New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-10-10

%" ,esxoQable for, Whatever DC doJuugtnVasoe'
nne.. - IS reasonable Is Law" O:
Shsie,,o onid premise with the remark that Sci
40" no, vet completed it discovery on thIs
p es O. mental alienation Necessarily II Is ~
nSe world even nov" i IN ls"1tahce on iila", ,b
u 'ne nj matter. Is II not much more so on the
the 20" m,nd The reply a Hamlet IS e'eiiaSt.
lsvs y, There are more things IN heaven anu
ngl Juo,s,jo. than are oreamt OF IN your phllos-
eani,. And the history Of tne ire Nmeht OF thc IN
OPP, ',nSerfully illustrates oar former ignorance
sane 80, prrgreSs -Heod f0r =, 1dyfoT's J1T'S-
suo p, e35, G36 also Gao; a., bottom, Summary;
Sruss. Pr,fchaTd o. iasaH'ty, - psa" dei MS
1852 ,s,,,on have been maintaining, gentle.
lle .PS<olyes itself INTO these Others:
nth Ia, man NAV be ins dne so aSDo tobe respon
~, acnme, and yea know right from wrong, IN
the atsuec- MAJ, bo insane and crjninally ire
Nc At his ACT spring a. a natural consequence
spos,".on, a. III Hadhela's case.
OF be NAV be so, even though his act DO not
Unnecessarily out OF his deuSiOn, as III the case
srIeNaugbton and Others
s.,e,lstbly impelled to the ACT, he is not respon
'ys Ter 10 conclude this summary Of the law by the
..rr,lsr reading of some authorities to the last
Iii suggesled-Trlal Of Abnfr Rogers, go, q"
Pss,,y.G,neral Van Buren, 100, Freeman's 1f'at;
~, Wk,ftng. AGO. Frseman's Trial; Spencrs case,
ss1. Judge Edmor,dS Kien's case; Judge Brongh,
o., We come TO the Sd point to which proposed
,s0nr client IN the commission of this act was IN
., state of mind az that she was crminally ire
ssnshle Her suierngs had been such-she
fVrcb a diseased state Of mind and body, that she
~ no, know the nature OF the act she did, and was
.ahle through disease, to refrain from the impulse
Qdo IL. hill shou
The presence in her OF number OF the
o.pses winch produce insanity.
The inhuman treatment under which she suffered
Moral causes greatly preponderate IN producing
ssanity. (Pr1tchard 1874, 1867
Here we mad as causes, disappointed love, Jealousy
hstress from loss OF character suppressed menstrual
oon wakeiulness, fasting, long continued weeping
ITavOr, 636 Shakspere's Ophet'a-Lear)
Q We shall show actual distraction, ana "llohess
dappearanCe and behavior.
g. We shall prove character, OF the highest Kind
,oth for virtue and mlldness.
T. We shall exhibit IN her case the Ineolcai TESTS
dhOmIclOal mania. lst change OF character "a,
,aempts at suicide Sd, subsequent conduct-at-
ymDtng no escape-reasy acknowledgment no ac-
oOmpllces. tMsdica -IdyL0T t3e.)
Bu, 1t Will probably be said
l. THIS homicide was premeditated
That is 10 reason why II might not proceed from
insanity. (Hadfeid, McNaughton, Rogers, case
clied from HasiGn, Wtnsio0 IL, case cited from
HmslOt0 20, Rebecca Hodges case, freeman ; case,
Dean 5iG)
II had real motire
80 there was In Hodges case, the case cited from
Hasam Freeman, Spencer, Mercer, Mrs Howard
,ould have controlled her she had not reason
sufficient to withstand the impulses of her diseased
mind The prisoner herself Is proof enough How
could she DO II At she was sane
But II IS time to approach the second ground OF
defsnse-thai this girl, II she was not INSANE only
committed mdnsdughter the prOyocdtIOn was so
great. TO her, and III her weak stale OF mind and
BODY that IA mercIful consideration of human ma
tre the law make the Ofiense merely manslaughter.
