Assuming that from the June before the defendant was born, which was on December 5, 1897, she was attended by Dr. Charles N. Weeks of New York City, and he found her depressed, morose, and in a melancholic condition most of the time, at times hysterical; that she would refuse to talk to him, for one half a day at a time; that she would refuse to answer questions, that she would pay no attention to questions, and that she was also inclined to stare right past him; that she would weep; that she paid no attention at all. At times the pupils of her eyes were dilated, at times contracted, their expression at times was wild and sometimes vacant. These conditions continued during the time Dr. Weeks was treating her. He prescribed bromide for her liquor and the same condition continued after the birth of the defendant.
The general appearance of the defendant’s mother was untidy, and these conditions remained unchanged after defendant’s birth. That when born the defendant was poorly nourished, under weight, weighed about five pounds, and was inclined to be emaciated; that at the time of the death of the first born (Charlie), to-wit, on the 21st day of March, 1899, she was again observed by Dr. Weeks, and then she was absolutely indifferent as to the conditions so far as the boy was concerned; showed no grief, and her general condition was such as he described at the time he was treating her.
And assuming that after the birth of the defendant he was a bottle-fed baby, not nursed by his mother, and when about a year old placed in the care of Mrs. Leigh, with whom he remained until he was about six years old. That the defendant’s mother died on June 3, 1899, in a Sanitarium, known as St. Anne’s Retreat in the City of New York, the cause of death was meningitis, alcoholic heart failure.
Assume that up to the time the defendant was five years of age he didn’t speak, and made sounds which resembled yells. Assume that about 1906 or 1907 the defendant’s father took him from Mrs. Leigh’s, he was then able to talk and walk, and for several weeks he was taken care of by Mrs. Hoberg and from there was taken to Lady Cliff Academy on the Hudson, where he remained for one term. While there he usually appeared dirty, but seemed to be making some progress.
In 1907, assume when the defendant was ten years of age he went to live in the Bronx, where he lived for two years and attended school during this period. At one time he took two little girls to a piece of woods and started to take their clothes off, and when asked why he did it, said he was going to play Indian and that Indians were naked.
On one Sunday afternoon he was observed in a group of children eating mud pies, and the children were calling him “Loonie” and were telling him to eat another one.
During these two years that the defendant lived in the Bronx he was observed to tease children. He would take a little boy’s wagon and run away with it. He would take his hat and throw it over a neighboring fence. He would take the caps of girls and toss them over fences, pull their curls, take away their hoops when they were rolling hoops, and take the ball away when they were playing ball. He would do these things quite often. On one afternoon he was brought home with a gash on his right temple. It was bleeding and at least one inch in length. He stated that he had received it from a fall from a stone wall while he was playing “thief.” On another occasion he chased a young girl who was stopping at the house around the room with a table knife because she was trying to correct him because he ran home from school without her. He did not attempt anything against that girl again, although she remained in the room the balance of the day.
In 1910 defendant’s father moved from the Bronx, to Poland, and brought the defendant with him, and the defendant attended the Poland School which he entered in April of 1910, and there remained until February or March, 1913. After leaving school defendant worked in a knitting mill in Newport from about the first half of April until the second half of May, 1913, when he ran away and went to Ilion. At Ilion he was found working by his father and Mr. Frank Newman wiping dishes in the hotel. He was then taken home. In the middle of August, 1913, the defendant again ran away, this time to Albany, and stated that while he was there he had been shot at two or three times by a policeman and was arrested. From Albany the defendant again went to Ilion, where his father and Frank Newman again found him at the same hotel, and when he saw them, he said that they were “swindlers.”
At another time the defendant ran away to Herkimer, in the summer of 1912, and he stated that he had gone to the moving pictures. He said that he went to the store, the Poland Union, and bought a can of beans and a bunch of bananas for his trip to Herkimer. He left in the afternoon and did not return until the following afternoon, when he said that he ate the bananas going along the track before he ate the beans because he was afraid the bananas would melt. He said he ate the beans at night, opening the can with a nail, and ate them with a nail.
On another occasion in Poland he chased his sister with a table knife although she had not done anything to him. In the summer of 1910 the defendant was at Morehouseville, and one day while there he was fishing at the stream that passes in front of the Mountain Home, when the flies and the punkies were biting very fiercely. He stood down there in his bare legs and bare head fishing and the flies biting him until the blood ran down his face and neck and legs. He was fishing there for fully an hour, and when asked if the flies had bothered him, he said “No.”