Evening star. [volume] (Washington, D.C.) 1854-1972, 1957-12-18
A Free Man

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Kenneth II. Gunther, convicted Of
rape in 1858, is q free man today. Per-
haps 1t would be more accurate to say
that he is at liberty on his personal bond
awaiting ANAL action on a Govern
ment appeal from ruling dismissing
the rape indictment. The important
question. however. is whether Kenneth
Gunther should be free at all.
This is an unusual and interesting
case. In 1852, Gunther advertised for q
secretary and raped a woman who
answered the advertisement. At the time
there was considerable doubt as to his
sanity. Two psychiatrists said he was Of
unsound mind and the United. States
Attorneys ONCE proposed that the crim-
inal charge be dropped and that Gun
ther be, committed to q mental institu-
ton. After stay at st. Elizabeths, 1t
was decided to try the man and the
hospital certified that he was mentally
competent to stand trial. During the
trial one Government psychiatrist. testi-
flying as a defense witness, said he
thought Gunther was Of unsound mind
at the time he examined him (this was
prior to confinement at the hospital) but
that he could not say what his mental
condition was at the time of the crime.
second pSychiatrist also testified he
could not express an opinion as to Gun
theirs mental condition when the rape
was committed He said, however, that
psychiatristS at st. Elizabeths thought
Gunther might have been feigning in
sanity when he was sent to that insti-
tuition. This doctor also testified that
military service records indicated that
Gunther had feigned insanity to escape.
prison sentence for going AWOL while
In the Army.
The jury returned a guilty verdict
and Gunther appealed. In what has been
called Landmark" decision, the Court
of Appeals. in July, 1854, reversed the
conviction. 1t said certiflcation from
st. Elizabeths Of mental competency to
stand trial was not enough; that the
trial judge should also find this to be q
fact. The then United States Attorney
Leo Rover asked the full appellate court
to review this ruling, asserting that 1t
was one of several which might "open
unsupported avenues OF escape from
punishment to the malingerer." This
request was refused: another trial
Judge found Gunther mentally COM
petent to stand trial, and he again
appealed. The appellate court. in
February, 1886, reversed this finding.
It said that Gunther's new lawyer,
appointed on the day Of the hearing,
had not had time to prepare his case,
and that the prosecution had improperly
called Gunther's lawyer as a witness ON
the question Of mental competence.
The lower court then decided to set
aside. the original conviction and hold
new trial, which was scheduled for
october. 1856. Gunther again claimed he
was not mentally competent to stand
trial. He was committed once more to
st. Elizabeths, and the doctors there
agreed that he was not competent. So
he was ordered held. In December. 1856,
he filed a writ demanding that he be re-
leased, but this was refused by the court.
He appealed from this decision. Three
months ago, while this appeal was pend
ing. he filed another writ seeking his
release. This was granted, and he was
ordered to stand trial for the 1852 rape
on December l7-yesterday. On Deem
Der IL, however, his lawyer asked that
the rape indictment be dismissed on the
ground that Gunther had been deprived
Of his constitutional right to a speedy
trial. District Judge Tamm said that he
would grant this request because Of "the
peculiar and unusual circumstances Of
this case and the apparent variance be-
tween what the Court of Appeals has
directed to be done and what was actu-
ally done In this (District) court" Judge
Tamm delayed dismissal Of the indict-
ment, however, so the Government could
again seek a test Of Gunther's sanity,
with view to having him recommitted
to the hospital. This test was made Sun
day. One psychiatrist gave Gunther an
OK, saying he was not dangerous to
himself or others. A second doctor said
Gunther's judgment appears good, al
though he admits tendency toward
quick hostility and impulsive behavior"
This meant that he could not be sent
back to st. Elizabeths.
So Kenneth Gunther, who was plead
ing mental incompetence to stand trial
as recently as last year, and who appar-
emily was Of unsound mind in 1852, goes
free. In view of the complicated back
ground OF this case we would not pre-
tend to know whether, as matter OF
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