Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-03-06

the separate acts of ti1e 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 10 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 Nour opinion az 10 the de-
fendaist's condition be influenced lie
you knew that he had taken a large
amount of liquor that afternoon
I would want TO know haw much he
had taken"
Men who have been insane are still
susceptible to liquor during lucid inter-
walls. are they not2 There Is nothing In
the disease which would make them i'm
mune TO the effect OF liquor. is there:''
Nothing that l know Of
us there anything In the Hypothetical
question that enables you to tell wheth-
er the defendan was insane or drunk"
There Is nothing whatever In the
question to Indicate intoxication. much
less TO indicate Insanity"
DR.. Wagner explained that the paid
face. slow and measured tread the
staring eyes and dellberation 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 Ques-
ton and asked the witness IL each one
might not have been the act OF insan-
lily. 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 ifnpelled 10 do things which he
cannot help"
You mean an Irresistible impulse?"
yes"
''That Is ALL"
DR.. Wagner started 10 explain but
was stopped by Mr.. Jerome. repeating
that Is all, doctor"
Mr., Jerome sat down. but in a mo-
ment was on HIS feet. saying his had a
few more questions to ask
THE PREuSSER CASE.
you testified for the prosecution IN
the Preusser case, did you not2'
YES
"And the defense was insanity2'
yes"
"And In your opinion Preussei. was
insane when he shot McDonalde"
YES"
ne had been drinking heavilyg"
Yes
"You testified T'reusser was came. you
ssy?'
Eyes"
"And he was declared lusane7'
Yes and sent Ia Matteawan, but he
was aftnrward released as sane"
Mr. Jerome Interrupted:
Are you stating facts now OF what
you read IN the newspapers"
Or. Wagner admitted he read or
Preusser's release IN the newspapers.
That Is all" said Mr.. Jerome.
Mr., Delrnas asked but one question
upon redirect oross-examinntion.
'-Doctor, after his long cross. exam
nation, 10 you desire IN any way TO
change your statement that In your
opinion this defendant when he shot
stanford White did not know that his
act was wrongf"
"Not in any way" answered Or,
Wagner
''ThAs is all" said Mr.. Delmas.
What do you mean by wrone?"
asked Mr. Jerome on re-cIoss-examin-
alton.
II mean THAI HIS mental condition
was such thai he did not realize he was
committing crime or that he was liza.
bic 20 punishment for what he was do
Ing.
one or tNO more questions relating
10 Dr. Wagner's testimony In tho Preus-
ser case ended the e-cross-examina-
ton, and loT. Wagner was excused.
The luncheon recess was ordered and
ThuW-s attorneys announced that The
defemdnnt'S mother would take The
stand during the afternoon,