¶1 FROM COOS CIRCUIT COURT.
Upon the inquiry as to the condition of Potter's mind, whether diseased or not, I think the evidence could not legally be confined to the day of the alleged assault. Evidence of his conduct on other occasions, before that time, tending to show the existence of delusions or other usual symptoms of mental disease, was clearly admissible. The only question is, whether making a false complaint that some person had attempted to poison him was relevant to that inquiry; and I think it was. It is understood to be a very common delusion, and so a very *554
common symptom of mental disease, for the patient to be possessed with a false belief, out of which he cannot be reasoned, that some person (oftentimes his best friend) entertains murderous designs against him, and that his life is in peril from their acts. I am of opinion the evidence should have been received, and that the verdict must be set aside.
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Case posture Posture The respondents were indicted for making a riot, and for a riotous assault upon one William H. Potter, of Berlin, N.H., July 12, 1875. Plea, not guilty, and trial before STANLEY, J., and a jury. The complainant Potter was a witness for the state, and testified, among other things, in substance, that on the day aforesaid, about sunset, he was travelling along the highway, near the Berlin mills boarding-house, when a crowd of men came out of the store and boarding-house into the road; that some one in the boarding-house called to him to go in that he did so, went up stairs, and sat down in one of the sleeping-rooms; that seeing the respondents Sheridan, Brown, and Kelley coming up the stairs towards him, and being frightened, he jumped out of the chamber window, about fourteen feet from the ground, and ran down across the field into the highway; that the crowd followed him, and shouted after him, calling him hard names; that he recognized all the respondents in the crowd; that stones were thrown at him by some of those in the crowd, one of which knocked his hat off; that he escaped by leaving the highway and going into the woods, where he remained till after dark; that after dark he started to go to Mr. Roscoe Mason's, where he boarded, by the highway aforesaid, leading past the Berlin mills boarding-house aforesaid, but that, in going through a piece of woods just before reaching said boarding-house, five or six men jumped out of the bushes yelling at him, and beat him upon the head so that he became senseless, and knew no more till some time in the night, when he remembered of lying on the ground near the bank of Androscoggin river; that he remained conscious a short time, and then knew no more until he found himself early the next morning at Mr. Wilson's barn, nearly half a mile distant from the place of the alleged assault, and about the same distance from the place at the river bank where he remembered he was lying in the night-time, as before stated; that among those who assaulted him he recognized the respondent Kelley by his voice; that he was struck several severe blows upon the head; that his shirt and one suspender were cut as if by a knife; that he was sick and confined to his room about three weeks in consequence of the assault. The complainant also stated that he had had trouble with the respondent Dolloff a short time before the alleged riot and assault;
that Dolloff had threatened to get up a crew and lug him out of town, and do other bodily harm to him; that the respondents Brown and Kelley were present at the time of those threats.
The respondents gave evidence tending to show that no riot occurred at the time and place alleged; that neither of them participated in any riot or any assault upon the said Potter, either at that time or afterwards. They also gave evidence tending to show that the complainant was not assaulted by anybody in the night-time, but that the insensible condition in which said Potter was found, and the injuries which he received, if any, were probably the result of his falling upon the ground in an attack of epilepsy, or an epileptic fit, to which it appeared he had for a long time been subject.
Dr. Wardwell, who saw the complainant at said Wilson's barn the next morning after the alleged riot and assault, and prescribed for him, was called as a witness by the respondents, and testified, among other things, that the complainant had been subject to epileptic fits, and he had treated him for that disorder in May, 1875; that he carefully examined the complainant's person the next morning after the alleged riot and assault, and found no signs of injury about him, except a very slight bruise on the side of his head, which might have been caused by his falling in a fit; that in his opinion the complainant was at the time suffering from an attack of epilepsy; that a person subject to that disease is liable to be affected more or less with insane delusions, and, when a fit is coming on, may run, jump, dance, sing, or do other queer things, and finally fall in a senseless condition, and may remain so for several hours; that he had observed the complainant's condition, and thought he was liable to odd freaks and fancies on account of said disorder.
As bearing on the question of the complainant's mental condition, and as affecting his credit before the jury, the respondents were allowed to put in evidence a letter conceded to have been written by the complainant, and sent to a sister of the respondent Dolloff the morning of the day of the alleged assault. And with the same view, the respondents also offered in evidence a complaint made by said Potter against the sister of the respondent Dolloff, on July 8, 1875, signed and sworn to by the complainant, charging her with attempting to take his life, sometime during the month of May preceding, by poisoning, and in connection therewith also offered to show that said Potter, at the time when he claimed the attempt to poison him was made, was suffering from an attack of epilepsy in a house half a mile or more distant from where the sister of said Dolloff was at work; and that she did not administer any poison to him during that time, or at any other time, or make any such attempt. But the court ruled out said evidence, and limited the respondents' evidence touching the mental condition of the complainant to the very day of said alleged riot and assault; to which the respondents excepted.
The counsel for the State were allowed to put in evidence to make out a prima facie case against the respondents, in their judgment, and
then to rest. The respondents' counsel claimed that the government should put in their whole case before resting, and that the evidence for the State in the close should be limited to what would be strictly rebutting testimony; but the court ruled otherwise, and after the respondents had testified, and their evidence was all in, allowed the State to put in evidence in chief, and not of a strictly rebutting character; to all which exception was taken.
The jury having found all the respondents guilty, they moved to set aside the verdict, and for a new trial by reason of alleged error in the foregoing ruling of the court. Source: CourtListener
