Omaha daily bee., 1909-03-20

visits to the cigar store In search Of Fred
Banner. the purchase OF the revolver ard
90 on.
That the defendant came across the
street. that her husband rose and went
toward her, that she waved him aside
and going up to Fred Banner shot him
dead. that piercing scream startled
the court room at this point. Mrs.
Josephine Banner. mother Of the dead man
had been deeply agitated by the recital OF
the killing Of her son. and her grief for "A
few minutes Was loud and uncomfortable.
Attorney Gering asked that she he re-
moved from the court room. but Judge
Sears would not assent. When Mrs. Ban
ner had recovered the county attorney
went on with the rect Of his question. end
ing with, would you say. Doctor, that
she was sane or inssne2"
Il think she was sane
Capable Of distinguishing right from
wrong with reference to that act9'
She was capable
she Was apabIe.
On cross-examination Of DR.. Hidden Ger
ing went after the white-haired physician
with a library Of books by foreign au-
thorities. The attorney for the defense had
posted himself on classifcations and de.
f~initions OF insanity and for a time a
battle royal waeed. The witness held him
even, however. Gering wished the wilt
ness to answer a hypothetical question.
which left out the facts added by the
state and DR.. Tilden refused to answer.
After Ttlden, Frank Banner was called.
The argument over his testimony followed
for some minutes, and then the matter
went over until this morning. MIR.
Josephine Banner testified for a few min
utes before court adjourned. 1t did not
seem likely at the close of court Friday
that the case could be terminated today.
Mrs. Alta Banner was suffering from
exhaustion insanity when she shot and
killed her brother-in-law, Fred Banner.
declared DR.. Max f. White. first of the
alienists called by the defense in the trial
Of Mrs. Banner before Judge Sears of the
| district court Friday morning. DR.. Witte
Is superintendent of the Iowa Hospital for
the Insane at Clarinda and a professor of
mental diseases in the University Of Iowa.
A fair-sized skeleton I'm the Hudspeth
family closet was laid bare through the
testimony of DR.. WHITE, who has had
under his care for several years John
Hudspeth, formerly n lawyer Of Atlantic,
Ia, and a brother of Mrs. Alta Banner.
It developed on cross-examinstion that
John Hudspeth's insanity was discovered
| after he was accused Of numbering a man
and placing his body on the railroad
tracks.
English attacked the hypothetical question
In piecemeal.
you have heard, doctor, of cases of do
nestle discord and separation and the
members of the family still retained their
s~anity?"
YES" answered the expert. who APP
parently did not relish the question.
Anything peculiar" English went on,
about a mothers working for a daughter
and sending her to school?''
NO. answered the alienist.
Anything extraordinary in her being
fond of her daughter"
mo"
Unusual for a mother to wait upon her
daughter when she was ill?"
mo"
"It does not of necessity lead to in
| sanity?"
The wear and tear would count"
On redirect examination Gering asked
what form of insanity Mrs. Banner had,
a faCt not previously Drought out. Ut.
witte answered. Exhaustion insanity"
At this point court adjourned for the
morning.
Mrs. Banner Long ON stand.
Mrs. Banner occupied the stand for further
cros~s-examination the greater part of the
morning. The county attorney piled her
with questions intending to show deliberate
purpose with regard to killing Fred Banner
and also in the hope Of shaking the de-
fense's contention that 1t was the sudden
discovery of her daughters condition which
drove her to shoot Banner.
Mrs. Banner became affected only during
questions with regard to the shooting. She
had a "hazy. a very hazy recollection Of
firing the shot. After that the whole world
seemed still"
She had a dim recollection OF having been
in the hardware store where she bought the
gun and did not know at the time she APP
preacher Banner whether or not she had a
gun in her hand.
With the evidence of DR.. ]. L. Greene, an
other expert, the defense will conclude. The
states rebuttal will not be lengthy and the
case will go to the jury some time Satur-
day. DR.. Greene is superintendent of the
Illinois hospital for insane at Kankakee.
Alienist met alienist In the Banner MUIR
der trial yesterday afternoon. the state
I'm rebuttal calling DR., George Tilden. He
was just as emphatic that Mrs. Banner
knew right from wrong when she killed