CHAPTER VI

THE PUNISHMENT FOR CRIMINAL IMBECILES

In the foregoing chapters we have discussed the problem involved in these

murders from the standpoint of the law in order to show that even under

the law, as it now exists, such persons are not guilty of murder in the

first degree. In the present chapter, we propose to discuss the matter

from another standpoint and from a different angle. It is not now a

question of responsibility or of some kind of justice to be satisfied. Let

us face the practical question of what is to be done in these cases.

After all, what we want is protection for society. We cannot have innocent

people killed in accordance with the whim of the irresponsible. These

imbeciles have killed innocent members of society. What shall the living

do to prevent these particular persons from repeating the crime and to

prevent other imbeciles from ever committing such a crime? This, of

course, involves the whole problem of punishment or the treatment of the

wrongdoer. Upon one thing everybody is agreed--we must make it impossible

for these persons ever to do such a deed again. The surest way to

accomplish this is to destroy them. Dead men commit no crimes. Society

feels safe when a desperado is killed. If we can agree upon this solution,

the problem is easily solved and further discussion is unnecessary. But

society is not at one on this question. We are already seriously debating

the question whether any wrongdoer should ever be officially executed.

Indeed, many States have already decided that they should not be, and

imprisonment for life has replaced capital punishment.

It is somewhat difficult to draw a line of distinction between the persons

involved in these crimes and the so-called responsible murderers. It

certainly is no great loss to society if Tronson is put out of the way.

The same is true in varying degrees of Gianini and Pennington. It may be

very successfully argued that the matter of responsibility is a fiction

and that all persons should be treated alike, either all executed or none

executed. Nevertheless, at the present time, we do draw the distinction,

and many feel that the person who has full power over his action, who

knows the nature and quality and wrongfulness of his act, should be

executed, while those who do not know should not be executed.

If we take the latter view, the question still remains, What shall be done

with these criminal imbeciles? The alternative to capital punishment is

incarceration for life. Here at least we find a distinction between these

persons and the normal intelligent wrongdoers. Of all persons in the

world, the criminal imbecile should be placed in custody under conditions

that will forever make it impossible for him to repeat his offense. The

man who commits murder in a fit of insanity may recover from his insanity

and be a useful citizen for the rest of his life. The man who commits

murder under a strong impulse of anger or in calm meditation as the result

of perverted reasoning may recover normal reasoning and be a useful

citizen. This is not true of the imbecile. He will never recover; he will

never have more mind than he has now; he will never be free from the

danger of following the suggestion of some wicked person or of yielding to

his own inborn and uncontrolled impulses. It will never be safe for him to

be at large. This is so obvious that it is highly probable that the

imbecile once committed to life custody would never be released, and even

that there would never be any attempt at such release. When these facts

are understood, the public will undoubtedly be satisfied to have such

persons imprisoned for life or committed to an institution for mental

defectives, where they will be constantly guarded and prevented from doing

injury.

This was well brought out in the case of at least two of the persons

described in this book. In the case of Jean Gianini, the lawyer made

emphatically plain that there was no desire on the part of the defense to

procure the complete liberty of the defendant. John F. McIntyre, the

counsel, stated clearly to the jury that he had no desire except to save

the boy from the electric chair, a punishment which he considered unjust.

He even went so far as to state that if at any time in the future efforts

should be made to secure the release of this defendant from any

institution to which he might be committed, he himself would make as

strenuous an effort to have the boy kept in custody as he was now making

to save him from the electric chair. Apparently this made a deep

impression upon the jury and went a long way toward helping them to return

the verdict that they did. On the other hand, in the case of Roland

Pennington this point was not made so clear, and the jury and the

prosecution did not realize that the defense only wished to save the boy

from execution and would be quite content with a verdict that would

result in his being incarcerated for life. An institution for

feeble-minded would seem at first glance to be the logical place to which

such a person should be committed. But no one need seriously object to

commitment to a penitentiary or a state prison. Perhaps, in view of the

fact that an imbecile has committed crime, that he has, as one may say,

begun a habit in that direction, the state prison is the proper place for

him, because here he can be absolutely controlled and saved from any

future acts of this kind. This is precisely what happened in Tronson's

case.

