The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1911-06-13

lieve that the testimony of some of
the physicians was reliable for the |
reason that they did not possess suf-
ficient facts and data on which to
base an opinion. DR.. George f. Jen-
kins and DR.. A. B. Hughes testified
they believed Samuels was sane.
Counsel said Samuels stated to the |
deputy sheriff when he returned from
Kansas City, You can't make me live /
with my wife; l love this woman
best
Other Testimony Reviewed.
DIR. Coffey's testimony was revies
ed, as well rs that of some Of the
other witnesses, incl ,ding John Bras-
sill! and hi; evidence concerning tte
/ purchase of revolver and of having
received more change than he ought
to have had in return. When found
on the bridge Samuels was holding
the lifeless body of his wife and was
kissing and caressing her. Taken In
to consideration the hypothetical
/ question, which fully covers the tes-
timony in this case, it is the opinion
of the states experts that Samuels
was sane on March 8. Mr.. Weber be-
lieved that under the testimony and
instructions of the court the jury
could arrive at no conclusion other
than that the accused was a person
of sound mind. If found guilty, the
jury was to determine the punish
ment, a matter he was willing to Who'll
ly trust to the Jurors. When consid-
ering and dissecting the evidence it
did not lead to the conclusion that
, this man was insane The circum-
stances of the crime and the accused's
admissions, he believed, were wholly
; the acts of a sane person.
Attorney Hartzeli.
i Attorney Hartzell at o'clock in the
i afternoon began the presentation of
: his argument to the jury and talked
for half an hour before adjournment
/ of court Mr. Hartzell is making a
/ great plea for his client
, In his practice Mr.. Hartzell said.
: he had not met case of the I'M
r portance this was: he believed the
/ jurors would give it their best con-
| scientious service and that they would
> give to him the. same fair considera
. ton. Every man when he appears
: before jury and he Is charged with
. murder and that of woman-his
l ife-he realized when he champion.
ed the cause of such man that he
3 would have to present arguments fair
5 anl reasonable. No lawyer should
5 attempt to present to jury for fact
: something that is not fact. In this
cese he wanted to act honorably, be
cause he was stranger in a strange
: land. If his reasons were sound and
r logic just, the jurors should follow
/ those reasons to the jury room. The
$ state says the defense here is sub
t terfuge; that, gentlemen, is broad
e statement. DR.. Apologize tells us he
. has seen about 10000 cases of insan-
/! ity and that there are 900 now in the
institution over which he presides.
: This proves that insanity is grim
! reality, and not subterfuge, as said
argue that Essie Samuels was not
killed or that Samuels did not kill
Der. Whether Samuels did or not he
did not know and did not think the
1ury knew. There was no proof in
the record that Samuels ever wrote
the letter-it was simply found on
his person. There is no witness who
has testified that Joseph samuels
wrote that letter He would not be
mean enough to argue the policemen
put the letter or cartridges in Sam
,els' pockets. He would not ask the
re,ease of this man on the ground
that he did not kill Essie Samucls
he expected to argue that Samuels
wrote the letter and had the revolver
and cartridges.
Before any man can be guilty of a
crime. in all criminal cases, there
must be two things, committing the
act and capacity to know and realize
the thing or act he is going to do. 1t
is not hard for any man to know the
defense being made in this case you
all told me that you had no prejudice
against man who pleaded insanity
as a defense. No man is competent
to Judge of any ones insanity who has
not had an opportunity of observing
the persons peculiarities. his business
or his occupation. An insane man is
different from what he was things
done by Samuels might be absolutely
insane, and sane in some other per
son Joe Samuels was married in
1891; there was born two bright little
girls, and there was happy
home. He would make no at