The Detroit times., 1914-04-29


.dercloihing and woman's garter. lie
thought he broke the cane, the last
nisht he was I'm Dayton.
What enect did abslnthe have on
you? NJ was asked.
~ benumbed my brain" he replied.
In what way? How do you know
you'll have 20 ask a psychologist
about that" Won Walden answered.
The youth testified that he drank
good deal of whisky, using it as
chaser after absinthe.
DR. Augustus w Ives, professor OF
mental and nervous diseases in the
Detroit College OF Medicine and Sur
gerry, and visiting neurologist in 81.
Mary's hospital and the House oil
Providence. testified that he had ex-
amined Won Waldens head In the
county Jail, April i9 and %
His head is OF the Monaghan
type said DR. Ives Il found several
sears. His ears are misshapen.
These are stilmata OF intellectual IN
suiiiciency There is a scar over the
frontal lobes the Intellectual and ETH
cal Centers. There is a palpable de
preston under the scar. Pressure or
the bone on the brain would be likely
" iAAiteAAl hi9 AAthAdlllg anu Judb
Mr.. Chawke asked DR. Ives a hypo-
thetical question. 10 minutes long,
ending.
Provided these things are so, what
was his mental condition n he did
what the state says he did? Was be
capable OF distinguishing between
right and wrong?"
Or. Ives replied IL thing IL very
4..st a. Fg.rs a all
those conditions, not TO know what he
was doing, or the consequences OF his
acts
MIR Kelly asked that the answer be
stricken out.
Let 1t stand for what il Is worth,
ruled the court. you can cross-ex-
anime the witness
You wouldn't be sure that Won
Walden was mentally incompetent at
the time of the ask" asked Mr.. Kelly
No" Mr.. Ives replied.
The physician said that he had
noted alcoholic tremors OF Won Wal
den's hands. but said that his refexes
were all right
Would he be in good physical con
dition after all the dissipation 20
which he has testihed?' Mr.. Kelly
asked
I'll he were examined long enough
afterward'
"Why didn't YOU give him fun
physical examipatien
Ree'ase ,.",st'saas TO test;his Rea-
do YOU think he's insane%
Il didn't say think he's insane"
DR.. Ives drew a distinction between
legal and medical insanity Medical
! insanity, ne said, was "A more or less
prolonged departure from sanity. Won
| Walden could be medically insane. he
said. without being legally insane
I far enough out OF his mind TO be put
under control in an institution. Won
! Walden's insanity was OF type that
| doesn't seem 10 take II out. In intel
/ lectuality, but in morality"
III took him three hours TO tell
me all he did about his morals said
DR. Ives
Mr. Kelly had long. tangled argu'
ment with the physician, with MT
! Chawke objecting every few moments
DR. Wesley Taylor neurologist in
! Harper hospital, testified that he had
examined Won Walder on April %.
! His testimony was similar to that OF
! Or. Ives lie concluded that 1t was
! quite possible for Won Walden to have
! been irresponsible when he committed
the robbery-if he committed IT.
There the defense rested. Mrs.
Won Walden. who followed the testi-
mony carefully. was not placed on the
stand
Mr. kelly's opening remarks were
short and formal Mr. Chawke ad
dressed the jury. He argued that
hold.up in such a prominent place as
the Hotel Metropole, passed by scores
OF people at all hours OF the night, IN
an office likely to be entered at any
moment, was the act OF men men
tally irresponsible.
MIR. Kelly, In his argument. asked II
the killing OF Patrolman Madden was
that OF a mailman. Mr. Chwke OBJ
iected. and was overruled Mr. Kelly
cited the Meyer case, and the Rosen'
thai homicide in New York.
'.Insanity-the refuge OF sinners
he cried This act was dirty, rot
ten. sordid robbery. perpetrated by a
pampered son Of wealth who doesn I
want TO work.
| We EOl Il ItliEdlllS AOitANduf DNN
don't think I'm a baby" shouted Mr.,
Kelly Battling Nelson has tin ear.
but don't think he's crazy. You may
all have scars, gentlemen OF the jury,
but don't believe you're insane"
When Mr. Kelly had concluded, Mr..
Chawke entered a strenuous objec'
ton 10 his argument, claiming that II
was prejudicial Judge Connolly ruled
that the jurors could consider ~ and
could eliminate, in their minds, any
overstatements that they might con-
slider Mr.. Kelly to have made. He al
lowed Mr. Chawks exceptions. and
then said that he would charge the
jury Thursday.
Won Walden seemed exhausted by
his examination During Mr.. Kelly 3
charge. he leaned his head on his
hand and closed his eyes. II was the
first time during the trial that he
seemed at all worried by the outlook