We are learning in these days that the old adage, "An ounce of prevention

is worth a pound of cure," is something more than a witticism. These are

days of prevention--in medicine and in morals. The most important part of

our problem is yet to be discussed. It is true we must come to some

decision as to what is to be done with these persons who now infest

society and who, because of their imbecility which is unrecognized, may

become criminals. But vastly more important, because more far-reaching, is

the problem of how to prevent imbeciles from becoming criminals. We may

save the Gianinis and the Tronsons and the Penningtons from murdering any

more people, but how much better if we save them from killing anybody. No

one of these persons had, probably, any more instinct to kill than have

you or I. As children in years they were harmless and innocent. They could

have been cared for and led into paths of harmlessness if not of

usefulness. All of them could have been recognized as mental defectives

long before they arrived at the age when they committed crime. As dull and

backward children at school, they were at once suspicious characters.

Attention was called to them. Careful examination, such as is now

possible, would have revealed the fact that they were mental defectives

and as mental defectives were potential criminals. Then was the time that

they should have been carefully guarded and watched and saved from an

environment that would lead them to prey upon their fellows. If we wish to

save our teachers from the possibility of being murdered by their pupils

or our daughters from being killed by their wooers or business men from

being struck down by the blows of feeble-minded boys, we must be on the

watch for symptoms of feeble-mindedness in our school children. When such

symptoms are discovered, we must watch and guard such persons as carefully

as we do cases of leprosy or any other malignant disease. For fear that

some one should feel that these are rare and exceptional cases, let us

remind the reader that the best estimate and the result of the most

careful studies indicate that somewhere in the neighborhood of 50 per cent

of all criminals are feeble-minded. Whether this holds for murderers is

indeed not known. But many persons acquainted with feeble-mindedness

recognize from the newspaper descriptions of murders that many of the

murderers are feeble-minded.

These facts certainly warrant us in taking seriously the problem of the

feeble-minded and the criminal imbecile.

One thing more. Careful studies have shown beyond the peradventure of

doubt that at least two thirds of these mental defectives have inherited

their defect; in other words, that they belong to strains of the human

family whose intelligence lies below that which is required for the

performance of their duties as citizens. This points to a further

precaution necessary in looking toward the ultimate prevention of

feeble-mindedness and the solution of a large part of our prison problem,

and that is the prevention of the further propagation of this race of

defectives. If it is true--and there is every evidence that it is--that

children are daily being born of such a mentality that it requires the

attention and thought of an army of normal people to prevent their

growing up into criminal lives and that all of the best efforts can never

make them able to take their place in society as useful citizens, then it

certainly is our duty to see that such children are not born. How this is

to be accomplished has not yet been worked out in detail. The colonization

and segregation of all such people in institutions where they will not be

allowed to propagate is one solution that is proposed. The other is by

surgical interference, to render such people physically incapable of

propagating. Probably both these methods and still others must be utilized

to help solve this problem.

The intelligence of men is often measured by the amount of foresight that

they have. The little child has little or none, as is also true of men of

low intelligence. There are men who can look forward and plan their

affairs for a few months in the future, others who can look forward a few

years, still others a lifetime, and a few who can look forward into the

coming generations. We shall demonstrate a high degree of intelligence if

we look not only to the amelioration of present conditions in our

prisons--which _must_ be done; not only to the removal to more suitable

environment of those persons who are unjustly confined because of their

irresponsibility--which ought to be done; if we not only see to it that

from now on persons who come before the court, either juvenile or adult,

are first studied to discover whether they are mentally responsible or

not, which is of utmost importance; but if we go still farther and put

forth efforts to determine how many and which of the children who are in

the public schools to-day are mentally defective and therefore need care;

and going still farther, if we have studies made and laws passed that

shall, as soon as possible, lead to the reduction in the birthrate of

these mentally defective individuals. A certain amount of

feeble-mindedness we must expect to have with us for long years to come,

because there will be sporadic cases and cases due to accident. But

feeble-mindedness as related to crime may be exterminated in a few

generations if we will but use our intelligence to attack this problem at

its root.

