The Leon reporter. (Leon, Iowa) 1887-1930, 1904-06-02

TWO OF U0TCo u0lSNDOrS WHO na0 known
him for years saw him the morning OF
the shooting, and conversed with him
and he talked and acted in rational
manner and there appeared to be
nothing unusual or unnatural in his
action, appearance, demeanor and talk,
that during the year previous to the
shooting when seen by noighbors and
friends he appeared and acted and con-
Quoted himself in actions and converse
tion in a usual and ordinary manner and
as he had done for about ten years pre-
vious' thereto, that there had been no
change noticeable in his actions, talk,
appearance and manner during said
years, who few days before the shoot
ing computed from measurement the
number of tons of hay in several hay
stacks, that Dec. 81, 1908, eight days
before the shooting, had public sale of
about $1,000 worth of personal farm
stock and products, which sale he con-
Quoted and managed in a usual business
like manner, directed the clerk of the
sale to collect no notes that were not
good, that less than an hour before the
shooting he started with a wagon for
load of wood, and after going a number
of rods saw some cattle in his field, re-
turned home and walked half a mile and
started to drive the cattle to his barn
yard, that soon after he arrived where
the cattle were he met witness and
said 81 told Bracewell to take his cattle
and he has not done it, and said sis the
gap down" and also said that witness
could move his hay through the gap if
satisfactory to Bracewcll, that immed
lately thereafter said to an employee of
deceased who came riding up after the
cattle, II don't mean anything against
you, don't take any offense at me, want
to see the other man first," that he then
started after the cattle when the owner
Of the cattle came riding up a short
distance away, when defendant started
toward deceased cursing and swearing
and shaking his fist at deceased, and
that as deceased slid off his horse and
started towards defendant. he, the de-
PENDANT, started in rapid gate away
from deceased with his right hand in
his coat pocket, and after going so or go
feet turned and fired twice with revol
yer at deceased, and striking deceased
with one shot, and after deceased fell
defendant walked past deceased and
when short distance from where de-
ceased was lying on the ground said to
said employee of deceased, who had
accompanied deceased after the cattle,
''you had better take care of your man."
and then walked rapidly to his home
about a half mile away, and Immediately
started in buggy towards Leon, and
made no resistance to arrest by the
sheriff, what would you say as to
whether defendant was of sane and
sound mind at the time of the shooting?
The state propounded the above hypo-
thetical question to Drs. Horner, Glen
denning, Bowman, Lovett and Fox
worthy, and in reply each of them testi-
fed that in their opinion such man
was sane at the time he did the shoot
ing.
DIR. J. B. HORNER,
of Lamont, a practicing physician Sd
years old, practiciug 80 years, testified
describing the symptoms of grand and
petit NAL, which he did not consider in
sanity, but might produce insanity. In
reply to a hypothetical question regard
ing actions of the defendant he stated
the defendant was sane at the time of
the shooting. TO the defendants hypo-
thetical question regarding the family
history he said theae was strong faint
OIL insanity IN Cne family.
DIR. Z. GLENDENNING,
of Lineville, % years old, practicing for
40 years, testified to knowing Hayden
and doing practice for him. That
epilepsy was not considered by authori-
ties as a form of insanity. In his opin-
ion Hayden was sane at the time he did
the shooting. Assuming facts in hypo-
thetical question to be true, insanity
was hereditary in the Hayden family.
DIR. +. A. BOWMAN,
of Leon, who had testified in chief, said
he had treated the insane patients at
the county asylum for the last five
years, from 8 to % patients. That
epilepsy is not a form Of insanity but
may cause it, producing dementia. An
epileptic does not know what he does
during an attack but is rational be-
tween them. In my opinion the defend
ant was sane at the time of the time of
the shooting.
DIR. /. M. LOVETT,
of Lineville, testified epilepsy is not
form of insanity. That it most ire
quently developed between the ages of
10 and % years. Epilepsy may produce
insanity in the form of permanent de-
mentia. A patient has no recollection
of anything that happens during an
attack of epilepsy. think the defend
ant knew what he was doing when he
did the shooting.
DIR. O. w. FOXWORTHY,
40 years old, residing at Leon, practic-
ing for 20 years, testified epilepsy was
not form of insanity. 1t might devel-
ope at any age but usually between the
ages of 10 and 25 or 80 years. Less
than 10 per cent of epileptics are confin-
ed in insane asylums. Epilepsy may
cause permanent dementia. The patient
does not know what transpires during
an attack of epilepsy, between attacks
he is rational. would Judge the de-
fendant was sane at the time of the
shooting. Insanity in the Hayden
family is evidently hereditary. An in
jury on the head on such a man might
produce insanity.
At the conclusion of this testimony
the state rested in re-buttal.
On behalf of sur-rebuttal for defense