[The Gilded Age Part 7. by Mark Twain and Charles Dudley Warner]@TWC D-Link bookThe Gilded Age Part 7. CHAPTER LV 22/23
I am surprised at it, even after the extraordinary speech of my learned friend." "How do you propose to connect it, Mr.Braham ?" asked the judge. "If it please the court," said Mr.Braham, rising impressively, "your Honor has permitted the prosecution, and I have submitted without a word; to go into the most extraordinary testimony to establish a motive.
Are we to be shut out from showing that the motive attributed to us could not by reason of certain mental conditions exist? I purpose, may, it please your Honor, to show the cause and the origin of an aberration of mind, to follow it up, with other like evidence, connecting it with the very moment of the homicide, showing a condition of the intellect, of the prisoner that precludes responsibility." "The State must insist upon its objections," said the District Attorney. "The purpose evidently is to open the door to a mass of irrelevant testimony, the object of which is to produce an effect upon the jury your Honor well understands." "Perhaps," suggested the judge, "the court ought to hear the testimony, and exclude it afterwards, if it is irrelevant." "Will your honor hear argument on that!" "Certainly." And argument his honor did hear, or pretend to, for two whole days, from all the counsel in turn, in the course of which the lawyers read contradictory decisions enough to perfectly establish both sides, from volume after volume, whole libraries in fact, until no mortal man could say what the rules were.
The question of insanity in all its legal aspects was of course drawn into the discussion, and its application affirmed and denied.
The case was felt to turn upon the admission or rejection of this evidence.
It was a sort of test trial of strength between the lawyers.
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