Los Angeles herald., 1908-10-17
MRS. FINN TO
ESCAPE TRIAL
SLAYER OF MAHAFFEY Is DIS
CHARGED BY COURT
PROSECUTION UNABLE TO PROVE
SHE WAS SANE
When Informed at the Hospital That
She Has Been Given Her Free
dom, She Bursts Into
Tears of Joy

Mrs. Margaret Finn was discharged
nv Police Justice Chambers yesterday
afternoon on a charge of killing jesse
Edwin Mahaffey. After waiting ten
minutes for the appearance of the de-
fendant, who is sick at the Good Sa-
maritan hospital, where she was taken
Thursday night both SIDES agreed 10
calling the case without the defendant.
Deputy District Attorney Pearson
made numerous efforts during the fore
noon to secure expert witnesses to tes-
tify that Mrs. Finn was sane at the
time of the tragedy. He was unsuc-
cessful. and when the session was COM
menced yesterday afternoon so stated
to the counrt.
Three prominent physicians-Sumner
]. Ouint, head of the receiving hosp1-
tai: C. L. Allen and H. NJ Rooney
answered hypothetical questions Whlch
embraced the life of Mrs. Finn and the
condition of her mother just previous
to her birth. The facts assumed were
that her mother was IN great agony
previous to the daughters birth; that
Mrs, Finn was a delicate child ana
nervous; that during her sirlhood was
of a. melancholy temperament and ire
ouently would awake and begin to cry
during the night. These and other
facts were embodied in the question.
Each of the physicians testlhed thal
dant, in their opinion, was insane at
the time of the shooting.
number of other witnesses testifled
to the appearance of Mrs. Finn the
night of the killing, and their testl-
mony was that she was irresponsible
and did not know what she was dong.
Mrs Finn expressed her determina-
ton to be present in the courtroom for
the afternoon session of court. she
told her attorney, Fred Thompson, that
she would be there, even if she had TO
be carried on a stretcher. She had the
hospital authorities summon an amou-
lance to take her to the court. There
was some delay, and then it was de-
cided to proceed with the hearing with
out her.
Police Justice Chambers stated that
from the testimony of the witnesses and
from the answers by the physicians 10
the hypothetical question to the erect
that the woman was insane at the time
of the shooting he was of the opinion
she was irresponsible and could no.
distinguish right from wrong, and that
she did not know what she was doing
when she shot Mahaffey, and that she
had committed no offense.
Sheds Tears of Joy
The news of her discharge was tele-
phoned to attendants at the hospital
where Mrs Finn is a patient. She was
asleep at the time and was not aWak-
ened Just then. Later when told the
good news tears filled her eyes and she
could hardly speak she was so over
come with emotion. She had gone
through a trying time since the begin
ming of the hearing last Tuesday, but
only her will power and determination
to endure the strain have kept her from
a collapse.
Mrs Finn was charged with the muir
der of j. E. Maheffey, a waiter. He
was shot to death at the corner of
Seventh and Broadway Sunday night,
July 8. According to her story, told
after her arrest, Mrs. Finn was engaged
to marry Mahaffey. She endeayored to
get him to keep his promise to marry
her and save herself and children from
disgrace. He refused, and she told her
brother about her condition. The
brother spoke to Mahaffey about the
matter They were standing at Seventh
and Broadway. Mrs. Finn watched
them from her window, her room being
nearby. Then she procured a revolver,
rushed into the street and shot Mahaf-
fey Two eyewitnesses to the shooting
testified at the hearing.
According to those who saw her inn
mediately after the shooting when she
was in the drug store she was eX-
tremely nervous and had a wild-eyed
appearance.