Iowa Old Press
[Sioux County Herald, Orange City, IA, March 1, 1899]
DISTRICT COURT:
--When the band stops playing and the tooters take off their uniforms
they become just ordinary mortals. It is something the same way with
courts, although the majesty of the law is not on dress parade before
the public. With the close of the Blood case people - or the most of
them - resumed their usual avocations, and up at the court room there
has been a rather empty routine gone through with, as compared with the
exciting incidents of last week. To particularize, one Shirk of Hawarden
complained in due form that Mrs. Shirk was shirking her duty, or not
shirking it, or doing something else incompatible with the statute in
such case made and provided. Mrs. Shirk denied, talked back so
emphatically that the complaint was withdrawn, and now brings suit in
her own behalf for divorce and alimony.
--The following named were made citizens of the United States:
P.H. Haarsma
Jno. P. Haarsma
Servatzius May
J. Brower
Klass De Groot
C. Van Deelen
Andrew Iverson
A. Van Gelder
Jan L. De Groot
Jess Westegard
J. Mantel
--Attorneys Hatley and Van Oosterhout are reading today the lengthy
depositions in the Kamber case and will hardly conclude before night.
Next in order is the county printing suit of W.W. Overholser vs the
Volksvriend.
Arie Niemantsverdriet, aged 82 years, died at his home in Orange City
Sunday night from old age. Deceased was one of the oldest pioneers of
Sioux County, coming here in 1871 and acquiring large property
interests. He leaves three children, two of whom Mrs. C. Maris and P.G.
Niemantsverdriet reside in this county, another son at St. Coud, Minn.,
and his step-son H. Slikkerveer of this city. The funeral was held from
the First Reformed church at 2 p.m. yesterday and was attended by a
large concourse of friends and relatives, who attested by their presence
their respect. Rev. Kolyn officiated.
Hawarden Independent
Sioux County, Iowa
March 2, 1899
MRS. BLOOD IS DISCHARGED
Adjudged Insane and Can Not be Tried
for the Murder of Her Husband.
When the Doctors Testify to This the County
Attorney Wisely Drops the Case Against Her
The trial of Mrs. Alice A. Blood for the murder of her husband, George
A. Blood, last November, a full account of which appeared in the county
press at that time, came up for hearing before Judge Hutchinson at
Orange City last Wednesday afternoon. Two days were occupied in opening
the case and selecting the jury, when, on motion of the state's
attorney, the frail woman was discharged on the ground of insanity. The
Sioux County Herald issued an extra containing a full account of the
proceedings, from which we excerpt the leading features:
About 3 o'clock in the afternoon of Wednesday, just after the Herald had
announced the verdict in the Mosher case, strong attendants were seen
bearing a muffled figure up the stairs in the rear of the court room.
They brought their burden into the presence of the court - as the law
demands - it was the wasted form of Alice A. Blood, charged with the
murder of her husband at Hull Nov. 16, 1898. A mattress had been placed
directly in front of the judge's desk and upon it the prisoner was
placed. There she remains during the progress of the issues that have
already been joined between the state and the accused. Once in a while
Mrs. Jones, who has come from Vermont to attend the trial of her
daughter, tenderly lifts the slight figure to a sitting position and
places her in a big rocker that stands by the side of the couch, but the
most of the time Mrs. Blood is either asleep or in a state of
indifferent unconsciousness. The writer has watched her face for hours
in the court room and not seen a variation of expression or the movement
of a muscle.
Mrs. Blood, by her attorneys, G. T. Hatley and C. A. Irwin, pleaded not
guilty. The court assigned John E. Orr to assist District Attorney P. D.
Van Oosterhout in the prosecution.
