Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-15
HE QUERIES AN ALIENIST
Aged Mother in Tears When Justice
Decides Against Him.
ACCUSES JUSTICE MARIAN ALSO
Judge Adjourned His Court to Attend
the Proceedings as
Witness.

NEW YORK, January 15.-Supreme
Court Justice TruaX recommitted Edward
]. Russell to the Asylum for the Criminal
Insane yesterday after listening for a week
to testimony of witnesses chosen by the in
sane man, including eX-Gov. Benjamin B.
Odell and several justices of the supreme
court.
When the decision was announced Rus
sells white-haired mother, who had been
in attendance throughout the hearing,
broke down and wept quietly. 1t was due
to her efforts alone that the man succeeded
in obtaining four hearings before the SUI
preme court and her bearing during the
proceeding that ended last night enlisted
the sympathy of all who had to do with
the case.
Russell was sentenced to prison for ten
years for attempting to blackmail Su-
preme Court Justice jerks of Brooklyn.
When his sentence expired it was found
that he was a victim of paranoia, and he
has been kept in hospitals for the criminal
insane ever since.
The first witness called by Russell yes
terday was Justice jerks. At the first
call the justice did not respond, but he
appeared a few minutes afterward, and
Russell asked but two questions. First,
did the witness know John +. DOnnelly,
a private detective? Donnely was a wit
ness against Russell when he was tried.
sell asked him: What was the crime for
which / was tried?'
Record of His Case.
''Extortion, 1 believe said the justice.
That's all 1 want" replied Russell.
"That sustains my contention that the
record was fasfied to represent that l
was convicted of blackmail.'
Justice Josiah r. Marean was the next
roI hot no hn1
been compelled to adjourn court to attend
in answer to the subpoena. Justice Ma
rean had Russell before him on writ of
habeas corpus in 1904.
why did you dismiss the writ after
you had declared that you would release
me if certain records were not produced
when these records were not produced!
asked Russell.
rs Justice Marean in this conspiracy?''
asked District Attorney Clarke.
He was" responded Russell. Il have
to build up my case, bit by bit"
Russell then asked justice Marean II he
F. Murphy, Gov. Odell and other con-
spirators, who he said, were concerned in
keeping him in prison
Il do not know what you are talking
about" said Justice Marean
Odd you not unlawfully dismiss that
writ to help some one of influence? A
Such a purpose was never in my horizon.
O.-Would you admit it if you had done
SO? Al believe L would. 1 always tell
the truth.
Given if it would consign you to politi-
cal oblivion and smirch your judicial
honor? Any judicial honor is safe.
After several more similar questions Dis
trict Attorney Clarke objected and Justice
Truax sustained him, and Russell said:
You are protecting this witness, and
through him Charles F. Murphy
One of the questions Russell asked the
Justice was: Don't you know that Mayor
will have nothing do wit n
Murphy because he knows of his duplic-
ity?'' The justice replied that he did not.
Matter Forgotten.
Should a judge of the supreme court
make himself Infamous by protecting
Charles F. Murphy?' Russell asked.
District Attorney Clarke objected to this
line of questioning so strenuously that the
matter was forgotten and the question re-
manned unanswered. Russell demanded
that the record of the proceedings taken
before Justice Marean under the writ of
habeas corpus be sent for, and this was
done. Justice Marean was then excused.
Other witnesses called by Russell were
a newspaper reporter who was asked to
identify interview which Russell tried
to read in evidence. Then Russell an
nounced that he closed his case. Dis
trict Attorney Clarke moved for the dis
missal of the writ, but this motion was
denied by Justice Truax.
DIR. Carlos f. Macdonald was then
called to the stand. He has been in at
tendance on the court since the hearing
began, and Mr.. Clarke asked him if after
hearing the statements made and letters
read by Russell he had determined that
he was sane or insane.
He is insane beyond any question:, re-
piled the doctor.
Symptoms of Paranoia.
The physician then described the symp-
toms of paranoia, and said that it was one
of the most dangerous forms of insanity.
Russell then examined him.
Q.-How many men have you pronounced
insane who were afterward released under
wrts? Al do not know. l do not think
any.
Q.-What is the chronological shape of my
head? Al could tell if | measured it. 1t
is a paranoiac'S head.
Q.-How long have you posed as expert ?
Al never posed.
DIR. Macdonald in answer 20 further
questions, said that he had determined
Russells insanity on his decisions that
he had caused great political upheavals
in the state and his general nervousness
and the tremulousness of his lips.
Q.-Wouldn't you be nervous il you had
been locked up for five years and four
months? Al do not know.
Q-Should / not be more nervous than a
man out to enjoy three meals a day, go to
the theater and generally enjoy himself?
A.-You might be.
Q-Do you believe l could have endured
all / have and conducted my case here as
l have If l was dangerous paranoiac?
Al never knew case just like yours.
1t is most extraordinary case. l admit
After DR.. Macdonald left the stand JUS
tice Truax decided to send Russell back to
the asylum.