The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-11-04

believe that if the defendants histor
were looked into more of this could
found and the question that arise
then is this, that although, perhaps
the defendant has been possessed o
faculties that enable him to dis
tinguish between right and wrong TIN
question is, has he been in possession
of those faculties to such an extent
as would justify imposing the ut
most penalty known to the law, and
| it seems to me at this time if there
is any question in .hc E:ind of the
court that this and now is proper
time for the investigation of that
matter. The plea of insanity was not
interposed in this case for the reason
that the defendant has been managing
his own business and of course was
not suggested for the reason that it
did not appear to be proper and feas.
ible as a defense, but as bearing upon
the defendants ability to perceive and
appreciate the extent of his act as we
would appreciate the seriousness of
the wrong itself why there is a ser-
Gus question in my mind, and before
the court should impose the utmost
penalty known to the law it seems to
me that matter should be investi-
gated. So far as the other matter
is concerned we would say that the
defendant could distinguish at this
time between right and wrong but his
very appearance during this trial in
this court shows and must show
to everybody that he is different from
the ordinary man and / cannot de-
scribe it in any other way than a stoi-
cal appearance, something that shows
he has not got the same appreciation
as the average man who has had other
and better advantages and has not
come into the world with the disad
vantages that the defendant has.
/ think l have said every
thing now | wish call your
honor's attention to these things and
submit that it would be proper at
this time before sentence is pronounced
that the court take this matter into
consideration and if those facts exist
that they be taken proper notice of.
Mr.. Hessian Addressed the Court.
Have you anything to say, Mr.. Hes
sian? asked the court.
Mr.. Hessian said: "Well | will only
suggest this, your honor, that in a
case of this character that means SO
much it would be nothing amiss to
defer this sentence for a reasonable
time so that you can make an indie
pendent investigation for yourself and
arrive at what you ought to do under
the circumstances"
Judge Morrison: ooh, this man was
responsible for his acts, Mr.. Hessian.
am satisfied of that fact Mr.
County Attorney, have you anything
to say"
MIR. Hanzel: Well, may it please
your honor, the duty that has been
imposed upon me by law in prosecut-
ing the defendant was certainly an on.
erOus one and no one feels it any
more than / do. and it is not i'm my
nature or anything that is born in me
to thirst for the blood of any man, but
we nave Il law and every man must
bow to The law and all of us must
live and observe that law, and any
man that commits crime must take
the punishment imposed upon him by
the law unless by that same law he is
cxonerated and as to my excep
tional circumstances that may exist
do not know of any that do exist such
that ought to deter this court in pass.
ing sentences upon this defendant.
BY the Court: Mr.. O'Malley, you
have by your own conduct sacrificed
your right to live and imposed upor
others most disagreeable duty.
cannot say that there is any rcaso,
whereby | could certify any circum
stances, which would justify me il
mitigating the punishment that ought
to be imposed upon you.
1t is adjudged and determined tina
the said Martin O'Malley is guilty o
the crime of murder in the first degre,
as charged in the indictment fount
against him by the grand jury and al
found by the petit jury who sat upol
the trial Of this cause. and that as
punishment for said crime the sal,
Martin O'Malley be confined in the com
mon Jail of the county of LIE Sueu
for the term of ninety days and tina
thereafter at time and place fixe,
by the governor of the state of Mime
sofa he be hanged by the neck unit
he is dead. 1t is to be hoped tina
God Almighty will have mercy OF
your soul.