Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-12-28

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court room Nance Belden saw
him, and from behind the bars
- of the prisoners dock waved to
him and called cheerily: Hello,
Stevel"
"Silence-youl" the baflif warned
her.
Nance made a face at him; then,
observing Stephen lay finger to lip In
a warning gesture, she tossed her head,
Judge a cold and defiant stare.
The bailif opened the door Of the
prisoners dock and beckoned to her.
Nance Belden," the judge queried,
"have you anything to say as to why
sentence should not be pronounced
upon you?"
"I've got a mouthpiece," the girl
retorted. ASK himl"
From a chair beside the counsels'
table young man arose. May 1t
please the court, the public defender
has withdrawn from this case and I
am now counsel for the defendant. My
anne is David Tyrrell. I am reliably
informed, your honor, that, follow
ing fair and impartial trial. this de-
PENDANT has been convicted Of the
crime of which she stands accused
and is now before the court for SEN
tence"
"Mr. Tyrrell, your client is now
under suspended sentence from the
Superior Court for the crime of grand
theft. She was there sentenced to two
years in San Quentin Penitentiary, but
paroled for two years. Less than two
months have passed since she was pa
rolled, and today she stands before the
court for sentence under charge Of
petit larceny. The defendant evidently
is incorrigible, and intende to remand
her to the Superior Court for commit
ment under the old charge of grand
theft" --.
II thank your honor. have been
retained in this apparently hopeless
| case for the purpose of adducing a
sound reason why this defendant should
be neither sentenced under the present
charge nor remanded to the Superior
Court for commitment under sentence
for the former crime. To that end,
your honor, I ask leave to present an
expert witness to testify to the mental
responsibility of my client.
"One moment, please, Mr.. Tyrrell.
Your action would be merely wasting
your time and that of the court.
shall remand the prisoner Immediately
to the Superior Court, with request
to the fudge thereof that her case be
taken up Immediately. I sentence this
prisoner to 90 days in the county
Jail, but the sentence will be suspended
during her good behavior for one year
from date. A bailif will conduct you,
your expert witness and the defendant
at once to department No. of the
Superior Court, and will immedi-
ately telephone to the judge and re-
quest that he listen to your expert
witness"
AS they entered the Superior Court,
the Judge glanced at document which
evidently had reached him from the
police magistrates court. "Mr. Tyrrell.
understand you desire to present
some expert testimony in an effort
to prove the mental responsibility Of
this defendant, Nance Belden. I may
state that have already been in tele-
phonic communication with DR.. Blethen
and have had complete report from
him on this case. You may proceed,
however, to present your side Of 1t.
Who is your witneSs?"
"Dr. Stephen Burt, your honor" ana
Tyrrell indicated Stephen.
II know all about DR.. Bur-" the
judge said PLEASANTLY. IT had him
in my court year ago as an expert
witness in the matter of the Carter
will case" He nodded to Stephen.
"This court is very much interested
in getting at the facts in this case
and it is obliged to you for your vol
untary attendance. What is your pro-
fessional opinion Of this girls men
tality?"
at have not had a fair opportu-
nifty to study her, your honor" Stephen
replied, "hence am not in a position
to give the court more than a snap
decision"
Have long have you studied her?"
About 80 minutes" your honor
"H'm-m-m! DR.. Blethen examined
her on three different occasions, his
examinations embodying a total of
about six hours time"
with all due Difference to my dis
tinguished colleague" Stephen replied
with his singularly charming smile,
six hours Is not usually considered
more than suff1cient time to form an
approximate opinion, which suisse
quent investigations may set at vari-
ance. If this girl were to become