The work of securing a jury was at once entered upon. District Attorney
Van Oosterhout went very minutely into the business and social relations
of each man in the box. The prospective juror was asked his age and
residence, if he were married and attended church, had he ever been
interested in any case in which insanity was the issue, did he know
Doctors DeBey, Plumb, Coad, McBride or Owens? These doctors have been
summoned by the defense as expert witnesses. The juror was also asked if
the fact that the accused was a woman would bias him in rendering a just
verdict, if he had any conscientious scruples against rendering a
verdict of capital punishment, or life imprisonment, where the evidence
would justify it; if he knew the witnesses for the defense; if he traded
at Hull; if he read the newspaper account of the killing; if he had
talked about the killing; and, finally, if he had a fixed opinion such
as would require evidence to remove. If so, a challenge for cause
resulted and was usually granted. The district attorney has a bland and
almost cordial way of attacking the prejudices of a would-be juror.
There isn't the least suspicion of the browbeating tactics that used to
be considered essential to the successful lawyer, but the truth is
usually arrived at without diminishing good nature in any quarter.
Mr. Hatley had few questions to ask. After a witness had been passed by
the state for cause, counsel for the defense asked: "Have you any
conscientious scruples as to the defense of self defense, to the defense
of insanity, or the law of reasonable doubt? If accepted as a juror
could you, and would you, give that little woman as fair a trial as you
would ask for your own mother, or for yourself, if you were in her
place?"
Provided the answers to these interrogatories were satisfactory the
juror was usually accepted.
Friday a little tilt took place between the counsel for the defense and
the judge. The state asked the court for an order from the court giving
Dr. Mead, Dr. Cram and Dr. Huizenga permission to examine Mrs. Blood in
presence of the family physician, Dr. Owens. Mr. Irwin strenuously
objected on account of Mrs. Blood's condition, contending that the state
had had three months in which to examine her. Mr. Irwin interposed very
strongly and wished to be heard. Judge Hutchinson began: "Let the record
show that permission is given these physicians to see Mrs. Blood," when
Mr. Irwin said: "We don't consent to it."
The Court - "But the court consents."
Mr. Irwin - "But the court can't consent, the constitution forbids it."
The Court - "The court has consented, and will take care of the
constitution. Adjourn court, Mr. Sheriff."
Friday afternoon the jury was complete and the twelve men good and true,
stood up and took the oath to justly try Alice A. Blood for the murder
of her husband. The jury, as it stood, was as follows: P. Schnee, of
Floyd; P. Austin, of Sioux; W. J. Meyer, of Floyd; Wm. Wiersma, of
Welcome; John Carter, of Reading; John Hoefler, of Floyd; John Brink, of
Nassau; M. Johnson, of Center; L. Noethe, of Nassau; J. H. Schilmoeller,
of East Orange; Jonas Klein, of Rock; C. Tillema, of Floyd.
The defense moved that witnesses be excluded from the court room until
after they had testified, expecting to keep out the experts. The state
resisted the motion and the court overruled it. Exception of defense.
The court room at this time was packed to suffocation. People were
jammed and wedged in the aisles and the attorneys found it impossible to
move about or do business, while the air was insufferable. Judge
Hutchinson finally called Chairman Dealy of the board of supervisors to
him and explained that business of any kind was impossible and that he
was going to order the sheriff to provide the town hall. Chairman Dealy
agreed with the necessity, and a recess was taken to 5 o'clock.
IN THE TOWN HALL
At 5:15 p.m., in the town hall, Judge Hutchinson recommenced court and
called for the opening statement of the state. County Attorney P. D. Van
Oosterhout arose and said:
"Gentlemen of the jury: At the beginning of this case I wish to read to
you the indictment upon which it is brought. Upon this indictment we are
here to try Alice A. Blood for the murder of her husband George Blood.
The case is an important one. There have been, I am glad to say, few
murder trials in Sioux county and I feel myself inadequate for this
duty, but I am here to perform it. After all it is as much your case as
it is mine and, the people of Sioux county, whose servants you and I
are, expect us to do our whole duty. The offense charged is murder in
the first degree, punishable by capital punishment or life imprisonment.
In the first case it is incumbent on the state to show premeditation,
which malice aforethought. Murder in the second degree is punishable by
imprisonment, as in manslaughter. I think that we will be able to show
you beyond any doubt that Mrs. Blood, on November 16th, 1898, did kill
her husband deliberately, without excuse, and with malice aforethought.
