The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1908-06-27
THROWN DOWN
BY DOCTORS
Insanity Defense Hard Hit
BY Medical Men
CASE TO JURY TONIGHT
SECOND BARNES TRIAL RAPID
LY NEARING CLOSE-SECOND
DEGREE VERDICT GENER-
ALLY EXPECTED.

Contrary to expectations, the medi-
cal witnesses called by the defense in
the Barnes murder trial today, did not
testify that. assuming the hypothe IL
cal question to be true Bud" Barnes
was insane at the time he killed Mrs.
Anna Aldrich by beating out her brains
with a pick handle. The doctors said
that the defendant was probably a
mental degenerate, but said also, that
he probably knew the difference be-
tween right and wrong.
Defense Shows Surprise.
The attorneys for the deferSe did
not seek 10 deny that the medical tes-
timony was considerably different
from what they had expected, and
plainly slowed their surprise at the
answers given by the doctors, some of
whom had, at the former trial ans
wered a hypothetical question with the
statement that assuming the question
to be true, they thought the defen-
dant insane at the time the murder was
committed Although the question
asked today was framed differently
from the one asked at the former trial,
it was essentially the same as far as
the laity conld see.
1t is probable that the case will be
submitted to the jury late this after
noon or tonight. 1t is believed that
with a night session, the trial can be
completed, and as Judge Brents is
known to favor the speedy termina-
ton of the case, and unless the argu-
ments are completed. it is thought
that he will order night session when
adjournment is taken this afternoon.
In addition to the failure Of the de-
fense to make strong showing Of in
sanity on the part of the defendant.
the prosecution. in rebuttal this after
noon presented strong testimony TO
show the defendant sane.
Both sides rested shortly after 3
o'clock and the arguments OF the at
torneys were commenced.
Second Degree Probable.
The p"epOnderance Of opinion on the
streets seems to be that the jury will
return q verdict of murder in the sec
ond degree. 1t is pointed out by fol-
lowers Of murder trials that as far as
they can remember tlere has never
been a case where the jury disagreed
on the Il ST trial. that a subsequent
trial resulted in verdict of murder in
the first degree. Al hOugh there is
nothing To prevent Il second jury from
returning q verdict on which hanging
is possible, this is pointed out merely
to show the unquestionable influence
the result of one trial has on the jury
selected for the subsequent trial of the
case
The Hypothetical Question.
The hypothetical question recites. as
before, tnat Barnes had been born of
poor ana ignorant parents, had re-
ceivcd a blow in the heaa from a broken
lever. had been kicked and stamped
by his 1ather: was Il poor student in
school; tOid unrea sonable stories was
melancholy ana had a vacant stare;
that his father had had fits; that the
boy had talked of buying a place when
he had no money. and recited the more
extraordinary facts Of the murder and
the events thereafter, including the i'm
probable stories told by the man in
explaining the absence of the miss
ing woman. The prosecution objected to
many of the conditions of the question
but the objection was overruled
What is your opinion, Dr. Blalock
aS to the insanity or sanity of such
person?' asked E. F. Barker for the
defense.
Net Insane.
Il would say he was not insane. He
Is depraved rather than insane and
the question does not show evidence
enough to prove insanity ne would
know right from wrorg."
He would be neither sane nor in
sane" was the opinion of DIR. E. E.
Shaw. He is mentally depraved. IA
high grade imbecile and is simply lack
ing in development He would know
right from wrong and would know what
he was doing"
He would be mertally deficient but
not insane was the opinion of DR.. F.
G. Robinson. He would know right
from wrong and would know the ma
ture of the act
clle. was Dr.. Van Patterns opinion.
Not insane but high type Of arrest
ed deVelo1 ment. He might know right
from wrong and might not. but he
would surely know he was committing
murder
Not insane but mental degenerate
His ability to distinguish right from
wrong would depend upon the pres
sure under which he was laboring."
NJ