The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-11-30

having in mind your personal exami-
nation of the defendant in your opin-
ion was the defendant mentally sound
at the time of the shooting on Au-
gust 3. 1917?
Assuming all the foregoing facts
and having in mind your personal eN-
animation of the defendant in your
opinion did the defendant know the
nature and quality of the act she was
committing?
Assuming all the foregoing facts,
and having in mind your personal
examination of the defendant, in your
opinion did the defendant know the
act was wrong2"
At Justice Manning's suggestion,
Drs. Smith, Ely, Jeliffe and Lewis c.
Johnson, all called by the defense, and
Drs Islam Harris, Charles w. Pilgrim
and George H. Kirby, summoned by
the prosecution, were given seats near
the witness stand so that repetition
of the long question would not be
necessary. Lewis ]. Smith, associated
with Mr.. Uterhart, began the reading
of the Interrogation at 1920 O'CLOCK
Question Doctors Qualification.
Mrs. De SaulIes' seemed more de-
jected than at any time since the be-
ginning of the trial, and sat with
downcast stare. apparently without
taking heed of what was going on
about her.
After reading one hour and twenty
minutes, Attorney Smith reached the
conclusion of the first part of the
question-that relative to the defend
ants Soundness of mind.
DR.. ]. Sherman Wight. who had
been called to the stand when reading
of the question began, was about to
make answer when the district attor-
ney challenged Doctor Wights ability
to qualify as an expert witness.
Weeks also declared the question
was not properly framed. It's all
right as far as it goes" said Weeks.
He added there were omissions rela-
tive to the happening on the night CT
August s, as told in testimony so far
given which should have been in
Guided.
The district attorney pressed his OBJ
lection on the grounds that the ques-
ton was incompetent and improper.
Justice Manning, after some con-
sideration. overruled the objection.
The question was repeated and to
each of its three parts DR.. Wight an
swere "She was not" "She did not"
and She did not" respectively
'Since the question seems to have
been built entirely from testimony of
witnesses called by the other side,
IL seems that it will be necessary fo1
US to draft an entirely new question
based upon statements of our wit
nesses." said Attorney Weeks.
JUSTICE hdAIlIB dSTeeu THAT
appeared to be the only course to
pursue.
Tells What Allied Her.
What, in your opinion. was she
suffering from ?' DR.. Wight was asked
by the defense.
at Is my opinion she was SUFFERING
from brain pressure due to ademf
produced by a series of psychic shocks
received that night in the presence
of lack of nervous control, due to
thyroid condition and resulting from
the old injury 10 the brain"
Juror Falls to Sleep.
After the reading of the hypothet-
ical question had continued thirty
minutes Juror No. 4" fell asleep.
He was awakened by the juror seated
on his left. Several others in the jury
box with closed eyes nodded in their
chairs while others looked thru the
windows into the countryside beyond.
Treats Jail Inmates.
Mrs. De Saulles spent a little more
than 500 in entertaining the Nassau
county Jail prisoners Thanksgiving
day. Fifty ate turkey at her expense.
Afterward they sent her a note of
thanks, signed by a number of Lead
ers. Mrs. De Saulles dined with her
sister, Amalia and little Jack, her SON