Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1929-06-29

later adjudged sane.
The verdict was read to a crowded
courtroom by Judge w. w. McCrory.
The jury's report, signed by M. E.
Paschal, said:
I'VE. the jury. find John M. Nc
Kenzie insane at this time" This
verdict automatically cheated the
electric chair OF a victim for
which 1t has been prepared four
times. Three times Governor
Moody's reDrieves saved Mckenzie
from execution.
After the verdict. James McKen-
zie. brother Of Pete. jumped TO his
feet and dramatically embraced his
brother.
Pete stared. immobile. as though
unable to grasp the significance or
the verdict. Presently tears welled
in his eyes.
The crowd attempted 70 reach
Pete for handshaking, but was held
off by deputies.
Mckenzie will be held in the
county Jail until the court issues an
order placing him in the custody Of
the county courts. The county
| judge will commit him to an asylum.
The sanity test ordered after an
affidavit had been filed that Nc
Kenzie had become insane. began
last Monday morning and ended
with the closing argument 10 the
/ jury by w. H CWick) Blanton, one
of the counsel for the defense. The
Jury had not reported at late hour
| in the night.
Arguments OF attorneys climaxed
the last day Of the hearing with
eight hours allotted by Judge w. w.
McCrory for the speeches. f. B.
Simmons made the first address for
the defense. After Simmons attor-
/ neys for the state and defendant
| alternated until the closing address
\ by Blanton. Walter Tynen. assist
ant district attorney. followed Sim
mons. Nowlin Randolph then spoke
v for the defense and was followed by
James Hair. also an attorney for the
defense. Bernard Ladon. assistant
district attorney. followed Hair and
was followed by "A. s. West for the
defense. District Attorney Lamar
Seligson closed for the state and
Blanton followed.
Court Filled
The small court room was filled
to capacity during the arguments
the greater part Of the audience be-
ing composed of women who hung
breathlessly upon every word ut
tered by the attorneys. The crowd
was orderly and there was no dem
onstration.
Both sides rested at II o'clock In
the forenoon and attorneys having
been furnished with charge Of the
court studied II and returned 1t Ia
the court and adjournment was an
nounced until 80 in the afternoon
when the charge was read and ar
guments were begun.
DR.. c. NJ Gotham was recalled TO
the stand by the defense and cor
rected a mistake he had made In
testifying Thursday. DR.. Gotham
said he had answered a question
whether he thought Mckenzie
sanely realized that he was SEN
fenced to death for the murder OF
Street in the affirmative under a
misunderstanding of the question
Meant Just Opposite
He declared he intended to con-
vey just the opposite meaning and
that he did not believe Mckenzie
looked upon the sentence OF death
with the same understanding a
sane man would.
Capt. r. +. Harrell, warden OF the
penitentiary in Huntsville, said that
he saw Mckenzie every few day
and that he considered him sane
On cross-examination, Blantor
asked the warden how many mer
he had executed and the reply wa
None" Harrell said IL was hi
duty to officiate at executions wher
present, but that he had been II
office only 10 months and had par
ticipated in none.