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The Gilded Age, Part 7. by Charles Dudley Warner;Mark Twain
page 10 of 83 (12%)
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. At the end the judge decided to admit the
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