The Washington times., 1907-07-12

the officials believe they can control the
situation
A farmer drove into town today and
informed Henry Bowie that Dennis
Poseys brother OF the slaughtered man.
had tacn an oath OF vengeance and
sworn to retaliate IN human blood for
the staying Of Hubert The Bowies
were hystericaI when they learned of
this threat. and informed their counsel
Senator Adrian Posey contemplated haY-
ing Dennis arrested but did not. II Is
said the Bowies are armed.
Nj. Mudd's Address.
Mr.. Mudd said:
Gentlemen: We have not resorted to
what we consider as but little less than
the subterfuge OF medical experts 10
prove insanity We do not believe and
claim that these defendants are insane.
We do claim that by the very nature OF
the case. arising OUT OF the terrible ten
sion and anguish TO which they were
subjected. by the outrage perpetrated
upon this trusting girl, that they were
not and ought not 70 be considered. as
mentally or legally responsible Tor their
act as a crime.
'It may be that this contention may,
as the defense of insanity clearly and
certainly is, naught but = legal fiction.
Il do not deny that lawyers. and also
Jurors. haye. TO a large extent, resorted
to this fiction IN order to find a path
way from the rigid and inieXible techni-
cality OF the law. 10 conclusions en-
forced upon them by their own sense of
justice and humanity.
Essential Feature Of Law.
"The family in this land Of ours is
the nucleus Of the Commonwealth. The
protection Of the sancity of the family
ties, the chastity Of women. the develop
ment and maintenance of a salutary
and exalted respect for the honor OF
the mother, the sister. and the daugh-
essential feature of the law in this land.
In nearly every State of this country
there will be found an exemplihcatiOn
and recognition OF this fact, and an
adoption OF this doctrine.
1T is in this sense that confident
~ claim the protection Of what / have
called and I claimed the "unwritten
law, as an adequate defense for these
defendants. 1t IS a principle of what
high authority has classified as ''1uris-
dicial evolution
Counsel for the defense called Mrs.
Mamie Leland and Deputy Clerk AZ
britain yesterday afternoon to testify
relative to the proposed marriage last
Thanksgiving Day Mrs. Leland. sister
Of the slain man. testified that she gave
Hubert Posey SO several days before
the day set for the wedding With this
he was to procure a license and wedding
ring. Mrs. Leland stated that her
daughter was married on the appointed
night. but Miss Bowie was not because
Of Hubert's failure to appear
Colonel Wilmer endeavored to show on
cross-examination that the money had
been given TO Posey to purchase a dress
for Mrs. Leland and that Miss Bowie
was simply to act as a bridesmaid at
the wedding of the witness daughter.
Mrs. Leland denied that this was true.
Deputy Albrittain testified that mar
riage license was issued by him shortly
before Thanksgiving Day for the mar
riage of Priscilla Bowie and Hubert
Posey.
Senator Posey. chief counsel for the
defense, then announced that the de-
fense rested its case. No intimation was
given OF medical testimony tending TO
show the effect Priscilla's story had On
the minds of her mother and brother.
According to the Maryland practice.
the court gives no instructions to the
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