But, gentlemen of the jury, I suppose the defense in this case will be
self defense and insanity. I am satisfied, however, you will not find
that Mrs. Blood was compelled to shoot her husband to save her own life.
Insanity is a large and difficult question and is, after all, a question
of being sick. You must give it careful attention, and it will be for
you to determine whether they have shown a case of insanity. The law of
insanity is that responsibility is annulled when a person does not know
the consequence of his own act, or does not know what he or she was
doing. The burden is on the defendant to prove to you that she was
insane. We may pity the criminal but we must detest the crime. I believe
you will do this and look this matter fairly in the face. I believe that
you will find that on November 16th, last, this woman took a revolver in
her hand and, without a moment's warning, launched into eternity her
husband, the father of her children."
Mr. Van Oosterhout spoke about ten minutes, rapidly and with great
earnestness.
C. A. Irwin is well known to the bar and the people of Sioux county. He
made the opening statement for the defense. Mr. Irwin said:
"Gentlemen of the jury: I beg you to note that the defendant, on trial
for her life, only wishes justice at your hands. The state has an
interest in this case because it must punish crime. I protest in the
name of that justice which the county attorney invokes against his
arguing this cause, in his opening statement. The defense in this case
does not ask for sympathy. It will show that for 22 years Alice A. Blood
was a martyr to the damnable cruelty of her husband, whose favorite
epithet was an oath and whose ordinary caress was a kick. She was
patient and enduring, but had the misfortune to belong to a family of
mental and nervous diseases. We expect, gentlemen of the jury, to show
that on both sides of the family, as attested by nearly twenty examples
that Mrs. Blood inherited a mental disease, appearing prominently about
two years ago, and which on November 16th, last, had overthrown her
reason. We shall show that defendant was the victim of excessive cruelty
so persistent that the mind gave way under the strain. The husband often
called her a G-d b-h, threw swill and sour milk at her, who gave him
naught in return but kindness. She might not use a good buggy and when
Blood found her doing so he horse-whipped her. The human mind may be
compared to a beam of steel. Its strength depends upon its character and
the pressure put upon it. A sound mind in a sound body will stand more
pressure than a diseased mind or a diseased body. Between the ages of 40
and 50 women undergo peculiar physiological changes which render them
particularly susceptible to mental diseases, and the books show that the
great majority of cases of this kind occur within that period. Mrs.
Blood was 43 years old and just at the age most susceptible to disease.
About the age of 41, the health of this woman began to give way. She
complained of headache, along with bodily disease, the cruelty of her
husband was intensified, who had no more sympathy with her than he would
have for a dying dog. Years ago, in that house where occurred the awful
tragedy of November 16, another great grief came to the family. One day
Oscar and one of the little babes were playing and the baby's dress
caught fire and she burned to death. The inhuman husband often told this
defendant that she had set a trap to kill her child. Again and again he
said 'G-d-n it, somebody has got to die in this family and I don't
propose to die alone.' This treatment, inhuman and cruel, went on until
the wife became sick and a physician was called. He looked at the wasted
form, prescribed a drug, and then called the husband aside and said,
'George, this is a case where kind words will do more good than anything
else.' On November 15th she walked to and fro, with hands upon her head,
crying to her daughter, 'I don't know what I'll do.' And on the fatal
morning, after Blood got up, she went to the side of the bed, knelt down
and asked God what her duty was. She thought she got an answer and the
inspiration was - death. No one knows what happened - somehow the
children were in the kitchen - and the deed was done. She was a
religious woman, with a life above reproach, and enduring his kicks and
scoffs and reproaches all the time until her mind gave way. Insanity is
a symptom of a diseased mind. We shall show that Mrs. Blood's disease
was paretic dementia - a form of insanity, not necessarily violent, but
one where the patient feels herself irresistibly compelled to do some
act."
Mr. Irwin spoke at some length, elaborating the theory of the defense in
great detail and with great earnestness and eloquence. He began at 5:30
on Friday, closing at 10:35 a.m. Saturday.
