The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-04

The trial OF man by the name of White, for the
murder oil his own father, took place recently IN &C.
nesee county, ~ Y. Avery remark able report Of the
case we hnd In the Batavia Tines of l4th uit
we give the most interesting portions-the Judges
charge Whites speech, and the sentence Whites
speech is one OF the most extraordinary on record
iull OF atheism, lnhdelity, rrelislon and barbary
He is to be hung on the 18th of next month. This
Is the legitimate effects of infdety and irregion-
such are the effects OF modern cheap literature.
The CHARGE
JUDGE DAYTON Gentlemen of the yury This
case Is now about TO be committed to your hands
The crime with which the prisoner is charged is of
an aggravated character, and was committed under
agsravatng circumstances and 1t is not to be won
dered at that the has excited considerable feel
ing. In all classes of crime, and especially in that
OF murder, courts should feel that an important re-
sponsbty rests upon them. The object of the law
Is to prevent crme end when such violations of it
occur, as we have seen charged upon the prisoner
here, the law assumes that such criminal should be
secured, tor the reason that society is unsafe while
they are at large. Every individual so charged is
entitled to fair trial; and, gentlemen, perhaps
there is no crime known to the law which is so care
fully fenced around by courts to secure fair and
impartial trial, murder, and it is in the highest
degree important that we should feel this RESPONSE
billty In ordinary cases Of murder, difficulty gene
rally exists In Identifying the person who commit
ted it., and in securing evidence to establish the
fact. But here the evidence is clear and ndput-
able that the prisoner was the guilty man; SO that
so far as the killing Is concerned, and all the cir.
cumsances attending it, it clearly shown that such
was the case, and that there malice on his
part. The District Attorney has proved to you the
circumstances out of which the transaction arose,
and by them it appears that harmony between the
father and son had ceased to exist Tor long period
of time. The old gentleman had made an arrange
ment with Harry that Harry should have the pro-
perry at his death and this of course excluded the
other children from having an equal share. Unques-
IOnably this had some Influence IN engenderlng
these feelings manifested by the prisoner. The first
differences between them commenced when the de-
PENDANT was nineteen years old, and this first dsa-
greement seems to have clung to him through HE.
1t arose, you will readily remember, from not
having been furnished with clothing and money, as
were other young persons IN his circumstances, by
means OF which he lost the opportunity OF marrying
as he wished. There were also other differences,
and in consequence of them he seems to have broken
off all connection with the family and to have work
ed away from home. Ultimately lot was pur-
chased for him on the Reservation, with the under
standing that the father would pay for one hall OF it.
provided the prisoner would go on and work it
properly. This the prisoner did not do, for after
remaining short time he left il. Afterwards
he remained with his father until he went to
Chauauque where he resided until the death of
his wife he then returned and lived at different
places until 1910, when he married second wife
for the purpose, as he saG, of spting his father.
After living with her a short time, he enlisted in
w,
Fortwo or three weeks preceding The murder, he
had worked IN the neishborhood OF his father who
1t seems had made application to have Volney taken
charge of by the Overseers OF the Poor; week be-
fore the murder the prisoner requested the Overseers
not take any steps until they heard from HIM, tor
that if the old man did send Voney to the Poor
House he wsuld have revenge. have thus given a
brief history OF the i'll feeling towards his father
One would think from the character and habits OF
the two that they could not be upon the most ami
cable terms-one was a religious old man-the
other opposed n any thing like religion. Under
such circumstances il is not strange that the father
should have entertained dislike TO the prisoner
that he, turn, should have felt hostile to his
parent. These the main circumstances on TIE
part of the people, and, taken in connection with
the proof of the charge, make out, IN my estima-
ton, clear and undeniable case of wilfu murder.
1t is claimed by the defence that the prisoner is
insane man, and that therefore he should not be
punished for the crime with which he stands charg-
ed. Upon, this the whole case turns. The law. as
have said, is not disposed to punish the prisoner
for the commission OF the crime, If he be not gull
ty and il has wisely decided, that man beret of
reasen is not responsible for any criminal act. In
some cases OF lunacy, however, where the party
charged Is proved to have some clear perceptions OF
what is right and what Is wrong, he is then liable
But in case of monomania, where the party is n-
sane upon particular subject, and if under its in
huence, he violates the law, he is then not liable
punishment. held that IN all cases, the question is
one of tact whether or not the act was committed
from feeling of malice, under the influence of
insanity; If from malice, even il partially insane, if
he had reasoning power sufficient TO know that he
was dong wrong, he Is accountable; and in the
case before us 1t is evident that such thing as
genuine insanity existed. All the witnesses spe ak
Of him as engaged in different kinds Of business
which ne was abundantly competent TO transact
and 1t is rule well settled, that though man may
be incompetent to manage his own AFFAIRS yet if he
has reason enough 10 discriminate between right
and wrong, ne is liable for any violation Of the law;
therefore do not think the prisoner be defend
sd on hat md is 81 Ime hu oil hat
the prisoner is under hallucinaon in regard to his
father, and that this carried so Tar as TO pro-
duce monomanla on this subject. 1t is important
that you, gentlemen, should keep in mind, what
this kind OF insanity Is where man reasons
etbers do, we do not conceive him insane but
where he comes to opposite conclusions without
giving any reasons, he is then undoubte dly insane
Ii appears plainly that differences between son and
father had been kept up for long time, and that on
the part OF the prisoner, the feeling was extremely
bitter; there real foundation for this;
the father never had any intention to injure him
he had on the contrary manifested a common
dabe regard, by procuring him a farm he
was plous man, and would therefore be
un unlikely to entertain any unfavorable feeling
against his son. His honor then gave his views
on the subject of monomana and moral insanity
IL is claimed that the circumstances attending the
murder proofs OF insanity, and this is proper
subject for your considerations; but you are TO re-
me mbert that foul and unnatural murder has been
committed, and you are not 10 assign the presence
las been spoken of as having singular manner, as
I'D and strange; but you, web as myself, know
hat such things exist al around u.s. In the prison
RS they may have been produced by his habits
# life For several years he acted upon nidel Cpl
Mons, and published an infdel book; he is attached
o his uouons and has hoped to convert The world
q atheism. On one occasion he calculated by crcu-
ating his publication among society. to overthrow
hat society," and obtain property formerly given to il
" his father This is rather to be regarded as evil
ence OF eccentrlciy and weakness OF mind, and
shows him TO have been very vain of his opinions
md influence. Certainly there is noihiug insane |
bout it in the eye Of the law; such doctrines are
calculated TO produce moral insanity; when an indI-
dual makes it his creed that death is an eternal
leep, and that he who is unhappy here has right |
D rid himself OF his life and troubles, he, OF course,
las no restraints to oppose him. no moral or reli-
ious fears; and man may BE- come morally insane |
y reading or adopting such principles. 1t Is not |
rom such men that We are to expect correct expla-
allons OF our rights. Another evidence of insanity |
offered in the frequent attempts upon his own lie;
his may and does often exist in cases OF monomania