Defendant requests your Honor to charge that from the failure of the commonwealth to call as witnesses Drs. Maybon and Palmer, who examined the defendant, the jury may infer that they would have testified that the defendant was a high-grade imbecile who was laboring under such defect of reason as not to know the nature and quality of the act of which he is charged in the indictment or not to know the act was wrong at the time it was committed. XL Defendant requests your Honor to charge that from the failure of the commonwealth to call as witnesses Drs. Maybon and Palmer, the jury may infer that had they been called they would have testified unfavorably and adversely to the commonwealth, especially in the absence of any explanation made under oath as to why they were not called. XLI Defendant requests your Honor to charge that if the jury acquit the defendant on the ground of insanity, in that event the jury should specify in its verdict that it acquits him on the ground of insanity. XLII Defendant requests your Honor to charge that if the jury acquit the defendant upon the ground of insanity, it will become the duty of the Court to order him committed to a State Asylum. XLIII Defendant requests your Honor to charge that if the jury acquit the defendant on the ground of insanity, in this case such insanity will mean imbecility, and that as imbecility cannot be cured, it will become the duty of the Court to order him committed to a State Asylum for the rest of his actual life. XLIV Defendant requests your Honor to charge the jury that the denial of the several motions made by defendant's counsel throughout the trial, and the rulings of the Court upon objections, and refusals by the Court to charge as requested, are not to be taken as any expression of opinion on the part of the Court upon the facts of this case, but are only rulings upon the law, about which the jury has nothing to do. NOTE. Requests XXIV, XXV, XXVII, and XXVIII, the Court refused to charge. INDEX Abstract ideas, lack of, in morons, 98. Actions after crime, Gianini, 25, 27. Pennington, 50-52. Tronson, 76-78. Alcoholism, 110. Barr, Dr. Martin W., statement of, 86. Beecher, Miss, annoyed by Gianini, 23. Binet tests, and school experience, 35, 38, 54. use of, in Gianini case, 32-35. in Pennington case, 53. in Tronson case, 80. Capital punishment, 101. Cause of Gianini's condition, 39-41. Causes of feeble-mindedness, 39. "Charity" in Binet tests, 34. Children, testimony of, 90. actions of, 94. suggestibility of, 63. Code quoted, 128. Colonization, 107. Confession, Gianini, 4, 9, 10. Pennington, 44, 53. Tronson, 67-80. characteristic of imbeciles, 16, 29. childishness of Pennington's, 55, 56. not necessarily true, 17. why Gianini made a, 15. Confessions compared, 83, 90-93. Courtroom, conduct in, 30, 67, 92. Coward, the imbecile, 23. Cretinism, 40.