APPENDIX A

GIANINI CASE

HYPOTHETICAL QUESTION PROPOUNDED BY THE DEFENSE

Assuming the following circumstances to have been established by the

evidence in this case:--

That the defendant was on the 5th of December, 1897, born in the City of

New York; that his father was Charles A. Gianini, who also was born in

said city, and the paternal grandfather of the defendant was born in the

said city and the paternal great-grandfather of the defendant was born on

the south slope of the Alps in the republic of Switzerland.

The defendant's mother was born in the City of New York, her maiden name

being Sara Cecelia McVey. That the defendant's mother was married to his

father when she was about twenty years of age; that prior or previous to

the said marriage she was bright, vivacious, stylish, and accomplished in

music; that shortly after her marriage she began to become untidy in her

appearance, morose, depressed, and indifferent.

At the time of the birth of the first child (Charles), to-wit, on the 13th

day of November, 1891, about eleven months after her marriage, she was

suffering from melancholia as the evidence in this case discloses.

Assuming that the child, Charles, lived to be but seven years of age and

during his lifetime did not learn to speak, but merely made guttural

sounds; that he did not walk, but moved about when seated on the floor,

pushing himself sidewise, and finally shortly before his death tottered

about. His death occurred when he was about seven years old. That he ate

gluttonously and his death was due to asphyxiation, choking due to taking

in trachea foreign matter while vomiting contents of an overloaded

stomach.

Assuming that after the birth of Charles his mother's melancholia

continued, she became indifferent to her child, took no care of him, and

said that while she wanted to die, she was going to live forever; that she

also said she thought that her face was black and that she was a negress,

that she would not go into the street because she was black.

Assuming, too, that she became addicted to the use of liquor, first lager

beer and subsequently whisky and brandy; that she made pledges,

administered by priests, only to be broken. That at times she would

brighten up, and during one of these periods, namely, July 12, 1894, a

second child, called Catherine, was born, which child still lives.

Assuming that thereafter she began to drink again more than before; that

for eight months preceding the birth of the defendant she was drunk a

great many times, that she was found in a drunken stupor, that she was

brought home in a drunken condition by detectives, on which occasion she

had with her her second child Catherine. That about six months before the

birth of this defendant his mother was drunk, that the seventh month

before the birth of this defendant she was drinking, and on one occasion

threw her husband's books out of the window on an adjoining roof, during a

rain storm. And in the eighth month before the defendant's birth she drank

and the same condition prevailed.

Assuming that from the June before the defendant was born, which was on

December 5, 1897, she was attended by Dr. Charles N. Weeks of New York

City, and he found her depressed, morose, and in a melancholic condition

most of the time, at times hysterical; that she would refuse to talk to

him, for one half a day at a time; that she would refuse to answer

questions, that she would pay no attention to questions, and that she was

also inclined to stare right past him; that she would weep; that she paid

no attention at all. At times the pupils of her eyes were dilated, at

times contracted, their expression at times was wild and sometimes vacant.

These conditions continued during the time Dr. Weeks was treating her. He

prescribed bromide for her liquor and the same condition continued after

the birth of the defendant.

The general appearance of the defendant's mother was untidy, and these

conditions remained unchanged after defendant's birth. That when born the

defendant was poorly nourished, under weight, weighed about five pounds,

and was inclined to be emaciated; that at the time of the death of the

first born (Charlie), to-wit, on the 21st day of March, 1899, she was

again observed by Dr. Weeks, and then she was absolutely indifferent as to

the conditions so far as the boy was concerned; showed no grief, and her

general condition was such as he described at the time he was treating

her.

