Viewing page 139 of 234

This transcription has been completed. Contact us with corrections.

4

He had often known Young Doswell to be in this condition; that at such times, he always endeavored not to cross him in any way; that he always knew when these turns were upon him by a general paleness of his features, with a reddish spot upon each side of his face, accompanied with a peculiar expression of his eye. He further stated that he was in this condition the morning he killed Lewis, and that when he observed it he avoided having any words with him.

The foregoing is in substance, the evidence which was adduced in proof of insanity. I have given it in full actuated by a desire to do injustice to no one. It will be observed that no Physician was called as a witness in the case. Had the accused been previously considered insane it would seem that it would have been a fact at least within the knowledge of the family Physician, whose testimony, under the circumstances, must have been very weighty, and even entirely convincing. In any event it would seem that a medical practitioner should have been called to pronounce upon the facts as adduced in evidence, as to whether or not they were sufficient, in his judgment, to establish the plea of insanity. This was not done. The fact of the killing without