Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-05-27
Describe Him as Criminal and
Superficial, But of
Sound Mind.
TESTIMONY AND ARGUMENT
ENDS; JURY GETS CASE
Prisoner Continues Nonchalent and
Appears Resigned as Argu-
ments Begin.

NEW YORK, May 27.-The summing
UP Of the evidence against DR.. Arthur
Warren Waite in his trial for the muir
der of his father -in-law, John E. Peck
Of Grand Rapids. Mich. was concluded
by both defense and prosecution soon
after noon today. Justice Shearn then
began his charge to the jury. He nm
ished at / 20 pm. and the jury retired.
DR.. Waite entered the courtroom with
the same apparently resigned, nom
chalant manner that has characterized
his demeanor since the beginning OF his
trial. The prosecution promptly began
it's rebuttal of the testimony Of the de-
tense bearing upon Waite's alleged i'm
becility an didiocy by placing on the
witness stand a neurologist. DIR. Smith
Ely Jelliffe Of New York. He testified
that he had determined from an exam
ination of Waite that the prisoner
showed no signs of defective intelli-
gence.
Snobbish and Superficial.
"He appeared as the average man Of
his early life and environments" said
Dr. Jelliffe. My belief is that he was
an average man. somewhat superficial.
inclined to be snobbish and Of no
great Intellectual attainment. He ap-
peared to be superficial in that he was
trying to cover up. to conceal.
I'm my opinion. he was sane. I be-
lieve he knew the nature of the crime
he committed and was fully aware OF
all phases of it. He had sufficient
mentality to appreciate his acts. He
yvh he
DO you consider Waite normal
man." asked Walter r. Deuel.. the
prisoners counsel.
That question cannot be answered"
with mind. He differs from the av-
erage man in terms of psychology, be-
cause of his whole life being spent in
living and feeling"
Detected Criminal Reaction"
DIR. Jelliffe said he talked to Waite
about the crime.
Was his emotional reaction to you
perfectly normal" asked Mr.. Deuel.
His responses denoted criminal reac-
tion," said the witness.
WAS Waite's demeanor on the stand
that of sane, normal man." inquired
one of the jurors.
Not like the normal, average man.
but he has a trait that a criminal of
that type would show" said DIR. Jel-
life.
DIR. William Mabon also testified for
the prosecution. saying he found no
disturbance of DIR. Waite's nervous
system. On some occasions when he
examined Waite he found the prisoner
made an effort to give false answers.
What was your conclusion about in
sanity" asked Assistant District At
torney Brothers.
IT.
WAS he sane in your opinion when
he killed Peck?"
II would say that, at the time he
killed Peck. he was sane and knew that
ne was doing wrong"
AS superintendent of the Manhattan
State Hospital, DR.. Mabon said he oc-
casionally, saw such types as Waite,
adding:
Trained Himself to Smile.
I'VE kept them under observation for
time and always returned them to
the charities department or to their
relatives. Waite is as normal as a man
Of his type can be. He had control
of himself and knew what he was do
ing"
Asked If he noticed that Waite smiled
while on the witness stand, DIR. Mabon
said the prisoner smiled while he was
being examined by the alienist II
considered that he chose that attitude
for a purpose" added the alienist. Il
think he had trained himself for years
to be pleasant to everybody"
You think that he had so trained
himself that he was a BILE to tell story
of the crime on the stand with the
same manner that he would have told
of the simple life?" asked Mr.. Deuel.
Il do said DR.. Ma bon.