Overruled
The Motion fo a New Trial in the
Walker Murder Case Denied
by Judge Holcomb.
Yesterday morning Judge Holcomb arrived in the city from North Platte where he had been holding court. The motion for new trial made by the attorneys for the defense in the Walker murder case, and which was argued before the court last week was decided yesterday, the court refusing to grant the same.
A motion in arrest of judgement was filed in the afternoon, the affidavits accompanying the same reciting that the prisoner Walker is now insane. The Judge after considering the matter stated that under the laws no sentence of any court could be carried out if it could be shown clearly that the accused was at the time a lunatic, although he may have been sane when the crime was committed and when he was tried. The law presumes that a prisoner must be sane enough to understand the punishment to be inflicted upon him at the time set for its execution. If not he is to be cared for until he recovers his reason. The court ordered the county attorney to have a jury selected and the prisoner examined as to his mental condition at the present time. The verdict of the jury and the refusal to grant a new trial are in no way affected by the court’s last order.
Court adjourned to convene again on Tuesday, January 23.
