The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1907-03-03

mind?"
/ Yes
Bull Run Case in Point.
Every man has in his mind that
which under sufficient stress and strain
will break and cause impulsive insanity
Yes"
When man is possessed by fear he
win do things irnpulsively, won't he?"
Yes"
That's what made them run at the
first battle Of Bull Run. wasn't it? I'm
pulsive insanity possessed them?"
Yes"
Il have never understood that until
now" said Mr.. Keith.
Mr. Moore asked several questions
about stress and strain.
Mr.. Keith questioned You are paid
by the government and supposed to be
AT the hospital all the timer
! YES"
you are getting a compensation for
testifying here?"
Yes"
ANY amount agreed upon?"
] No"
stand aside"
Mr.. Moore rallied TO the defense Of the
expert, showing that DR.. Clark and coun-
sci for the defense were warm personal
friends. that the question Of money was
not mentioned at the time DR.. Clark con-
sented to come 10 Culpeper
You have no opinion to sell. have you.
doctor" asked Mr.. Moore.
NO. value my reputation too highly
for any such thing as that"
Dr. Clark was excused
Was Act of Violent Anger.
Attorney JeGries announced that the
defense was ready 10 rest, with the excep-
ton Of calling one or two unimportant
witnesses, which could be done later on
liz the court pleased. The court pleased
and the prosecution agreed. Common
wealth Attorney Keith then asked the
Indulgence Of the court while he con-
suited with a witness to be introduced in
rebuttal This witness turned out to be
Or. Drury
After stating to the Jury his occupation.
and that he had been connected with the
hospital FOR the insane at Petersburg for
twenty years. and had treated about 1905
patients in that time. DIT. DTury was
asked the hypothetical question. He
seemed impressed with the sentimental
side of the pathetic story and when
called upon 10 answer hesitated a mo-
ment and then said. In my opinion the
homicide was an act Of violent anger"
Mr.. Keith changed the form Of the last
portion Of the question and laid Stress
upon the consultation held by the
STROLLER family just prior to the shoe ling.
at which it was decided 20 keep Bywaters
from going away 'peaceably, If possible,
and by force. II necessary
Did Not Think Parties Insane.
Il think it was violent anger" repeated
DIR. Drury. adding. as though as an after
thought almost to the last degree"
If 1t were shown" continued Mr..
Keith. that Immediately before and i'm
medately after the shooting the brothers
were sane, what would you say in regard
TO the state Of their mind during the in
tervaI Of the shooting"
Or. Drury said that he could not answer
that without knowing about how long a
time the shooting lasted. Mr. Keith said
It was not definitely known hOw long, but
that Dr Drury could possibly determine
how long IL took when ne heard recital
Of the acts performed by the defendants
during the shooting. The prosecutor then
proceeded 10 detail each movement Of the
defendants. as embodied IN their testi-
mouy.
Il don't think 7 could say that the par
ties were insane. said DR.. Drury.
Whites More Sensitive Than Negroes.
Attorney Lee then took up the cross
examination. He first brought from DIR.
Drury the fact that the hospital OF which
be is superintendent is one for negro pa
tierts and that the witness experience as
an alicuist had been wholly confined to
negroes.
lis il not true. asked Mr.. Lee. that
the moral sensibilities Of the negro are
much less pronounced than those Of the
white race
Yes. sir
what would be a great and terrible
shock to the sensibIities Of white man
might have little effect upon the mind Of
q negro in similar circumstances?
THAT is about right, sir"
Isn't il true then. that what might be
a great shock 10 a gentleman. a Virginia
gentleman. might have no effect upon the
average negro mindg
"Fhat would seem TO be true. sir
You grant don't you, that the organ
ism OF the mind OF a Virginia gentleman
lis rs. sensitive as that Of any other human
being you have ever come in contact
with?"
4 think 50. sir.
Next TO Last Degree of Anger.
you saw that you would characterize
the act of the men mentioned in this
hypothetical question as one OF violent
anger. IN addition, you say, almost to
The last degree. What we want to know,
doctor. is. What is the last degree?"
The last degree is reached when the
mind is beyond all control"
What is the next 10 last degreeT'
THAT OF violent anger, perhaps, when
the person could control himself. but vol
UNFAIRLY let's himself go, as it were
can you tell Us. doctor, where the
next 70 the last degree ends and the last
degree begins?
That would be very hard to do. sir"
rs it not true that eminent alienists
. practically all agree that the step from
( sanity TO insanity. the line drawn between
the two states is almost impossible to
defne?"
Il believe so, sir
Can you draw the line between the
last degree and the one before it?''
1T can't be done to a certainty, sir"
Can Say Parties Were Sane.
"Then. when you say that the men in
this question were reused to a pitch of
anger verging on the last degree. are you
not endeavoring 10 do that which some
of the greatest alienists of the world.
and even yourself. have just admitted is
j practically an imposs!bility?"
Il think 1 can say that in this case
the parties were sane
Mr.. Lee here switched his line of ex-
animation and propounded a Hypothetical
question involving a ship at sea on a
stormy, black night. a father standing by