Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-06-13
ATTORNEY IT! |! M !. SIMPSON, N. !. :.
4: 4 ASKS A new: TRIAL:
THINKS THERE IS DOUBT As TO
SANITY OF lNGEeRET ~.n
JOHNSON.
Two Physicians Examine Convicted
Murderer and Both Think He 10
Weak Mentally. - = 49,. {

! Stating that there was a doubt as
to the sanity of Ingebret Johnson Of
Hettinger, Countrywide was convicted
of murder in the second degree and
whose punishment was fixed by the
jury at seventeen years imprison-
ment in the state penitentiary, Attor-
ney, l.. A. Simpson In the district
court before Judge Winchester Satur-
day afternoon, made a motion In ar
rest of Judgment and asked that a
jury of twelve men be called to de-
ternrine. the question of the sanity or
insanity of the defendant.
Attorney Simpson made motion
under the section of the law that
provides that where there is a doubt
as to the question of the sanity OF
the defendant, that question must be
submitted to a jury before sentence
is passed and the Judgment made ef=
fective. In support of his statement
that the defendant was insane, or
that there was doubt as to the in
sanity, Attorney Simpson called two
witnesses, Drs. Fisher and Smyth,
who gave testimony that they enter
tanned a doubt as to the sanity of
the defendant.
Both physicians testified that they
had made an examinat Of the de.
PENDANT Saturday, and DR.. Fisher
stated that he believed him to be
suffering from secondary dementia,
which had existed since the defendant
was sixteen years old, or there
abouts. He said he believed he had
been mentally deficient from birth.
DR.. Fisher stated that he had been
nine months in the state asylum as
assistant physician, and he had OBJ
served many cases Of insanity. He
was cross examined by States Attor'
Inev stevens, as was DR.. Smyth, who
also testified that he believed there
was a doubt as to the sanity of the
defendant, but it would be impossible
to state positively whether Or not
he was insane upon 80 brief an exam
ination. He said 1t was frequently
necessary to keep a suspect under
observation for month or so before
positive opinion could be render
ed.
Judge Winchester interposed some
question IS to whether the witness
believed the insanity had arisen since
the verdict OF the jury Tad been
brought in, and DR.. Smyth said be did
not think so, and that the insanity
had existed for some time. Judge
Winchester then denied the motion OF
arrest of, Judgment and stated that no
doubt had been raised in his mind
as to the sanity Of the defendant,
within the meaning of the section OF
tire law referred to, and called upon
johnson to arise and receive his sen:
tence. $751;:
I,., johnson was asked ptf The had any
thing to say why sentence should not
be passed. and he did not reply
merely shaking his head in dazed
sort Of way, as though he did not
quite understand the proceedings.
Attorney Simpson stated that he had
nothing to say In the matter, and
johnson was then sentenced to sew
enteen years. at hard labor In the
state penitentiary.
Attorney Simpson then asked for
an extension of, sixty days beyond
the usual ten days TO give notice of
la new trial. and this was granted.
The motion will probably be denied
and an appeal will be taken to the
supreme court, both as to the motion
denying a new trial and as to- the
motion for an arrest of judgment and
a trial by jury as to the sanity of the
defendant. yr.
johnson will be taken to the peni-
,tentiary at once and begin to serve his
oo~tonno