The Absinthe Defense: How a 'Swissess' and a Headache Saved a Murderer's Life
In the high-profile Spencer trial in Spokane, witnesses testified that Edward Spencer drank absinthe to sober up before killing Ella Mundt. The court heard he was 'jolly' until the end.
The story, cleaned up
A cleaned-up reading of the newspaper page: spelling and layout repaired, one story lifted off a crowded page. It follows the original closely but it is not a transcription. The original page is below; read it if a detail matters.
SPENCER TRIAL STILL ON Several Witnesses From Walla Walla HE TOOK ABSINTHE TO SOBER IT Spokane Court Crowded Daily by Curious Crowd Anxious to See Slayer of Ella Mundt.
The trial of Edward Spencer on the charge of murdering Ella Mundt was resumed in the criminal department of the superior court this morning, and the forenoon was devoted to showing the condition of Spencer on the morning of the shooting and for three or four days previously, says last night's Spokane Chronicle.
The first witness called was Ed Stebbins, who resides at Walla Walla. He testified that he had known Spencer for 10 or 12 years, and that Spencer's disposition had always been jolly and good natured; that his associates were good so far as witness knew. It was brought out in the cross examination that Spencer had been away from Walla Walla a good deal of the time, and the most witness knew of him was what he had heard.
Knew What He Was Doing. Bud McLain was called, and testified that he became acquainted with Spencer about three weeks before the shooting, and had roomed with him for three or four days.
"Will you state what was his condition relative to intoxication for a few days previous to the tragedy?" asked Mr. Graves.
"For three or four days he had been drinking hard, but he was not intoxicated so that he did not know what he was doing," was the reply.
The first two nights he came home as usual, but to my knowledge he was not in his room Friday, Saturday or Sunday nights.
They Were Jolly. Witness said he met Spencer and Ella Mundt at the Oncograph theater Sunday night, and they appeared to be all right. They asked witness to go home with them, but he declined. Ed had been drinking, but there was nothing unusual in his conduct. He was jolly as usual. Ella was jolly, too. They left the theater about 10 minutes after witness did, and he saw them on their way home. He never saw Ella again, and next saw Ed at the hospital.
Dan Cay, who was bartender at the Snowshoe saloon at the time of the tragedy told of Spencer coming into the saloon on Sunday night before the murder, and said he had been drinking for several days, and was in bad shape. He came into the saloon about 12 o'clock at night and asked for some money, saying he wanted to send a telegram to his brother at Portland for some money with which to buy a ticket to Walla Walla. Witness said he gave him some money, he thought it was two bits, and Spencer went out.
He Took Absinthe. He came in again in about 20 minutes, and said he had got the money. He asked for some whisky, but witness refused to give it to him, as he was in a bad condition. He complained of a headache, and witness fixed up a "swissess." It is made with the white of an egg, some ice, syrup and absinthe, all shaken up together, and the glass is then filled from the siphon. This, witness says, is what bartenders always fix for men who want to sober up. After he drank the "swissess" he sat down behind the stove and remained there for several hours.
Towards morning he wanted another drink, but witness refused to give it to him. Between 5 and 6 o'clock he went out and said he was going to Walla Walla. Previous to drinking the swissess he was very nervous, and complained of having a headache. He did not act like himself at all.
This 1903 trial highlights the complex legal and medical understanding of intoxication and mental state over a century ago. The defense's reliance on Spencer's 'jolly' demeanor and his attempt to use absinthe—a substance now banned but then legally available—to sober up offers a stark contrast to modern forensic psychiatry, where such claims would be scrutinized under strict standards of diminished capacity or insanity defenses.
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