And assuming that after the birth of the defendant he was a bottle-fed

baby, not nursed by his mother, and when about a year old placed in the

care of Mrs. Leigh, with whom he remained until he was about six years

old. That the defendant's mother died on June 3, 1899, in a Sanitarium,

known as St. Anne's Retreat in the City of New York, the cause of death

was meningitis, alcoholic heart failure.

Assume that up to the time the defendant was five years of age he didn't

speak, and made sounds which resembled yells. Assume that about 1906 or

1907 the defendant's father took him from Mrs. Leigh's, he was then able

to talk and walk, and for several weeks he was taken care of by Mrs.

Hoberg and from there was taken to Lady Cliff Academy on the Hudson, where

he remained for one term. While there he usually appeared dirty, but

seemed to be making some progress.

In 1907, assume when the defendant was ten years of age he went to live in

the Bronx, where he lived for two years and attended school during this

period. At one time he took two little girls to a piece of woods and

started to take their clothes off, and when asked why he did it, said he

was going to play Indian and that Indians were naked.

On one Sunday afternoon he was observed in a group of children eating mud

pies, and the children were calling him "Loonie" and were telling him to

eat another one.

During these two years that the defendant lived in the Bronx he was

observed to tease children. He would take a little boy's wagon and run

away with it. He would take his hat and throw it over a neighboring

fence. He would take the caps of girls and toss them over fences, pull

their curls, take away their hoops when they were rolling hoops, and take

the ball away when they were playing ball. He would do these things quite

often. On one afternoon he was brought home with a gash on his right

temple. It was bleeding and at least one inch in length. He stated that he

had received it from a fall from a stone wall while he was playing

"thief." On another occasion he chased a young girl who was stopping at

the house around the room with a table knife because she was trying to

correct him because he ran home from school without her. He did not

attempt anything against that girl again, although she remained in the

room the balance of the day.

In 1910 defendant's father moved from the Bronx, to Poland, and brought

the defendant with him, and the defendant attended the Poland School which

he entered in April of 1910, and there remained until February or March,

1913. After leaving school defendant worked in a knitting mill in Newport

from about the first half of April until the second half of May, 1913,

when he ran away and went to Ilion. At Ilion he was found working by his

father and Mr. Frank Newman wiping dishes in the hotel. He was then taken

home. In the middle of August, 1913, the defendant again ran away, this

time to Albany, and stated that while he was there he had been shot at two

or three times by a policeman and was arrested. From Albany the defendant

again went to Ilion, where his father and Frank Newman again found him at

the same hotel, and when he saw them, he said that they were "swindlers."

At another time the defendant ran away to Herkimer, in the summer of 1912,

and he stated that he had gone to the moving pictures. He said that he

went to the store, the Poland Union, and bought a can of beans and a bunch

of bananas for his trip to Herkimer. He left in the afternoon and did not

return until the following afternoon, when he said that he ate the bananas

going along the track before he ate the beans because he was afraid the

bananas would melt. He said he ate the beans at night, opening the can

with a nail, and ate them with a nail.

On another occasion in Poland he chased his sister with a table knife

although she had not done anything to him. In the summer of 1910 the

defendant was at Morehouseville, and one day while there he was fishing at

the stream that passes in front of the Mountain Home, when the flies and

the punkies were biting very fiercely. He stood down there in his bare

legs and bare head fishing and the flies biting him until the blood ran

down his face and neck and legs. He was fishing there for fully an hour,

and when asked if the flies had bothered him, he said "No."

In 1911, when the defendant's father's stepmother was in Poland, the

defendant was overheard to say to her, "Why didn't you marry my father, I

would like you better than this stepmother."

When the defendant was fifteen years of age, in the month of September,

1913, the defendant's father had him committed to the St. Vincent's

Industrial School for juvenile delinquency, presided over by Christian

Brothers, where he remained for about six months, coming home in February.

A few weeks before the commission of the alleged crime, he was observed to

be quarreling on Main Street in Poland with two very small children.

