The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1912-11-13
GUILTY IS THE PLEA
Of THE ASSAILANT OF
Col COLONEL OI|EI ROOSEVELT. ROOSEVELT.
Five Milwaukee Alienists to
Determine Condition of
Schrank's Mind at
Present

Milwaukee,. November Il. - John
sehrank, pleading guilty today to an
attempt to murder Theodore Roosevelt,
did not receive the quick disposition Of
his case he had looked for. Instead,
on motion of District Attorney wini-
fred C. label, Municipal Judge A c.
Backus appointed five Milwaukee alien
lists to act as a part of his court In de-
termining the would slayer's mem
tai condition.
The courts action was the first such
practice in Wisconsin criminal pro-
cedure. Under recent statute the
court was given this power. In his
charge to the commissioners, the court
explained to them why they we're
sworn as. part of the court instead of
the customary procedure of receiving
only their testimony under oath. Il
have determined" said the court. upon
this course because of the customary
condition evoked by jury trials of san
lity. | have noted that in such trials
the Htdlldi W itltSSfo lOI tht piOSttA~
ton are matched with medical wit
nesses for the defense for contradic-
tefs opinions that icaro the lay minds
of the court and the jury more con-
fused than before and at a huge ex-
pense.
Part of Court Fabric
"rhe law gives me power to deter
mine for myself. But l have summoned
you gentlemen to be physicians of the
court a part of the fabric of the court,
to examine the defendant SchranlA and
report on his mental condition regard
less of the result"
James G. Flanders, a leading Mil
waulxee attorney. appointed to repre-
sent Schrank in the sanity inquisition,
he'd two brief talks with his client but
neither gave Indication of what Schrank
would decide to do.
Asked If Theodore Roosevelt would be
summoned by Schrank, Mr.. Flanders said
it was not likely as there probably was
little light Colonel Roosevelt could throw
on the present mental condition of his
assailant.
"The courts instructions was that the
determination of the commission should
be as to SchrankS s present mental cond1-
ton"
This, It was admitted by the court and
prosecution, was that no cloud should be
thrown on the warrant or the charge un-
der which Schrank was arrested.
No Escape for Schrank
The procedure will be that, II Schrank
be found mentally unsound, he, standing
beneath a plea of guilty of attempted
murder will be held as an insane crimi-
nal until he has recovered, If he does
recover. when the punishment, based on
his plea will be named by a court of
concurrent jurisdiction just as though
there had not passed an interim in which
Schrank was held as insane.
"The courts Instructions were that the
sailant Of the former President would not,
by the sanity commissions finding. be in
a position TO escape sentence under his
plea Of guilty or sentence under jury
determination. il at future date. sanity
having been restored Schrank should de-
mand jury trial and be found guilty.
If declared insane by the commission,
the defendant will remain a ward of the
court
Dr. Richard Dewey was selected today
as moderator of the medical commission,
which expects to report about Thurs
day.