JOHN SCHRANK.
CHAPTER XXII.
UNUSUAL COURT PRECEDENT.
Judge August C. Backus' method of conducting the Schrank case has established a precedent for such cases, and the action of the court in establishing a new form of procedure has met with favorable comment on the part of lawyers, alienists, court officials and editors all over the world.
Instructing the commission of five alienists in its duties Judge Backus said:
Gentlemen of the Commission:
"You have been appointed as an impartial commission to examine into the present mental condition of the defendant John Schrank, who is charged with the crime of assault with intent to kill and murder Theodore Roosevelt, with a loaded revolver, on the 14th day of October, 1912, in the city and county of Milwaukee and state of Wisconsin.
"The court in this proceeding will finally determine the issue. I have decided to take this method of procedure instead of a jury trial, because as a rule in trials by jury the case resolves itself into a battle of medical experts, and in my experience I have never witnessed a case where the testimony of the experts on one side was not directly contradicted by the testimony of as many or more experts on the other side. Where men especially trained in mental and nervous diseases disagree, how can it be expected that a jury of twelve laymen should agree? Such testimony has been very unsatisfactory to the jury and to the court, and generally very expensive to the community.