Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-06-12
10 JURORS FAVORED
ACCOUNTING BOY AS
INSANE, IT IS SAID
Continued from Page u

tt0ntinued from rage II
after brief closing argument
by States Attorney e. F. Will
son, who followed J. l.. Kelly,
appointed by the court to defeLs4 -,.c-
Dowell. The defense counsel rem nd
ed the jurors of testimony of DR.. H.
Mason Smith, alienist, who testified
that in his belief Mcdowell was suf-
fering from incurable insanity at the
time Of committing the crime, and
was in an even w Sc condition at
the present time.
The Judges Charge
= re Mc"'ullen completed the
reading of his charge to the jury a
few minutes before o'clock and ar
guments of counsel began. Judge
%. l.. Dayton, of Dade City, special
assistant to the states attorney in
prosecuting the case, opened for the
state.
In his charge, the court stressed
the different degrees of homicide,
Is.-essing the plea of insanity in muir
der cases. The law presumes a per
lson to be sane, he stated, and it de-
wolves upon the defense to show
but the final determination whether
Tor not the accused had sufficient
treason al the time of committing the
crime to distinguish between rig t
land wrong rests upon the jury. In
reaching a verdict the jurors were
cautloned to use common sense such
las govern their every day actions.
1t was not to be presumed, the
Judge charged, that a person is to
he considered insane merely because
of the fact that he has committed
crime nor becau~ e of the enormity of
the crime If they could not recon
Gle the evidence produced, they
should consider that which they b"
lieved, he told them.
Defense Takes Floor
j. L. Kelly, for the defense, fol-
lowed Judge Dayton, who finished
1.-THE first argument for the state at
3: 80 O'Clock. He reminded the jurors
that he had been appointed by the
state to defend Mcdowell, and was
getting nothing for his services;
therefore. it was obvious. that he
was only trying to help them in
tarriving at a Just verdict. They had
pledged themselves, he Ieclared, to
: discard he stuff hey had Tead in
the newspapers" which he said had
been written "by the column where
the story might have been told in
an inch" in order to make attractive
reading. He had learned, he said,
that such was the requirement of a
good ,newspaperman.'
He reminded the twelve men of
1.-THE testimony of Dr. Smith, who de-
clared the defendant was insane at
? the time of the crime, and asked if
they would believe him, or base their
verdict on declarations made by
{ Judge Dayton that it had been shown
, that Mcdowell was guilty of first
degree murder and that they should
: render their verdict accordingly.
Mr.. Kelly completed his argument
a few minutes after o'clock.
Prosecutions Argument
IF you believe this young man
5 knew what he was doing when he
sent his sleeping mother into eter-
nifty, it is your duty to send him to
the electric chair declared States
Attorney Wilson in opening the clos
ing argument for the state.
He called attention of the jury to
the time of the crime, late, on a
F., stormy night The defendant was
; found, the attorney asserted, at the
foot of the bed where lay his slain
parents, weeping as though his
heart would break"
DR.. Smith, the alienist, testified,
the prosecutor pointed out, that the
youthful slayer's mental condition
was such that he was incapable OF
: showing emotion.
| Referring again to testimony of
DR.. Smith that Mcdowell thought
he was doing right lin his enfeebled
) way of thinking" when he attempt
ed to cover up the crime.
Y IF he thought he was doing right,
: why in the name of God didn't he
< shout it from the bousetops? That
is what people usually do when they
: do that which is right e exclaimed,
Alienist's Testimony
Mcdowell is suffering from a
hebephrenic type of 1ementia
praecox. according to DIR. Smith
The characteristics of this type of
persons, DR.. Smith stated, are a loss
OF interest in everything except the
individual himself and a complete
paralysis of all emotions.
There is a disposition to yield to
the most absurd impulses which arise
IN the lndlNldual, and pt3ecoX does
many things very ridiculous, fer
which he will not undertake to give
any explanation" the ahenist said
Vivid Hallucinations.
The disease is attended by the
most vivid and bizarre Authorizations
These are more frequently haIlucina.
tons of hearing, in which false
voices are heard and sometimes com
mands are received through these
voices, Other sensations are some
times involved in their Authorizations
Of seeing, smelling, etc,
There is a loss of serse values
and judgment, but case of de-
mentia praecoX is most always well
oriented, The Intelligence becomes
very superficial or shallow.
This condition is characterized bv
frequent outbursts of excitement,
: during which times the delusions are
more pronounced and the hallucina
tons more vivid, Between these
. outbursts. or episodes. the patient
: may be quiescent. but the general
characteristics of demenJia praecoX
, S'su display themselves.