To tbs point cite case r. Rep 81 according to which
opinion 1T, the boys fought IN equal fault I'd, no
undue advantage taken sd no bones UTOken--he
ran home thfoe-quaTters OF ni.e, 4th, he was all
bloody, which reused the falherS anger 9th, he
presentiN-l e. soon, but not immediately, pursued
the other boy 9th, he toOk cucgei with hlm eth,
ran three uartorS OF "A nle time was taken 9th,
struck the UOy on the ht0f
How different the case here. This girl was Sc
duced, under promise OF marriage, was begotten
with child to all appearance al least deuded from
day to day al last thrown oil with horrible insult
almost driven 10 her grave then hears That the very
person To whom she hai given n0tlce OF her claim
had married her pnghteu husband, and inns While
she was In the enfeebled state OF the Will and the
mind which such circumstances naturally produced.
Take, as further liluStratlon, Stedman's case,
Foster 292 The smart OF The wound and the eifuSion
Of the blood saws Justice Foster might possibly keep
his md, gnatoa bO'i'ng nj tts moment II the /act.
Here possibility IS In question. The fact Is GER
tam. BOILING What provOcatOn could be greater
How could IL be otherwise
Take again Browns case, Fast 4. Z. 10 , roscoe
6is; kirkham's case, COir'dge's Op1si0R.
Contrast these cases with that OF the prisoner.
Why is not ,hs child entitled to the same charity
kr because there was time 90 cOOti mat depends
on crcumstances-her state OF mind ana body, and
the provocation under which she suffered And III
question Tor the Jury
Siyonse 100 The law hxes no certain time
when Il should be presumed the passion OF man
should cool. e. J. Raymond admits the correctness
OF the argument.
Further, AZ should be remarked that on both these
points, ooubt belongs 10 the prisoner 80 ne'd III
y ~ q
and MERGERS case. And should be 50, clearly, on
principle
The question on a defense of insanity is, did the
tang do II and though DE technically correct tdt
the state IS not called upon al first 10 give evidence
that The person is insane, yet II on the whole evl-
dence a reasonable COubt aylSeS whether ne was 50,
II l. Just u, much to has 5eneht as II there were
toubi whether ms hand Smo,e the blow.
Kun TIE tSk OF taking he from "A victim of nsan-
~, or uncomfortable impulse
The learned counsel cncd great many other
cases. bringing them strongly 10 bear III favor OF his
ehent lilS closing appeal 10 the Jury was lmpaS-
sOnod ana eloquent, deeply moving the Jury as well
as the whole audience. Inc prisoner continued 10
weep bitterly durng most OF MS delivery. Upon It's
conclusion the Court adjourned to y O'Clock p. VI.
EVENING SESSION. L. VI.
II tie seats IN the body oi the Courthouse had
been specially reserved OT the ladies'" they could
ut have Decn more completely filled by them, than
q some thirty persons only OF the male gender who
we're fortunate enough 10 get seatSthe balance filled
he asieS and galleries. and unnamed patiently stand
ng durng the entire Z. VI. session. They appeared
bbe nom among the most respectable class of the
omMUnty many OF the cOunlrywOmen of the
prisoner
The Jury answered 10 their names.
for The Defense, nr>t witness Bridget Farley, re-
eaed-l always found her gOod-dISpOSltioned and
scod-empcIed girl I never had any quarrel with
nsi was useful m the house, and smart about her
sgk she had no other beau than Drum, his
tDfum'S) visits were twice or three times a week
Nought from his manner he was SultOr he should
rave been a Sutor, from his attentions 10 her when
came, they we're M the room alone, together has
satncns were not shared by any other girls IN the
.0ase ne always inquired lor her SINCE She came
ueie, found her warnl-hc ,riet and good girl.
WAS she ariieSSl nee tro.n dJuhcof
witness could not understand, aut II was passed
over.
Dtuni was always respectfully dressed.
W -Dld you have ANY religious conversation With
"aisate' DID she know the commI uumeniS
add not Know. Drums visits continued up TO
.e ulie OF TIE catastrophe he came only once du-
L. fh..f4 an n II