The Court - "Proceed."
Mr. Van Oosterhout - "Your honor, please, the record is now made up and
I wish to call the court's attention to the statute which says that
whenever there is a question of insanity, the court may order an
investigation. This is the only question before the court, if we lay
aside the brutal allegations of counsel touching the life of Blood, who
is dead and in his grave, whose lips are sealed and who cannot answer
the aspersions upon his character. I don't want to try a woman who is
insane or on the verge of the grave. I think further proceedings ought
to be stopped and a special jury called to try her sanity. If this woman
was afflicted Nov. 16, last, with paretic dementia, she is worse today
than ever. If this woman is insane is it not necessary that she be sent
to an asylum? She has shown dangerous proclivities, has shot her
husband, and should not be allowed to remain at large. It is a momentous
question we are about to decide. If she is insane we ought to have a
jury to determine if she can go on with this case." The county attorney
read at length from the statute and reports the law bearing upon the
question. "I move, then," said Mr. Van Oosterhout, "that further
proceedings be suspended and a jury impaneled to pass upon the question
of her sanity."
The defense, by Mr. Irwin, objected and was about to submit argument
when the court interposed that the motion was overruled.
Recess of 10 minutes taken.
Attorney John E. Orr, for the state, after brief examination of Doctors
Mead, De Bey and Cram, then moved the court to dismiss in a neat
address, recounting the difficulties under which the prosecution had
labored. The court granted the motion.
The decision to dismiss was reached after a report by the experts for
the state, Dr. Mead, of the Yankton asylum, and Dr. Cram, of Sheldon,
that the prisoner was afflicted with locomotor ataxia, which had
extended to the brain and rendered her mentally irresponsible. Under
such a situation, to proceed farther was useless, or worse than useless.
The county attorney, whose conduct of the case thus far had been no less
than masterly and had elicited the warmest praise from the eminent
counsel opposed, did not wish to prolong the matter at the expense to
the county of several hundred dollars per day, and, after the
examination of one or two experts, dismissed.
Thus ends a notable and unfortunate chapter in the annals of the
district court of Sioux county. It is to be hoped that the irresponsible
condition of Mrs. Blood will prompt her friends to take such measures as
may prevent a repetition of last November's tragedy, which shocked even
the enemies of the deceased man.
SCHOOL NOTES.
Boy enters school tardy.
Teacher - John, why are you late?
Boy - I thought I would not come without breakfast this morning.
Teacher - Do you ever come without breakfast?
Boy - Yes, ma'am, quite often.
Query - Who is responsible for John's tardiness?
Three rooms report no tardies for the month of February.
Several of the normal students have been before the county
superintendent, recently, for examination: Minnie Blunt, Amelia Fanning,
Minnie Smith, Fannie Wintersteen.
The normal has another button from the Junior News - look on the
lapel of Vernie Welch's coat. Merit wins.
Rooms 1 and 2 united for a Washington program on Wednesday last.
The children performed their parts well. A goodly number of visitors
were present.
Attendance on Monday was light in several of the rooms, owing to
the snow storm.
We are on the second half of this school year. Parents would do
well to look into the condition of their children's work; now, while
school is in session, and not wait until the promotion card goes home
with the unfortunate intelligence - Billy or Sally was not advanced.
Then it will be too late to investigate the work with the hope of
restoration.
Pupils, bring this question to your parents and ask them to visit
your room and listen to your recitations.
ROLL OF HONOR FOR FEBRUARY.
