The Daily spy. [volume] (Worcester [Mass.]) 1845-1850, 1849-12-29

DIV
selected prisoner, rather than Sherman to remain attne
house with the family account of his uniform KIND
ness to them. The circumstances occurring on the ia
tai day then detailed 1t was alleged that no adj
equate motive had been shown, for the commission OF
such offence, and, in the absence thereof, soma
stronger evidence Of mind required, than
the mere legal presumption. If the defence should
present such testimony would give preponderance
OF weight to the presumption OF insanity, they ought to
adopt that presumption. Comments were then made
on the prevailing sentiment, that the plea of insanity
had been abused in its application. The contrary, it
was contended was the case and that persons when la
bcrng under that disease as not to be moral agents.
had often been convicted of crime. 1.-THE counsel pro-
posed to read from report of the trial of Rogers,
extract from an opinion given by DIR. Woodward-in
order to establish point relation to insanity,
which was objected to, and, ruled out The nature
OF insanity then considered and the extent to which
1t should be shown to exist, in order to make it sufG
cient defence to a criminal charge. Formerly, it was
held that il must be entire, that the accused should
be entirely berett OF reason on all points, but par
tai insanity is deemed sufficient. The different kinds
| OF partial insanity explained. The complaint of
the prisoner is h0nictEal and suicidal naosaomasa.
The counsel proceeded to say, that there var-
Gus forms in the manifestations of insanity, where
person IS not morally responsible for his acts there
suicidal and homicldal insanity, and various other
kinds, some intermittent occasional and others per-
lnanent some with strong and unerrng indications, and
others where they are slight hardly to be per-
celved Some frequently occurring, and others where
act is the FIRST and perhaps, only Indication of its exis
tence. Where motive can be shown for the act we
CLAIM that the act must be taken evidence of in
sanity Suicide of itself is always evidence of in
sanity unless that presumption is overruled by some
strong rebuttng fact We shall show in corroboration
OF this presumption, that the prisoner is of less
than ordinary intellect, that he the of habit
ualy incorporate father, which would nave tendency
to give his offspring tendency insanity. We shall
prove facts which the medical witnesses viii tell you
indicate insanity. The characteristics of insanity were
then read from medical works The tests Of insanity
as recognized by judicial authorities then stated,
and cases IA their support cited from the books In
sanity such as would excuse the homicide consisted
such state OF mind not to know that the act
wrong in itself, to enable him infer, necessarily
that the act IS contrary to law. 1t argued, that
the circumstances attending this case+e ee,aness OF
the manncr-the entire Want Of conce; lmsnt-the se-
lection Of the victim-the of motive-he attempt
at sucide-the readiness to submit to trial-the
duct on being committed prison-al indicated insan-
ty, and were different from the conduct of the ipten-
tonal volaor of the law. The COUNSEL concluded with
an appeal to the jury, their duties and response
DIlltes IN the case The witnesses then cal ell.
P'aibp Pond. reside in HolI ston. The father of
the prisoner was an incorporate His death was
occasoned by getting sle,oed and lying out His feet
and legs were frozen. He lived ten twelve days af
ter lie was in the habit of frequent intoxication.
rst knew the prisoner when eight nine years old
tie has brother, James, who is diat. have had
the care of him Of the poor. He is sup
ported BY the town and is incapable Ct taking Of
himself. ~
Cross Eran,iaation.--I knew the circumstances of
hnowtons death only from the information Of others.
Am not positive whether prisoner went to the town
school not We bound the shildren out as soon az
we could get places for them DO know the fathers
age at the time Of his death 1t might be little more
than ~ years Prisoner was bound to Lyman Thayer
OF Bellngham.
Benjanein HoBmcn.-I reside in Ashland. knew
the defendants father. Saw him intoxicated num-
Der Of times before his death James, the brother Of
defendant was under my year the House of
Industry in Hoison He Is perfect idiot incapable
Of doing any kind OF work. The town bound him out,
and the man finding what he was made disturbance
and the town concl'led to take him back.
Cross EranuneI.-Saw Know lte n int Gated two or
three times. Cannot tell certainly how many.
Stephen H2imes--knowlton' fatheronce came to my
fathers houses bctrs he married. He was bady
! intoxicated and soon became dead drunk Saw him
drunk few times afe. wards, but rot bad as that
| time
Cross Eraniaation-I was six or seven years cid
whoa first saw Krowlton drunk. Ii was when he
20 Fl years old before he married. WAS never
rnu-h acquainted with him. He married my Oldest sis
ter. have seen him druak six seven times. We
always considered him hab italy Incorporate. Is IS
Charles DuJee-PIisoner to nv house nine 4
years since, and stad with me something like tlres
months. His work WAS chopping wood in the woods Z
He did not do so much work as some people. He did 4
not like to lie out the evening. He appeard to be
afraid. Was of mild and obiging disposition. IS d
Cross EraEanaion.-i lived in thewest part Of Med
I
in Beingha. He told he had been to some Of the \
towns below, do not recolect where He went from
ne to Hopkinton, to learn Understanding. asa
| Stephen A. Pame--I reside in Douglass. II have
known the prisoner 10 or II years. He lived with nav
father, and with me. He was peaceable and well
disposed boy-very much SO. | never knew him q
commit any offence before the charged on him.
He lived with my father and me about six years He
the first who discovered fire the neighborhood
about three years SINCE the barn Of our nearest neigh
Dor. He was very tmid and afraid to co. He was
| very tntcrsoms while he lived with me. He never
would stay alone daiing thunder shower, by day or
night. Let it at what time Of night ii would, he
would get up and come down to the room with me- =
| Cross Erensinaten Knowton left me the fall be-
fore he went to Richardson's. He did not stay his.
time out. He did not manage SO well as he had done
and .asEght it best to settle up and let him 90 He
drank much The latter part of the time nv wife
was afraid to be left with him when he had been drink
ing That the reason Of my settling up with him.
lie would get intoxicated whenever was about, but
not often, If was at home. saw him SO drunk
but that he could go, in shape other. He went
from my house to Capt Thayers land next to MIR Rich
asdson's. Cannot tell how many times saw him
drunk.
Arnold Ttcka.-Prisoner lived with me from Noys-
embcr At to March AS. He did tolerabiy wen rs i,
work, but would drink too much. He had access q
cider the cellar. Hew afraid to be out in the even
ing. have known OF his committing no crime before
this.