The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1921-02-19
EVIDENCE IN
MURDER CASE
IS COMP

~-
State Examines One Witness This
Morning An Attorneys Except
Martin to Make Pleas.
At 10 o'clock this morning all
evidence for both the state and the
defense in the Swearingen murder
trial was completed and the attor-
neys began their pleas. Paul J..
Gram, states attorney for Mercer
county, who opened, was to be fol-
lowed by Virgil Duvall, one OF the
attorneys for Clinton Sherman.
Only one of Russell Woods attor-
neys will make a plea, Attorney
Hartzell of Carthage following Du-
vail. Edward Martin, also Of Car
thage, who is Woods other attor-
neys, will not address the jury. As
there is no limit set to the length
Of time which each attorney may
have, it was not known at noon to-
day whether the case would go to
the jury or not this afternoon.
The defense rested yesterday att
ernoon at 3 o'clock, after an at
tempt to prove that Russell Wood.
while not insane, was In such .
mental condition that at the time
of the crime he was not able to
resist wrong. The first witness
called in the afternoon was the
father of Wood, who operates q
restaurant at Augusta. His testi-
mony revealed that he had brought
his son home from the naval hos
pital at Washington on Aug. y,
1919, and that from then to My
II, 1920, he had been confined to
his bed. At times he bent his head
and complained of pains in the
back of his head. Mr.. Wood testi-
fed that although he had his son
examined by two doctors, he did
not know what was the matter
with him. The mother Of Wood
&as the next witness called. Her
testimony corroborated that Of her
husband. She testified to taking
her son on May II, 1920. to the
Norbury sanitarium at Jackson
vile, ILL.,, where he remained until
June %, 1920.
j. F. Wood, from the Norbury
sanitarium, was the next witness
called by the defense. He testified
that he was at the sanitarium on
May II, 1920, when Wood was
brought there for treatment. He
said that he appeared nervous and
restless and that at one time he
found him under the bed. At two
other times during his confinement.
he testified to finding him carry
ing part Of the bed springs. and
that upon request the defendant
obeyed every command given him.
Upon cross examination by the
state Wood acknowledged that he
was only an attendant at the san
itarium and had no knowledge
whatever of any disease. either
physical or mental, and that up I'M
til the time when he entered the
sanitarium a year and a half ago
as an attendant he had been q farm
hand. He admitted that he was not
capable Of knowing what state OF
mind the defendant was in at the
time he was at the sanitarium.
DR.. ]. A. Kleinsmid Of Aledo was
the next witness called. He testi-
fed that at the request Of Tom
; Jones, an uncle of Russell Wood
he had examined the defendant
yesterday morning and found him
to be abnormal and a victim OF
neuraSthenia, a condition of the
nerves, usually caused by prolong-
ed mental strain or overwork. He
testified that it was his opinion
that the defendant had been a vic
tim Of this disease since he was
about Is years of age, and that il
was his opinion that although the
affliction was usually not prolong-
ed after the adolescent stage, which
is about 20 or 81 years of age, thai
Wood. who is "a, was still suffer
ing from it. His definition of the
disease was that while a person
was not insane he 4, is not able to
resist an impulse to do wrong il
urged by a master mind. In cross
examination, DR.. Kleinsmid said
that although Wood was abnormal
and a victim Of neurasthenia, he
thought that he was at this time
able to distinguish between right
and wrong. DR.. Kleinsmid was the
last witness called by the defense
Four more witnesses were called
yesterday afternoon by the state.
Wyatt Ray, 80 years of age, a resi-
dent of near Aledo, testified that on
the morning of Sept. 16, 1920, he
was working at the south side res
taurant in .Aledo and that he left
the restaurant at about 1920 in
the morning. He saw Sherman at
this time sitting in a car, parked
in front Of the restaurant, with two
other men. Ray came back to the
restaurant in Is minutes and the
car was still there, but he did not
notice whether Sherman WAS in it
or not. Clyde Scott of AledO, who
was also working in the south side
restaurant last fair time, corrobor-
ated Rays statement.
c. A. Brown of Aledo, who re-
sides in the same block in which
Sherman's home is located, testified
that some time after / o'clock on
the morning Of Sept. is he saw
Sherman go through the alley to
the north of his home. Sherman
at this time was going west. About
Is minutes after this he heard
shots fired. He described Sherman
as wearing light shirt and dark
trousers. Dorsin Finch Of Aledo,
the barber who shaved Wood dur
ing the time he has been in the
Aledo Jail, testified that he noticed
no strange or peculiar actions on
the part Of the defendant.
The only witness this morning