The Prescott daily news., 1915-09-28
HIGHER COURT
 SUSTAINS JUDGEMENT
All That Stands Between White Youths Convicted of Murder Is Clemency of GOvernor-Re-
 fused to Interfere Last April.

S" 4O0P-hoie through which Clarence DeWeln, the Belleville, H., youth, hoped to escape the electric chair was closed by the action of the Arkansas Supreme Court, in sustaining the Judgement of the lower court that found the condemned man to have been sane at the time of his conviction.
 The case of Joe Strong, convicted jointly with him of the murder and robbery of L. H. Tompson. an aged merchant at Benton, Nov. 22, 1913. was not directly involved in this final appeal, although his execution had been stayed on account of the appeal of the DeWein case. Now all that stands between these wayward youths Is the clemency of the Governor, who last April positively refused to inter- fere with the sentence of the court. Nothing has developed since that is likely to cause a reversal of his deci- sion.
 Clarence DeWein is the son of John DeWein, saloon-man at Belleville, Hi. Mrs. John DeWein, his mother, and Mrs. Ed. DeWein, an aunt, made personal appeal to Gov. Hays last April to grant a commutation, but their pleadings were futile. Repre- Isentations in DeWein's behalf have al- so been made to Gov. Hays by the Governor if Illinois.
 DeWein was first convicted April .25, 1914, and both he and Joe Strong were sentenced to death by electro cution. Subsequently, all other re- sources having been exhausted, writ coram nobis was filed, and a jury summoned to inquire into the sanity of the accused at the time of his con- viction. This jury found that he was sane at the time.
 Reversal was asked upon the ground that errors had been committed in the trial. The Supreme Court, however, found no reversible error, and the judgement is affirmed.
 Much attention is given in the courts opinion to a discussion of eX- pert testimony, particularly in insani- ty inquiries by which method efforts are so frequently made to prevent the execution of those condemned to death for capital otfenses. The defnse in- sisted that "the testimony established by overwhelming preponderance, if not beyond dispute, that appellant was suffering from total disease which in- capacitated him from knowing the diff ference between right and wrong, and that he was insane not only at the time of his trial but at the time of killing of Thompson"
 DeWein was about twenty years old at the time of the killing, and evidence tended to establish weak mentality resulting from a hereditary disease, and that he was mentally incapable from childhood. There was great mass of testimony, chiefly by experts who had treated and examined De- Vein for the purpose of testifying in the case.
 There were quite a number of wit nesses, however, who testified that they had observed the accused closely during the trial, and while he was in iail. observing him closely and watch ing his demeanor, and they expressed the opinion that he was sane, that he appeared to be a normal man, and that he took care of himself well on the stand. The court says:
 "There is some conflict in the au- thorities as to the competency of non- expert witnesses on the subject of in- sanity and of the probative force of such testimony. This court Is com mitted to the rule that before the opin- ions of non-expert witnesses on the subject can be made admissible in evil dence. "the specific facts upon which the opinions are based must first be stated by the witnesses, or their tes- timony must show that such intimate and close relations have existed be- tween the party alleged to be insane and thmseleves as fairly to lead to the conclusion that their opinions will be justified by their opportunities for observing the parties" This was done in the present case.
 'It is argued" continues the court, that the type of mental disease un-