At the age of sixteen years, in the early part of March, 1914, the

defendant was noticed playing with a toy railroad car and building some

tracks with some little irregular pieces of wood. He was also observed to

play tag with children apparently from two to four years younger than

himself.

In the early part of 1912, the defendant's father observed that he was

practicing masturbation.

The defendant's father thereupon slept in the same room with him in order

to watch him. The defendant continued this practice until the time he left

home in the spring or summer of 1913 and admitted that he did it

frequently.

Assuming that on the 25th day of March, 1914, Mrs. Ethel Beecher and the

deceased Lida Beecher met the defendant at the Post Office in Poland, and

the defendant asked the deceased when she was coming to see his father,

and that she replied that she did not know, and the defendant said,

speaking impatiently, "Aw, I don't believe that you intend to come at all;

you will wait until the summer time and go home and then it will be too

late." That they spoke about school, and the deceased said to the

defendant that it would be better for him to wait until the beginning of

another term because he would be behind the other pupils in his work; that

on another occasion, on about the middle of February, 1914, the defendant

came on an errand to get yeast to the place where the deceased and Mrs.

Beecher were boarding and the defendant then said to them that he wanted

to get away from Poland, and would rather be in New York in the Great

White Way; that he thought he would like to act in moving pictures as he

did not like his home and he hated his father, and would not care to be a

"sod-buster"; that the deceased asked him whether he would like to return

to school, and he said that he would, but that his father would not let

him; that he never stole but once in his life and that was twenty-five

cents from a lady in New York, and she had given him twenty-five cents to

buy some candy and he bought the candy and ate it himself. On the same

visit the defendant asked Mrs. Ethel Beecher if there was a state prison

in Rochester, and she told him no; he wanted to know if there was not some

sort of a reform school there. She said that there used to be, but that

the reform school had removed to Industry, and he asked what the reform

school was like at Industry and she told him that the boys lived in

cottages under the care of a matron, a man and wife generally, and that

was as much as she knew about it. The defendant said he would like to be

there and asked her about the state prison at Auburn and different

prisons, what the sentence was and whether they had an electric chair or

whether they hung. The defendant told them that they worked awfully hard

at Sing Sing. The defendant also stated on that occasion that his father

used to thrash him for stealing apples that other men put him up to

stealing.

Assuming at the time Mrs. Ethel Beecher and the deceased and the defendant

were talking together, that the deceased told the defendant that she

thought he would like to go in the country to work on a farm and asked him

why he did not continue his school work another year; and that her tone

was kindly and her whole deportment towards him on that occasion was such

as to incline one to believe that she desired to help him and to well

advise him; and that the defendant's conversation concerning prisons and

industrial schools was such that it caused them to laugh, at the time; and

that on other occasions when the defendant was with the deceased her

conduct towards him was always kindly and that she was kindly and

generously disposed towards the defendant and showed considerable interest

in him.

Assuming that on the 27th day of March, 1914, at about quarter after seven

the defendant was observed on the street in Poland with some children,

with whom he had been seen at different times playing hide and seek and

tag and I spy, and that he caught hold of the toque of one of the little

girls and pulled it down over her face and that he poked another one of

the little girls in the back and that he called a girl by the name of

Grace Palmer, "Palmer House," and said, "Leonard is the proprietor, isn't

he?" and kept calling her Palmer House, and that he was snowballing the

girls, and that while he was engaged the deceased passed him on the street

and said, "Hello, Jean," and that he then joined her and shortly

afterwards was seen to come back with the deceased, going up the road

towards Buck Hill. That later in the same evening, at about ten minutes to

eight, he returned home, showing no trace of excitement or nervousness,

and that he received some books of wall paper to be delivered to a

neighbor and that he took these books and threw them so that they fell

with a noise on a neighbor's veranda and was seen running near the

railroad station and later returned home in the vicinity of eight o'clock,

showing no trace of any agitation, excitement, or nervousness. That he

took off his shoes, put on a pair of slippers, went to bed, and slept

quietly all night. That on the following morning he reported for work at

Sam Hutchinson's as usual, worked for about twenty minutes doing his

chores, ate his breakfast, and nothing unusual was observed about him.

