believes him to |
be sane; but when given the history |
Of the case, as contained in Mr.. Sterl- |
| ing's hypothetical question, and which |
from all the testimony presented to !
the court is not an exaggeration.
then says that he Is insane.
The movements of the prisoner |
from Monday morning of the week of |
the homicide up to the Friday morn
ing when the tragedy occurred are
certainly of the utmost Importance in
his case. 1t is not necessary to cite !
what these movements were, his trip |
to Canton on Monday, back to Akron
OF Tuesday afternoon on bicycle
through mud and rain, his incoherent
wanderings, beginning at a. m.
Wednesday up to the time he was
found in a field three or four miles |
from the city in the convulsion de- [
scribed by the witness; his return to
Canton on Thursday after sleepless
Light; his movements during all OF
Thursday night, making a period of
ever four days and nights in which his
actions seem to have been entirely
beyond his control, impulsive and
emotional. with scarcely any sleep or
f0od-would certainly have been suf-
fcient to have produced collapse in
any one of normal temperament. He
could not have survived the expert
ence of that week if he had not been
laboring under nervous excitement,
wrought up to the highest tension.
All this eliminating in an unprovoked
homicide, he having had his delusions
Of persecution during the entire time,
and the doctrine being well establish
ed that delusions of persecution lead
TO homicidal mania, it seems to me
that there can be but one conclusion i:
as 10 Smiths mental condition on that
Friday morning.
There has been some testimony
tending to show that the prisoner has
decided symptoms of epileptic insani
ty. The CONFUSION at Akron, after
which he was treated by DR.. Sackett,
and which he diagnosed to be an epi
leptic seizure, and which when de-
ccribed to DR.. Eyman he pronounced
as a good type of epilepsy and the
negiodical nature of his attacks. his
morbid impulses, all tend to strength
en- the theory of epileptic insanity, but
with the history of but one convul-
sion, l would not undertake to pro-
r ounce it as such.
II is the general theory among
alienists as well as among some of the
cider medical writer's, that the acts of
a person suffering from delusional in
sanity. always tend along the line of
their delusions, that is il an insane
"erson kills man as the direct result
IF his delusions, he is held to be un-
accountable, while if he kills some one
against whom he could not have had
4 delusion, he is accountable. Counsel
for the state insists that this hom-
icide, having no relation to his delu-
sions, that Smith Is therefore account
able The modern writer's, however,
dispute this theory.
Several of the witnesses have testi-
fed that in their opinion much of the
trouble was occasioned by Smiths
immoral conduct, including the use OF
These opinions are not
borne out by the testimony Outside
cf some evidence of his having taken
G. few drinks on the night preceding
tho homicide, and outside of his i'm
pulsive wanderings at times when he
was suffering from these periodical
attacks, there is no evidence with the
exception of the history of sexual
abuse, of his having been a dissipated
or immoral young man, or Of his hav-
ing been in the habit OF becoming in
toyicated. His appearance of having
oeen intoxicated, which caused his ar :
rest upon several occasions, | believe