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

atch that he gave her kiss, and as he did IT, draw.
ca the razor and cut her throat. He confessed 70
another that the razor his, and that it was the one
WIN winch he cut her throat He admitted that he
intended to Kill her when he asked her to 90 up stairs
In some some instances he attributed the act to drink
lng but IN no case he said he was not under its inf
ence' lou will consider whether the act was moi
committed under such circumstances of agga walton as
clearly marx 1t as case of murder with malice pre-.
pense II he was at the time, a moral agent
The counsel for the defence however do not rest the
case on the considerations already presented. The 9TH
er ground assumed is that of nsanitythat the prson-
CIR was not responsible agent. If he was not Won
must acqult person to be dmrdble to The la,ps must
De capable Of distinguishing bttoee right and mong in re-
gard to the particular act and {, be capable of oapg and
understanding that violation of la,o That he is
thus capable, must be presumed, till the contrary is
shown Did insanity exist in the present case so that
the prisoner did the act under uncomfortable impulse
II so he aught to be acquitted You must determine of
tins by the preponderance of evidence The circum-
stances relied to show this, was the bad character
and habits OF the father, which might have transmitted
a tendency to insanity On this point Drs. Bell and
Ray disagree Another fact is the idotcy of his bro
Their, which is a circumstance to be considered The
weakness OF intellect is also relied on and the influence
on the tendency to insanity of the habit of drinking
The want OF motive, indicated by the circumstances
ana the attempt to commit suicide also pressed
We cannot enter the mind of the party and see what
purposes actuated him. nor can we Judge of others bv
our own standard Difference of education opinions
and habits of life induce different motives of action
You will consider whether what occurred between him
and Prudence IN relation to the cap and her thwartne
HIM IN other respects, that morning might or might not
afford motive TO such man as he You will also
consider whether the attempt commit suicide is to be
taken any evidence of INSANITY You will consider
It IN connection with the circumstances of the case
80 far as there is any evidence Of that being part of
the original purpose, 1t would strengthen the SUPPOSE
tion of insanity.
The Opinions OF scientific on subjects of science
are to be received with great respect but in relation to
iacts their testimony is to be received that of any
other man. The effect of motive, or the want of mo-
tlve-he effect oil insanity disclosing the existence
OF insanity are not connected directly with science and
though testified ofby medical men, the Judgment upon
them belongs to YOU
You have the opinion of DIR. Bell that the commission
of homicide without known motive followed bv suicide
and without the attempt escape without any evidence
OF the use OF stimulating drinks would furnish a con-
Veton to his mind of insanity. But YOU will consider
that the case Of ntoxeaton carefully excluded from
the proposition, and will consider how far he was under
the influence of liquor that morning. and how far that
would become material in forming your general opinion
upon the case You will look at the whole evidence in
the case and apply the law to the facts If YOU find
that ne was not, at the time responsible agent YOU
VIII say he was not guilty by reason Of insanity If
you do not, but still find such facts as take away the
presumption of malice, you win say that he is guilty of
mansaughe and in the absence ofeither of these Won
will find verdict, on the main charge, of murder.
! The case commenced on Wednesday morning, and
at half past O'Clock on Friday evening was committed
to the jury, when theyretired and at little before
O'Clock, returned into Court with averdct of GUILTY
| OF MURDER.
The Court then adjourned till O'Clock this morning,
when sentence viii be passed
JOHN WENTWORTH. The Correspondent of
the New York Commercial Advertiser, writing from
Washington, Dec. &c, 1849, has the following in re-
lation to this Northern dough face:
The utmost contempt and indignation are express
| ed among the Northern members for Mr. Wentworth
| who was admitted to exercise powerful influenc
over the estern members during lhe contest for the
Speakershp, and the result of that struggle so pitt
ful and Illuminating for those Northern Democrats
who resisted Mr. Cobb's election, is attributed in
measure to him. He has been long in Congress. is
man OF great adroltness and capacity for manage
ment, and co1es from district where the free soil
| sentiment is intensely strong
/ PROCESSING at first to consent to Mr. Cobb's nomi-
nation as a means of peace and harmony, he declar
! ed that 1t must be abandoned and assured those of
ms friends whom he knew to be earnest In their on
position to the choice of pro-slavery Speaker that
| ms first vote would be the worst. 1t is now beey
edhat from first to last he has been laborng to Sc
| cure Mr. Cobb's election. If he had held ont Mr.
| Winthrop or Northern Democrat would have been
elected, and it in his power to secure the sue
cess Of one of the later class. The evidence is al
most irresistible that he has been deliberately false
to his professions and his constituents is said that
he expects to be made chairman of the committee on
| commerce.
| ARRIVAL OF THE CAMBRIA.-Hdlifar, FRI
day. The Cambria has just arrived. Very little
general news Of Importance
-, Cotton has advanced l-8d per h. at Liverpool
! The market was inactive
| Corn advanced Is Sd. per 480 lbs. Flour in