Assuming further that he was seen going along the railroad track in the

direction of Newport; that he met two men, one by the name of Smith, and

that he shouted, "Hello, Smithy"; that later he was spoken to by a man

named Sweet at Newport on the railroad track about four miles from Poland,

and that when Sweet caught up to him and asked him where he was going, he

said to Herkimer to see a moving picture show; that he had stolen a dollar

from his father; that he accompanied Sweet to Autenrith's store and while

there the murder of the deceased was talked about in his presence and that

he ate peanuts and smoked a cigarette and asked where they had found the

body and stated that he had gone to school to her; and subsequently was

taken back to Poland by one Frank Newman, and thereafter was turned over

to the Sheriff of Herkimer County and one of his deputies.

Assuming that on the 26th day of March he asked an acquaintance by the

name of Morris Howe, a boy of fifteen years, if the deceased came to get

her mail nights, and said that he would get even with her; that on

Tuesday, March 24th, he told a man by the name of Estes Compo, with whom

he was working, that the deceased had tried to send him to school and that

if he had a revolver he would kill her, and asked this same man if he had

read of a murder down South, of a colored man killing a white girl and

laying it on the superintendent of a factory and that the man was

sentenced to the chair and the colored man confessed the crime; that on

the preceding night he had been in Compo's room, where he saw a revolver

and a knife, and on the following day he said if he had a revolver, he

would kill the deceased; that about a week before the 27th day of March,

while defendant was working for Sam Hutchinson, he told a boy he would

some day put an end to the deceased.

Assuming that between the hours of seven and eight o'clock on the night of

March 27th, 1914, Miss Beecher was killed at a dark and lonely spot on the

Buck Hill road and that she had come to her death by being struck on the

head with a monkey wrench and had been cut repeatedly to the extent of

about 24 times with a knife in various parts of the body and that she was

dragged from the place where she was killed to a clump of willows near the

road and that her umbrella and hat were found the following morning in the

road and that by following the track where her body had been dragged over

the snow the body of the deceased was found.

And assuming that on the morning of the 28th day when the defendant was

brought to Poland he was taken to a house of a Justice of the Peace and

was taken into a room by the Deputy Sheriff and told that he was

suspected and was accused of being a party to the crime. That after he was

completely stripped of his clothing he stated to the Deputy Sheriff that

he had gone to school to the deceased and had trouble with her at school

and wanted revenge and that he had met her the day before near the Post

Office and asked her to go up to his house and see his folks about having

him go to school again, and that the deceased told him that she would go

the next night. That the next night he did meet her near the hotel and she

said that she was ready to go up. They walked up the street, and when they

got near his father's house, the defendant told her that his father did

not live there, that they had moved up the hill, that he then stated in

detail how he committed the crime and disposed of the body and what he did

with the wrench and the knife. That he said, "You would not think any one

could do a job as quick as that." He said he supposed they would talk

insanity, but he was not any more insane than the Deputy Sheriff was, and

he did not want them to talk about it.

He also said, "Gillette got the chair, didn't he?" and upon the Deputy

Sheriff replying, "Yes," the defendant said, "He had no reason to kill the

girl, but I did; I wanted revenge."

That at the same time the defendant signed a sworn statement before the

Justice of the Peace, in which he stated that he went to school to Lida

Beecher, and had trouble with her and wanted revenge; that he was not

afraid, and when he got home, he was just as happy as he ever was, and did

not think anything about it, as he thought he had revenge; that at the

time he made these statements he was cool and quiet and spoke connectedly;

that he was not nervous or excited.

Assuming that the defendant had not attended the Poland school since

February or March, 1913, and that while there he had studied under the

deceased for about one year, and that during this period the only

punishment he had received from the deceased was a seat facing the wall

with his back towards the other pupils, and was occasionally sent upstairs

to the Professor of the school for punishment. And that the deceased had

always manifested a friendly interest in him, was mild, kind, gentle, and

good to him.

