Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1912-01-23
STATE CASE CLOSED
Prosecution Rests After Securing
Admission Of Robinson's Dy-
ing Deposition this
Morning.
FIGHT FOR INSANITY VERDICT.
Defense Tries to Show That Tyler
Was irresponsible When He
Killed Son-In Law.

After winning legal battle anC
securing the admission of the mair
features of the ante-mortem deposi.
tion of Robert w. T. Robinson, the
murdered man. Prosecuting Attorney
Nicholas H. Green this morning closed
the States case against Albert Tyler,
who is on trial for murder in the C ir.
cult Court for Anne Arundel county.
and the examination of long list of
witnesses for the defense was taken
up.
| The scenes at the trial were again
marked by intense interest, on the
part of the morbidly curious and the
crowd thatwedged into the narrow
space outside the court room rail and
packed the Railways was larger than
that which was present on the opening
of the case yesterday.
There was an objection by counsel
| for the defense to the admission of
the dying statement of Robinson.
take n atthe hospital the night the
murdered man died, and the Court
ruled that the State should put it's
witnesses on the stand ahead of the
admission of the statement to show
that Robinson really realized his con-
| dition and knew he was dying when
he made it.
Justice of the Peace John n. Davis,
before whom the dying statement
was made, was then put ON the stand.
He told of the death bed scene in the
hospital, and Robinson's sorrow for his
wife and children, whom he would
leave behind with a mortgage still on
their little home; that he had abso-
lutely given up all hope of life at that
time, however, was not clearly
brought out by Mr.. Davis testimony.
Mr.. Moss, of counsel for the de-
fense, read from a decision of the
Court of Appeals in the famous
Worthington case, wherein the Court
said that dying statement, to be ad-
missible, must be made by one who
"fully" realized his condition.
The Court then ruled that Robin
son had clearly made the statement
"in view of impending death" and
for this rea son it was admissible in
evidence with certain portions strick-
en- out which did not relate to the
killing itself. The statement was
then admitted in such form that it told
the bare narrative of the coming OF
Tyler to the Robinson home and what
happened then and there. The defense
at once noted an exception to this
ruling.
Prosecuting Attorney Green then
endeavored successfully to get before
the jury some of the evidence dealing
with the fatal assault on his wife,
Catherine Tyler, by the prisoner, be-
fore he went to the Robinson home, as
a means of establishing the intent
which he charged was in Tyler's mind
as he drove from the scene of his first
crime to that of his second, and
then put George Taylcr, a deputy
sheriff, on the stand.
The purpose of this was to show
that Tyler, in the magistrates office,
Immediately following his arrest,
told of having killed his wife and
expressing the wish that he had
done so thirty-years sooner This
statement by Taylor, the defense
asked to have ruled out but the
,ourt denied the request.
AIIGT lDlS udu OSSH QOAAS GNdlc ,
Attorney Green said: That's the
States case, your honors." Messrs.
Moss and Gott were then allowed to
retire to the jury room and there
confer with the prisoner, Immediate
ly after which Mr. Moss started his
address to the jury.
He Immediately indicated an insan-
ity defense. After telling of Tyler's
early life as a hard working, industri-
Gus and respected ships carpenter,
whose home life was peaceful, he said,
that while plying this trade the pris-
oner suffered sunstroke. This ply
sical and mental failing of the prison
| er, he said, was matched by a simil ar
| failing on the part of the prisoner :
l wife and that the whole trouble in the
unfortunate family quarrels leading
up to the murders was that the chill
dren did not realize the mental disor-
der which caused the squabbliny and
which could have been smoothed over.
Mr.. Moss concluded by affirming
that on the day he committed the
dreadful offenses he was bereft of his
| reason.
During his lawyers address, Tyler
once more broke down and wept, anc
continued to show deep feeling during
the testimony of his son, Walter Ty,
Ter, who was the first witness fol
the defense.
The son told of continued family
difficulties between his mother anC
father during the past year or two
because of her charges that he wal
going with other women, but sale
he himself had Investigated thes,
charges and found that there was M
ground for this feeling of hers.
This suspicion of the mothers, saiC
Mr.. Moss, had caused division Of
the family wherein two children wer,
turned against each other in add
tion to the situation between Tylei
| and his wife. He made efforts t,
get before the jury evidence Of as
saults on the father by the sons a
cause of the worry that causet
4 4ha mental breakdown,