TRIAL OF ALICE A. BLOOD
For the Murder of her Husband, George Blood at Hull, November 16th.
Defendant Lies Upon a Mattress in Court, Evidently in a Sate of Stupor.
Unconscious of her Surroundings, she Sleeps While the Story of the Tragedy is Being Told.
Hatley & Irwin are Making a Hard Fight for the Woman's Life.
District Attorney Van Oosterhout is Conducting the Prosecution with Skill.
A Croud of Witnesses Surround the Court Room.
DISMISSED!
Mrs. Blood is Insane, and County Attorney Drops the Case.
Last night in obedience to the order of the court, Drs. Mead and Cram, experts for the state, made a critical examination into the condition of Mrs. Blood. They went into the matter thoroughly and after an exhaustive examination reported to counsel of state, Mrssrs. Van Oosterhout and Orr, 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 repition of last November's tragedy, which shocked even the enemies of the deceased man.
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. Is she crazy? Time only will tell, orthe jury will tell, for the doctors cannot. Nearly a half score of them are here and some will find for the state and some for the defense. The court room is at all times crowded.
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 summond 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, in case 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. Each side has ten peremptory challenges. 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 brow-beating 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 asks,- "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.
SELECTION OF JURY
H.O. Rickolfs of Reading township is a farmer who has been living near Ireton seven years and is unmarried. Passed for cause by state and defense.
Peter Schnee is also a farmer 37 years old and who has been living in Sioux county twenty-three years. Widower. Passed for cause.
John Moeller of Plato was a farmer who had fixed opinions and was excused.
Henry Van Pelt succeeded Mr. Moeller in the box. He is a well known Orange City business man but served on a jury last year and the state challenged for cause. Defense resists and the court holds that he may serve.
Peter Austin lives in Sioux township on a farm, is 41 years old and has lived in Sioux county twenty-four years.
THURSDAY'S PROCEEDINGS.
W.J. Meyer lives three miles west of Hospers and has been living in Sioux county thirteen years. Thought he could try the case fairly and was passed.
Wm. Wiersma is a Welcome township farmer. 33 years old and married. Had no particular bias.
John Brink lives at Carnes and is engaged in lumber business for Slagle & Co. Had read about the case but proved to be eligible.
J.B. Foppe is a merchant of Rock Valley, 48 years old. Came there from Tennessee and had been engaged in merchandise twenty-nine years. Knew George Blood during his life time and had business relations with him at times. Had a fixed opinion and was excused.
Albert Bowen lives in Buncombe township and is 36 years old, has been in Sioux county twelve years and came here from Ill. Passed for cause by state and defense.
Henry Meylink is now in the merchandise business at Carmel and has been there two years - is 47 years old and has lived in Sioux county since 1872. Didn't know much about the [c]ase and state passed him for cause.
Wm. H. Hospers of Orange City was excused on the ground of holding an opinion.
J.C. Reed is a stock buyer of Hawarden, 50 years old and has lived there fourteen years. Came from Sac county and was born in Pennsylvania. Passed.
John Hoefler has been for nine years a Floyd township farmer and was formerly a merchant in Kansas. He trades in Granville and was passed by the state.
John Carter of Ireton is a machinist, 40 years old and has lived in Sioux county sixteen years. Examined by state and passed.
The state now passes the panel for cause and the defense questions juror Meylink as to his qualifications. The fact was elicited that he did not read English very well and had conversed quite freely upon the case. So the Court excused him.
Mr. M. Johnson was then called. He is a Center township farmer who has been living ten years in Sioux county and came here from Illinois. Postoffice Ireton. He was passed.
The state used its first peremptory challenge and excused juror H. Van Pelt.
N. Wassenaar is 36 years old, married and has lived in Sioux Center four years and five years in county. Had read about the case but the state thought he could give accused a fair trial and passed him.
Defense used its first peremptory challenge and excused Mr. Wassenaar.
C.P. Baily called - lives at Ireton and has been running a mill there for seven years. Married and came from Black Hawk county. Passed by both sides.
Defense at this time offers to accept the whole panel.
State excuses Mr. Albert Howen.
Albert Druger, being called, states that he is a temaster, lives at Alton and has been in Sioux county thirteen years. Came here from Illinois. Passed.
Defense waives its second peremptory and Mr. Van Oosterhout excused Mr. Reed.
L. Noethe was called. He is a farmer of Nassau township, 29 years old and has lived in Sioux county sixteen years. Came here from Dubuque and was passed.
Defense waives third peremptory and state for fourth excuses Mr. Ricklofs.
