The Spokane press. [volume] (Spokane, Wash.) 1902-1939, 1909-01-30
MENTAL STRAIN
NOT ACTUAL
INSANITY
STATE PROCEEDING ON THIS
THEORY IN EXAMINING WIT
NESSES IN TRIAL OF GAU-
vETTE FOR WIFE MURDER.

While authorities may differ as
to Joe Gauvette's mental condition
just prior to the killing e. his wife
last June, there is no question but
what his actions were queer.
The state ascribes this to the
strain under which he Ia
bored because of his domestic trou-
bles, and contends that any ordi-
nary man of sound mind act like
wise under similar circumstances
and still not be crazy.
None of the witnesses thus far
examined for the defense have
been asked point blank, do you
believe Joe Gauvette is sane or
insane?' as the right of the de-
Tense to ask this question has been
challenged. The challenge will
form the basis of g legal argument
this afternoon.
Enough evidence as to the &C.
lions of Gauvette has been drawn
from each witness for the defense,
however, to let it be seen the i'm
preston existed with the witness
that Gauvette was not in his right
mind at the time he killed his wife.
The objection raised by the state
against asking the witness whether
he thought Gauvette was sane or
insane was that the witness had
not qualified as an expert ON the
question of insanity.
H. e. Kidney was again on the
stand this morning. Kidney work
ed at the Bodega bar occasionally
last summer before the tragedy
while Gauvette was still proprie-
tor. and detailed strange actions on
the part of the defendant.
Prosecutor Pugh tried very hard
to discredit the testimony of Kid
ney by confusing him in various
ways, but the witness managed to
hold on fairly well. When Kidney
said Gauvette laughed weird
laugh" the prosecutor asked the
witness If he had been reader
of Sherlock Holmes and where he
had picked up the word weird"
The witness protested to be a man
of no education, but defined the
word as an "inhuman laugh" and
demonstrated that he knew what
he was talking about.
Frank Hatton, who bought the
Bodega bar from Gauvette, told of
Gauvette crawling under tables and
making queer grimaces with his
hands, overturning beer glasses.
continually talking of his troubles,
in season and out, particularly his
belief in the unfaithfulness of his
wife, which caused Hatton to be-
lieve that Gauvette was bug
house."
Hatton was the best witness the
defense has had, as he managed to
hold his ground well under the
grilllng of Prosecutor Pugh. Attor-
ney Tustin, for the defense, while
not asking for the opinion of the
witness. manages in quiet, easy
way to secure such statements and
descriptions of the conduct of eau.
vette as to get the matter before
the jury almost as well as if the
opinion of the witness were asked.
Earnest Otis, who had ridden
around with Gauvette some before
the tragedy, told of his peculiar
actions, his "shaky look" and gen
orally "ferocious" appearance. The
cross-examination of Otis will be
completed this afternoon, after
which there will be no more taking
Of testimony until Monday.
The sympathies of Joe eau
vette's daughter, Florence. aged IL,
are with him in the case, as she
has visited her father regularly
twice a week since his arrest. The
defense asked that the child be
permitted to sit with her father
during the trial, but the outbreak
of Gauvette the other day has
made this impossible for fear of
the effect of recurrence of this
incident on the cbild's already