The republic., 1851-08-05

lively, then solemn, then talking SO strangely with
Sessford, be comes up the Avenue, dancing, eat
ing grass and, as soon as he secs sears bufsIs INTO
tears The man who had been boisterously gay
with Kuhl and Marsoletti, suddenly sees his wife
on the Avenue, and the sight 10 as sun stroke he
becomes suddenly silent and solemn la the midst
of his soemnity he goes down and has that strange
conversation with Sessiord; then we meet him at
the market, where Sears sees him eating grsss
The prosecution sneer ID at the evidence OF Sears
that he was eating grass. And why not eat grass
II he were sane man, his eating grass, it must be
admitted, impudent ieignlng; but If
not man, then his eating II was perfectly
consistent Why not, If an insane man, eat any
thing, and eat il voraciously, too as well other
insane men eat tobacco, &c, swallowing il down
Old crazy George, all know, used TO eat tobacco.
Had Sears been contradicted in his evidence? II
might be said that Handy contradicts him. Sears
said that Handy struck Day while he down.
Handy says that he did SO. Sears says that Handy
struck Day after he bad got up. Handy says he
did not; but Mr.. Thomas and Hubbard say they
say him strike Day after he got up. Sears said
that Day punched from behind by some ono
with stick Handy, who had hold OF Days arm,
says this was not 80 Messrs. Hubbard and King
say theysaw nothing OF IL. These are all the con-
tradiotiorssof Sears; and If he was believed II hls
statement, wholly unimpeached as 1t was, that
Day was eating grass that evening, was be
leved, then the jury must believe he was doing an
act which no sane man would be dong.
We next find Day on that evening at Downer's
He tells Downer he is going TO shoot some one, and
pulled out paper and showed 1t to Downer. DOW
ner asks "What it isis IL shot!" Day replies,
"Never mind, you will know; am going TO get
rid of all my troubles, and the Of all my
happiness" IL he was not under a delusion he
would make no such statement TO Downer. III a
sane man, he would not go to Downer and tell him
what he did. Here was strong parallel TO the
case of Rogers. He is going to remove the cause
of all his unhappiness-
When he is met by King the first thing be said
was am going to kill some one TO night. King
naturally thought he drunk. Now, was he
drunk? He was not drunk when he WAS with Kuhl.
He was not drunk when he met Sears, and it was
but short time after he left Sears before he was
brought back to the watch house; now where and
when did he get drunk He was either drunk or
insane must be the. answer II drunk, where did
he get drunk? He had noopportunity to get drunk,
and the alternative is that he was insanc.
He says, :" am going TO kill some one" He
does not say this TO friend, that means OF escape
may be provided, but he boldly declares he is go
ing to kill some
And who was he going to kill? He was going to
kill that wife whom he loved well; that wife
whom he loved far better than hinseli that wife
who dcarer to him than all the world for whom
he bad brayed the finger of scorn, and Tor whom, II
not insane he had damned his soul forever. He
leaves King passes up the street. crosses over at the
corner beyond the house, and came upon that fear
full scene where he commits this act. Ia there any
attempt to escape--the act of sane man! None.
He crosses the street after it took place, and
Miss Dougherty speaks to him he hears his wife
can't live, and exclaiming, "Oh, my God. bursts
into tears. He is advised to go to the watch house
and surrender himself. He answers, No, let
them and take me here, in the sight OF his VIC
tim, and beneath the windows OF her fathers house
He is next at the watch house. Going
down the steps, after his commitment, he refuses
10 go, and asks where they are carrying him. lie
is told to Jail. He demands to know why he Is com
mitted without trial. Handy had undertaken to
swear that he knew that Day knew he had been
committed. Had Handy the attribute OF the
Deity, and could he the mind OF the prl-
soner. and swear that he knew he had had a
trial, and committed for further hearing I!
MIR. b. enlarged upon Days conduct at this place,
and contended it was not the conduct OF sane
man, but Of one whose reason and judgment was
: laboring under some disease which destroyed its
balance.
He (AIr. b. would make no appeal to the jury
for mercy. He would claim nor ask any thing but
just consideration of the evidence, and the
application OF that evidence under the law as 1t
had been laid down. But if the jury had any
doubt, after giving the evidence in the case care
full consideration OF the prisoners capacity OF his
sanity, il their minds led them TO believe in the
probability of the existence Of any deluson, they
must give him the benefit of that doubt and acquit
him. The whole jury must give verdict. vcr-
dictwas the clear undoubted Judgment of the whole
twelve. Ii verdict was given, and doubt ex-
sted in the mind ofonly Of the twelve then that
verdict was not the truth. The verdict OF the jury
10 the judgment of the whole; every juror was an in
dependent judge, and was responsible for his own
acts. II any of them entertained the least rea-
sonable doubt then the jury could not convict
That doubt existing, even in the mind OF only one
juror, entitled him to an acquittal.
He never saw more clear, palpable ca5e OF mental
deluson than presented by the evidence in this
case. The prisoner industrious, skilful, enter
prisng, ambitious man, marries, and In three
months after that marriage his whole nature IL
changed
Mr. B. repeated the effects upon the prisoner
following that event, and the immense changes
in him; changes going far as to threaten and
abuse his own mother, and kill bis own wife; a to-
tai, radical change of character, produced by that
delusion. He returned his thanks to the jury for
their attention, and regretted that sense OF duty
had required him to detain them so long
Mr.. Fendall commenced his remarks (sf which
the following ia sketch) by saying:
May it please the court, and gentlemen OF the
jury, it becomes my duty to address you at the
close of this case and congratulate you that you
are approaching the termination OF this long and
arduous trial. We have all felt deeply indebted to
you for the most respectful and exemplary patience
which you have manifested Better than any
thanks which can give you will be my cndeavor
not to trespass any longer on your attention than
it shall be absolutely necessary.
Two things must have struck you; one OF which
is, that where nothing else be said, and where
the facts too plain for denial, the defence OF in
sanity is set up. II is not only forlorn hope, bu
desperation, which admits Of no other defence. The
facts, repeat, too plain and papablc to be de-
MED AT one time thought, from the examina-
tion of medical witnesses, that my ingenious friends
would contest the point whether death was caused
by the shots but this they abandoned This then,
ia the defence resorted to, in OF this kind,
which admit of no other.
The prisoner, il is said, insane when the hom-
icide committed. If so, has he since become
sane? If he insane at the time he was ar
raigncd, the trial would have been postponed Was
he insane in reality when he committed the MUIR
der, or insane pro ac Uice insane for this purpose
and no otherf
will call your attention TO the principle Of evi
dence applicable to this defence. shall tell you
what it is, and then tell you that do not mean tc
insist on the principle to its full extent:
''When the age OF twenty-one has been com
pletcd, and which is always at the first instant o
the day before the anniversary the party is ther
in law presumed to be mentally competent to con
tract and perform every act without the control OF
interference of any other person. and he who as
serts the contrary must prove tho affirmative o
his position by explicit evidence and not by CON
jectura evidence; and when all the mental fscul-
ties are in such degree Of perfection as to pro-
ducc what is usually termed common sense. that
is as we have adequate reasoning and judg-
ment upon ordinary subjects, like other rational
men, then, in legal consideration, he is of SOUND
mind. - Chiffy's Medical Jirisprudence, page 345.
And read from page 3d. " With regard to the
proof of evidence OF insanity, as the imputation il
Of