The Barre daily times. (Barre, Vt.) 1897-1959, 1910-04-12
NOT GUILTY
SAYS JURY
Because James MlkaleS Was
Insane
VERDICT THIS AFTERNOON
Young Man Shot and Killed Mrs. c. c
Mascot ID Barre on July IS Last,
and Then Tried to Kin
Himself.

A verdict Of not guilty BY reason Of
inanity was returned by the jury in
Warrington county court at two o'clock
this afternoon, in the case Of State vs.
Demetrius, or james. Mikales. charged
with the murder OF Mrs. Maud Kelly
Mascot in Barre on July % last, the
woman having been shot twice by the
young Greek, who was a member Of her
household Ia che Eastman block. After
bis act, young Mikales tried to commit
suicide, but The bullet wound II the head
did not prove fatal. although it destroyed
the left eve and injured tie other. The
case has been On trial for two days
After the verdict, Judge Butler ordered
the young man into the care Of Sheriff
Tracy, 70 be placed m the state asylum
At Waterbury until final orders could be
made for committing him to some asy-
lum The prisoner did not seem to an.
derstand the verdict. but he smiled when
his counsel Whispered to him.
William Conner, a Barre merchant. was
the last state witness heard. He testi-
fled to-day as to the purchase Of re-
yolyer BY the respondent. After him.
the state rested It's case. and the defense
put on two witnesses, John Mi<ales.
brother Of the respondent. and Patrolman
Harry Gamble 81 Barre
John Mikaies testified that bis brother
sustained an injury 70 his head by fan
ing on rocks; that his sister tried 10
shoot an aunt; that James was dull
hey Ia school; that his brain seemed to
be AZ a standstil He also told about
his brothers coming 10 the United States
and to Barre. Patrolman Gamble testi-
fed to being called to the Barre City
hospital to look after young Mikales
shortly after the crime. ne said the
patient frothed at the mouth and acted
Wild
With that the testimony Of both sides
was concluded. and States Attorney
Gatss spoke for the state, asking for q
verdict of not guilty BY reason 81 in
sanity Attorney NJ A. Lord fof the
respondent then reviewed the case from
The poirt of law and Attorney s. Hol
hstsr jackson closed for The defense.
laying particular stress on the lack 81
motive for the crime
Judge Butler charged the jury, ard the
case waf piren into their hands at 1890
o'clock. and shortly after that the Jury
went To dinner. The Jurors we're Sole
mon Bartlett and p B. Batehelder 0f
PIainfeld w II Cady 81 Boxhnrv. C
Al Cooley 81 Aiiddlesex VIII Freeman
of Warren. Warren II floodel Of Wood
bury, John Murphy ol Fayston John A
Parker Of Waterbury. Elmer G. Sahin Of
Woodbury. George + Smith of Berlin.
L. K Smith of Waitsfeld and E. v. VIII
ley 81 Barre Town.
Seven witnesses were heard in the case
up 10 adjournment at 5sl5 last evening.
they heng Dr. NJ D. lamb. the Barre
health officer Deputy Sheriff George Il.
Morris, Dr. n. J. Chandler who wa
called "a the Mascot apartment. Dr. W
D Reid, who took charge Of young MI |
kaies' wound, Mrs Margaret Je sic
Woolhonse, who lived Just across the hail
III the Eastman block Dr. Watson L.
Whss0n first assistant at the state asy-
linn and Dr b H. Stone. diActor Of the
state laboratory Ii Burlington. These
witnesses we're put on. first. TO prove the
fact that Mikales shot and killed Mrs
Mascott, and secondly, to prove that he
WAS insane then and Is now.
Little new was brought out ID any Of
the testimony. except That Of the alien.
ist, Dr. Wasson, although the recital by
Mrs. Woolhorsc Of Che dramatic details |
Of her discovery Of the crime was fol
lowed closely by court, jury and mum
Der Of spectators She and the medical
mcn testified to the death of Mrs. Mas
eott the defense All the while eonceding /
that young Nikales had fred the two I
shots, either one Of which might have I
proved fatal
During ali Mrs. Woolhouse's testimony. I
afikales paid strict attention, as indeed +
be did all through the proceedings. Hei
presented rather pitiful appearance as
he sat there. more than half blind be
cause Of 4 self-iniicied bullet wound
after he had shot Mrs. Mascot and with I
> black shield where his left eye once
was On the right chesk was d scar
whore the bullet had entered
Once he was ushered before Che Jury
box to permit the jurors to place their
fingers IN d depression n the skull, the
result Of an injury Il was said. when he
was but six years ald. They said they
sould feel the depression.
This depression, Dr. Nasson thought,
might have had something to do with I
Mikales' mental condition; hut lie testi-
led that the youth. now 20 years old
was congenitally deficient, that Is, de
icient from birth. Dr. WATSON noted
he boys under size, his peculiar shaped
head, the depression lust mentioned; bis
Of faculties. at times the
1atient was excited confused talked in
'oherently frothed at the mouth, was
9rofane aud abusive in LANGUAGE, then
-hree or four days afterwards appeared
depressed and would sit With his head
ln his hands; he would los control Of
elf memory was ha1y and Eie could not
-eoall shooting Mrs Maseott
Constantly at the asylum Afikales had
.xpres sed the wish to die. but he was
sfraid it would hurt. In order to test
ne boys sincerity lr. Nasson one day
landed him two harmless pills and told
i'm he could die by swallowing them
he boy accepted the pills asked which
way was east. prayed and then put the
ills IA his mouth. sitting down resign
.dly, as II to wait for death. DR. Was
on said BE was convinced the boy was {
lot shamming. but was certain he had {
AIKEN the step which would lead him {
o death
Cross examined, Dr. WATSON said it I
saa net sale for the Eeutk to be at 3