Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1907-09-24
BUCK TOHANG
DECEMBER 6
LOSES FIGHT TO PROVE HIMSELF
INSANE
ATTORNEY CALLS DOCTORS AZ
FIDAvIT FALSE
Physicians Who Have Examined Pris-
oners Since Saturday Say There
Is No Indication That Mind
Is Not Sound
Rens6lArggsS
O<s Asss, r>sssse SvaAns-

Morris Buck, convicted in March, 1906,
of numbering Mrs. G. A. Garfield, was
taken before Judge Wilbur yesterday ana
the date of his execution set for Decem-
her g. between the hours of 10 and 4.
Before the prisoner was ordered to stand
I'D and hear his fate there was spec
tacular display of legal pyrotechnics.
Buck was originally sentenced by
Judge Smith to be hanged June TO- 1906.
but his attorney, A. d. Warner, appealed
to the supreme court, which decided
against the defendant last week. In re-
Spouse to an order from Presiding Judge
Monroe the prisoner was returned from
San Quentin. where he has been confined
since his trial. to have the date for his
execution fixed The original sentence
was still in force, but the stay granted
by the supreme court prevented the exc
cution on the date formerly set.
when District Attorney Fredericks. who
was a trif1e late, arrived in court ne at
once proceeded to file the affidavits OF
half a dozen doctors, who had examined
Buck at the county Jail since Saturday.
ENCHANTING to refer to the affidavits al
ready filed by the defense Fredericks
said:
.I presume your honor wants little
moro information regarding the mental
condition of the defendant, and L Ceslre
IN introduce affidavits from several doc
TORS who have examined him at my re-
quest, and also of the man who has mad
charge of the prisoner FOR more tnan
year at San Quentin
Before the reading had begun Attorney
Warner asked to see the affidavlts-
"You have no right to see them" re-
nlied Fredericks "as they are for the
information of the court. II IT VIII 90
you any good here are copies of them.
Then Warner took a. hand in the pro-
ceedings, offering lengthy obJectlon TO
the state being allowed to file affidavits
at this time. His objection was over
ruled by Judge Wilbur.
Many on Affidavit
The first affidavit was signed by Drs.
I N. DAVIDSON, G. B. Nichols, r. Wer-
nigk and Joseph Kurtz.
All of the physicians had examined
Buck at the time of his trial, and>tney
could find no difference IN ms mental
condition at this time. The only diner
ance in him was that he was in better
heath physically than before, due to the
regular habits of his prison life.
mr. George w. Campbell, in separate
.f6davit. testified the prisoner had an
SEVERED questions and submitted to an
hours rigid examination. DR.. Camppeil
had looked in vain for signs OF hallucina-
tons or decisions. He stated tnat IN ms
d ODiniOn the pTlooHSi W"S SA,N~---0
sane. e.4
Other affidavits from DR.. Fred Schurt-
Jeff and DR.. Barber were read, ootn
agreeing the prisoner was fully sane ana
hed conversed with them about his case
Then came one signed by A. B. Monohan.
who for six years has been a guard az
San Quentin and for the past year and
q half has had charge of those prisoners
under sentence of death. He has been
IN charge of Buck every day since the
latter was taken to the prison, ana nad
never seen signs of insanity
Monohan had never heard OF any one
connected with the prisoner who had
known of his supposed insanity, and 1t
had never been reported to the prison
officials A.
When the district attorney finished At
tornev warner submitted his interpreta-
tion of the statute, claiming It did not
mean the court had to be SATISFIED OF the
defendants insanity, but II there existed
in the mind of the court the sightesl
doubt of the prisoners sanity the court
must suspend the imposing Of sentence
ard submit the case to jury. He quoted
a decision from the supreme court OF
the United States. which reversed the
finding of Georgia court. Major NC
Comas laughed.
you needn't laugh" inter1ected War