The evening star and Newark advertiser. [volume] (Newark, N.J.) 1907-1908, 1907-11-29
BY
MINISTER TO
QUIT BROWN

CONTINUED from First Page.l
she looked about curiously, appearing
to take especial interest in noting the
number of women present. For
merly she entered the room with down
cast eyes, and made her way to the
chair reserved for her without noticing
any one. Before the trial was begun
little Arthur Brown, Mrs. Bradley's son,
was brought to the courthouse to SEE
his mother. Upon the opening of court
District Attorney Baker submitted the
prayers of the prosecution to the court
they did not cover the points OF
murder in the first or second degree, and
that he would prefer leaving that mat
ter to be covered by the judge in his
instruction to the jury. The prayers
Of the defense will be submitted later.
The governments prayers are as fol
81. The jury are instructed that a
sane person has no right to kill another
no matter how much he may
have been wronged by another,
the person doing the killing may
have for hating and despising that
person, 10 matter how Wild may be h
anger and passion under which that
person may be iaboring. The law does
not recognize the theory that any per-
son may have an irresistible impulse to
do such ar act as that unless the I'M
pulse is the product of a diseased mind.
The jury are further instructed that
non of the evidence offered tending
to show the treatment of this de-
PENDANT by Arthur Brown a be con-
sidered by them to justify, excuse or
I hos e 4
"2. The Jury are instructed, as matter
of law, that insanity, as an excuse for
a criminal act, Is a disease OF. that
o s,da Of the eri human n body iofs,, wherein sna RE- ef
v~olition-the brain-and that a morbid
state of the affections or passions or an
unsettling of the moral system, the
mental faculties remaining meanwhile
form of insanity that the law reoDg-
nizes as a valid Excuse for a criminal
act.
'3. The jury are instructed. as matter
of law, that if they find from the evil
dence, beyond a reasonable doubt, that
up to the time of committing the
crime charged In the indictment the de-
PENDANT was sane, and shall further
find, beyond a reasonable doubt. that
Immediately thereafter the defendant
was sane, then it is strong presump-
ton that the defendant was sane at the
time of the commission of the crime
charged in the Indictment.
-. The jury are instructed that all
evidence of the ~mistreatment Of the
defendant by Arthur Brown whether
by word or act. whether testified to
by the defendant or other witnesses,
was admitted solely as bearing upon
the sanity or insanity OF the defend
ant at the time of the shooting, and is
not to be considered by the jury in
any other way.
IS. The jury are instructed that il
they believe from the evidence be-
yond a reasonable doubt that the de-
PENDANT threatened and menaced the
deceased with a loaded pistol for the
purpose of compelling him to marry
her. OF for any other purpose. and
while so threatening and menacing the
deceased said pistol was unintentional-
iy or accidentally discharged and the
deceased received therefrom the wound
OF which he died, then the jury should
find the defendant guilty Of man
slaughter"
DR.. d. X. Shute, the Jail physician VIII
began his testimony Wednesday, resume
the stand. and on cross-examination re
iterated his statement that in his opinio
Mrs. Bradley was not insane. The dc
Tense sought to contradict the witness b
a previous statement made to them the
Mrs. Bradley was not mentally responsible
but pom objection by the government tn
question was altered and DIR. Shute saa
his later opinion was based on his persons
observation of the defendant. DR.. Shute'
testimony revealed nothing new.
Or. Utter was called to the Stand an
asked to testify concerning a conversatio
he mad with Mrs. Bradley. He said b
went TO see the defendant because of hi
trouble.
The defense objected to the reception {
his testimony on the ground that Il he wa
called to contradict the defendants test
mony the government would have to sui
nit specific statements to him and coul
not examine him concerning his talk wit
Mrs. Bradley.
The court called counsel ON both side
and after a long conference between cour
sci and the court. counsel retired frol
the room for a further conference, aft
conversation with Mrs. Bradley he e,
pressed to her his belief that Brow
would not marry her. He urged her
give up the idea of marrying Brown. 81
replied:
when it comes to a test and the gun
pointed at him Brown will accede."
After leaving the stand DR.. UtterNtook
seat beside Mrs. Bradley and comforts
her. They freely conversed, Mrs. Bradle
often smiling at something he said.
DR.. Edward s. Brush. of Baltimore,
government expert. declared that in n
opinion when Mrs. Bradley shot Brow
she was perfectly sane.
DR.. Brush further testified that had {
Illegal operation been performed on Nj
Bradley one week before the shooting q
symptoms would have manifested ther
selves. On the contrary, he said, 81
was up and around and very active, al
that If UGH an operation had been pc
formed she had gotten along remarkab
well.
The torn letters Of Mrs. Bradley foui
IN the room in the hotel where the shoe
ing occurred and which were past
together. DR.. Brush said. disclosed
differences OF Insanity. The whole Of II
circumstances leading up to the ehoctil
and the occurrences afterwards, DR.. Brul
said, were not consistent with insanity