The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1912-05-02
URGE The "UNWRITTEN LAW
Trial of Case Will Be Carried to the
Circuit Court in the Near Future.
jury in Lower Court Debate over the
Question but Few Minutes

Pasquale Marchesi must stand trial
in the circuit court on charges of che
murder of his wife and cousin as the
jury in the county court returned
verdict late Tuesday afternoon finding
that Marchesi was not fit subject
for confinement in one of the bospiN
tails for the insane. The verdict of
the jury marked the close Of bitter
two day fight and the jury reached
its decision on the sanity of Marchesi
after an argument of less than an
hour.
The jury held that the testimony
of the various witnesses showed that
while Marchesi was below the normal
i'll intelligence that there was nothing
70 show that he was subject for
confning in the state hospital for the
insane.
The finding of the jury was big
victory for A. L. Drury and R. VI
Baker, the attorneys for the defen-
dant, Of course, the verdict Of this
jury decides entirely on the sanity of
Marchesi at the present time and its
decision will in no way bar the attor-
neys for the defense from going into
court and defending Marchesi on the
grounds that he was insane at The
time he hacked his vile and cousin
to pieces with the Ratchet
The date for the trial of Marchesi
has not as yet been set, but it is pos
sible that tue ri WI be started tie
first of next week. Pending the out
come of the hearing in the county court
Judg Halsey, who was sitting in the
circuit court, excrsed the jurors pend
ing the call Of the clerk and it will
take at least two days to get the
members of the jury BACK to Keno
sha The finding of the county court
was disappointment to the district
attorney and his assistant as they had
hoped that the case would he dispos-
ed of in that court without causing
the great expense to the county of a
trial for murder.
The state has been criticised by
some people on account of its action
in asking that Marchesi be committed !.
to an asylum, but the state was forced
to take this step on the finding of its
own experts After the examination
Of Marchesi by these physicians the
attorneys for the state were notified
that the man was insane and under
this notification it would have been
for the state to have put
him on trial. The jury in the county
court has declared the experts of the
state wrong IN their opinion and This
leaves nothing but to try Marchesi on
Tie charges in the circuit court.
There was little of a sensational
nature in the closing sessions of the
examination. Dr. G. Windesheim was
the last expert witness for the defen-
lant and he followed the rule Of other
physicians when he declared that Mar
,esi was not insane, but the victim
IF hysteria. He stated that in Li3
opinion the man was not dangerous
TO be at large.
Marehesi himself took the stand
and told the story of his fife. In his
story he declared that ne had never
suffered from the supposed opiIeptic
its until after he had been confined
n the county jail. The testimony Of
Marchesi was given in monotone
md he seemed to show little or no
interest in the hearing.
The jury got the ease after long
on the part OF the attorneys
md it is understood that the verdict
hiding Marchesi sane was reached on
he second ballot.