Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1905-06-01

prescribe for her certain drugs and medi-
cine which he know to be dangerous, and
he observed that she was in highly
nervous state OF mind and 1cw into a
passion and Threatened TO kill him If no
did not prescribe for her as requested.
Other ffan this he testifies to nothing
that she did or said while there as u
basis in his opinion that she was then
temporarily insane, nor does he state
what he did by way of examination, nor
upon what he bases his opinion that she
WAS suffering from puerperal insanity"
NO HEREDITARY INSANITY.
Regarding the affidavits of Jane Smith.
William Bryant. and Johanna Callahan
(Mrs. Rogcrs's mothcr), the opinion says:
1.-THE testimony of these three atlantis
fairly considered tends to show that
Charles Bennett was a man of a low de-
PRAYED nature, mentally weak. of vio-
lent temper. and that he at times severely
beat, wounded and ill-treated his wife and
threatened to kill her and the child
when born. and on one occasion attempt
ed to smother the child and on others to
poison ii with laudanum; also that dur.
ing all the time covered by their testi-
mOny he was addicted to the excessive
use of alcoholic liquors and frequently
came home beastly intoxicated. The fair
inference from this testimony is that his
violent actions and threats shown werc
largely If not wholly when he was under
the influence of intoxicating liquor The
testimony of the petitioners mother hear
ing upon this point Is hardly susceptible
10 any other construction"
1t appears from the evidence attached
to the petition that Patrick Dwyer. a
brother of the petitioners mother, was
declared insane on the Goth day Of April,
1885, and committed to the Hudson River
State hospital at Poughkeepsie, N. Y.
on the Same day as an insane person,
where he remained until the 4th day of
August following when he was discharged
as improved, and that he was suffering
from form of insanity known as acute
melancholia."
NO INDICATION OF INSANITY.
After reviewing the afiidavits submitted
to show that Mrs. Rogcrss uncle Pat
rick Dwycr. was insane and the test-
mony showing that she was buying fur
niture and planning the murder of her
husband and to go to housekeeping with
Morris Knapp. the opinion says:
1.-The evidence discloses nothing in her
actions or declarations prior to the time
of the homicide nor afterwards tending
to show that she was mentally unsound.
or was in anywisc irresponsible for her
acts.
1.-The evidence tending to show insanity
Of the petitioner Is confined to the testi-
mony of Dr. McWayne. So far as appears
he was a common practitioner with no
experience with phases of insanity which
he describes beyond what that practice
would give him. His affidavit stands en-
tirely alone in support of any theory of
insanity during the time of the petition
er's pregnancy. No relative or friend or
other person with whom she associated
has testified to any abnormal act or say
ing by her during that period. The case
IL destitute of any evidence that she
showed any signs Of insanity at any
other time within the period of her preg-
nancy. 1t is to be noticed that the time
when Dr. McWayne examined her was
during the same week in which she was
engaged in looking over and buying fur
niture at Charles Potter's store. the de-
tails of which already appear. Her ac-
tions and declarations in that transaction
instead of showing an unsound mind
clearly show her to have been in full
possession of her mental faculties. know.
ing what she wished to purchase. plan
ming the ways and means for making
payments. and arranging with the dealer
regarding the same. Everything that DR..
McWayne's affidavit contains regarding
her actions and declaration may be ac-
counted for upon the ground Of an out
burst of temper.
NO BENNINGTON EVIDENCE
II Is significant that the petition for a
new trial contains the evidence of no one
| In Pennington. where she was staying
for weeks prior to the homicide. nor Of
the doctors who performed the autopsy
aud saw her with her actions and say
ings on that occasion. nor the selectman
and health officer having the body in
charge. nor of the persons ut the jail.
where she was imprisoned before going