The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-11-24
No Prisoner Has Been
Immediately ReIeaS-
ed Under Code.
Friends of Browns
Slayer Alarmed by
Later Aspect.

That Mrs. Annie Nj. Bradley, now
on trial for the murder of former
| Senator Brown, and who has enter
ed a plea of temporary insanity,
may, under section OF of the Dis
trict Code, be held for trial as to her
present sanity, even in event of the
jury finding her not guilty, is one
of the startling features of this re-
markable case.
Furthermore, according to those
familiar with the records of the
District courts. no person acquitted
/ of a charge on an insanity plea
/ since the present code Of 1902 be-
came effective has ever been i'm
mediately released from custody.
In a number of instances these
! persons were tried for lunacy and
some of them are now ia the Gov
eminent asylum,
1t is recalled, however. that these
acquittals have been upon various
minor charges, rather than upon
the charge Of murder and during
the past four years there has been
no parallel case TO the one now
being heard by Justice Stafford.
Wording of the Code.
| The section of the code which is
! applicable TO Mrs. Bradley and her
! plea is as follows;
/ When any person tried upon an
/ indictment for an Offense IS acquitted
on the sole ground that he was in
/ sane at the time of its commission,
! that fact shall be set forth By the
! jury ID taelr verdict; and whenever 4
] person is Indicted for an Ofienss
and before trial or after q verdict
/ OF guilty prima facie evidence IS
submitted to the court that the ac-
/ cused Is then insane, the court may
/ cause jury 10 be empaneled from T
/ me jurors then IN attendance upou
| the court or II the regular jurors
rave been discharged, may cause u
/ EUnlctCnt number of Jurors 70 ha
/ drawn to inquire into the insanity OF
/ me accused, and said inquiry snail
| De cohuucted In the presence and p
under the direction Of the eourt
! II the jury shall find the accused
/ 10 be then insane (or IL an accused
| person shall be acquitted BY the fury
! soleIy on the ground Of insanity the
| court may certify the fact to the
/ secretary or the Interior who NAV
| order such person to be confined in
| the Hospital for the Insane, and said
| person and his estate shall he
/ charged with the expense CT his sup
port in the sad hospital The per-
son whose sanity Is In question shall
t be entitled to his bin of exceptions
and an appeal, as In other cases.
Solely Insanity Plea.
Counsel for Mrs. Bradley stated &,
| the beginning that the defense vo,,Id
rest its case solely on a plea of in
sanity The ''unwritten law element
has, up to this time. been absent. and
although there IS always in cases OF
this nature an acceptance Of the theory
/ that the insanity plea and the "un-
written law" go hand in hand, the Jury
/ In the present trial has been asked tn
acquit solely on the defense Of ternpo-
rary insanitay at the time Of the com
mission OF the act.
court official, in speaking of this
new phase which presents itself. which
carries with IL at least a possibility Of
q lunacy trial or the insane ASYLUM for
Mrs Bradley, even in event Of her ar
QGitJai, interpreted this section OF the
code to mean:
That the court may in its cbarRe
stress the fact that If acquittal is given
1t should be stated If on account of in
sanity, and in such event the form of
the verdict would be mot guilty on ao-
count of insanity" With the return ~
such a verdict, 1t would be entIrelv
within the province Of the court. If n 81
desired. 70 have Mrs. Bradley remanded
for trial as to her present sanity. and
she could. for lime at least, be denied
her liberty
jury May Be Arbitrary.
Regardless of the wording of the
code, however, it is said that the turv
may, as sole judge Of evidence, simplv
return a verdict of mot guilty. without
setting forth any reason for such YER
dict IN this event the court would be
allowed no discretion in the matter of
lunacJ trial, even were such a thing
contemplated. and the defendant would
De Immediately released.
While 1t has not been limited during
the trial, nor is it generally believed.
that there would be further complica-
tons in event of Mrs BradIey's ae-
quittal en- her plea, the possibility OF
such a contingency arising has occa-
Continued on Sixth Page.)