NORMAL ROOM. - Eula Bader, Nellie Maxwell, Ed Everhart, Bess Downing,
Edith Bennett, Satie Wood, Vernie Welch, Howard Greiner, Hattie Crane,
Marie Jacobe, Clara Tilgner, Roy Burket, John Burket, Nettie Eastman,
Myrrh Fosburg, Fred Rowley, Lillian Johnson, Leta Kellogg, Alpha Lake,
Caddie Crane, Maggie Jacobe, Harry Watt, Frank Miller, Jamie Mullaney,
Bessie Maxwell, Emily Gosline, Alphonso Gamble, Flora Gosline, Everett
Hamilton, Louisa Openheimer, James Green, Grace Brunskill, Carry Claney,
Willie Wood, Fred Wood, Dot Seguin, Julia Gehan, Irene Harding, George
Sedgwick, Robert Smith, Roy Wooster, Fannie Wintersteen, Joanna Downs,
Nettie Carden, Milton Leffert, Lester Briggle, Anfen Richardson, Fred
Smith, Mabel Green, Walter Hacket, J.H. Leyson. Tardy, 1.
ROOM 8. - Catherine Finch, teacher. Eunice Ashmore, Guy Burket, Louis
Dick, Lee Finch, Leslie French, Minnie Johnson, Elsie Nylen, Jessie
Stowe, Arthur Tilgner, James Wintersteen, Mable Wood, Arthur Storrs,
Gertie Brunskill, Ora Crosser, Helen Finch, Lizzie Finley, Willie
Griffin, Lester Kellogg, Merle Stone, Ralph Sutliff, Essa Wightman, Guy
Wood, Lee Harvey, Frank Flanders. Tardy, 5.
ROOM 7. - Sylvia Smith, teacher. Frank Mullaney, Hiram Herter, Raymond
Roby, Harry Leland, Max Finch, Harry Rowley, Scott Thornton, Ralph
Bader, Gretchen Tilgner, Lottie Tilgner, Myra Leffert, Lyle Fosgate,
Ethel Holden. Tardy, 4.
ROOM 6. - Mignon Downing, teacher. Roy Hedden, Ray Tanton, Arthur
Thornton, John Brower, Fred Brower, Claude Dick, Albert Wheeler, Willie
Maucher, Alice Wintersteen, Laura Morrison, Maggie Rummel, Ella Paul,
Nannie Gearhart. Tardy, 1.
ROOM 5. - Jennie Christmas, teacher. Madge Davis, Franc McUmber,
Florence Wheeler, Herbert Meeter, Harry Waite, Stentz Whitaker, Elroy
Johnson, Rea Griffin, Ira Klinefelter, Ralph Griffin, Robbie Heales.
Tardy, 0.
ROOM 4. - Elsie A. Orcutt, teacher. Gena Orcutt, Olive Hitchcock, Jessie
McKinnon, Don McCullough, Wesley McCullough, Robert Nolan, Willie Kroh,
Lynn Heales, Harry Mullen, Rex Gardner, Albert Crane, Earl Meeter, Verne
Ball, Emery Scranton. Tardy, 5.
ROOM 3. - Marie Ross, teacher. Bennie Jacobe, Louis Fleshman, Carl Earl,
Lottie Smith, Opal Stone, Grace Wood, Inez Lynn, Emma Rummel, Nellie
Bryan, Verna Harlan, Alice Jacobe. Tardy, 0.
ROOM 2. - Musa Ross, teacher. John Van Dyke, James Gehan, Albert Paul,
Arthur Keniston, Ralph Payne, Bertie Haines, Warren Noble, Rex Mullen,
Tom Gefke, Lulu Stock?on, Alma Anderson, Hazel Kent, Jennie Woodard,
Cora Lentz. Tardy, 0.
ROOM. - Mabel L. Hatch, teacher. Emma Gefke, Lottie Leary, Max Gardner,
Robert Fleshman, Leon McCullough. Tardy, 3.
ROOM A. - Lilla Jenson, teacher. Clifford Bryan, Q. Quigley, Edward
Kent, Johnny Martin, Lila Herter, Isabelle Jacobe, Mabel Kroh, Lloyd
Ball, Fred Gefke, Harold Nash, Lawrence Lynn, Ella Fleshman, Hazel
Tilgner. Tardy, 6.
NORTH SIDE SCHOOL
ROOM 1. - Eunice Horton, teacher. Max West, Elwin Wheeler, Albert Van
Zandt, Clark Everhart, Johnnie Luchsinger, Hazel Moniger, Lavon
Richards. Tardy, 6.