And further assume that when he left school, he was in the sixth grade.

Assume that he had frequently been detected in telling lies, that he had

spoken of hatred of his father, that he manifested no affection towards

him, referring to his father as "Old Man" and "Him." That on the morning

of the 28th when he was being brought back to Poland by Newman, Newman

stated to him, "You have got something beside skipping out now staring you

in the face," to which he replied, "They can't give me but ten years"; he

used no words, when informed it might be a long time, that expressed fear

or fright; and when he was informed that he had murder staring him in the

face, he acted no different than ordinary.

That less than a year before the birth of Charles, the first child, the

defendant's mother suffered from an attack of diphtheria, for which she

was treated by Dr. Quinlan.

Further assume that in the summer of 1910, at Morehouseville, while

quarreling with a little boy named Arthur Jones, the defendant said he

would go up to his father's room and get his hunting knife and kill him.

That while the defendant was at St. Vincent's Industrial School for

juvenile delinquency, at work in the laundry, he told Mr. Minor that if

his father didn't get him out in February, he would burn his father's

buildings when he got out.

Now, doctor, assuming all these facts to have been proven in this case,

from your experience in the treatment of and knowledge of imbeciles and

idiots, from your skill and expert knowledge, can you express an opinion

concerning the mental condition of Jean Gianini at the time of the killing

of Lida Beecher, on the 27th day of March, 1914?

By Mr. Thomas: If the Court please, I object to the question as improper

in form and that it concludes with assuming all these facts to have been

proven in this case, and that it is not an inquiry which can be properly

permitted to be put to the witness here. That, in addition, it does not

correctly state the evidence, and that especially this part of the

question is improper--"That she showed no grief, and her general condition

was such as he described at the time he was treating her," referring to

Dr. Weeks, and further it assumes incorrectly the time that the defendant

encountered Miss Beecher, near the Post Office on the 27th day of March,

1914, which is stated here to be about a quarter after seven.

By Mr. Hirsch: What time do you say it was, Mr. Thomas?

By Mr. Thomas: The proof varies from seven to seven six. And it is

incorrect in assuming facts not established upon the evidence, that he cut

her repeatedly to the extent of about twenty-four times with a knife; and

in those respects to which I have called your Honor's attention, the

question is improper, in that it assumes facts not proven, that it is

improper in form, and the concluding paragraph, with reference to which I

have called your Honor's attention, is improper and incompetent; and that

the question is incompetent in that it does not call upon the witness to

express an opinion as to the knowledge of the defendant of right and

wrong, or his knowledge of the nature and quality of the act in killing

the deceased.

By Mr. McIntyre: That is a question, if your Honor please, which was

passed upon yesterday.

By the Court: I suppose it is preliminary to some extent, as far as this

information is concerned.

By Mr. McIntyre: It is precisely the same as yesterday, but the question

has had some additions.

By the Court: Was that indicated by the last part of it?

By Mr. McIntyre: Yes, sir.

By Mr. Thomas: He should be asked, "Can you now form an opinion assuming

all these facts?"...

_Q._ Now, Doctor, assuming all these facts contained in the hypothetical

question to have been established by evidence in this case, from your

experience in the treatment and knowledge of imbeciles and idiots, from

your knowledge and skill as an expert, can you express an opinion as to

the condition of Jean Gianini at the time of the killing of Lida Beecher

on the 27th day of March, 1914?

Same objection

By the Court: Objection overruled. He may answer.

_A._ I can.

_Q._ What is your opinion?

Same objection.

By the Court: I think it should conform now to the language of the

statute, shouldn't it?

By Mr. McIntyre: Well, I have, your Honor; I first asked him if he could

express that opinion. Now if he doesn't express an opinion that comes

within the provisions within the statute, why then of course his opinion

is incompetent in this case. Now let's look at the code. Will you give me

the section, please?

The Criminal Imbecile: An Analysis of Three Remarkable Murder Cases · 第 6 / 7 章