Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-03
iROse, the Fiend,
Was He Insane?
Counsel for Defense So Argues Prisoner Himself Says He
Was Not and That He Knee What He Was DOING
When He :Murdered His WIFE and Wants 10 be
Punished 7hesefor- STATE Would c4cccmmodae HIM.

or insane. lie tells you that he believes
In predestlnatiOn and that he believed
II was predestined that he should Kill
his wife and he did II and has no re.
grets at all Might not his mind have
become so distorted by reason Of his
Dellet IN predeStInatlon that he did not
know what he was doing ana did moi
know right from wrong when he killed
his wife?
INSANITY TESTIMONY.
Let us look at the expert testimony
on insanity DR. Jones and Or. Doug.
las Doth stated that they could not say
,mnhether defendant was sane or insane,
Ihey are IN doubts about Il, DR.. Mayo
tne assistant prosecuting attorney. de.
cldted that defendant Is cane Whom
asked why he thinks SO, he simply re.
plles, because he does, and that Is the
only reason he can give for his belief
Gentlemen of the fury. this defendant
has not had a fair and impartial trIal
That Is perhaps startling statement
to make. II Is not your fault. II is moi
the courts fault and It Is not the fault
OF the prosecuting attorney and his as.
slstant, nut II Is the fault OF the law.
me law is defective for the reason that
IN case where the defense of insanity
~ lnterposed, there Is no provision made
lor me defendant 10 procure the benefit
vi expert testimony. Here Is a man
on trlal Tor his life, without any funds
10 conduct MS defense, and the law does
hol provide MIN an opportunity to Sc.
cure the benefit OF an eXamination as to
ms sanity by an expert In that line,
me physicians who were asked 10
examine him, refused 10 do so unless
they Were paid SIS for their services.
oIe OF the expert witnesses told the
court IN your presence that he would
refuse TO testify unless some provision
We're made for his remunera.
uon' Thus, gentlemen. you see
lhat we have been handicapped I'm
our defense Of this man. In conclusion
VII say that II YOU believe that de.
iendant was In his RIGHT mind when
~ committed the crime and knew
right from wrong Il viii be your duty
10 return verdict Of guilty. but n YOU
are not sure beyond a-reasonable doubt
mat ne was sane then II Is your duty
TO acquit him"
CHRISTENSEN FOLLOWS.
Attorney soren Y. Christensen fol.
lowed Mr. Kinney and made the clos.
ing argument for the defense. He called
the 1uty's attention to their sworn du-
~ 10 consider the case fairly and mn
partially and sair that II they re-
turned verdict Of guilty and defend
AM was executed when he was insane
they would be guilty Of judicial muir
der
SAYS HE Is CRAZY.
Gentlemen | can not bring myself
to believe that this man is sane and
knows right from wrong The testi-
mony on that point shows that the
physicians are IN doubt az to his san
NY Dr. Mayo Is man who believes
that I'm time of peace he should prepare
for war | do not believe In that say
Ing especially when a mans life is at
stake. After this man was placed I'm
jail one Of the first things DR.. MAYO
and the county attorney did was 10 ex-
anime him as to his sanity Why did
they do that? Simply because there
was something In his act and his con-
duct which denoted insanity. ana then
too, they believed IN that motto, In
time Of peace, prepare for war
They said, this man might lnterpose
defense Of insanity and we must head
that OF and show that he is not insane.
Why, gentlement Of the jury, the very
fact that he committed this crime as
he said he did and then can get up
here on the witness stand and tell Of il
IN the cool and deliberate manner In
which he did Is evidence enough to
my mind that he is insane. The ques-
tlon for YOU to determine is that he is
capable Of Judging right from wrong,
II you bring In verdict OF guilty with
out a recommendation for mercy, the
penalty will be death. hut II YOU bring
in verdict with such recommends
ton, he will be sentenced to life im-
prlsonment Should you ind that he
is not mentally responsible for his acts,
you should return verdict Of not
guilty and the punishment for his crime
will be left 10 a higher tribunal
At this point tho court took a re-
cess until this afternoon.
FURTHER CROSS-EXAMlNATIoN.
The further REORGANIZATION Of
Rose by Dist Atty Elchuor at the
afternoon session yesterday lasted
about IS minutes but nothing Of un-
usual interest was brought out. He
sald that his wife gave him about $50
altogether which he said he was CONF
PEELED 20 accept because he had no
money When asked II he knew his
Wife made the money by prostitution
he said that he suspected IT, At the
conclusion Of Roses examination the
defense called two physicians to give
expert testimony on the condition OF
the defendants mind
Dr.. p. q. Jones was the first physI-
clan called, lie was asked by Atty.
Christensen whether on not he had an
opinion as To Roses sanity judging
from his appearance, his testimony ON
the stand and the history Of his early
life as related by him. Dr. Jones adj
dressed the court and said that d"
would refuse To- answer the question
unless ordered to do 80 by the court,
until he had been assured that he
would receive compensation as an eX-
pert witness judge Morse informed
him that the law did not provide for
the payment ~ extra fros 70 expert
witnesses and instructed him 10 answer
the question,
NO have no opinion replied the
doctor 81 can't form one"
care Won lu doubt as 10 whether he
Is sane on ing0na?'
Yes sir
1T would tnkr considerable obser-
vations to determine that question:
Yes, SIR 10 would"
Dr. G., I Douglas was the next wit
ness called. he said that In his opn-
ion Roses actions We're extraordinary
but that he Is sane. At the conclusion
OF his testimony, the defense rested No..
case After consulting With Ass,
County Atty Dana r. Smith briefly
Dist Atty Eichnor called pr Mavo
to the stand IN rebuttal. lie statof
that Rose IS sane and CAPABLE of md.
ing right from wrong The state then
rested It's case and the court took "A
recess until this morning when The
aralunenLs were mada