The Blood Murder Case
As we went to press last week the jury in the Blood case had been secured and at 5 p.m. the trial proper began. Its sudden abrupt ending caused a feeling of relief to pass over this community. Had it continued through the week a detailed account would have been given. The bervity of the case has caused no little comment but we believe the county attorney did the proper thing. It would have been better had he not allowed it to proceed as far as it did and thus saved a large amount of expense to the county. His action however, in giving it up as he did, will in no way discredit him or his ability as prosecuting attorney. We clip the following account of the opening of the case from the Orange City Herald.
County Attorney P.D. Van Oosterhout's opening remarks were as follows:
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, with malice aforethought. Murder in the second degree is punishable by imprisonment, as is manslaughter. I think that we will be able to show you beyond any doubt that Mrs. Blood, on November 16th of 1898, did kill her husband, deliberately, without excuse, and with malice aforethought. But, gentlement 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 consequences 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. I do not know Mrs. Blood and have no animosity, nor have you, but you must do your duty, gentlemen of the jury. 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 Nov. 16 last this woman took a revolver in her hand and without a moments warning launched into eterniy, 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 Nov. 16 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 _____ ______ _____, 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 steal. 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.
An own sister became insane thirteen years ago and has since that time lost her mind and labored under delusions, talking about building hospitals when she never owned $400 in yer life. A cousin died insane, a second cousin committed suicide and another killed her baby. But these are only circumstances, showing the facts as they existed on November 16 last. About the age of 41 the health of this woman began to give way. She conplained of headache, and 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. One instance would prey upon the mind of a naturally sensitive woman. Years ago, in that house where occurred the awful tragedy of Nov. 16, another great grief came to the family. For 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 "_____ _____ ___, 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 than anything else." On Nov. 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 that 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-- a shot was fired-- and then another-- and the deed was done. She was a religious woman, with a life above reproach, and endured his kicks and scoffs and reproaches all the time until her mind gave way. Another thing -- the very act was an insane one. For after the killing --five minutes after-- she tho't she heard George groan and went back and fired the second shot to end his suffering and then staggerek to her bed, tossing back and forth, crying. "George, why did you make it necessary?" Insanity is a symptom of a diseased mind.
We shall show show that Mrs. Blood's disease was paretic dementia, a form of insanity, not necessarily violent, but one where the patient feels herself irrisistibly compellek to 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 Saturday.
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 on this indictment 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, for the disease is a progressive one. 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 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 objects and was about to submit argument when the court interposed that the motion was overruled.
Recess of ten minute taken.
Attorney John E Orr for the state, after brief examination of Drs. Mead, DeBey 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.
If you would like more information,
please contact Randy Lane
The banner below has been added by the website host, and does not reflect any promotion by the author of these pages.
