Los Angeles herald., 1907-11-30
SMILES AS
SHE RETURNS
TO HER CELL
PROSECUTIONS EXPERTS SAY
WOMAN is SANE
PASTOR TEsTiFIEs REGARDING
THREATS AGAINST BROWN
Long Strain Is Over in Murder Trial
and Prisoners Fate Will Now
Rest with the
Jury

| BY Associated Press
WASHINGTON, Nov. 29-"Oh. I'm SO
glad it is all over at last" exclaimed Mrs
Annie M. Bradley, charged with the mur-
der OF former Senator Arthur Brown of
| Utah. as she was led smiling from the
court room to the prison van which was
to take her back to Jail, today.
| The presentation of evidence had Just
| been concluded and court adjourned until
tomorrow morning, when argument will
begin.
Judge Stafford announced that an
agreement had been reached among coun-
sci for four hours of argument on each
side. These will be completed Monday af-
ternoon. and Justice Stafford said he
would then deliver the charge and give
the case to the jury.
The testimony of the two government
insanity experts, DIR. Edward M Brush of
Baltimore and DIR. Smith Ely Jeliffe of
New Yor. was the feature of today's
proceedings, both of these alienists declar-
ing there was nothing in the record of the
case to indicate that Mrs. Bradley was
| insane.
Try to Impeach Witness
Counsel for the defense attempted to
impeach the testimony of the experts by
showing that they had been called for the
government and as a matter of fact they
were testifying in the interest of the gov
ernment. Each of them repudiated this
charge and declared that they would have
testified to her insanity had they found
her insane.
Rev. David H Utter, pastor Of the
Unitarian church of Denver. who in for
mer testimony had been referred to as
| the priest" was placed the stand.
He was Mrs. Bradley's pastor in Salt
Lake City, and testified to conversation
he had with her in 1905, she saying, in eff
oaf 90 Ar1fv 30 fes ECerff kI.s.A
Senator Brown would marry her when a
gun was placed before him. but the pas
4 tor added he did not understand that she
proposed to shoot him.
:. Mrs. Bradley was recalled and stated
she had no recollection Of any such con-
versation.
DR.. Henry D. Fry of this city an au-
thority on women's diseases, was expected
to be called by the government to contra
dict the testimony of DR.. Wilfred Barton
of the defense, but it was decided not to
call him.
Dr. d. X. Shute, the Jail physician,
this morning continued his rebuttal tes-
timony begun Wednesday.
DR.. Shute's testimony developed nothing
new.
Rev. David H. Utter pastor of the Uni
tartan church of Denver, formerly of Salt
Lake, who performed the marriage cere-
mony between Mr.. and Mrs. Bradley,
then took the stand
Her Son in Court
Before the trial was begun little Arthur
| Brown. Mrs. Bradley's son, was brought
into the court house to see his mother.
On the opening of court District Attor-
ney Baker submitted the prayers of the
prosecution to the court, saying they did
not cover the points of murder in the first
or second degrees, and that he would pre-
fer leaving the matter to be covered by
llt.
prayers of the defense will be submitted
later. The governments prayers are as
follows:
1. The jury are instructed that sane
person has no right to kill another, no
matter how much he may have been
wronged by another, no matter how much
reason the person doing the killing may
have for hating and despising that person.
no matter how wild may be the anger and
passion under which the person may be
llaboring.
The law does not recognize the theory
that any person may have an irresistible
| impulse to do such an act as that unless
the impulse is the product of diseased
mind. The jury are further informed that
none of the evidence offered tending to
show the treatment of this defendant by
Arthur Brown can be considered by them
to justify, excuse or palliate her act.
| 2. The jury instructed as matter OF
inal act is a disease of that organ of the
human body wherein reside the faculties
| of intellect and of volition-the brain-and
| that morbid state of the affections or
passions or an unsettling of the moral
system, the mental faculties remaining
meanwhile in a normal condition. is not
such form of insanity that the law rec
ognizes as a valid excuse for criminal
act.
Must Be Considered Sane
3. The jury are instructed as matter
of law that if they find from the evil
dence beyond reasonable doubt that up
! to the time of committing the crime
charged in, the indictment the defendant
was sane and shall further find beyond
reasonable doubt that the defendant was
sane it is the strong presumption that
she was sane at the time of the commit
ment of the crime charged in the indlct-
ment.
A. The jury are instructed that all evil
dence of the mistreatment of the defend
ant by Arthur Brown, whether by word
or act, whether testified by the defendant
or by other witnesses, was admitted sole
| ly as bearing on the sanity OF insanity OF
the defendant at the time of the shooting
and is not to be considered by the jury In
any other way.
5. The jury are instructed that If they
believe from the evidence beyond reason
able doubt that she threatened and mem
aced the deceasd with a loaded pistol
for the purpose of compelling him to mar
ry or for any other purpose and while SO
threatening and menacing the defendant
unintentonally or accidentally discharged
and the deceased received therefrom the
would that caused death, the defendant
shall be found guilty of manslaughter
Claim She Is insane
Following are the prayers submitted by
/ the defense:
l. Presumption OF innocense--The usual
formal instruction is asked
2. Reasonable doubt BY the term "rea-