The Hawaiian gazette., 1906-04-13
HIGA-CLkSS J
IMbECILE

OF the consequences Of criminal act"
These are the opinions Of DR. Charles
A. Peterson. medical superintendent OF
oahu Insane Asylum, upon Frank
Johnson. ON trial for the murder OF
little Simeon Wharton at waialua on
January last.
They are not the opinions OF DR..
Peterson on the hypothetical question
Of the defense. for ne has not yet been
asked any questions thereon. These
opinions were formed after several
personal and somewhat prolonged in
tervicws OF the doctor with Johnson.
DR. Peterson was called by Mr.. Har-
rison for the defense at 2:45 yesterday
afternoon Immediately after the dis
nissal Of Or. J r. Mcdonald. who had
been on the stand FOR day and
half
Attorney General Peters offered to
waive examination OF Dr. Peterson on
his qualifications as an expert, or the
details Of his medical experience. but
Mr. Harrison would not consent to the
waiver. Witness thereupon related
that he was a graduate. after taking
the full course in medicine and sur
gerry u the College OF Physicians and
surgeons Of New York city. that he
had practiced medicine and surgery for
the past Twenty-Five years. that for
two years he was examiner. at Homo
iuiu police station. % persons exam
med for committal to the asylum. and
fhat for bout year now DE had been
medical superintendent OF oahu Insane
Asylum
Or Peterson was then examined by
Mr.. Harrison directly for the defense.
lie saw the prisoner the latter part Of
March and had "a long conversation
win him IN which ne tried 10 arrive at
hts mental condition. He had seen
MIN several times since.
From your personal examinations
~ The defendant. whst opinion did
YOU form ~ his mental condition.
defendants counsel asked.
i came 70 the conclusion that he
was high-ciass inbecile." was the
answer
There were many definitions OF in
sanity Or Peterson said In reply TO
another question Every latest book
ON the subject had new definition.
An objection was sustained to
gu-stion AZ o. whether Johnson's men
tai condition came within the definI-
ton ~ legal insanity.
Witness said he would consider that
an inbecile OF Defendants grade would
have realization OF the consequences
~ criminal act. He could not fix
rule ~ 10 the degree OF such realiza-
ton
a remark preliminary 10 question
made by counsel. that "a dog that
stole bone knew Il did wrong" was.
on the Attorney Generals objection,
ordered stricken out.
ITO what extent" was next asked.
could 81 man " this grade Of imbe-
City realize the consequences Of his
acts"
y can only answer IN a negative
way Or. Peterson responded. He
would not realize Them a. normal
man would
a question ~ the significance OF an
Irresistible impulse" drew question
In reply as t. what counsel meant. and
after some discussion Of the phrase
uhc witness said:
II said the man had an Irresistible
Impulse would say he WAS Insane"
Would his imbecility produce an IT.
resirtibie impuise?'
Not without be- became insane" DR..
Peterson replied.
Witness saw defendant Tor an hour
10 an hour and a hair 81 each inter-
Wow u did not discover insanity.
bnt did discover imbecility.
Mr. Harrison here announced his ex-
animation of Dr. Peterson apart from
the Hypothetical question concluded.
md submiftcd % the court whether
The prosecution should forthwith
cross-"zamine the witness on his svi-
dcnce aircady given or await the con-
ciurion n BIZ examination On the hypO-
tHciica question.
Judge Robinson ruled that NJ" direct
examination should proceed 70 the
md before cross-e<aminaflon. II be-
ny I've minufcr n three O'clock the
couri announced me mid-aftefnOon re-
e'ss N zen minutes
W Peters interrupted "the usual
adnoni'ior" ~ ihc Jurors On their
retiring, n object - The reading ~
The hypothetical question a. the wit
rezs 81 thoDght II unnecessary. ~
~ PefersOn had been 10 pOssessiOn ~
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