The Wolf Point herald. (Wolf Point, Mont.) 1913-1940, 1931-02-13

O1t A0S AtSa 1ts n POI
son cannot be tried, adjudged {
punishment or punished for a put
lie offense while he is insane"
In the section which follows, 70
214, the code provided when al
action is called for trial, or at an,
time during the trial, or when tn,
defendant is brought up for judg
ment on conviction, if a doub
arises as to the sanity of the de
PENDANT, the court must order tht
question as to his sanity to be sub
mitted to a jury, which must BIZ
drawn and selected as in Other
cases, and the trial of the pro
nouncing of the judgment must be
suspended until the question is de
termined by their verdict and the
trial jury may be discharged or re
tanned, according to the discretion
Of the court, during the tendency
of the issue of insanity.
County Attorney Clarence H
Roberts of Valley county filed il
district court before Judge John
Hurry at Glasgow Jan. 25 a motion
to submit the question of the san
ity of Mrs. Arnot to a jury under
terms of this statute, basing the
motion on an affidavit of John L..
Slattery. his co-counsel for the
state in the Arnot case, to the eff
feet that DR.. Mark D. Hoyt, pion-
e eastern Montana physician.
who has been attending Mrs. Ar
not since the death of her husband
had informed Slattery on Jan. 16,
1881, that the defendant, Mrs. Ar
not was insane on that date and
to the further effect that one Of
her counsel, Otis A. Hallett, had
made a similar declaration.
Judge Hurry Makes Ruling
Under the statute. this motion
could not be ruled upon until the
murder trial was called for hear
ing. At the opening of the case
Monday, Prosecutor Roberts asked
for a ruling and Judge Hurry de-
cided that there had been doubt
raised as to the sanity of the de-
PENDANT. Consequently, he ordered
a trial to proceed to determine her
The trial of the murder
charge was suspended pending the
outcome of the sanity investiga-
ton.
Under statutes in such a hear
ing, the defense opens the case
and sets up proof of insanity and
S followed by the state and both
nave an opportunity for rebuttal.
The state opens and the defense
arguments. In murder cases
iwo counsel on each side may
If the jury finds the defendant
'ane the trial must proceed on the
murder charge. If the jury finds
he defendant insane trial must be
suspended until he becomes sane
nd the prisoner must be commit
ed to the insane asylum. If the
becomes sane, then he
must be re-delivered to the sheriff
0 be brought TO trial or legally
discharged.
Many Witnesses
Twenty-Five witnesses for the
.efense have been sub-poenaed,
My seven of whom had testified
p to Wednesday night when the
curt adjourned for Lincoln-day
ecess until Friday. 1t is not
nown how many witnesses the
tate will have, but DIR. H. A. Boil
On, superintendent of the insane
ospital at Warm Springs, and DR..
.ichard P. Smith, Of the govern
lent hospital at Fort Harrison,
ave been subpoenaed and are in
tendance at the trial.
Witnesses for the defense who :
ave testified up to date include
IT. Mark D. Hoyt of Glasgow who
escribed Mrs. Arnot's condition
n the night of her husbands
cath and ~afterward, Miss Anna
lejsner of Havre, a registered
urse who attended Mrs. Arnot
uring the greater part OF the time
Dent in the hospital; Miss Doro-
~ Flom of Malta, who attended
[rs. Arnot at the hospital shortly
fter the tragedy, Dora Hovick,
1perintendent of nurses at the
and Mrs. John Foley of
ohnston, N. Oak, a cousin of Mrs
rnot.
Accepting the testimony of Mrs.
Obey will permit the Introduction
evidence of records of insane
in North Dakota, Arkan-
Is and Fergus Falls. Minnesota, J
show that two of Mrs. Arnot'5
sters were insane and confined
insane hospitals. These records
hen introduced will show that an
der sister. Mrs. Theresa Lynch,
as subject to recurrent attacks
insanity and that she had been
'mmitted to insane hospitals in
orth Dakota, Georgia and Arkan-
s. The record of another older
ster was introduced Wednesday
that this sister, Margaret
was in the Fergus Falls,