Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-04-20
Preliminary Victory for Respon-
dent in Williams Muir.
der Trial.
some EXPERT TESTIMONY
One Physician Does Net Know wheth-
or or NOt the Respondent IL Insane
While Two others Are salts.
fed That He 10 Mentally
Responsible.

Benjamin Williams. charged with the
murder Of Policeman james =. McGrath
in this city May II. 1904, was arraigncd
in county court Tuesday but the actual
trial OF the case was not begun because
OF motion 10 send Williams to Water
bury for observation to determine whether
or not he is insare. This decision puts tho
case off until the September term of
court at least. IT came after testimony
had been given by physicians who had |
examined Williams within the past few
weeks and the result was great sur
prise. The testimony as given by the |
physicians was not Numerically opposite
one saying that he could not say whether |
or not Williams was insane and the two |
others saying that he was not insane. |
The hearing on the motion to have Will |
Jams sent to Waterbury occupied the !
greater part of the morning and it was |
not until afternoon that Judge Watson
announced the decision. Acknowledgement
G. c. Fits Of Brattleboro and States
Attorney Sherman appeared for the State
and V. A. Billiard and r. r. Shaw ap-
pcarcd for Williams.
Promptly at nine o'clock Villa ms was
brought into the court by Sheriff Horton
and Deputy Sheriff Ravlin. Williams was
handcuffed and apparently cared little for
what was going on about him. At two
minutes past nine Williams was ordered
to stand. He rose quickly in the prison.
ers' dock and as the monotonous reading
OF the Indictment found against him by
the grand jury last September. proceeded
=
of a nervous twiiching of the hands and
| n continual shifting of the eyes. When
| Clerk Ray had concluded the indictment
he called upon Williams to plead but re-
ceived no response. Judge Watson di-
rectcd Clerk Ray to call upon Williams
| again. which he did but received no reply.
Judge Watson then directed that a plea
Of not guilty be entered.
is WILLIAMS INSANE?
| As soon as this plea had been entered
Attorney Billiard made a motion to have
| Williams committed to the insane hos
pital at Waterbury for observation. EX-
pert witnesses were ready to testify and
all jurors were excluded from the room
while the hearing WAS in progress. Such
a motion was expected for a similar appli-
cation had been made to Judge Powers
on a previous occasion but was refused.
At the time the first application was made
| Williams was in the State prison at
Windsor. During the carly part of the
present term OF court Williams's counsel
asked permission TO nave WlIhams ex-
amined and it was granted DR.. w. d.
Berry performed the duty for them. The
State also had Williams examined and
Dr. u. l.. Snirres OF Montreai ana Dr. ~
G. Andrews OF waterbury were employed
wyrIJAMss CONDITION QUESTION
| ARI.E
| Ut. Berry was '"e "is' WITNESS III"
| testimony was opened WIN s.a'e'"e"'
OF the experience nc hau hao WIN i'sa"e
patients. tie was FORMER mea'cai olrec'or
at the STATE insane hosn'ai at WAFER
bury ana recalled instances "here prison.
ers had been placed there Tor observation
mentioning Eastwood Neily ana others'
DR.. Berry SAD ne nrst saw Wi''ams az
the jail In october ana that ne maze
lengthy examination ~ that ti'ne' which
consisted OF talking with Williams near
ing nm tax ana watch'ns MS act'ons'
DIR. Berry said he did not then determine
whether or not Williams was insane AS
1t took Tune TO reach AN accurate conciu-
sion. -Four weeks later he saw Williams
and made "A similar examination.
Three weeks go Dr. Berry SAID ne saw
Williams again. he was asked 10 state
the experience ne mad win Nilliams at
that time ana ne SAD: MT Shaw ana
saw MN III the main room at the lai''
the cell being INADEQUATE to conduct an
examination in. we had serious difticulty
IN getting nm out OF ms CELL IN fact mad
to drag MIN out. AT first ne came down
stairs quietly but suddenly rushed up
stairs again and the second time he had
to be- dragged down.
What did Williams do asked Mr.
Billiard.
He remained mute: he would not speak
or look up. He was finally told that he
icould return to the cell. He refused 20
go and when officers took hold OF him he
resisted His body became entirely stlh
and they had to drag him. AT the door
he made stiff resistance but suddenly
stopped and after looking threateningly
at the officers said he would so up stairs
1 ,v,l,I n1 No. al