The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-19

anu he received the sentence without evin
cling single feeling Of emotion and responded with the
me nav haven't they!"
---
Before Recorder Ialmaage ana Aldermen rsrdy ana
'0'4' B. rH'll'r' r ESQ, AGns District Attorney
D D' .
JANUARY ls.-TnaI Of .ameha Norman for assault
and Battery Nth Intent to Kill Henry s. Ballard,
This trial was continued this and the same crowd
and excitement was apparent as on the two previous
days 80
The RECORDER delivered the following opinion Oh the
court the application by defence to admit testimony
showing the intercourse ana ne accuseo
trial.
"The counsel LOT the prosecution having rested the
counsel for the prisoner now oner that IN the year
1911 the prisoner was seduced ny ballard the person on
whom u is alleged she endeavored TO inlet deadly
wound his subsequent combination win and abanaonmen
OF her. leaving hes uhaer Oh great aepeh
dence, distress and depreciation.
This evidence can only be admissible on the ground
hatj affords Justification Tor the alledged attempt to
commit homicide or that the accumulated wrongs to
which she was had produced that deuded state
Of mind that deprived her OF the Of distinguishing
right from wrong and Is urged by counsel tes
tmony should 80 70 the Jury to enable them to Judge Of
the probable effect that such course OF wrong might pro-
duce.
AS TO the nrst queson-iS the evidence admissible rs
am examining this question Iw remark that the same
evidence admissible In Jushhcation OF the alleged at
tempt to KIN that would be allowed In had the
act been consummated.
the case OF to reout the evidence Of malice 1t
must appear that the was recent for IN every
provocauon may PEI mere Dc sumcsnt time ior tne pau
sion to subsde and lot reason to such
Roscoe The object OF the inquiry s whether the sus
penson OF reason arising from sudden passion continued
from the time OF the Provoc@on received 10 the very IN
slant whenshe mortal stDkewas gven for II the party
rehectsd denerateo OF ooea oeiore tne INJURY was IN
vous exasperating the provocation might have been
While the law therefore makes great ior the
fully distinguishes between acts which induced by the
promptlngs OF exaspeIaed feelings and pressing wrongs
and deep rooted meditated revenge
The same principles are applcaoe 20 the ease nowuh
der consideration and can 1t De urged that povocations
commencing more than two years since but continued
down to within SNORT ume anecedent 70 the alleged at
tempt murder be embraced in the first class Of cases
to which have aluded or was not the assault induced
by CONSEQUENCES OF long continued wrongs oyer which
she had broodsd until sorrow and dependency had pen
ca Into revenge now proposed 70 prove tna the as
saait was adaced oy any immediate provocaon The
acts constituting tne Pr9Vocau0h must DC contemPora-
ncous WIN Inc lnenuea nomciGe or the immaculate NOV
ing arscsr snd 20 DC NOT
~ i Ina Sna tSat a " NY Juusmen' ho'
au i,dr ou 'nae 8 SuIu At. =.
reasons ror 1ne adoption Of TINS distinction are too
. "a ~ ~ e a ,no hi a v ~ W.; a iea
parry - seer upu mas % m &c ION
or req Or supposed wrong instead o. appeang 70 the
800 -, up LII 80, ..L, , poaA LII nsa-
rn.s ..a pa so.ey 'csene'' woaa des.roy tne sta
py o. our intutGns formed or me preservation Of
Pay a -. ~ e,, I 1917 PoPsl soisioe anu
s " ne s ~ 10 ~ , ne al
.s1' "a a " - .t .ie July, W enauo lnem 70
% saIlsI camss;on NJ ths az, h a a. j.; the ;i,
s-as.r eS S " 'S NV ~N"AS'1 ia '"e inu'e''
al, !. nro,osed NV N. Introduction s The .,;,.no o..
PROPOSED ~ tne introducuon OIL TINS evidence TO
% nrs ~ Sn. no. Proauce se a u
IL Cor snccsas;on of months vh;nh U ht o a ~ tha
stare INSANITY Which would H. $
Is,,al rasnonsS;I;,v for her acts ~ f ~
ssThis pos;,;on - ohsconshI. =, ,oor. ,rorr5s IT,,
Rscas ke same causes will not nscsssarv nroncs tn
ncasc VIC SAME Sa W' o P'oaacG shs
cause will s.nemes DrodHce violent effects With Tsr
sor ,ossessnv sens;t;ve and rr;tahie ts,n,orau,pn
wha anotb.r ia farhsarng and veurs The sprrrss;
.srhe causes then can never form safe test for the
udgment Of urv in Judging Of the SANITY If an nSv;d"
the effect is shown rs bringing the nsrv within Tho ca.
of irresnonsibe beings the Cause of that imbeciv If
mind that exoneratss from the resnonsib;tv NAV ha
proved
state Of mind when or about the time when the assault
sa the mind was anS thai the ~ dse
gushing right from wrong had fed
at il not every high Excitement Of the mind that de-
thrones II of that exists
enables the rarv IN tnov tho, the go obomt % 10
mitted il violation of law that deIns;on does not sv;st
which 10 70 render Inc voiotor IF tha Is, %
sponsibe for his acts. - ''' 40" ''''
..Tn secure immunv from, Tho eA.cs nc r;,,o rsac
mrst hs cl.srlv and cnncs;xaIv aStab,;ha rh IV
presnmes the SANITY of nsrson bn voisos II and
p9h % s1 y, c PERSON WHO vioia ayes y ana
eremnt;on must hs clearly made " y. se. ITO
offence was committed
The question is can the accused be permitted to prove
the previous existence of facts from which
he inferred to have or do the rules of
apnlicabe to this case nure evence of the nostive
existence that
mind that exempts from acconptabilitv am clearly Of
that opnon and that the testimony offered il not a;ss
bleu
The Rroopprp concluded bv saving that in this onp
ion the Court did not intend to be Understood az excluding
any evidence TO show the exsence of the of
accused al the time of the Commission of the act
Mr. (ie.HAM-That the Court could not exclude All
wo desire 10 show nv recent not remote acts That Tho
mind accused was bordernc nm insan;tv nrevoue 70
the commission of the act and was clearly 80 nj lie
mission. I'D
T,,x Dvrrvcr
Iour Y I,.ro~ caii.d ond o,vorn c,r d.eor.o = tr
Henry Ballard as also the accused saw the latter on
the platform of The Aston House On The n~h Of the 6rs
of November last sbs as standing a. fs Sot IF tho
sens M the door .he Nos h.ii h. norso wha
did not then know: was in the act of Coming down
stairs when saw This nerson holding her
Q-What did the peoplel saw that were standing about
herr -