Show INSANITY TY MAY NAY BE D Of MRS EKMAN Woman Accused l of Child 1 Murder k May Never ever Fa Face e Jury 1 V r TRIAL WILL BEGIN NEXT MONDAY l HORNING ORNING If Deemed Insa e May Be Sent ent to to Asylum ii u Uh- Uh out DeIa J L e The lie t.- t. court will wn IY be next week i if Mrs Minnie Ekman was Wasl at theUn the tho lime Un e. e h m murdered r er d her bir e r daughter fa Frances Violet It II ca eare of age i t Salt Lake Lao Cit City on June 21 last Jast or orif orif if f she sho is insa insane e at this hi tl time e. e That That- one or or both of QC t ha questions will Will likely bo be raised wIs when n. n the tho cas caso against t tho the who ho is JS charged with in ia in th fir t de degree ree i is called ll d trial before J Judge a e P. P C. C Loofbourow Loof Loot next ext n morning is il ad- ad muted milted by per persons o rI interested int t r sted in the case caSc a That in insanity an would would-ba l cr plea pIca was a intimated RR st Fb her ber counsel when en an i affidavit it ii of w ios ty was filed DIed in i it was a M ea th that t the state t 8 stand nd tb the th exp lJ witnesses from rom roU otle e tes testo to te testify as to 10 hersam crIt cr It was le ned ot tUr r af afternoon rn on th that t since sinco tha- tha time tune has been visited at least least- v. v at tho the county jail by br al a local eal n who has made madea a a t study dy of be her condition His name is S withheld it is 19 understood that he will bo be by y tho the defense I From reliable it a a. source wa was as learned this that t n will willbo ill bo visited d by bv an in l Vp pert e t rin insanity either this tomorrow w and andt ft t t is kb i ti- ti Yit- Yit ness JOT the state Ai 4 4 Should it ue be tb the opinion of experts that Mrs hs Ekman was insane at the time that she murdered tl her elii child a crime crime which sho eno has admitted several I times it is is not likely that the trial the trial for lor I or I murder in the first de degree ee will proceed to an any great cat len length b. b as under tinder the tho laws lav I of Utah an insane person cannot b bo bc I convicted of ot a a public offense The question of sanity in in homicide cases has been pa passed sed on twice by the supreme court of oC Utah A peculiar co incidence in both those cases and that of Mrs Ekman ma may bo raised In both I cases it was waR claimed that the tho accused was insane from the rein uso use of intoxicating liquor according to statements made today witnesses will win be produced at the trial of oC Mrs Ekman who will testify that she sho had been beeD drinking drinkins on the day by of the murder and that she bc frequently frequent used intoxicating liquor Procedure Is Doubtful Should the question of or in bo bc 5 raised by either the state or th the de do Monday morning mornin the tho procedure i is somewhat in fn doubt It is tho the opinion of ot a number numb r of attorneys who have Q i looked into the tho law on the subject that thai L the co court must impanel a jury who must mist try tr the accused for insanity b be fore tho the real trial of murder in tho the first fint dc degree reo may proceed Other lawyers lawyer hold bold that if tho the question of oC sanity is raised the court may mav appoint a board of of examiners though the they admit that tho the law Jaw is is not clear on this point Should tho question of sanity be raised at the tho op opening of ot the tho trial tria it is believed belic to be bo tho the first time that this question has bas been raised at tho the open open- in inz of a murder trial in Utah In Tn both of tho cases pa od on by the the tho supreme court this question was nas raised later in tbt trial In Iii tho the opinion opinion of a number of at at- tornos torno's tho the question of sanity should be ral raised e at the vcr very outset of the tho case if it is is to bo 10 raised at all The Thor Thoy argue that thoro there is no use usa of oC tho the state tafe l beins ein put out ut to heavy Y expense of a jury which it is is believed will take from ten days davs days to two weeks weeks' as well as the cost o of summoning ug witnesses and other expenses if the question of sanity itS is is to be d awl and cui ean all bo O settled early carly during tho proceedings rho The crime of which Mrs Irl Ekman is iR accused is is alleged to have ha been com corn mitte in this city Juno Tuno 24 Just last Tho The body body- was discovered in in a trunk at tho union union depot at nt O Ogden den two days later and the woman and on-l C. C L. L a former husband wore were arrested and returned re reo re- re turned to Salt Lake Liko Cit City After bO being n held heM for several do days day's Anderson WIt was ns as tho the officers could t secir rio no evidence on which to connect him with the crime Later ho bo was arrested as asa asa a material witness and in default of ol 4 bail bRil has been boen in in the count county jail for nearly three e months Cases Have Havo Been Tested The Tho plea of insanity insanity- in homicide le cases caRes has hns been passed on twice b by the thu supreme court of 01 Utah Tho The first was ws that of the state a against Andrew Col Col- ton too Colton olton was convicted ted mur muir- der uler of Michael 1 Cullen n aud and was sen sen- lanced to h. death He Ito appealed to lo the court ou on the tho ground of error and that at nt tho timo time the tho crime was as committed ho lie and the limn had been drinking anti and that from tho thu effects meets of tho the drink ho bo w was R temporarily I e. e Tho opinion of tho the court which was wad writ written ton by bv Chief Justice Zano Zane and concurred in by Justice Bowman with Justice Henderson dissenting was KS handed down dOIn February 18 1888 Briefly Brief Brief- ly lv tho the court held that thai in in order to show insanity the of or the ovi- ovi deuce must be bo furnished b by the de de- Th The Tho ju ment of the lower court courtn n was N rl I rho Tho case rase was WM that of the state against Malachi chi W W. Dillon Dillon was 1198 1 charged with murder In iii tho the first firt do do- grop groo but the h jur jury r returned uD d a of ot voluntary manslaughter From this er verdict an appeal was taken to the su- su court on ot the tho ground of insanity m In that the defendant IDt wile was under influence of liquor at nt tho the time tIni tho the urine crime was committed In this case the 1 ourt court held that tho the burden of proof of insanity was upon the defendant and th that t it had hud not been proven by bv a D. pre pro of the evidence opinion opinion ion Jon ioni i f the supreme court was v written Chief Chic Jus Justice ice Zano and by W was S concurred con con- in by bj Justice Anderson with Justice Blackburn dissenting In Ina a It moro more recent case thou though h not of homicide the tho Question of i in was passed on by hy the tho supreme court This W was 8 tho the case of the state against Arthur Arthur Ar r. thur Brown Drown charged with forgery In Tn Inthis this thil ease case the court virtually lucId held that where there thero is is a reasonable doubt as ns asto asto to tho of the defendant an AU ex examination ami nation b by experts should be made if insane the defendant was incapable of committing a a rim |