The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1906-05-05
THE EAST HAVEN MURDER
DEFENSE TRYING TO PROVE
TAYLOR MENTALLY WEAK.

Some of the Witnesses Thought of
the Boys Mental Condition-Trial
VIII be Resumed TUESDAY Morning.
Very little news of any great import
ance was brought out at the murder
trial of Mrs. Jennings and her son Her
bert Taylor, in the superior court yes
terday. The main point at issue
brought out or sought to be brought
out by the counsel for the prisoners
was that the lad Herbert Taylor was
weak mentally and therefore not re-
sponsible for his actions.
While the defense doesn't rely upon
his seeming mental incapacity, yet
views in this an important element
that, combined with ther circumstances
clears up the situation somewhat. One
witness stated yesterday forenoon that
Jennings wanted to get rid of the son.
On this point yesterday morning At
torney Webb made brilliant speech.
His argument was in part as follows:
When the trial was resumed yester-
day morning Judge Roraback asked the
defense as to how far it intended to-
pursue an inquiry into the mental ca
pacity of Herbert Taylor. Attorney
Webb said in part:
My purpose, if your honor please, is,
first, to show the mental condition of
Herbert as compared to that of any
other boy of his age; that on account
of this condition he was given to max
Fo5 ,to4 pf ay1fc 70
the use of profanity, and, in general
way, whether he was in such condi-
tion and state of mind as indicating a.
basis upon which he might form a rea-
sonable belief that his life was in dan
ger, or that he was in danger Of suffer-
ing extreme bodily harm Under the
circumstances we wish to show that
with his intelligence he acted as he
reasonably might be expected to- also
if your honor please, as explaining ex-
aggerated statements, braggadocio, in
other words, in charging upon the
truth and making greater the simple
fact of the truth as it existed. The
general indications of the questioning
would be those as TO his mental pecu-
liarities, if he had any, in the line that
have suggested and also, as toI
whether or not in the mind of the wit
nesses they had not regarded him as
being absolutely clear headed. In other
words, whether they had ever consider
ed that he was boy of the mental ca
pacity of the ordinary boy Of his age
Judge Roraback said he would admit
the questions along the lines indicated.
Mrs. Mabel A. Jilson's house Is on the
road to Cosey Beach Herbert had
worked for her and she had seen his
father under the influence of liquor. On
one occasion when he was drunk he had
addressed an unprintable remark to-
her. After an alteration with Mrs.
Jilson four years ago Jennings set a.
dog upon her. Herbert she said, was
not bright.
did you speak with Herbert Taylor
at recess and kiss him?" asked Mr..
Williams of the witness.
I did speak to him.
Didn't you kiss him?"
mo"
Didn't you lean your head over this
way as he leaned his head toward
yours?"
you certainly are mistaken said
Mrs. Jilson
The attorneys for the defense object
ed and when matters began to grow ex-
citing a recess was declared until / o.
m. The recess Mr.. Williams alluded to
was between Ii and IL o'clock. The
state claims Mrs. Jilson is interested
in the outcome of the case.
Herman Shupsky testified he bad
known Jennings for five years. Shup-
sky lives near the buttonball tree at the
forks of the Mansfield grove road, and
the trail where Jennings was shot. He
had seen Jennings drunk.
II used to go home with him." said
the witness. Once he told me that if
it was his boy he would get rid of him,
but as it was his wife's he had to get
along with him.
For boy Of his age, he has no more
mind than a boy of two years" said
the Witness
The boy had worked in the quarry
with the witness.
Mrs. Nellie Green Talmadge of East
Haven river, stated that Jennings had
been to her place that Sunday april
81, and that he had a scant half pint
of liquor with him. He was not drunk
she said
From your acquaintance with Her
bert Taylor" began Mr.. Alling, what
do you think of his mental capacity?"
Il don't think that he was all there"
What do you think he was lack
ing?" asked Mr. Williams.
1T is hard work to tell"
DO the best you can"
81 don't consider he is a smart boy"
I'm what Particular"
II cannot really say. He took some
Of the boats without permission. Then
when I would meet him in the road, if
it was five or six times a day, he'd al
ways take his hat off, and call me Miss
Green"
Are people insane who call you Miss
Green?"
mo, sir"
Alfred Harlow testified that he
thought Herbert had peculiarities Of
mind. He did not think him bright
boy. He was a timid youth.
Lucy shupsky, also said that she con-
sidered Herbert a very silly boy. He
had said to her that all the girls were
after him.
Mrs William Dingman also said
that she thought the boy was mentally
weak She had never known him as
7 81