The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1908-01-15

described the crime with which the
respondent is charged and asked the
witness II In his opinion Alfred Ma
han was sane at the time the deed
was committed. COLLECTIONS were
made by the defence and an exception
was noted) The reply of the witness
was: Assuming those things to be
true and having In mind what
heard In court yesterday, In my opin-
ion when the man committed the
crime he was sane"
The attorney general rehearsed the
testimony Of the defence and again
asked the witness that II conceding
the facts related to be true he would
still consider the respondent sane and
replied In the affirmative.
He further testified that the patient
was not afflicted by epilepsy at the
time Of the deed for had he been SO
he could not have remembered He
was able to pass fair judgment but
was low degenerate type. A de-
generate Is not insane as he is able to
appreciate the consequences of his
act. The respondent is highly ner-
vous having inherited the condition
from his parents and ancestors. The
excessive use OF alcoholic liquors has
tens degeneracy as has also that Of
tobacco, although not to the same de-
gree.
At yesterday afternoons session,
James McGovern testified that he was
employed at Cushman's shop and that
Alfred Mahan worked with him there
up to the Saturday before the tragedy.
Alfred did his work well. He had
twice seen Alfred when he appeared
to be under the influence OF liquor,
couldn't hit a nail. The witness was
secretary OF the fire company and had
seen Alfred at the company's meet.
ings. The witness believed the res
pondent to be sane.
Cross-examined by Mr.. Barber the
witness testified that he had heard a
statement made In the attorneys Of
fee that Alfred had been seen to drive
six or eight nails in lath. The wit
ness also remembered saying that he
didn't think Alfred was very bright,
and that he was asked to tell all he
knew about the case. The witness
testified that he used to twit the re.
spOndent to pass the time. The wit
ness did not remember testifying be-
fore the grand jury that Alfred would
not half nail up cases, and that he had
to be watched pretty close. The wit.
ness said that he did remember ties.
tifying before the grand jury that AL.
fred was not very competent help.
Asked II he remembered testifying be.
fore the grand jury that he had seen
Alfred stop when he had q nail half
driven hold his head down and laugh,
and that you could see him do 1t al.
most any day; the witness remember.
ed that he had also testified that he
considered Alfred a sort Of a half
bake.
Timothy McGinnis testified that AL.
fred Mahan had worked with him on
the ice Job at North Bennington, that
he had seen him at the fire company
rooms and at fires. The witness new.
er considered the respondent insane.
w. r. Worthington testified that he
had been merchant in North Ben.
nington since 1882 and that Alfred Ma
han had been customer at his store
His grandmother at first came with
him and made purchases for him. Az
ter Alfred became old enough to work
and earn his own money he came
alone. His books showed an account
with the respondent for articles, some
Of which were paid for by himself, by
his grandmother, and by Mrs. Hall
During the past two years he had OBJ
served Alfred when he considered him
to be under the influence of liquor. He
seldom came into the store In the eve
ming. There was balance due from
Alfred and In April last he asked him
to pay II and he made a half pay
ment. Credit was at certain period
refused him because of failure to
keep promises to pay. The witness
saw nothing In Alfred to lead him to
believe that the respondent was In
sane. The witness was acquainted
with but never remembered seeing
Seth Lawrence under the influence Of
intoxicating liquor.
Cross-examined by Mr.. Barber the
witness was asked that had he
known OF the peculiarities attributed
to Alfred IL II would make difference
in his opinion regarding his sanity
conceding that he was sober.
James Maxwell, assistant supervis
or at the hospital for the insane al
Waterbury, testified that he was an at
tendant In the criminal ward when
the respondent was admitted to the In
stitution, and that he was constantly
on the ward from the following month
of July; that Alfred talked very little;
that he couldn't play cribbage because
he couldn't count; he busted ani
swept in the ward; arose at $3.50 ant
went to bed at 7:45; did not do the
work very well, appeared to slight 1t
had to tell him about three times IL
order to get the work done; playet
cards with other patients; read hi
letters to him and wrote letters fo
him; spoke about his family, his faith
er and sister; saw no signs of epileps.
or anything unusual; several time
said he would like to be at Bennins
ton and have It over with.