Free Alice + Freda Forever: A Murder in Memphis by Alexis Coe Page B

with Alice, admitting he was convinced by what he read in the papers. 89
    And therein lay the brilliance of the present insanity plea: It explained what appeared to be inexplicable, and recast a murderess as the sympathetic victim of her own illness.
    If the plea failed, however, it would only be a matter of time before Alice was sentenced to death. A murder trial would have to take place first, but given her confession, a guilty verdict was all but guaranteed.
    In 1892, “present insanity” was not unlike our modern day understanding of “incompetent to stand trial.” Alice’s mental state at the time of the murder was a concern, but of far less importance than her current mental state. However, in order to establish “prior insane conduct,” Alice’s lifelong mental state, from birth up to the present, was relevant. The defense’s case was laid out in “The Hypothetical Case.” 90
    Much like the initial statement circulated by the defense, which read like an interview, the Hypothetical Case was a relatively short, narrative biography of Alice Mitchell. Her life, from birth to the present day, was reduced to just twelve pages. 91 It was a preview of the defense’s legal strategy, incorporating both the testimony they would present in court, and the input of expert witnesses who would take the stand over the next ten days.
    “Alice was a nervous, excitable child, and somewhat under size,” it began, proceeding to illustrate how her traits, interests, and behaviors had intensified over her lifetime. In a strategic move, the defense leaked the psychiatric vignette to the press ahead of the inquisition. It appeared in newspapers read by the public and, most importantly, by the jury. The Hypothetical case provided a roadmap that led to one obvious conclusion: Alice was a victim of her body—just as Freda had been.
    “The question is, whether the defendant has mental capacity sufficient to make a rational defense to the charge in the indictment,” Judge DuBose told the jury. 92
    Though it was presented as a narrative, all the information contained in the document could be filed under a list of six major points integral to the plea: poor health, bizarre conduct, unfeminine behavior, masculine interests, improper attachments, and finally, the role of hereditary influence.
THE HYPOTHETICAL CASE
Alice was a nervous, excitable child, somewhat under size. As she grew she did not manifest interest in those childish amusements and toys that girls are fond of.
    When only four or five years old she spent much time at a swing in the yard of the family in performing such feats upon it as skinning the cat, and hanging by an arm or leg. She was fond of climbing, and was expert at it.
    She delighted in marbles and tops, in base ball and foot ball, and was a member of a children’s base ball nine. She spent much time with her brother Frank, who was next youngest, playing marbles and spinning tops. She preferred him and his sports to her sisters. He practiced with her at target shooting with a small rifle, to her great delight. She excelled this brother at tops, marbles, and feats of activity.
    She was fond of horses, and from early childhood would go among the mules of her father and be around them when being fed. About six or seven years ago her father purchased a horse. She found great satisfaction in feeding and currying him. She often rode him about the lot bareback, as a boy would. She was expert in harnessing him to the buggy, in looking after the harness, and mending it when anything was amiss. To the family she seemed a regular tomboy.
    She was willful and whimsical. She disliked sewing and needlework. Her mother could not get her to do such work. She undertook to teach her crocheting, but could not. She was unequal in the manifestation of her affections. To most persons, even her relatives, she seemed distant and indifferent. She was wholly without that fondness for boys that girlsusually manifest.
    She had no intimates