Article clipped from Santa Ana Orange County Register

Jury Deliberating Allaway's SanityBy LARRY WELBORN Register Staff Writer SANTA ANA — The Superior Court jury in the sanity hearing for convicted mass murderer Edward Charles Allaway deliberated about four hours Wednesday before being sent home for the night.The six-man, six-woman jury has been asked to decide if Alla way, 38, of Anaheim, was legally insane when he shot nine persons, killing seven of them, in a five-minute shooting spree at Cal State Fullerton July 12, 1976.The jury began deliberations at 11:30 a.m. after jurors listened to brief final arguments from chief deputy district attorney James Enright and public defender Ronald Butler. The jurors went home at 4:45 p.m.Enright told jurors he believed they had “nd'other conclusion but to find that this citizen (Allaway) was not insane, but responsible for his acts, and legally sane.”Butler argued that, “If Allaway is not found legally insane in this case, then no one can ever be found legally insane in our system.”Alla way, a former janitor in theuniversity library where the shootings took place, sat emotionless and aloof during the arguments and the jury instructions delivered by Judge Robert Kneeland.Later, Butler said that his client was “exhausted” and was reacting internally to the testimony. “He doesn’t like being told that he is crazy, Butler said.Both attorneys said they felt good about the case, but neither would comment about how long the jury might deliberate.Enright, in his final argument to the jury, criticized the testimony of the five defense psychiatrists who said Allaway is a paranoid schizophrenic who did not know what was happening during the killing spree.He called the psychiatric testimony “gobbledygook” and urged jurors to look at Allaway’s actions and statements during the shootings.Enright reminded the jurors that Allaway purchased the rifle used in the massacre just two days before the killings and asked the salesman if the gun had a propensity to jam.Please See ALLAWAY’S, Page A2Insanity Is Measured By 134-Year-Old Rule“He hath no more sense than a wild beast.”For hundreds of years that was the general test used by British and American courts to determine if a man convicted of a crime was insane and therefor not responsible for his acts.This week a Superior Court jury in Orange County has been asked to determine if Edward Charles Allaway, a 38-year-old Anaheim man, is insane and legally not responsible for seven murders he committed at Cal State Fullerton on July 12, 1976.' The jury is using a somewhat more sophisticated test than the “beast” test, but still it’s one that’s been around for more tHan a century.The jury in the Allaway case has been instructed to use the “M’Nagh-ten Rule” in determining Allaway’s mental state during the shooting spree.The “M’Naghten Rule” dates back to 1843 when man named Daniel M’Naghten fantasized that England’s prime minister, Sir Robert Peel, was out to do him harm. Takinghis delusions of persecution at the hand of the kingdom’s chief politician to heart, M’Naghten went to the Downing Street residence of the prime minister and watted for Peel to leave the home.The person who walked out of the front door that day, however, was Sir Thomas Drummond, Peel’s secretary.M’Naghten killed him with a single shot.At his trial, M’Naghten claimed he was insane and subsequently was found not guilty by reason of insanity.That verdict didn’t sit well with England’s nobility — particularly Queen Victoria, who established a committee to draft a standard test to be used in the future to determine the question of sanity in criminal matters.The test adopted then — in 1843 — still is the main test used today to determine whether a convicted criminal is responsible for his acts.The “M’Naghten Rule,” as read to the Allaway jury Wednesday by Please See 134-YEAR-OLD, Page A2
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Santa Ana Orange County Register

Santa Ana, California, US

Thu, Sep 01, 1977

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