The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1906-04-13

IMBECILE
What Or. Peterson Calls
Johnson--But Not
Insane.


I would consider that an imbecile
Of this grade would have realization
OF the consequences of a 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 he has not yet been
asked any questions thereon. These
opinions were formed after several
personal and somewhat prolonged in
teryiews 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
missal of DR.. j. f. Mcdonald who had
been on the stand for a day and a
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. of 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
lulu police station, of persons exam
ined for committal to the asylum, and
that for about a year now he had been
medical superintendent of Oahu Insane
Asylum.
DR.. Peterson was then examined by
Mr.. Harrison directly for the defense.
He saw the prisoner the latter part of
March and had long conversation
with him in which he tried to arrive at
, his mental condition. He had seen
him several times since.
From your personal examinations
of the defendant, what opinion did
you form of his mental condition? ?"
defendants counsel asked.
Il came to the conclusion that he
was a high-class imbecile,'' was the
answer.
There We're many definitions of in
sanity. DR.. Peterson said in reply to
another question. Every latest book
on the subject had a. new definition.
An objection was sustained to a
question as to whether Johnson's mem
tai condition came within the defini-
ton of legal insanity.
Witness said he would consider that
an imbecile of defendants grade would
have realization of the consequences
of criminal act. He could not fix
rule as to the degree of such realiza
ton.
a remark preliminary to a question
made by counsel, that "a dog that
stole a bone. knew it did wrong" was.
on the Attorney Generals objection,
ordered stricken out.
ITO what extent was next asked,
could a man of this grade of imbe-
cility realize the consequences of his
acts?"
Il can only answer in a negative
way" DIR. Peterson responded. He
would not realize them as a normal
man would
A question of the significance of an
irresistible impulse" drew a question
in reply as to what counsel meant, and
after some discussion of the phrase
the witness said:
IF 1 said the man had an irresistible
impulse I would say he was insane
Would his imbecility produce an ir-
resistible impulse?''
Not without he became insane" DIR.
Peterson replied.
Witness saw defendant for an hour
to an hour and half at each inter-
view. He did not discover insanity,
but did discover imbecility.
Mr.. Harrison here announced his ex-
animation of DR.. Peterson apart from
the hypothetical question concluded.
and submitted to the court whether
the prosecution should forthwith
cross-examine the witness on his evil
dence already given or await the con-
clusion of his examination on the hypo-
theticai question.
= Judge Robinson ruled that the direct
examination should proceed to the
end before cross-examination. It be-
ing five minutes of three o'clock the
court announced the mid-afternoon re-
cess of ten minutes.
Mr.. Peters interrupted 1.-The usual |
to the jurors on their
retiring, to object to the reading of
the hypothetical question to the wit |
ness. He thought it unnecessary, as
DR.. Peterson had been in possession of |
a copy of the question over two nights. |
Judge Robinson said that matter !
could be discussed at recess.
After recess Mr.. Harrison insisted !
on defendants right to have the ques- |
ton read. It's reading was concluded |
at 4:0o and the court announced a |
of the trial until 10 a. m. |
today.
Mr.. Peters wanted to hold on long |
enough to obtain DR.. Peterson's an |
swer to the hypothetical question. but |
the court denied the request. There |
fore DR.. Petersons answer to the |
question will be the first thing this
WARM FINISH
DR.. Mcdonald, on his retirement, !
had not budged one iota from the posi- |
ton he took twenty-four hours pre- 1
viously. Johnson's confessed killing
ANCIENT
ORDER HIBERNIANS.
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