Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1835-04-23

The ground assumed in behalf of the
prisoner, as he understood, was insanity
which would render him incapable of
committing crime. ii might turn out
that the prisoner was in this deplorable
condition.; that he did labor under de-
gree Of insanity which rendered him in
capable Of crime. But il was due to so
ciety that clenr and mndeniable evidence
of this insanity should be established
He would state the law on the sub ects,
settled, as it was, by grave decisions.-l
There could he no substantial difference
in regard to il, between the prisoners
counsel and himself. The man whose
understanding and reason were gone,
ought to be admitted to be incapable of
acting as a reasonable being, and ought
not to be punished for his act. Persons
so unfortunate, ought to be kept in con-
finement. That was the case with those
who were ut all times and totally derang-
cd. But this was not pretended to be
the fact in the present instance. There
were however cases, wherein the plea
was available, which came far short Of
total arrangement. There were some
men of deranged intellect, who were yet
nj some times and on some subjects, ra-
tional 1t was therefore, the inquiry,
in those cases, what was the state OF
mind at the time Of the act. If the per-
son prove lunatic, sometimes sane and
sometimes not, then the inquiry is, what
what his state Of mind at the time
There were lunatics of another descrip-
tion;-those who were dernnged partial
ly on some particular subjects, and on
others were sane. These cases involved
the greatest difficulty. III appeared to
the Jury that the person was a lunatic,
sometimes deranged and sometimes not,
the rule laid down was equally plain and
easy Of application. Was the person
liable to the fit Of mental alienation at
the time? Was bis delusion applicable
10 the act' Was the act the immediate
and direct offspring Of this delusion p
Was it deducible from mingled motives,
or from this delusion alone? This man
committed an assault charged in the in
dictment. II he was under partial do
rangement, then inquire and see whether
the act was connected with the delusion,
so as to show that the delusion prompted
the act. He had understood that evil
dence was to be brought to shew that
the man was deranged, on one subject.
Should the Jury be satisfied that he was
thus deranged, it would be their duty to
inquire how this arrangement was con-
nected with the act. No man could
have shown more caution, prudence and
deliberation, than he did, in the commits
sion of the act, upon his arrest, and dur
ing his examination. We heard his a
vowal Of the motive which led him TO the
deed; but it was entirely Inconsistent
with the subject of his arrangement.
The principles he had laid down,
were settled in two remarkable trials
which took place in England. Mr..
Key here went into a statement of the
law as settled in the trial of Hatfield for
an attempt to kill the King of England,
and Of Arnold, for shooting at Lord Ons-
low. II was laid down in these cases,
that every lunatc was not exempt from
accountability for his acts. Some were
accountable for their offences at all
times. lie wished the Jury, in this
case, to show all reasonable indulgence
to the person arraigned. IL he was un-
der delusion Of mind, and if the deluson
originated the act, the whole community
would rejoice at his acquittal on this
ground. If they found, on the other
hand, that he was Il man Of capriclous
humor, deludcd on particular subject,
but committing this act from motives un-
connected with that subject, they would
not permit the accused to protect himself
under the plea of insanity. lie would
exhibit to the Jury, the instruments which
were used in the attempt. They would
see that they were as well selected, and
rs well prepared for the purpose, as any
which could be devised. The contents
Of ono of them were examined in the
presence of the Chief Judge. The pow
der was found to be of the best quality,
and the ball was nicely fitted. The
other pistol was also examined before
the Chief Judge. The powder had not
ignited. 1t was visible in the nipper.-
A cap taken promscuously from those
found on the person ofthe prisoner, WAS
subsequently tried, and it went off at the
first trial, with grent efficiency. To
whatever providential cause was ascri-
bablc the escape of the President, there
was left no doubt Of the deudly hostility
Of the prisoners intent. II was however
true, that in many cases of dsordered
intellect, there was observable nice a.
daptation Of means TO ends. He would
now proceed to the examination of the
witnesses.
TO 60 through with the testimony, in
time for to-nighfs mail, would be impos-
sible. The facts alleged in the opening