ROOM 2. - Anna Smith, teacher. Edgar Fosgate, Ben Gosline, Pearl
Moniger, Hazel Richards, Irene Davis, Nellie Clifford, Mamie Clifford,
Jessie Huggins, Carrie Smith, Gertrude Everhart, Harold Wooster, Marie
Granger, Edith Walters. Tardy, 10.
Hull Index newspaper
Sioux County, Iowa
Friday, March 3, 1899
The Blood Murder Case
As we went to press last week the jury in the Blood case had been
secured and at 5 p.m. the trial proper began. Its sudden abrupt ending
caused a feeling of relief to pass over this community. Had it continued
through the week a detailed account would have been given. The brevity
of the case has caused no little comment but we believe the county
attorney did the proper thing. It would have been better had he not
allowed it to proceed as far as it did and thus saved a large amount of
expense to the county. His action however, in giving it up as he did,
will in no way discredit him or his ability as prosecuting attorney. We
clip the following account of the opening of the case from the Orange
City Herald.
County Attorney P.D. Van Oosterhout's opening remarks were as follows:
Gentlemen of the jury:
"At the beginning of this case I wish to read to you the indictment upon
which it is brought. Upon this indictment we are here to try Alice A.
Blood for the murder of her husband George Blood. The case is an
important one. There have been, I am glad to say, few murder trials in
Sioux county and I feel myself inadequate for this duty but I am here to
perform it. After all it is as much your case as it is mine, and the
people of Sioux County, whose servants you and I are, expect us to do
our whole duty. The offense charged is murder in the first degree,
punishable by capital punishment or life imprisonment. In the first case
it is incumbent on the state to show premeditation, with malice
aforethought. Murder in the second degree is punishable by imprisonment,
as is manslaughter. I think that we will be able to show you beyond any
doubt that Mrs. Blood, on November 16th of 1898, did kill her husband,
deliberately, without excuse, and with malice aforethought. But,
gentlemen of the jury, I suppose the defense in this case will be self
defense and insanity. I am satisfied however you will not find that Mrs.
Blood was compelled to shoot her husband to save her own life. Insanity
is a large and difficult question and is, after all, a question of being
sick. You must give it careful attention and it will be for you to
determine whether they have shown a case of insanity. The law of
insanity is that responsibility is annulled when a person does not know
the consequences of his own act, or does not know what he or she was
doing. The burden is on the defendant to prove to you that she was
insane. I do not know Mrs. Blood and have no animosity, nor have you,
but you must do your duty, gentlemen of the jury. We may pity the
criminal but we must detest the crime. I believe you will do this and
look this matter fairly in the face. I believe that you will find that
on Nov. 16 last this woman took a revolver in her hand and without a
moments warning launched into eternity, her husband, the father of her
children." Mr. Van Oosterhout spoke about ten minutes, rapidly and with
great earnestness.
C.A. Irwin is well known to the bar and the people of Sioux county. He
made the opening statement for the defense.
Mr Irwin said, "Gentlemen of the jury: I beg you to note that the
defendant, on trial for her life, only wishes justice at your hands. The
state has an interest in this case because it must punish crime. I
protest in the name of that justice which the county attorney invokes
against his arguing this cause in his opening statement. The defense in
this case does not ask for sympathy. It will show that for 22 years
Alice A. Blood was a martyr to the damnable cruelty of her husband,
whose favorite epithet was an oath and whose ordinary caress was a kick.
She was patient and enduring, but had the misfortune to belong to a
family of mental and nervous diseases. We expect, gentlemen of the jury,
to show that on both sides of the family, as attested by nearly twenty
examples, that Mrs. Blood inherited a mental disease, appearing
prominently about two years ago, and which on Nov. 16 last had
overthrown her reason. We shall show that defendant was the victim of
excessive cruelty, so persistent that the mind gave way under the
strain. The husband often called her a _____ ______ _____, threw swill
and sour milk at her, who gave him naught in return but kindness. She
might not use a good buggy and when Blood found her doing so he
horse-whipped her. The human mind may be compared to a beam of steal.
