The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1917-05-15
Judges Instructions Leave
LOOphOles for Acquittal.
Degenerate Must Have Been
Insane To Be Convicted.
ARGUMENTS THIS AFTERNOON
Carver Brings Out Facts il
Case in Convincing Manner.
Verdict Expected To Be Re-
turned Late This Afternoon.

Kansas City, Kan, May 15.-The
fate of Fred Bissell. Topeka degener-
ate on trial for the murder of 9-year-
old Edna Dinsmore in Topeka last
April year ago, will be in the hands
of the jury before sunset this after
noon, and it was the opinion of the
attorneys this morning that unless the
jury disregards the instructions of
Judge w. H. MECHANISM, the brutal
SLAYER of the innocent little girl who
trusted him and loved him because he
bought her candy will escape the full
measure of punishment every one has
expected him to receive.
All the evidence in the case was in
Monday afternoon and the defense
rested its case just before adjourn
ment. This morning the first thing
taken up was the reading of Judge
McCamish's instructions to the jury
The instructions covered thirty pages
and those who heard them and real
lied their import were more surprised
than the attendants had been when
Bisselfs attorneys suddenly switched
to an insanity plea in desperate eff
fort to snatch their client from the
clutches of a law crying for ven
geance.
Many LoophoIes Open.
Judge Mechanism went into every
detail of the case in his instructions
and left many loopholes thru which
the jury might find sufficient grounds
to render verdict of acquittal.
I'm order to entitle the defendant
to an acquittal on the grounds of in
sanity one of the opening para
graphs of the instructions read, he is
required only by the evidence to es-
tablish reasonable doubt as to his
sanity at the time of the commission
of the alleged crime
Following CLOSELY uDOu this nara
graph was another which read:
IF the jury cannot say it believes
beyond a reasonable doubt that the
defendant was sane at the time he
committed the alleged act, or cannot
say whether he was sane or insane at
that time the jury is bound to acquit
him."
Further giving Bissell every pos
sible advantage, the judge instructed
the jury that if it has found that the
confession he made was obtained by
the officers by influence. or prom
ises or threats, said confession cannot
be considered as evidence against him.
If the jury finds him guilty, the in
structions permit finding him guilty of
murder in either the first or second
degree as may be seen fit.
Carver Makes Strong Plea.
Before the reading of the instruc-
lions Robert Carver, county attorney
of Shawnee county, reviewed the evil
dence of the prosecution in a clean cut
concise talk of 20 minutes in which
he brought out every strong point
made by the prosecution in the in
PRODUCTION of the evidence.
In making their arguments before
the jury the state was permitted to
take an hour to close and the defense
the same amount of time and as much
more as might be needed.
Despite the instructions of Judge
Hc(No icI1 he al mir
of those families with the action of
iurieS that a first or second degree
murder verdict would be rendered be-
cause of the absolutely convincing evil
dence introduced by the state No one
doubts that the horrible crime was
committed by Bissell, just as his con-
fession says it was, and the abundance
of evidence introduced to show that
he was seen with the little Dinsmore
girl on the day of the crime, to show
that iodine found near her body was
the same purchased by Bissell at a
Topeka drug store, along with threats
he had previously made, establish his
guilt beyond any shadow of doubt
Sanity Big Question.
The only question that can possibly
disturb the minds of the jurors, court
attaches says, is that of his sanity. In
case the jury does not believe he was
sane at the time the crime was COM
rnitted. there is nothing to do but ac-
quit him under the instructions. But
an acquitta1 will not mean that he will
so free as other actions will immedi-
ately be taken to have him punished as
an insane criminal.
During the closing hours of the in
PRODUCTION of testimony in the case
Monday afternoon the defense made a
great effort to show that Bissell was
not sane at the time of the crime. DR..
Glasscock who operates a sanitarium
in Kansas City was put on the stand
in the capacity of an alienist by the
defense and was asked a hypothetical
question that it took 40 minutes to
ask, the object being to have him state
whether or not a man who would
commit such a crime could be sane.
DR.. Glasscock's reply was brief, and,
altho it was considered faN orable to
BisseIl, lie SAID that, in his opinion,
such a man must be degenerate, bat
that he did not think insanity and
degeneracy inseparable. Authorities
differ on this point. he said, but gave
it as his opinion that a degenerate is
not necessarily an insane person
Following DR.. Glasscock's testimony
the state introduced witnesses in re-
buttal to refute the insanity plea and
this was the closing evidence in the
case.
Seek Missing Argentine Ship.