Los Angeles herald., 1907-09-22
SPRINGS DEVELOPMENT AT THE
LAST HOUR
APPEARS FOR SENTENCE AND
MAKES DEFENSE
Case Put Over Till Monday to Give
Prosecution Time to Meet
New Move of Mur-
derer

to have a new date set for his execu-
tion, surprise in the shape of insanity
affidavits was sprung by his attorney,
A. ID. Warner.
Besides District Attorney Fredericks,
there were on hand to represent the
state Assistant District Attorney Nc
Comas and Attorney Foley of Gage &
Foley, who were retained by the relatives
of Mrs. Garfield to assist in the prose-
cution of the case during the trial.
Judge Wilbur sat inAdepartment one to
inhjct the death penalty, where once
before Buck has stood before the bar of
justice to hear his doom. The courtroom
was crowded, and many of the spec
tators stood throughout the whole pro-
ceedings. Many prominent attorneys of
Los Angeles were in attendance, as 1t
was expected that Attorney Warner
would attempt to block the progress
of the case, and attempt to delay mat
ters with technical point
Nor were they disappointed Instead
they were taken aback at the formal
tones of the attorney, who in the course
of his remarks said If he had not always
considered the prisoner insane he would
not now be connected with the case.
There was a moment Nof breathless an
ticipation when the prisoner, in the GUS
tody of Sheriff Hammel and Deputy
Aguirre, was led into the courtroom.
Buck was led to a seat in front of the
railing, and during the whole of the
argument, which at times grew heated
and almost bitter, he sat unmoved. If
he comprehen1o>- the Importance of the
appeal of his attorney he displayed no
outward emotion. save now and then a
slight arching of the eyebrows. Not
once did he raise his head, nor shift his
gaze from it's focus near the floor.
yxr1,1 1i,,,;t ,of.inc IoA
stage where the court asked if there
was any legal reason why the judg-
ment of the court should not he i'm
posed, Attorney Warner arose. In an
eloquent speech he portrayed what he
claimed would be a miscarriage of JUS
tice should the death sentence be again
passed on the prisoner, whom he de-
clared to be insane. s..
Doctors Words
To substantiate his remarks he at
tempted to read an affidavit from two
local physicians, declaring the prisoner
to be of unsound mind. This met with
strenuous opposition from District At
torney Fredericks and then came the
war of words. Attorney Warner con-
tended he had the right to file any docu-
ment he chose to preserve the record IN
| the case but he was reminded by Judge
| W1lDur IndL tne COuII V'uiO pass NPc'>
| the validity of his document in due time.
Resuming his argument Attorney War
ner quoted the statutes to show that un-
der the law an insane person may neither
he brought to trial nor sentenced to death
or imprisonment
"But this is not the time nod place to
urge the plea of insanity" interrupted
District Attorney Fredericks. "Fhat is
a matter for the trial jury, and upon thai
liz f6o ir1rx hl1
tribunal of the state has passed, and
we are only wasting time"
"Any legal reason''-- began Attorney
Warner again. quoting from the words
of the court, "any legal reason" he re-
peated impressively. "If your honor
please, there is a legal reason; there is
sufficient reason why your honor should
not only not impose the sentence. but l
hope to show there is reason why this
| court should impanel jury to determine
the insanity of the defendant"
| He continued to argue, interrupted oc-
casionally by the district attorney who
constantly consulted, with Attorney Foley
or Deputy McComas. Once the attorneys
| for the prosecution were admonished by
the court and warned about interrupting
| the counsel.
Attorney Warner. concluded with the
statement that in his opinion the prisoner
was congenital IDIOT and unable to ap-
preciate the nature of the charge against
him or the meaning of the death penalty.
Not the Time
'This is not the time nor place for an
insanity plea, as I said before" said Dis
| trict Attorney Fredericks in opening his
argument.
| ST repeat, this is not a trial, neither is
1t the imposing of sentence. That was
done several months ago, or, rather, a
year ago, after the prisoner had been reg
uarly convicted, and the insanity was
made a part of the defense at the trial.
The matter before this court is merely to
fixing of the date of the execution OF
that sentence in obedience to the remittur
of the supreme court, which has rendered
its decision confirming the verdict of this
court.
| 1.-THE prisoner Is in the custody of the
warden of the penitentiary, and If coun-
| sci has any evidence of the defendants
insanity he must bring it before the war
den, who will then proceed through the
| proper channels. ~
"As to his contention that an insane
person may not be tried, I submit that
under the laws of California an insane
person may not only be tried, but they
may be convicted and even the death
penalty may be inflicted upon them if
they are sane enough to know the differ
ence between right and wrong.
"phat is the very instruction given by
court at a trial. and If necessary
can quote numerous authorities to bear
out my assertion"
"That Is quite unnecessary" interrupt
ed the court. "I assume that Is the Ian
guage of the instructions to jury, but
the point involved here. to my mind. is
whether the prisoner is now so insane,
or rather more insane than at the time
of his trial..
but counsel has not raised that point"
replied Fredericks.
ST would If permitted to file my affi-
davit," was the retort of Warner. ''The
court asked If therq are any legal rea-
sons, and l can show legal reason why
the sentence should not be imposed"
"If the court please said Deputy Nc
Comas, for the first time taking part in
the argument, that point was settled in
the Durant case. and it was shown con-
clusively that insanity cannot be claimed
as reason to defer sentence"
No Parallel
"There is no parallel in the two cases."