The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-02-05

caused some comment. IL was explained
later that a defendant is presumed to be
sane until the defense iniects something
to show that he was insane. Then, Of
course, the prosecution has got TO combat
that testimony.
The first interruption in Mr.. Gleason S
speech came when he said that he had in
his hands a paper by Or. Macdonald in
which he severely criticises -- that
was as far as he got. Assistant District
Attorney Garvan said he objected to any
thing being read from the document.
Justice Fitzgerald said the paper WASH
in evidence.
THE doctors evidence viii be" said
Mr.. Gleason. IF the court has the
slightest objection l am entirely willing
not to mention Il"
Justice Fitzgerald said he understood
that Mr.. Gleason. however. had an idea
that he had the right 10 read what was
on the paper. as he announced his inten-
ton of calling IL 10 the attention Of Or.
Macdonald.
by eonceding that he Is witness for
the prosecution, added Justice FitZger-
aid.
Wants to Read Paper.
BY conceding that he is a witness for
the people" continued Mr.. Gleason. Il
think it is proper for me TO refer 10 the
paper. But do not care to argue the
question I'm the slightest degree or TO take
the time 10 do It, because it is not neces-
sary But ! do not want to leave this
question with the idea that I have not
the right 10 refer to the paper"
Then Mr.. Gleason went on discussing
whether any insane man could tell the
difference between right and wrong II
that position were true he said. why.
then. in certain weak cases of insanity
the case would De stronger for the de-
PENDANT / mean that if that proposition
We're true it would not do as any harm,
bat Il tends 10 do the peoples case harm.
by making out that everybody that is in
sane cannot know right from wrong"
But the defense didn't rely on that.
There will be go different constructions
Of the statutes" he said Nor will
there be any argument or inference 10 be
derived by experts who think. in their
wisdom that they are higher than the
laws Of the State Of New York. We are
satisfied with the definition OF the law
as il stands day. IL is entirely ade-
quate, proper, and correct. and il is the
proper definition which should be applied
here. The Law. therefore submits TO ycu
but one question. When that man shot
stanford White. was he sane?
Jury Must Have No Doubt.
"Are you satisfied beyond reasonable
doubt that when that man shot Stanford
White he was sane? The prosecution is
bound 10 prove TO you. after we have In
PRODUCED, as we will. by evidence from
which you End that this man was in
sane-the prosecution is bound 10 prove
10 you beyond a reasonable doubt that
that man was sane when he killed Stan
ford White. So that gentlemen. the
question is right here. Here is the man
in the theater. He kills some one. Why
did he kill? Wen. he may have been
crazy, he may have been intoxicated.
be may have been acting under the in
huence Of revenge. De may have been
acting under the influence of jealousy.
ON some one or another Of these mo-
tives that man was acting. The prosecu-
ton has got 10 exclude from your mind
the doubt that insanity may have been
a factor I'm the homicide
IL began o. look as If Mr.. Gleason was
going 10 take up the four yours which
he had said Il would take, and some Of
the persons in the courtroom became a
little nervous and wanted 20 leave. but
Justice Fitzgerald had ordered that there
must be absolute quiet. Thaw had not
taken his head out OF his hands for some
time. when M Gleason had Il clash with
Mr.. Jerome.
Mr.. Gleason began TO Illustrate the diff
ference between a preponderauce Of evi-
dence and reasonable doubt He said
that the prosecution would have 10 con
vince the jury beyond "a reasonable doubt
that ThaW was sane al the time he kiiied
White.
jerome Interrupts Gleason.
And I viii endeayor 10 make that dis
tinctiou very clear and plain 20 you, 20
said Mr.. Gleason. .'for. gentlemen. if
your lives We're in the balance. This is the
test you would have TO apply. 7 presume
that you have an read more or less the
works OF Robert Louis Stevenson. and
YOU have read Of that mysterious orgaui-
cation which is called The Suicide Club.
/ viii invite you. therefore, TO go with
me 10 the portals Of that building and
go with me into the presence Of the pres
ident Of that club. You are standing be-
fore him. You are"
Mr.. Jerome was on his feet In a very
mild voice he said.
Pardon me. your honor; 7 am always
very loath 10 interrupt counsel If by the
most extreme construction of the law he
is within his rights Counsel, IL occurs
10 me, is going beyond the province Of an
opening statement To the jury. He is lay
ing down proposit lions of law and I submit
that he verify such propositions OF law. So
Justice Fitzgerald said that he thought
Nj Jeromes point was well taken He
intended. In the discretion of the court 70
allow counsel great latitude, bit in view
of Mr.. Jerome objection he felt COM
PEELED 10 tell counsel that he must con-
fine himself to the evidence he intended 10
Mr. Gleason didn't seem TO
think that he had gone out of the way.
but Justice Fitzgerald assured him ne
had
Il desire 20 take the intlmation Of the
court in all seriousness" said Mr. Glea-
son. but if the court has any question of
doubt as to the illustration / propose TO
give
Proceed. Confne yourself to a state
ment Of the evidence said Justice Fitz-
gerald rather shortly.
The suggestion that the district attor-
ney made is somewhat late, said Mr.
Gleason, looking at Mr.. Jerome. Il had
practically finished what I was about to
say upon the subject of insanity. and of
the law. The district attorney seems to
think that I was endeavoring to take a
different attitude or position than the at
ttude of endeavoTing to lay down for you
exactly the principles of law.
Returns 40 Subject.
Il wish that he had stated that before,
however. as I say that I am practically
through, with the exception Of directing
your attention-unless the court should in