The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-11-24
The HobolSen Murder.
TRIAL or JOHN DUNN FOR THE MURDER OF HIS
WIFE, ANN DUNN, ON THE 18th JULY, 1919, AT
HOECkEN, NEW JERSEY.

TRIAL OF JOHN DUNN FOR THE MURDER OF HIS
WIFE, ANN DUNN ON THE 18th JULY, 1919, AT
HoEokEN, NEW JERSEY.
Before chief Justice Green Judges Cooper, Thomas,
Van Wink. griffith, aud Garrettson.
NovEMBts % The court assembled this morning
about bali past 8 O'Clock when Chief Justice Green
charged the jury for the space Of an hour In eo
qu.nt speech the purport or substance Of which rs
follows lit is universally admitted that the homicide
COMMITTED by the defendant. The manner. how
ever AID The circumstances in and under which the
homicide was committed evidently preclude the con-
cepton Of msnslapghter but bring the within the
definition OF muTde Of the first second degree His
Honor then ebdeayored TO expound the nature and dis
tiuction Of these two kinds Of murder That of the
first degree presupposes vilful deliberate and pre-
meotsted killing the penalty OF which IL desth that
OF the second degree includes all other kinds OF MUIR
der which are punished with imprisonment. He now
took the defence Of the prisoner which defence
to be based upon the exsttrce Of insanity lie gave
various definitions of insanity, which generally
CURED in prouounclpg 1t to be an alteration or the
mind But he proceeded not every alteration OF mind
constitut.d such ineanty as excused Dap from the
commission OF crime. II the prisoner at the time
OF The act incapable of distinguishing between right
and wrong, tho law considers him rs insane, and re-
leases him from every responsibility. The las as Is
here laid down, he stated, was not newt had long
been setted in the Of the State of New Jersey
Spencer, wherein Chief Justice iiornblo~er had
laid the true doctrine that the sn pest question
for the consideration OF The Jury was whether the
accused at the time OF doing the ect conscious
that 1t act which he ought not odoio The law,
he continued presumes until the contrary is
proved The evidence OF the prisoners insanity must
thex.iore BE- clear and satisfactory The evidence OF
hereditary insanity IL entitled to weight unless acts
anlty proved tue part OF
prssnr, whereby they confirm that evidence aud in
the probas that the prisoner bave bsen
In state of nssny at The time ofthe homicide 1.-THE
jury is satised that prisoner hey ond rea
rabe doubt the next consideration is was his in
tapty such as TO render him pabe of committing
cfimeY Insanity Is at times OF very different ma
ture and of all degrees; and IL is not kind that
will render esponsible for acts Of atrocity.
Insanity which would relieve n man from hi. tracts
will not necessarily him from the consequences
of his crime. II the prisoner conscious at the
time that he ought not TO do it, the law holds him re-
and h. ha ad tba oup1
OF iDtsnity although some subjects he might have
given evidence OF insanity at the time lp this case.
the fact which the party b. reason OF his derium,
believes to be true should be taken true; ss he
wtud be judged man would be judged. IL the
delusien in fact true Ii man is under the de-
fusion that going TO take his life, he would be
ouIated in taxing mine: but II he acted only under
the oelusion that was going to carry away his pro-
perry or pick his pock he would not be justified Tor
tssrg life for tbee facts Ii true would fur Dish no
exculpation OF bis act unless he also under the
iGf deuion that he hau right 10 take life for
such act. The eyiderce Of insanity presented by
the counsel for the pri, oner Of facts which oc'
CURED all wi,hin the space Of eighteen hours The
defendant was bsbiuaiIy intenperate; n he was in
q state of iDtoxicaton. he IL not excusabe, but
II Ray modify and qualify the extent of his
sonsr, that, insanity having been proved to
have been hereditary bis family and he subject of
Jealousy on account Of some supposed nddely on the
part OF his wiie and his constut shattered by in
toxcstion. the EVIDENCE was strong that he was In
sane. HIS Honor intimhted that the Insanity OF the
prisoner formerly not proved to have been here
ditary and that IL might have been contracted by
dis'a.e or indulgence Of any kind II was STAGED by
council for the prisoner opening the defence that
de endsnt at deceased not lawfully married and
that his great Jealousy the consequence Of the
crime; but the replied that rather to his
great advantages that there evidence OF unlawful
cobabtsup and the jury bound to consider that
the marrsge ~s- lawful The court, after some fur.
Their illustrations concluded by informing the jury Of
the Importance Of the Of the great respon ibity
which rested upon their Shoulders, &c.
The jury then retired into their box where they re-
NAMED during the evening without counting to any
decnion We expect TO furnish our readers with the
verdict in the afternoon.