Fulton County GaArchives News.....Ozburn's Fate In The Balance June 25, 1891
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Linda Blum-Barton http://www.genrecords.net/emailregistry/vols/00003.html#0000645 March 29, 2006, 8:56 pm

The Atlanta Constitution June 25, 1891
Dr. Stiles Affidavit
Dr. C. A. Stiles had been summoned as a witness, but could not be present, as 
his son was at the point of death.  He sent the following affidavit, which was 
allowed to go in evidence, Solicitor General Hill making no point on it 
whatever:

Georgia, Fulton County. -- I, C. A. Stiles, swear that my son is now at the 
point of death, and it is impossible for me to leave him.  I treated Ozburn as 
his family physician before the killing.  His mind is unsound, and I treated 
him accordingly.  I have seen him frequently since he has been in jail, and I 
saw him twice yesterday.  He is insane, and utterly incompetent to decide 
between right and wrong.  I informed his counsel, Colonel Hulsey, of his 
condition before the trial.

The affidavit is sworn to before H. L. Culberson.  It is said that Ozburn's 
insanity was not urged at the murder trail because it would have been an 
admission of guilt as to the murder and the defense would have been regarded as 
a subterfuge.

A Graphic Witness.
Rev. W. D. Anderson, of the First Methodist Church, was the next witness, and 
his testimony was exceedingly interesting and impressive.  He had known Ozburn 
all his life though he had not seen him for several years until about two weeks 
ago.  At that time Mr. Anderson called at the jail in his capacity as a 
minister, but Ozburn said he did not know him.  The interview lasted only about 
fifteen minutes and was very unsatisfactory.  "I told him who I was, and he 
said he did not know me," said Dr. Anderson.  "I am not certain, but I think 
the suggestion was made by Mr. Faith to ask him where he was or if he knew 
where he was, and I asked the question.  He said he was in a hospital.  I asked 
him what hospital and he said St. Mary's.  I asked him what was the matter with 
him, and he said he had a fever, and had had it every year since he had been 
out there; that it was the fourth year, he thought.  He thought he was better.  
I said, "Charley, my boy, they are treating you like you were in a hospital, I 
expect."  But I though candor became me, and I told him he was not in a 
hospital, but that he was in jail; and I think, I am not sue, he asked me what 
for, and I told him he had been accused of a high crime, and that he had been 
found guilty, and that they were going to hang him.  He said, "They have no 
right to do that."  How the coversation was turned to his mother I do not 
recall, but he said his mother lived in Marietta or Powder Springs.  I told him 
she was dead.  He said no.

She Was Not Dead.
"I told him yes, she was dead, and he said they did not tell him about it.  I 
asked him if he wanted me to pray for him, and, as well as I remember, he said 
yes.  I told him he must pray for himself, and asked him if he ever lyed.  He 
said no.  I asked him if his mother did not teach him to pray, and he said she 
did.  I asked him if he wanted me to come back and see him, and he said yes.  
As I tell you, I went there as a minister of the gospel chiefly, and when I saw 
that I could not get him up to the present I left."

In reply to questions, Mr. Anderson said he can not regard himself as competent 
to pass upon the sanity of Ozburn after so short an interview. Ozburn's conduct 
under all the circumstances was unusual.  He seemed to be in a dreamy state.

Partially Dememented.

Dr. J. D. Hayes, testified that he visited Ozburn in jail last Monday 
afternoon, and found him lying quietly on his couch with his eyes closed.  His 
pulse was normal.

Dr. Hayes said he found signs and symptoms of a certain kind of insanity.  One 
of the signs was in the pupils of his eyes, which did not contract and dilate 
with the usual promptness in the light.  Ozburn seemed to think he was in a 
hospital in New Orleans, and referred to his having lived up the river. 

Dr. Hayes explained how he had struck Ozburn in the knee, and noticed to see if 
there was a reflect action of the toe.  He gave the normal reflex, which showed 
that his spine was not affected, and that Ozburn was not shamming.  He 
considered Ozburn partially demented.

Picking Out Frogs.
John P. Trotter, who had stayed at the jail three and a half months, and who 
had known Ozburn two years, was the next witness.  He said that while in jail 
Ozburn drank a great deal of whisky and was very restless at night.  The doctor 
left some little opium pills to be given, and one would be administered when  
Ozburn was very restless.

Mr. Trotter said that at times he would go to Ozburn's cell and peep in when 
Ozburn didn't know he was anywhere about.  Ozburn would be on his cot picking 
at his legs and saying that he was picking out frogs.  The witness considered 
Ozburn an insane man.

A Quart A Day.
Mr. Kimberly, bailiff of the city court, was turnkey at the jail and testified 
about Ozburn's effort to escape.

"When I first discovered them," said Mr. Kimberly, "Ozburn was sitting down at 
the door of his cell, and two other prisoners were at the far end of the jail 
sawing out a window.  That was last winter.  I asked Ozburn for any weapon he 
had, and he went into a cell adjoining his and gave me the weapon.  He said he 
did not intend to hurt me, but that if he had gotten outside he would have 
defended himself and would have tried to get away."

