Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-06-06
PLEADS FOR CLIENT
Attorney Addresses Naval Of
ficers, Sitting as Court.
AS TO TEMPORARY INSANITY
Says Assistant Surgeon Spear Was
Not in Right Mind.
MAKES EXCUSE FOR OFFENSES
Statement by the Accused at Session
Late Yesterday Afternoon-De-
tails of Testimony.
AS TO TEMPORARY INSANITY
MAKES EXCUSE FOR OFFENSES

Tense in the Spear court-ma rtial. He
argued that Assistant Surgeon D. A.
Spear. United States Navy, was not in his
right mind and clothed with any appre-
citation of right or reason when he COM
mitted the crimes of forgery, theft etc.
The naval court which is trying Assist
ant Surgeon Spear on charges of apprO-
priating Treasury checks. the property of
brother naval officers. with forging their
names as Endorsements on the checks and
having the paper cashed. applying the
money to his personal use. resumed its
hearing at l O'Clock this afternoon at the
Washington navy yardN
This is the sixth day of the trial and
Attorney Classic stated that he hoped to
conclude the matter. so far as the de-
PENDANT is concerned. at the sitting this
afternoon.
After Capt William J. Barnette presi-
dent. had called the court to order. Guy
J.. Stewart. an expert of the Department
of Agriculture. and his wife, appeared
and certified that their testimony given
yesterday in behalf of DIR. Spear was cor
rect. with the exception of a few imma-
terial errors. which We're corrected by
their direction.
This closed the testimony and Attorney
Classic addressed the court in behalf of
the accused.
He reviewed the charges and specifica-
lions and said there were four distinct
charges The first was forging the sig
natures of certain naval officers: the
second. presenting the checks for payment
knowing they were not his property; the
thir! theft: and the fourth, scandalous
conduct to the destruction of good
morals.
As to 1.-The Criminal Mind"
Mr.. ella ssie said it was his purpose to
submit to the court the question as to
whether in it's estimation the accused is
guilty-consciously. deliberately guilty
of the offenses charged. Whether there
was on the part of DR.. Spear the Grim
inal vicious attempt prompted by what
is known in law as the criminal mind?"
The attorney said he would ask the
court to consider all the evidence that ha s
been adduced in the case that will throw
any light on the mental condition OF Dr..
Spear at the time of the commission of
the crimes Mr.. Classic added that while
voluntary. deliberate drunkenness was no
excuse for crime. a man cannot he held
responsible for criminal acts committed
when his mind. through ovefndnlgence
in drink. drugs or other things. is incapa-
BILE Of understanding.
He referred to the fact that under the
naval law certain number of medical
officers We're included in the personnel of
the court, Assistant Surgeon Spear Is
member of that branch of the service.
He referred to the employment of medi-
Tense Is insanity.
Mr.. Classic appealed to the conscience
of the court and urged that DR.. Spear
was in a state of mental responsibility.
due to the excessive use of strong drink.
when he committed the acts charged He.
therefore. maintained that whatever the
finding OF the court will be. it should be
mitigated by the evidence of the mental
condition of the accused.
First Lieut. Joseph A. Resell, L. s.
NJ. C.. judge advocate. will make the
closing argument for the government.
During the hearing Capt. William j.
Barnette. L. s. N. president of the court.
in seeking a possible motive for the pur-
Joining of the checks. asked DIR. Spear If
he had not been living beyond his in
come as an assistant sergeon of the navy.
The accused replied that he had not. as
in addition to his salary assistant sur
geon he received REMIT ances last fall and
winter from his father and brother
amounting to about $1,000. His brother,
he explained. is manager of submarine
boat constructing company.
Testimony Late Yesterday.
The most important feature of the hear
ing Yesterday afternoon. after The Stars
report closed. was the testimony and ad-
mission of guilt of the accused. The SEES
sion of the court-martial was continued
until a late hour i'll the afternoon and
was marked by number of interesting
passages.
In concluding his testimony Assistant
Surgeon Charles Bunker. I. S. N. who
had been a classmate of DIR. Spear at the
Navy Medical School. said he had seen
Spear drunk both on the public highways
and at the school.
Guy L. Stewart. who gave his occupa-
ton as an expert in the Agricultural De-
partment and his residence as the MARI
borough apartment house. appeared as a
witness for DIR. Spear. In response to a
question Mr.. Stewart said on every occa-
sion when he met DR.. Spear the latter al
WAYS asked him to have a drink. and they
invariably had one drink or several to-
gether.
I'm greeting me-" the witness added
DIR. Spear would in the same breath ask
me to take a drink with him.
Mr. Stewart spoke of one recent occa-
sion when he was i'm the company OF
Surgeon Spear and the doctor drank q
dozen or more .highballs at one sitting.
1t was further stated that following the
drinking of the "highbalis' Stewart and
Spcar ate luncheon and drank pint VI
quart of champagne.
Effect of Intoxicants.
When asked what effect such drinking
of intoxicants had on DR. Spear, the wit
ness replied that Spears eyes became
droopy and dreamy and heavy looking
He would also become absent-minded
his shoulders would slope and he would
do cratic things. For instance. he would
become impatient with the walters" 1,
was further explained that DR.. Spear s
conversation would become disconnected
Also that under the influence Of high
balls'' and Martini cocktails. DR. Spear
"would make irrelevant remarks.
Mr. Stewart told of a social gathering
of intimate friends of Surgeon Spear whel
IL was found that there was shortage
of one cocktail glass. DR.. Spear mixed
the Martins on that occasion. and finding
there was no glass for his drink. i'm
patiently he drained the vessel in which
the cocktails had been mixed.
How much of the beverage was in the
vessel" he was asked.
Several drinks, l should say, the wit
ness replied.
Mrs. G. l.. Stewart wife of the preced
ing Witness next testified. DR.. Spear
she said. was a very intimate friend oi
her husband. She first met him in Octo
ber 1904 and he had been in the habi'
of visiting the Stewards every day ht
was In this city Mrs. Stewart. in reply
to "A question as To DIR. Spears habits
as to imbibing intoxicating beverages
! said he drank a great deal
AS to Crying Spells.
The greater part of the winter he was
under the influence of liquor. she added
| The result was that for three or foul
! days at a time he did not know what he
was doing. At times he would call me
up on the phone and say foolish things
He would ehave lots and lots of crying
spells He would write letters and one OF
two days later he would have no recol
| lection of having written them
Mrs Stewart told of a letter he hac
! - sis