Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-06-08
'NYNhE COURT MARTIAL
Further Evidence at Brooklyn
Hearing Today.
SURGEON BoGERT's VIEWS
Says Accused is Entirely Responsible
for Acts.
HIS REMARKS WERE QUALIFIED
Peculiarities Of Captains Tempera-
ment Exploited to court-Aggra-
waited Insanity From sunstroks.
HIS REMARKS WERE QUALIFIED
Special Dispatch to The star.


NEW YORK. June s.-rhe testimony OF
United States Surgeon q. 8. Bogert at che
court-martial of Capt. Wynne Of the United
States marines today was to the effect that
the accused captain, who is being tried for
alleged characterization in not obeying a
military order. is entirely responsible for
his acts. The doctor qualified his remarks
TO mean during the time he was mess
mate of the accused. which was before
May 81, when the alleged offense was COM
mitted. Surgeon Decker had previously
testified that Captain Wynne is mentally
irresponsible.
Medical testimony continued to occupy
the attention of the board at today's ses-
sion. After DR.. Furlong was recalled to be
allowed to alter his testimony of yesterday
In some minor details. Surgeon Bogert took
the stand He said he served with Capt.
wynne on the United States steamship
West Virginia from April, 1905, until the
following october.
.Do you believe that the accused is In
sane7" the surgeon was asked.
mo" he replied with emphasis =,
what peculiarities of temperament
about him have you observedT
81 noticed that he was quick tempered
and easily inclined to wrath.
state your professional opinion OF the
mental condition of the accused"
1T would say that he is of sound mind
and that there is no evidence OF insan-
ity"
what is your opinion of his judgment
and discretion?"
From my personal knowledge. would
say that his judgment Is very poor. Ger
tainly so In periods of excitement"
els he responsible for his acts?"
Responsible If Not Imbecile.
"As he Is not an imbecile. should say
that he Is responsible"
The witness further said that in his
opinion Capt Wynne, when excited. was
just as liable to do wrong as right.
What effect would heat or a sunstroke
have upon a man of Capt Wynne's tenn
perament?" Lawyer Theall wanted to
know.
The witness thought 1t would aggravate
him to the extent of producing insanity
Mr.. Theall had long fight at this point to
get the witness to admit that he recognized
that there could be mental arrangement
without sanity, which he finally did.
And such insanity might be induced by
sunstroke"
Yes" admitted the witness.
Lawyer Theall read an extract from the
navy medical record of August I. 190O
which told about Capt. Wynne being ad-
mitted to the hospital and being on sick
leave for three days as the result Of heat
prostration, which he received while on the
march to Picking
Does a sunstroke relieve person Of re-
spcnsibility for his acts?' was the next
question.
Mental Derangement and Judgment.
''If his mental arrangement is only slight.
he Is responsible was the doctors opinion
Can an officer who Is suffering from
mental arrangement think that he is do
ing right when in reality he Is doing
wrong?
After long hesitation the witness
averred that a mental arrangement could
warp a mans judgment.
May a person who Is mentally derangad
distinguish between right and wrong and
control his actions accordingly" Capt.
McLain wanted to know.
I'm my opinion. yes" said DR.. Boyer.
The witness ended his testimony by say
ing that, in his opinion, Capt. Wynne was
entirely responsible for the legality OF his
acts up to last October, when he parted
from him, and that he never thought that
he was mentally deranged
Judge Advocate Pressey then asked for
an adjournment until tomorrow SO as to
enable him to produce some new evidence
and It was granted.
II Is thought that the trial will end 20
morrow.