Its strength depends upon its character and the pressure put upon it. A
sound mind in a sound body will stand more pressure than a diseased mind
or a diseased body. Between the ages of 40 and 50 women undergo peculiar
physiological changes which render them particularly susceptible to
mental diseases, and the books show that the great majority of cases of
this kind occur within that period. Mrs. blood was 43 years old and just
at the age most susceptible to disease.
An own sister became insane thirteen years ago and has since that time
lost her mind and labored under delusions, talking about building
hospitals when she never owned $400 in yer life. A cousin died insane, a
second cousin committed suicide and another killed her baby. But these
are only circumstances, showing the facts as they existed on November 16
last. About the age of 41 the health of this woman began to give way.
She complained of headache, and along with bodily disease, the cruelty
of her husband was intensified, who had no more sympathy with her than
he would have for a dying dog. One instance would prey upon the mind of
a naturally sensitive woman. Years ago, in that house where occurred the
awful tragedy of Nov. 16, another great grief came to the family. For
one day Oscar and one of the little babes were playing and the baby's
dress caught fire and she burned to death. The inhuman husband often
told this defendant that she had set a trap to kill her child. Again and
again he said "_____ _____ ___, somebody has got to die in this family
and I don't propose to die alone." This treatment, inhuman and cruel,
went on until the wife became sick and a physician was called. He looked
at the wasted form, prescribed a drug, and then called the husband aside
and said, "George, this is a case where kind words will do more than
anything else." On Nov. 15th she walked to and fro with hands upon her
head, crying to her daughter, "I don't know what I'll do." And on that
fatal morning, after Blood got up, she went to the side of the bed,
knelt down and asked God what her duty was. She thought she got an
answer and the inspiration was --death. No one knows what happened
--somehow the children were in the kitchen-- a shot was fired-- and then
another-- and the deed was done. She was a religious woman, with a life
above reproach, and endured his kicks and scoffs and reproaches all the
time until her mind gave way. Another thing -- the very act was an
insane one. For after the killing --five minutes after-- she tho't she
heard George groan and went back and fired the second shot to end his
suffering and then staggered to her bed, tossing back and forth, crying.
"George, why did you make it necessary?" Insanity is a symptom of a
diseased mind.
We shall show show that Mrs. Blood's disease was paretic dementia, a
form of insanity, not necessarily violent, but one where the patient
feels herself irresistibly compelled to some act." Mr. Irwin spoke at
some length, elaborating the theory of the defense in great detail and
with great earnestness and eloquence. He began at 5:30 on Friday,
closing at 10;35 Saturday.
Mr. Van Oosterhout -- "Your honor, please, the record is now made up and
I wish to call the court's attention to the statute which says that,
whenever there is a question of insanity, the court may order an
investigation. This is the only question before the court, if we lay
aside the brutal allegations of counsel touching the life of Blood who
is dead and in his grave, whose lips are sealed and who cannot answer
the aspersions upon his character. I don't want to try a woman who is
insane or on the verge of the grave. I think further proceedings on this
indictment ought to be stopped and a special jury called to try her
sanity. If this woman was afflicted Nov. 16 last with paretic dementia
she is worse today than ever, for the disease is a progressive one. If
this woman is insane, is it not necessary that she be sent to an asylum?
She has shown dangerous proclivities, has shot her husband and should
not be allowed to remain at large. It is a momentous question we are to
decide. If she is insane, we ought to have a jury to determine if she
can go on with this case." The county attorney read at length from the
statute and reports the law bearing upon the question. "I move then,"
said Mr. Van Oosterhout "that further proceedings be suspended and a
jury impaneled to pass upon the question of her sanity."
The defense by Mr. Irwin objects and was about to submit argument when
the court interposed that the motion was overruled.
Recess of ten minute taken.
Attorney John E Orr for the state, after brief examination of Drs. Mead,
DeBey and Cram, then moved the court to dismiss in a neat address,
recounting the difficulties under which the prosecution had labored. The
court granted the motion.