Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-03-06
the separate acts OF the defendant that
night indicated insauStv

the separate acts OF the defendant that
night indicated insanity
They Indicate to me that tho de-
PENDANT was Insane. He may have had
automatic knowledge as to firing the
pistol, and he may have had sufficient
intelligence to know he was causing an
noyance by blocking the way TO the
elevator after the tragedy. but these
facts do not shoW he was sane"
Would Nolir opinion as TO the de-
PENDANTS condition be Influenced If
you knew that he had taken a large
amount of liquor that afternoon"
Il would want 70 know haw much he
had taken"
Men who have been insane ar. still
susceptible to liquor during lucid inter-
walls, are they not? There is nothing In
the disease which would make them inn
nuue to the effect OF liquor. is there -
Nothing that know Of
rs there anything In the Hypothetical
question that enables you TO ten wheth-
er the defendant was insane or drunk %
There is nothing whatever IN the
question TO Indicate intoSication. much
less 10 indicate insanity
DR.. Wagner explained tha& the paid
face. slow and measured tread, the
staring eyes and elaboration OF the
defendant at the time OF the tragedy
were not indications of alcoholism
Mr.. Jerome then took up each of the
facts as given In the hypothetical uues-
ton and asked the witness II each one
might not have been the act of insan-
ity, DR.. Wagner said there was no act
that might not have been performed by
q sane man.
"a sane man can do anything he
likes" said the witness, provided he
has the capacity. An insane man is
often impsiied to DO things which he
cannot help"
You mean an irresistible impulse ?"
Yes"
That Is ALL
Dr. Wagner started to explain but
WAS stopped by Mr., Jerome, repeating
chat Is all, doctor"
Mr.. Jerome sat down, but In a mo
ment was on HIS feet, saying he had a
few more questions to ask
THE PREussER CASE.
'oYou testified for tho prosecution in
the Preusser case, did you not?"
Yes
And the defense was lnsanity?'
"Yes."
"And In your opinion Preusser was
insane when he shot Mcdonald"
Yes
"He had been drinking heaNlye"
yes"
You testified Prousser was zane, you
saY?"
YES"
''And he was declared insaine?"
Yes, and sent 10 Matteawan, but he
was afterwsTd released As sane
Mr.. jerome interrupted:
Are you stating facts now on what
you read IN the newspapers7"
DR. Wagner admitted he read OF
Preusser'a release IN the newspapers,
That Is ALL" said Mr.. Jerome
MI, Delinas asked but one question
upon redirect ero.s examination.
doctor, AFTER Tiiis long cross-exana-
inatlon. do you desire In any way 10
change your statement that in your
oplnlon this defendant when he shot
stanford White did not know tina his
acl was wrong?'
mot IN any way" answered Or.
Wagner.
"Thst is all" said Mr., Delmas
what do you mean by wlongg''
asked Mr.. Jerome on re-cross-examin-
alton,
Il mean that his mental condition
was such that he did not realize he was
committing crime or that he was liza
biz 10 punishment fQr wha he was do
one or two more questions relating
10 Or. WagnetS testimony IN The PreIs-
ser case ended the re-cross- examina-
lion, aud Or Wagner was excused.
The luncheon recess was ordered and
ThoNs attorneys announced that the
defeldants mother would take the
stand during the afternoon