Fiend
“Robinson insisted that the boy was insane, as demonstrated by his “acts and declarations” not only during the commission of the crime but after it as well. The defense therefore had the right, within reasonable limits, to introduce evidence of his client’s subsequent behavior. In the present case, however, the admission of such evidence had been treated not as “a matter of right,” but as “a matter within the absolute discretion of the court.” And the court, Robinson argued, had adopted limitati...ons that were “too restrictive.”Robinson, for example, had wanted to call George B. Munroe, an officer of the county jail, to testify to Pomeroy’s conduct while awaiting the start of the trial. The court, however, had “excluded this testimony, as relating to a time too long after the homicide to be material.” Moreover, Robinson claimed that certain medical witnesses had not been allowed to be fully heard.Attorney General Train’s answer was, in substance, that no presumption of insanity could arise by proving subsequent insanity; that the defense alienists had arrived at their conclusions by examining the defendant more than three months after the crime, whereas the question submitted to the jury was whether the defendant was of sound mind at the time of the homicide; that the “limitation of time within which the testimony was to be confined”MoreLess
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