Omaha daily bee., 1909-03-20
WOMAN SANE, SAYSDR. TTLDEN
Mrs. Banner Realised Her Action in
Killing, AfirmS States Expert.
BATTLE OF ALIENIsTs IN TRIAL
REGULAR Problem as 20 Communica-
lions Between Husband ana wife
Arises over ConaictinE ver-
biaRe OF Law hook.

Aside from their testimony the feature
OF the day was the attempt of the state
10 put Frank Banner, husband OF the de-
PENDANT, on the stand. His testimony was
objected to and the argument over this de-
veloped one OF the most peculiar situations
ever known in the district court Of Doug
las county. II all depends on the presence
OF absence Of the letter 49, in a Ne
braska statute.
Communications between husband and
wife are privileged and one may not tes-
tifN against the other by virtue OF an old
rule OF the common law adopted in the
code OF every state in the union. But
there Is another provision In the Nebraska
statutes which refers 10 preceding sec
lions" or TO a preceding section" and
provides that when the interested marty
the defendant) valves. the other party
may testify with regard to the points COW
cred by the other.
Judge Sears had a copy Of the statutes
which read "the preceding sections" and
this would include the section which re-
lates to testimony OF husband and wife.
Attorney GerinR's copy Of the statutes
read the preceding section" which would
only include testimony Of clergymen. over
night the attorneys and Judge Sears are
examining further into the matter. The
defense denies any waiver. anyhow.
Three Doctors Swear Her Insane.
The defense not only put in the record
by Drs. Greene and witte, the
imported experts, that Mrs. Banner was
insane. but II recalled DR.. McCrann of
South Omaha. who. as the attendant of
Mrs. Banner for a long time. declared that
she was insane. McCrann, whose expert
ences on the stand Thursday were not ex-
actly pleasant, Jared even worse yester-
day on discrimination.
Was she OF sound or unsound mind at
the time she fired the shot?" he was asked
on direct examination.
''she was Historically insane"
County Attorney English then took the
witness.
ibid you make any inquiry as to what
member of your distinguished profession
performed the operation on Marjorie?"
~ did not
You were not indignant about it?"
mo"
You we're not angry until Mrs. Banner
accused you of lying to herr"
mo-"
"You then made your speech 70 herr"
"I object interrupted Gering. ito the
county attorneys calling DR.. McCrann's
statement a speech"
You didn't care" English continued
'what effect It might have upon her?'
81 told her not to be guided by feelings
but to use her Judgment
You thought her insane at the timer
The witness admitted he did.
Asked IL He Advised Murder.
Did you after making this speech ther
direct her to the nearest hardware store?'
II object to the question: shouted Gering
'as insulting to DR.. McCrann."
Counsel for the defense was sustained.
you let her go out into the street, how
ever?"e pursued English.
Yes"
you were her family physician asked
ne county attorney with a hardly disguised
neer.
. Yes"
DR.. l.. Greene proved a less easy wit,
moss for the state to handle on cross
examination than DIR. White, who is Of
equal eminence as an alienist, but not Sc
quick witted as the Kankakee man, for
merly OF Nebraska. DR.. Greene, who Il
superintendent OF the Eastern Illinois Hos
pital for the Insane, is well known In Ne
braska and personally popular. He mad,
an excellent impression.
The species of insanity which he anC
WHITE believe Mrs. Banner suffered from
was further developed by his testimony Al
being a form of exhaustion psychosis,
what Is known as 'dellrium collapse.
With his testimony the defense rested an,
the state called Or. Tilden. His qualifica
tons were first set forth. the witness stat
Ing that he had investigated several thou
sand cases of insanity as insane commits
sioner and had specialized in mental dis
) eases as well.
Piercing Scream Interrupts.
The county attorney then read him al
addition OF his own to the defense
hypothetical question. which included tn
states chief testimony with regard to til