Show DR PIKE ON THE STAND He Also Believes that the Defendant was Insane Dr Walter Pike of Piovo formerly In charge of the State insane asylum at that place was then placed upon the staid as an expert on insanity Dr Pike staled that nc had had twenty four years experience wIth insane patients pa-tients and has devoted much attention and study to thc question of insanity Dr Pike corroborated Dr Glvlnss testimony tes-timony in all the main points Judge Powers asking him the hypothetical question asked of Dr Givins Replying to the question Assuming now all the fads that I have stated to be true w hat do you say Is your opinion as to whether at Ira time Mills fired the fatal shots which killed OMelvcney he was sane or Insane1 unhesitatingly he I answered My opinion is I that he was insane Dr Pike was given a description descrip-tion of the lodging of the three balls in the bend of the deceased the length of time between each shot and asked as to whether 01 not it would be possible possi-ble for n nvin to speak between the first and second shol and ho replied that il would be possible but hardly 1 probable I Witness was subjected to a long classexaminationby Mr Putnam hut I the Usllmony given on the direct examination ex-amination was not fchakon POWER OF CONTROL GONE Q Would the evidence Indicate to your mind that after the shock of learning of his wifes Infidelity he was Hllll able to distinguish between right and wrong A Yes I believe he was able to distinguish between right and wrong but I believe his power of control con-trol was gone I would like to explain that a lltlle Conlrol Is an acquired faculty and II Is the result of about 000 years of civilization but In the natural man docs not lie very deep below be-low the veneer and there are conditions I where the control Is readily lost the natural being asserts itself and we know that mentally men differ In their power of control as widely as they do In physical or general appearance that a man who Is subject to disease and sickness loses the acquired part of his nature fIrst and it Is not si long slep back lo the natural l man and he will in that coiitlltlon do natural acts A man in I that t condition I might bo actuated actu-ated by a desire for revenge although it i would be hard to describe ll I In I that manner We can only allrlbulc re enge to the sane man HIge Q After the shock of learning of the wifes inlldelllj and going to Pocatello do you think his power of control was lost at that time A I think the man at that time was struggling with all the might that he had to control himself but that he was losing his control COULD NOT LONGER ENDURE I STRAIN Mr Putnam then recalled the facts that Mr Mills had written a bill of separation between himself and wife had made out his will and had gone t Provo to pursue his business and asked tins witness If there was anything which would be more Indicative of sanity san-ity I than that to which witness replied that It Indicated a largo amount of control to him that n man might hIll C control of himself In regard to business busi-ness matters and I yet not be sane on other subjects Asked as to when defendant de-fendant lost conlrol of his will witness said that he thought It was when he was at the bospilal and the suggestion won made lo him that his friend was Wf unlruu lo him thai I he hail then reached the t point where lie could not longer endure the lraln i I Witness I t s lllicd lhal even alniosl up to the lime tJlll Lll t deed was commuted I ho thought I defendant was capable of distinguishing distinguish-ing between right and wrong but was unable to control himself lhat tesll njony showed that witness was Impelled Im-pelled by an Impulse that he must not go to the Short Line building and the t-he could not control himself sufficiently lo keep I away Dr Pike said that ho buseo1 his opinion of Mr 1 i II I has insanity insan-ity nol on anyone feature of the cmie but of all the various features taken together Witness testified that he considered con-sidered Mr Mills at the lime of the man dangerous hooting a dangerous mln to himself his family or Mr OMel I veney and said he confined the dancer because within that circle I cer to these wihin crl trouble originated and his Insane the ollglnalfr acts would be confined to that circle Dr Pike described Mr Mills particular Plw bar case ns being that of melancholia J with 3 tendency to dementia |