The witness said that when first put in jail Ozburn drank a quart of whisky a 
day, but the amount was gradually reduced to a pint.  The whisky was bought by 
Ozburn.  He sometimes wanted even more than a quart a day.

A Vacant Look.
Dr. Longino testified that about a year ago he examined Ozburn for a memberhsip 
in the Knights of Honor, and pronounced him a fit subject to join.  He did not 
see him again until ten days or two weeks ago at the jail, and he examined him 
on two occasions after that.  Ozburn had a rather vacant look.  The jailer said 
Ozburn had such a look when he first came to the jail.

Dr. Longino was asked if he believed Dr. Griffin was honest in his opinion that 
Ozburn was insane and replied, "Yes, I would hate to say otherwise."

At that point the court adjourned for dinner.

Ozburn at Dinner.
During the dinner hour Ozburn was taken into the prisoner's room and his dinner 
was brought to him.  He ate very heartily, dining on beans, Irish potatoes, 
corn bread, and drinking a glass of buttermilk.  Somebody proposed to get him a 
cigar, but he said he preferred cigarettes, as cigars made him sick.  A package 
of cigarettes was brought him.

Many Doctors Testify.
When court re-assembled at half-past 2 o'clock, the courtroom was crowded as it 
had been during the morning. 

Mr. Dann Hall was the first witness.  He had known Ozburn two years, and 
considered him an insane man.

Dr. W. S. Armstrong testified that he had visited Ozburn in jail and had 
examined him.  In reply to a question as to what pained him, Ozburn complained 
of his head and stomach.  His pulse was a little above normal, his respiration 
natural and his temperature three fourths of a degree too much.  Ozburn said he 
was twenty-five years old.  He denied to the doctor that he had ever lived in 
Atlanta.  That was all the doctor could get out of him, and it was impossible 
to say whether Ozburn was insane or not.

Dr. Hugh Hagan.
Dr. Hugh Hagan had examined Ozburn four times, once Monday and three times 
Tuesday.  The first visit was Monday evening at 8:20 o'clock.  On being 
introduced, Ozburn shook hands with him, and in reply to questions said he was 
in the hospital in New Orleans, and had some sort of fever.  He complained of a 
pain back of his head and shooting pains in his temples.  He said he ate three 
times a day, but shortly after a meal would vomit.  He denied having been 
married, denied all knowledge of his crime and denised having ever been in 
Atlanta.  Dr. Griffin came in during  the interview, and in discussing the 
medicine he had given, said he never used drugs to the extent stated by the 
papers.  During the talk Ozburn said he liked cigarettes, and Dr. Hagan said he 
would think to ask for them.  He failed to ask for them when they were brought, 
but the doctor gave them to him and Ozburn expressed his thanks. The doctor 
tried Ozburn on reading The Constitution, but Ozburn claimed that the type was 
too fine.  He then had him write, but Ozburn would not at first hold the pen in 
a proper way.  When asked what the condition of Ozburn's mind was, Dr. Hagan 
said that it was in just such a depressed condition was was compatible with 
Ozburn's physical condition, his surroundings, etc.  If his surroundings and 
circumstances were changed he would improve very much.  The doctor would not 
say that Ozburn was or was not insane, but took the position that his depressed 
mental condition was due to his physical condition and to the great strain on 
his mind, and that under different circumstances Ozburn could easily be buoyed 
up.

A Weak Mind.  
Dr. G. G. Roy testified that he had visited Ozburn, and found him mentally and 
physically weak.  He spoke rationally on some subjects, and seemed to have an 
entire slip of the memory on others.  He talked very intellingently about the 
paintings in his cell.
"I thought from what I saw," said Dr. Roy, "that Ozburn was a very weak man, 
with a still weaker mind, but I am not prepared to say either that he is sane 
or insane."

Dr. Scott Todd.
Dr. J. Scott Todd said he did not claim to be an expert, but from all he could 
gather he believed Ozburn was a sane man.  He would not like to swear a man's 
life away on a ten or fifteen minutes' interview, and that was all he had had.

Would Shut His Eyes.
Dr. R. B. Ridley said he considered Ozburn's mind feeble, in sympathy with his 
body, but at the same time, he considered him sane.  He described his visit to 
Ozburn and it did not vary in detail much from those already described.  When 
Dr. Ridley talked to Ozburn about ordinary matters Ozburn would look at him, 
but when he talked of the Bradley killing, Ozburn would close his eyes and seem 
to desire to avoid meeting the gaze of the doctor.

Mrs. Florence Brittain described her interviews with Ozburn, in which she had 
endeavored to get him interested in the salvation of his soul.  She said that 
it was hard to get him to put his mind on a subject, but when she could get him 
to it, he would be rational.

Dr. W. S. Elkin examined Ozburn Tuesday afternoon and Tuesday night, and left 
with the impression that Ozburn was feigning.  Dr. Elkin said to Ozburn:
"Suppose your mother was living and knew that you had to hang, would not she 
feel bad about it?" 
Ozburn gave a deep sigh and said:
"I have done nothing."

Additional Comments:
Part 3 of a full page spread.

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