Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1917-02-15

deeply imbedded in the flesh about the
neck, and to such an extent that il
could not be seen upon first examina-
ton, and in addition to this, rags and
other strings or pieces of cloth were
inserted far back in the little ones
mouth, and it was then taken. and rolled
IN blankets and other articles of cloth
ing and the bundle placed away back in
a dark closet in the house. These acts
to my mind would be sufficient, and
In the minds of the jury satisfactory
proof that it was made and done by a
person laboring under a temporary
alteration of the mind. Should there
have been deliberate and premeditated
act by person of sound mind doing
such thing they would never have re-
sorted to such violence or such acts as
were perpretrated in this case.
This woman being the mother of six
children living at home, and taking care
OF them would also have it, effect
upon the jury, and they would give her
the benefit of any doubt that may be
raised, and undoubtedly would be raised
as to her mental responsibility when
this act was committed.
| have talked with local members of
the medical profession about the facts
in this case and as to the probability
of this woman being in an unsound con
dition of mind at the time, and they
have expressed their opinion to the eff
feet, and that medical authorities show
such thing to be common at time
following soon after child birth. In
this connection work on Medical
Jurisprudence by Whitthouse and Beck
er, recognized as the best medical
authority, commenting on this subject
under the head of Puerperal Insanity,
among other things says:
"That there is no special form of
insanity peculiar to the Puerperal
state, but is usually of maniacal tyre,
and that it occurs during the first few
days after birth and before or durina
the establishment of flow of milk, Il
ing which infanticide may occur -
Savage, another authority on this
question and cited in this authority,
refers to a condition of temporary
mania appearing during the first few
days after delivery, in which the woman
is liable to injure herself or her child,
being perfectly unconscious of the act,
this may appear where there has bee.
much exhaustion ETC., and in this case
being largely due to the rapid bearing
of children; and further he says, 81
find that in Puerperal Insanity of the
ordinary type homicide and infanticide
is the most usual crime
In view of the foregoing conditions
and facts, and that the defendant will
undoubtedly be able to produce unlimit
ed medical authorities to substantiate
the defense of insanity at the time this
act was committed; and there would be
no possibility OF securing conviction,
is the principal reason for my making
this statement; and again in view of
the great number of witnesses that were
called at the preliminary hearing ON the
part of the prosecution and would have
to be called in the trial of this case, as
well as number OIL witness for the de-
fense including possible outside expert
testimony at an expense probably
aggregating $500 to $500 in the trial
of the cause when to my mind there is
no possibility of securing conviction;
and that jury would not take her from
her present family of six little children
and send her to the penitentiary for
term of years, and would give her
the benefit off the doubt and acquit her,
causes me to make this statement, and
suggest to the court that it would be
useless expenditure of time and money,
and that said cause should be dismissed.
/ fully realize that from the nature
of this case, being charge of murder
in the first degree, that there will be
those who will differ from the position
I am taking and will cause more or less
criticism, but I deem it proper from my
view point as well as my duty under the
law to submit this statement to the
Court for further consideration.
Respectfully,
Edward M. Griffith,
Prosecuting Attorney.
After deliberating over the statement
Judge Steele announced Monday 1t
uro,,la he eantinned for the term.