Leslie Lowell was called. He is a married man 30 years old and has lived eight years in Sioux county up in Sioux township. Was born in New York and lived for some time in Beadle county, S.D. Passed for cause. Defense again waives and the state excuses Mr. Lowell, thereby exhausting its fifth peremptory.
A. Roos was sworn and testified to the fact that he was a married man, 42 years old, had been seventeen years in Sioux county and lived on farm 2 miles west of Hospers. Passed by state. Defendant for its fifth peremptory excused Mr. Roos.
James Thomas lives at Rock Valley, is 28 years old and been five years in Sioux county. Had a fixed opinion and after some discussion the court excused him.
T.J. Brown is the hotel keeper up at Boyden and swore he was 38 years old, married and had been a resident of Sioux county for 14 years. Passed. The state then excused Mr. Bailey.
C. Tillema lives 2-1/2 miles west of Hospers on a farm. He is 51 years old, has been fourteen years in Sioux county and came here from Illinois. Passed.
Defendant excused Mr. Brown.
N.A. Fink is 54 years old, according to his testimony, eight of which have been spent in Sioux county. He is a Rock Valley grain dealer and had a fixed opinion. After considerable sparring by the attorneys the court asked Mr. Fink a question and excused him.
Wm. Wandschneider lives on a farm in Grant township near Sheldon. He is 41 years old and has been here nine of them. Thought he could try the case fairly and was challenged by the state peremptorily.
FRIDAY FORENOON.
W.B. Swafford has been six years deputy postmaster at Hull, is 25 years old and married. He was a lieutenant in Co. E. of the Hull volunteers and spent the summer in the southern camps. Knows the parties, was excused because of opinions which would require evidence to remove.
C.N. Sawyer was called. He is 40 years old, married and has been for some time on the editorial staff of the Sioux Center Free Press. Once lived near Hull, had an opinion and was excused.
E. Te Paske, 37 years old, and has lived in Sioux county seventeen years, is a blacksmith and married. Has talked some about the case. State passes for cause but the defense elicits some bias and the juror was excused.
George Rogers, jr., lives near Ireton and is a farmer, not married. He is 22 years old and has only been two years in Sioux county. Mr. Rogers thought that because defendant was a woman he should be inclined to favor her and was dismissed.
J.H. Schilmoeller was called. He has been fifteen years in Sioux county and lives on a farm two miles from Granville. He came here from Dubuque and was passed.
Defense says it wil then accept panel and the state uses up its eighth peremptory challenge in excusing Mr. Druger.
J. Van de Griend of Holland township was called. He is 48 years old, has been in Sioux county 16 years and came from Cook county, Ill. State passes and defense, after some questions which elicit an opinion, challenges for cause.
The state then asks 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.
J. Van der Griend excused for cause. Had an opinion.
J.C. Eulberg was called. The judge remarked that there would evidently be more jurors needed and ordered that ten additional be drawn from the body of the county. Mr. Eulberg is 28 years and is married, has lived in Sioux county one and one-half years at this time but came here with his father's family in '86 from Jackson county. Is now farming in Floyd township. Had an opinion on the case and was challenged by the state for cause. Defense resists but the court excused him.
Jonas Klein is 42 years old and lives in Rock Valley. Has been in Sioux county fourteen years, coming from Illinois and is a farmer. Married - Knew George Blood for fourteen years - his farm used to be near Rock Valley. Had a fixed and unqualified opinion and the state challenged for cause. Defense resists and endeavored to show that Mr. Klein could, after all, render true verdict - which he thought would be pretty hard to do. Thereupon Mr. Van Oosterhout unexpectedly waived their challenge, accepting the juror.
Defendant asks Mr. Wiersma, one of the jurors, if he had not at one time remarked that Mrs. Blood ought to be hung. He replied no but the defense used its eighth peremptory in excusing him, then offering to take him back provided the state accepted the entire panel. This the state did, 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 stands is as follows:
P. Schnee, Floyd township.
P. Austin, Sioux township.
W.J. Meyer, Floyd township.
Wm. Wiersma, Welcome township.
Jno. Carter, Reading township.
Jno. Hoefler, Floyd township.
Jno. Brink, Nassau township.
M. Johnson, Center township.
L. Noethe, Nassau township.
J.H. Schilmoeller, East Orange township.
Jonas Klein, Rock township.
C. Tillema, Floyd township.
At the request of the state the court then ordered that the jury be kept together and placed bailiff Walraven in charge and the jury given opportunity to arrange with their friends to send word home. Defense moves court that witnesses be excluded from court room until after they have testified, expecting to keep out the experts. The state resists 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 malace 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 annuled 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.
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