New-York tribune., 1917-11-26
Her Physical Ability to
Stand Harsh Examination
To-day Is Doubted
State to Ask Medical
Commission, Is Rumor
Prosecution May Execute
Coup by Calling Upon
Court to Name Experts

NINEOLA. Long Island, Nov. 25.--
Doubt of the physical ability Of Mrs.
Blanca De Saulles TO face the Cruel
ling examination 10 which she will be
subjected tomorrow morning with the
resumption Of her trial for the shoot
,ug OF her divorced husband was
raised this evening after final visit
from her physician.
The frail defendant, who has been
losing weight ever since the day of her
arrest and confinement in Jail here,
was described rs being weaker to-day
than at any time since the opening of
the trial. She spent the entire day in
bed, refusing to see any visitors. Not
even a visit from little Jack, the son
i,- whom she was driven to commit
the crime. was permitted TO break in
upon her days rest.
Attorney Fears Collapse
Former Judge Lewis j. Smith, part
rer Of Henry A. Uterhart, Mrs. De
Saulles's attorney, announced that
there were reasons to believe that Mrs.
De Saulles might bring the recital Of
her tragic story of domestic woes to a
sudden conclusion tomorrow by col
lapse on the witness stand. DR.. j..
sherman White, who has been her con-
slant attendant since her arrest, will be
At her elbow in court in the event she
should succumb to the strain.
But Attorney Uterhart insisted that
she would 90 on the witness stand at
10 o'clock in the morning, according TO
schedule, and would remain on the
stand the greater part of the day-or
until she had concluded the detailed
story of her wooing. married life and
divorce from Jack De Saulles. He spent
much of the afternoon mapping out
the series of questions through which
he will bring out the story.
His conferences with Mrs. De
Saullcs. however, were brief. This was
due not only to her weak physical con-
iition. but her apparently Indifferent
mental condition. She showed little
interest in the arrangements Tor her
ordeal in the limelight Of the court
room. and no evidence OF the keen de-
sire TO take part in these arrange
ments, as was said to have been the
case before the opening of the trial a
week ago.
Coup Planned, Is Rumor
During the afternoon there were ru-
mors that the prosecution was plan
ming TO execute a coup BY calling upon
the court to appoint commission of
medical experts to examine Mrs. De
Saulles and report on her mental con-
dition. District Attorney Weeks was
not to be found at his home, his Office
or the Nassau County Courthouse dur
ing the day, and his associates main
tanned complete silence as to his plans.
Attornoy Uterhart declared that such
a move would not be countenanced by
any court, since the plea of the defend
ant had been mot guilty" and not one
Of insanity. Such plea does not pre-
vent evidence being introduced by the
defendant TO show that temporary
condition of insanity may have existed
1t the time, however, he said.
Later, in preparation for such a
move BY the District Attorney, the law
yer cited sections of the Criminal Code
20 support his position. He issued
statement in which he summed UP his
answer to such d step on the part OF
The prosecution in this way:
a plea of not guilty permits a de-
fendant in a criminal prosecution TO
prove facts,raising any defence, includ-
ing insanity, except a prior conviction.
Therefore. il is not necessary, as
legal matter, to specifically plead in
sanity in any criminal case. even if the
defendants irresponsibility be relied
upon as an excuse for the commission
OF the act Section 1886 of the Code Of
Criminal Procedure simply permits the
defendant, if he so desire. to add q
specification Of insanity to a plea Of
not guilty but this is purely volun-
tery and adds nothing TO the plea.
1T is only when 2 specification Of
insanity has been added 10 a plea Of
rot guilty. under the provisions Of
Section 1896. that The court has any
power on the application Of the Dis
ttict Attorney 20 appoint o commission
TO examine into the sanity Of the de-
feadant 10 the time of the commission
of the act.
Insanity Law Changed
"Somc years ago the law provided
A - L. A.