should
agree? Such testimony has been very unsatisfactory to the jury and to
the court, and generally very expensive to the community.

[Illustration: James G. Flanders, Attorney for Schrank.]

"Bear in mind, gentlemen, that your appointment has not been suggested
by either counsel for the state or for the defendant, or by any other
party or, source directly or indirectly interested in this inquisition.
You are the court's commission, and you must enter upon your duties
free from any bias or prejudice, if any there be. You should assume
your duties, and I know you will, with the highest motives in seeking
the truth, and then pronounce your judgment without regard to the
effect it may have upon the state or upon the defendant; in other
words, in your inquiry and deliberation you are placed on the same
plane as the judge.

"If any person seeks to influence you or talks to you as a commission,
or to any member of the commission, who is not duly requested to appear
before you, report him to the court so that an order to show cause why
he should not be punished for contempt may issue.

"If there be any witnesses you desire, the court will command their
attendance. The court will grant you the services of a phonographic
reporter so that everything that is said and done may appear of record.

"This commission may now retire, select a moderator and proceed with
the inquiry.

"Now, gentlemen, perform your duties fairly and impartially and render
such findings to the court as your consciences and your judgments
approve.

"The question for your determination is, 'Is the defendant John Schrank
sane or insane at the present time?'"

* * * * *

Editorial comment from three newspapers is herewith presented as
showing the general trend of comment on the course followed by Judge
Backus:

The Milwaukee Free Press said:

"The findings of the alienists appointed by Judge Backus to
determine the mental condition of Schrank were foreseen. There has
been little doubt at any time of the derangement of that
unfortunate man. This fact, however, does not detract from
appreciation of the excellent and novel course pursued by Judge
Backus in taking advantage of the statute that permitted him to
submit the question of Schrank's sanity to a body of alienists
appointed by himself instead of leaving the question to a jury at
the tender mercy of alienists e