Norwich bulletin., 1912-05-24

Tn a last effort to obtain new trial for Bertram G. Spencer, convict ed of the murder of Miss Martha B. Blackstone, on Round Hill, March 3l, 1910, Attorney Richard P Stapleton of HelyOke, argued on the defendants s exceptions at special sitting Of the full bench of the supreme court of Massachusetts at Boston Thursday. Attorney Stapleton argued at the opening for two hours, after which District Attorney c. T. Callahan delty- cred his argument
 Court adjourned at 1915 o'clock, talk ing the case under advisement, and the court considered the case in the after noon.
 It is probable that Spencer will know his fate when the court con- venes next month In opening his ar gument, Attorney Stapleton asked to be allowed more than one hour to ar que his case. This is the usual limit for arguments before the court. Chief Justice Arthur P. Rugg replied that in view of the fact that this is capital case the court would allow him ample time
 Chief Defence Insanity.
 After stating the principal facts of the murder, stating to the court how Spencer entered the Dow home and shot the Blackstone girl, Attorney Stapleton announced that the princi- pal defense is insanity
 Attorney Stapleton said: One of the l first exceptions taken by the defense was on Judge John c. Crosby's re- fusal to recommit the prisoner to an insane institution. It appears that the prisoner was committed to Bridge water by order of the court, and was returned by order of Chief Justice Aiken of the supreme court upon l precept issued by him, and without Ia hearing as provided by law, the l order returning the prisoner from i Bridgewater for trial did not contain a seal of the court. but was simply the action of judge of that court. ! If such action could be taken per sonally by a member of that court, why could not Judge Crosby exercise equal jurisdiction and return the pris- oner for further observation?
 Tn this respect the prisoner was deprived of his right not only under the statutes but also under the 14th amendment of the constitution, which | provides that no man shall be de- | priVed of his life or liberty without due process of law The defense then asked permission to put six questions to the jurors, these questions were intended to be put by the defense in addition to the customary questions, prescribed by statute. Judge Crosby refused to allow these questions. { We come now to the testimony of Miss Harriet P, Dow. one of the women present at the shooting, she said that as the clock struck 8 that evening, the victim of the shooting made a remark; the court allowed the witness to say that the woman made such a remark, against the objection of | the defense
 There is no evidence that the pris- | oner heard this remark made by the deceased, and in accordance with the rules of evidence this statement should have been excluded.
 Exceptions to Court Rulings.
 'Fonowing this. the defense took exceptions to the courts ruling in re- fusing Drs. Edwin L. Danielson and Henry Lemotte to testify as experts on insanity even after it was shown that both physicians had attended the pris- oner years before the shooting. Dr. Danielson testified in the laudanum poisoning episode and also of his ex- animation of the prisoner, when Spen- | cer entered the Mt. HermOn school.
 "Dr. Lamotte testified to attending | the prisoner when Spencer was on the naval training ship. We have several cases in which the court has permitted attending or family physicians to tes- | tify of a prisoners physical and men
 tai condition, regardless of the physi-
 clans being able to quality as insani- 1 ty expert. They would have been able
 to testify regarding the contention of
 the defense that the prisoners insan-
 ity was of long duration and was her
 editary.