Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-08
IN HANDS OF THE JURY
Trial of Mrs. Jennie L. May
Almost Concluded.
REACHES THE FINAL STAGE
Proceedings Not Without Dramatic
Developments.
u. S. ATTORNEYS STATEMENT
What He Will Do in Event Defendant
is Acquitted Because Of
Insanity.
U. S. ATTORNEYS STATEMENT

dangerous weapon, following her shoot
ing of Lucien Conen. a member Of the Ma
rine Band. September q, 1905. and his
death, October Q, 1906 reached its final
stage today. The attorneys for the defense
occupied all of the morning session Of the
court in presenting their side of the case,
and at 1920 o'clock a recess was taken I'M
til l o'clock.
At that hour the United States attorney
began his closing for the government and
following the charge delivered by Justice
Stafford. the case went to the jury shortly
before o'clock this afternoon.
The proceedings in court this morning
were not without dramatic developments,
for United States Attorney Paker, in a
brief statement. Indicated his intention of
calling upon the jury, in the event 1t found
the defendant not guilty with the premise
of insanity as the basis to certify the mat
ter to the Secretary of the Interior so that
appropriate action looking to her commit
ment to the Government Hospital for the
Insane could be taken.
Stricken From Record.
Another ~untoward incident was in con-
neetion with Mr.. Fulton's closing argu-
ment when he said in part:
1--WE do not claim it as a defense, but
say to you, gentlemen of the jury, that any
man who would enter the home of another
and thereby assume his share In the duty
of maintaining the Sanctity of that home
any man who would live for years under
those conditions, and who would then try
to turn the wife against the husband and
who would threaten to blacken the char
acter of the wife, see that she should be
kicked into the gutter, and falsely accuse
her of criminal intimacy with another-I
say to you that man would deserve death"
At the remark Assistant United States
Attorney Turner was instantly on his feet
with an objection. and Justice Stafford or
dered that the remark be stricken from the
record. and he characterized it exceed
suitable apology. and concluded his argu-
ment with plea for the jury to weigh
carefully the evidence as submitted and
II they found Mrs. May to be insane when
doubt as to her mental condition, they
should acquft her.
Closing Arguments.
Attorney Gibbs Baker Of Mrs. Mays
counsel began the first Of the closing argu-
ments for the defense As soon as court
opened at 10 o'clock this morning. The at
torney rapidly sketched the series of pecu-
liar acts related as having been committed
by Mrs May during the later years Of her
married life, and upon which the plea Of In
sanity Is largely based.
D.
was and Is an epileptic?' remarked Mr..
Baker. I'VE have it from Mr.. May that
Mrs Mays mother suffered spells. or fits.
and we have it that her sister suffered SIM
iiarly: What II we call 1t hysteria, or call
1t epilepsy? The physicians who have been
on this stand have said both diseases have
an effect upon the nervous system. and.
hence, an effect upon the mentality. What
you are here to judge. gentlemen Of the
jury. is whether this defendant was COM
petent to distinguish between right and
wrong at the particular time the shooting
occurred
The authorship of the seventy-seven let
ters introduced into the case yesterday.
which had previously been cOmbated was
practically admitted by the defense when
Mr.. Baker called upon the jury to consider
the stress which must have weighed upon
the mind Of Mrs. May as evidenced by her
declaration in the letters about the disaster
which would follow discovery of their clan
deStine relations.
1T is evidence that Mrs. May was suf-
fering tortures of conscience every day."
Mr.. Baker said and what difference does
it make what their relations were so far as
the guilt of this defendant as indicted Is
concerned
I'VE make no appeal to your sympathies.
but only ask that the case be adjudged
tent to submit the case Of Mrs. May to you.
confident that You will restore her to her
family and her friends
Attacks Position Of Prosecution.
Strenuous attack upon the assertion of
Mr.. Turner yesterday that the whole case
of the defense was erected upon the imagi-
nation of counsel was made in his opening
by Attorney Greed M. Fulton. in closing
the case for Mrs. May. He cited the testi-
mony Of several of the witnesses to prove
that Mrs. May had suffered attacks of cpl
lepsy. and 1t must be expected. he said
that the defendants mind Is correspond
ingiy affected.
1.-THE law does not contemplate separating
any person from friends and family unless
he or she has committed some offense
against the law. Further than this, the
law recognizes that person who has trans
crossed 1t may be so affected mentally as
to be irresponsible. and it does not intend
that any one who cannot distinguish right
from wrong shall be declared responsible
for crime. l submit it as proposition
that before you declare this woman guilty
of the OffenSe here charged you have got
to know beyond reasonable doubt that she
realized the full purport of her act. We
submit there were at that time sufficient ex
citing causes to have brought on not one
but a dozen attacks of epilepsy upon a
person subject to such a malady."
Mr. Fulton dwelt at length upon the
Gated Mrs. May passed through and upon
the testimony of the experts on insanity
as to the tendency of such suffering upon
mind already weakened by epilepsy or
hysteria.
Does she look like hardened criminal?"
the attorney continued Had she ever
before committed a crime?"
Weak physically and subject to the
least excitement. does 1t stand the test of
reason that this woman could have shot
another human being. as it is admitted
she did. and show only slight nervousness
II she were in full possession of her mental
faculties? It does not seem to me that
such q premise can be sustained for an in
slant. There are few strong men who can
go through the ordeal Of staying another
without evidence of excitement. and how
much less does 1t seem possible for a
broken woman to shoot down young
man as he walked beside his mother on
the public highway and show no emotion
after he had failen-uniess that woman
was at the time insane?
IF she was then mentally unsound It il
intended that the law shall lay its heavy
hand upon her.
And If there is any reasonable doubt
IN your minds as to her ability to then
distinguish right from wrong win expect
that you will exonerate her from ali blame
and bring In verdict OF not guilty
At the fonclusioh OF Mr.. Fulton's argu-
nent at fs:20 O'Clock recess was taken un-
Il o'clock, -,
DISTRICT Attorneys Argument.
"Dit she realize what she was doing?