Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-11-08
MIND Is UNCONTROLLED
Experts Say Eric Kutzleben,
Train Wrecker, Can't Help
Doing Wrong
IMPERATIVE CONCEPTION"
IMPERATIVE
CONCEPTION"
Impulse to Do Certain Things, Which
He Knows are Wrong and May
Cause Harm, So Strong That He
Has No Will Power to combat-ln-
terestins Phase Of Trial.
Special to Times-Republlcan.

Special to Times-Republican.
Marengo, Nov. Though able to-
distinguish right from wrong and real
ize the consequences of his actions, he
was unable to control himself or keep
from wreclsing the Rock Island passen-
ger train at Homestead on. March FL,
is the contention Of the experts on IN
sanity who testified In the case against
Eric Won Kutzleben.
Drs. Hill of Des Moines, Eddy and
Henderson Of Marengo, all declare that
it is their opinion that the defendant
is an imbecile, unable to control him.
self when impelled to do wrong, though
he may know full well that what he did
was wrong and may lead to loss OF life
and criminal prosecution.
DR.. Eddy Testifies
DR.. VIM. Eddy of Marengo was re-
called to the stand yesterday morning
He had been called Saturday after
noon but was Immediately dismissed
so that the testimony Of DR.. Hill OF
Des Moines could be taken and ne
could be excused.
DIR. Eddy declared that he had made
an examination of the prisoner last
Tuesday in the offices of the attorney
for the defense. 1t was his opinion
that the defendant was am imbecile
and was Of unsound mind on March
21.
When the hypothetical question was
read to him, over which there was SO
much contention Saturday and which
summed UP the evidence and asked
If from it, the witness would judge
Kutzleben of unsound mind, Dr. Eddy
replied that he would declare in an
swer that the man was Of unsound
mind.
He said that from his examination
OF the prisoner, he would judge that
he could NOT control himself when he
was in1pelled to do wrong deed. He
might kaaow right from wrong and pro-
badly did know that death might re-
suit from the wrecking of the train,
but that he was inpelled by "impera-
tive conception and could not help
doing the deed.
DR.. Eddy had consulted with DR.. Hill
in regard to the case last Wednesday
and they had arrived at the conclusion
that this was what was the trouble
with the man.
"Did you arrive at your opinion OF
the mans sanity from your conversa-
ton with him." was asked by the
states attorney.
Il did," was the reply Of the wit
ness.
"Did you suggest any portions OF
or assist in framing the hypothetlca
question which was to be propoundee
to YOU on the witness stand?" asked
the states attorney.
81 did," was the reply.
"Did you talk with the ATTORNEYS
for the defense about this case?"
81 did"
I,r Eddy then went on to describe
the mental forms of man, saying
there were four classes. The frs
class, is that Of the idiot, who ha:
no mind at all, he declared. In the
second class are imbeciles of partly
developed mind They may be of
high order. and be educated but are
liable to be irresponsible on certain
subjects The third class is that o:
ordinary persons and the fourth,
higher order in which he would elias;
persons of an extraordinary intellect
Dr.. Henderson Testifies.
DR.. n. B. Henderson, of Maren.
90, was next called to the stand. H
reiterated the statements made by DR.
Hill and DIR. Eddy, declaring it wa:
his opinion that the defendant was O
u,1sound mind, that he was mental,
irresponsible, that he was an imbecile
and could not control himself whef
irnpelled to wreck the Rock Islan6
train March 81.
He had consulted with DR.. Eddy
and DR.. Hill and helped to frame thu
Hypothetical question which hat
been pronounced to him.
He thought that the defendant wa!
degenerate, an imbecile and wa:
Of a defective mind. He considered
him however, q high grade imbecile
The defendants statements were in
telIixent, but he could find no motive
for the deed.
Mail Clerk on Stand.
Robert Hanks, Of West Liberty
one Of the railway mail clerks, wht
was In the wreck, was the next wit
ness called. He had remained at TIL
scene Of the wreck until 10:30 o'clocl
the following morning. He had no
seen Kutzleben about the scene of tn
wreck. He did not know all the pas
sengers and would not remember then
all IL he saw them.
| He claimed to have started the mr.
which Mr.. Bagerbush in last week
testimony declared that he hat
started. but Hanks acknowledged tina
Bagerbush had assisted him.
Did Not See kutzleben.
G. A. Pomeroy, another mail clerk
was on the stand after Hanks hat
finished. He had remained some tim
at the scene Of the wreck and had no
seen Kutzleben. He had been sort
ing mail in the car after the wrecl
and looking up saw man standing II
the doorway, who said:
This was terrible wreck"
] He had replied to him. but said tn
man was not Kutzleben. to his knowl
edge.
May Finish Wednesday.
| It is generally thought here tina
the defense will finish taking it's evi
dence Wednesday morning and after {
short rebuttal. the case will be turne
| over to the attorneys for argument.