New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-03-29
BURCH GIRL TO ASYLUM.
Not Guilty Because of Insanity
Baby's Parents FOrgiUs Her.

Carmel. n. Y, March 2S.-Jennie BUrch goes
20 Matteawan The jury. which since Monday
had been trying the young girl for the poison
ing Of Baby Wilbur Winship. late this after
noon returned a verdict Of not guilty. by rea-
son OF insanity, and Justice Miller at once or
dered her committed to the Asylum for the
Criminal Insane.
The verdict came to the ffteen-year-Old girl
as she sat alone in the courtroom. and she
broke down and wept bitterly. but after the
trial was over and Jennie. by a great effort, had
dried her tears. her great JOY came. Mrs Her
bert Winship, the mother Of the baby 10 whom
Jennie gave the poisoned peach that she might
take into eternity with her the only person in
the world she loved. went to the Sheriff's rooms
10 say goodby to the girl she had befriended-
In spite Of her grief over her baby's death. Mrs.
WInship could not forget the girl she had reared,
and went 70 her 20 cheer her and tell her that
she was forgiven. The bereaved mother clasped
the girl In her arms and kissed her. and told
her that she freely forgave her. Herbert Win
ship. the father OF the poisoned baby. also told
Jennie that ne had forgiven her and promised
that Roscoe the older child. should visit her az
Matteawan.
Both sides Of the case are perfectly satisfied
with the verdict For the present there Is little
prospect that any effort will be made to have
Jennie released from the asylum. but she has
made many friends during her Imprisonment
and when her mental condition warrants Il
efforts will doubtless be made 20 have her re-
leased.
DR. w. D. Granger. the alienist appointed by
the court. went on the stand again to-day, The
prosecution IN long and severe cross-examina-
ton. attempted to break his direct evidence. but
the physician insisted that Jennie Burch was
suffering from a mental maIady which COM
pIetely dulled her moral understanding az the
time she murdered the baby. DR.. Granger. how
ever. stated positively on the stand this morn
ing that he did not believe Jennie should be
set at liberty but that she should be confined
in some institution where there would be
chance for her 20 recover.
When DR. Changers cross-examination was
completed both the defence and the prosecution
rested their cases. and Immediately after court
reconvened following the noon recess Mr.. Demp-
sey began his address to the jury. He spoke for an
hour and a half. and asked the jury for an out
right acauittal for the child The District At
torney followed He demanded the death pen
atty as punishment for Jennie Burch's crime.
While he spoke the girl wePt, her shoulders
shaking with her sobs. her head bent low and
her handkerchief cOnceaIing her pale face.
To-day is the fifteenth anniversary Of her
birth. and as she sat alone. facing her accusers.
Philo Burch her aged grandfather. paced up
and down the street outside the courthouse
waiting for the verdict.
The judges charge was brief. and at S:4S the
case was given to the jury. After twenty
minutes deliberation the jury returned with
the verdict ana Justice Mills az once entered an
order committing Jennie 20 the asylum for the
criminalIy insane at Matteawan. When this
order was issued Jennie broke down. She cried
aloud, and her slender form was cOnvUlsed with
sobs. PhIlo Burch limped across the room. put his
arms about her and rested his cheek against
hers For five minutes they remained that way.
and then the girl was led downstairs 20 the
sheriff's rooms.
The jury took four ballots. On the first one
there were ten votes for the verdict which was
later returned. one for not guilty and one for
manslaughter. On the second and third ballots
the manslaughter vote came into line. and on
the fourth the jurors were agreed