Imperial Valley press., 1925-03-25
CALHOUN TRIAL
NEARING END AS
ARGUMENTS ON
Utley Blocks Attempt to
Introduce New
Evidence

Arguments in the case of Jim
Calhoun, charged with the murder
of Jean Hudson, opened this after
noon, with Deputy District Attor-
ney j. f. Simpson leading off for
the prosecution. He will be follow
ed by~Attorneys Hervey and Will
son for the defense, and District
Attorney Utley will make the clos
ing argument, which possibly may
not be reached before tomorrow
morning, as no limit has been set
on the length of the arguments.
District Attorney Utley blocked
the attempt of the defense at this
mornings session, to prove, by the
testimony of alienists. that Calhoun
was insane at the time he is alleg-
ed to have shot Hudson.
The state has attempted to show
by the testimony of alienists that
Calhoun was not insane ,and in this
connection Dr.. f.. II. Williams and
Louis Webber from Los Angeles,
testified for the prosecution. DR..
Webber was on the stand yester-
day and DR.. Williams testified this
morning.
In an attempt to controvert the
testimony of these alienists, the de-
Tense introduced DR.. Bishop, also
an alienist from Los Angeles, who
attempted to prove that Calhoun
was unsound mentally at the time
of the shooting. On motion of the
district attorney, the court ruled
the testimony of DR.. Bishop out of
the ease.
The district attorney contended
that in an insanity defense for muir
der, the preponderance of insanity
must be proven by the defense and
that the time for the Introduction
of such testimony is when the de-
fense presents. its case and that fol
lowing the evidence of the state s
alienists, the defense can only of
fer rebuttal testimony and cannot
introduce new evidence.
The court upheld the contention
of the district attorney and refused
to admit the evidence of DR.. Bishop,
District Attorney Utley citing sew
eral cases where such ruling has
been upheld by courts of this and
other states.
Amid a rapid fire of hypothetical
questions by counsel for the de-
tense. DR.. Louis Weber, alienist
introduced into the case by the de-
fense,, stuck by his guns yesterday
afternoon, and maintained that as
far as he could tell by observation
Of Calhoun, and by listening to his
testimony while on the stand, the
defendant is not insane.
DR.. Webber, in answer to ques-
tions by Attorney Edgar B. Hervey,
described psychic epileptic insanity
as a dazed condition of the mind,
during which the victim might do
acts of violence without having
any memory of such act when nor
malcy returned.
The dofense, which has intimated
throughout the trial, that plea
of emotional insanity may be pre-
sented, seemed to take to DR.. Web
ber' description of psychic epilep-
sv as being suitable to the actions
of their client on the night Hudson
was murdered, and it is anticipated
by many following the trial, that
the defense will use this plea as a
trump card.
Other witnesses called yesterday
afternoon included Policemen Mayo
and Westfahl of the FL Centre pc
lice department, who were in the
Hudson home shortly after the
shooting, In reply to questions of
the attorneys, both denied having
seen anything of a white handled
revolver belonging to Hudson, in
anv part of the house.