The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-08-04

Witnesses as 70 the place where the prisoner was
on Sunday night between and 10 O'Clock. lie
argued there was a great difference between the,
witnesses; but maintained that the Jury. If they
could not reconcile the testimony, were bound To
construs IL favorably to the prisoner.
He commented upon Mrs. Wilson's testimony
concerning Day most insane conversation on the
night before the murder, in which he said he had
been up in the sky far enough to ASCERTAIN there
was neither God nor devil-heaven nor hell. This
conversation was argued to be of the Highest evil
dence OF insanity, and perfectly in keeping with
bis declaration TO Sears that his soul was damned
forever Here were two Conversations both of
which were indicative Of great mental delusion.
lie read from Miss Creamer's evidence Of what
occurred that night at the house of the deceased.
She said that after twelve o'clock that night she,
Mics c., went up stairs, and Mrs. Day followed
her. That the witness went 10 bed, and The wife,
after looking out the window, turned round and
said, "Kate, John is walking up and down the
pavement" and then went 10 bed and toent 10
sleep. Yes, that wife went to sleepi Sleep onl
You have dishonored and disgraced your husband,
and you can sleepl You can sleep while your hus-
band Is reeng TO and fro the streets under the in
sane delusion caused by your conduct. Yes, sleep
on; you cannot feel that hell you have caused To
burn in his heart Sleep in quiet, for You
careless of the ruin aud destruction you have
caused. Sleep on, for you coon 10 be consigned
to eternal sleep by that insane hand your conduct
has raised against youi
He alluded to the difference between the number
of witnesses as 70 where the prisoner was at six
O'Clock on Monday evening; and contended that, if
the prisoner
He alluded to Scarss testimony as to Days con-
duct on that evening-eating grass and dancing
the Avenue. This conduct, he argued, was evil
dence OF insanity. He reminded the other side
that the King OF Babylon was called crazy because
he ate grass.
Hevener's testimony, as to his wildness and TO
bis looking around him, thlnEing that men were
ptways talking about his disAcnor and disgrace
this wos not true, but it was strong evidence of
that mental deluaion under which the prisoner
lived.
No witnesses produced to prove Day was insane
were intimate with him, or had more than the most
casual acquaintance with him from the time OF the
birth of the child.
He read from Beck's Medical Jurisprudence, 270,
to show that when the jury have any doubt of the
prisoners sanity he is entitled to the benefit oft
MIR. Morgan eloquently and forcibly impressed
upon the jury the high duty they had to performs;
he called upon them to do their duty regardless of
consequences. If the prisoner insane, or under
deluson, let them do their duty, and say Spare
him for his eternal sslvation spare him to his at
flicted and bereaved mother that she may If posi-
| Bile, call him back to his former self.
| Mr. Bradley then proceeded to address the jury;
| Ia sketch OF whose remarks follows
| You are al, he said, perfectly aware that so soon
as we ascertained the law OF this District on the
great question which lies at the bottom of this case
We on the part Of the defence willing to sub
init 1t to your calm consideration without dscus-
sion on our part. The District Attorney, in the
discharge of his duty-and what he does and says
Is under a sense of duty-did not think il neces-
sary to rely the law presented by the Court. but
attempted to show that the defence of the prisoner
was iegned one. We had not anticipated the
necessity of discussing the evidence; we were
willing TO rest the before the jury without
elaborate review; but the prosecution insisted upon
argument.
| you by the Court You have heard the testimony
| OF Witnesses from the stand. BY the law, by the
testimony, you are TO judge of the guilt or inno-
cence of the accused. 1t the privilege of counsel
la Iva tnp ncetIn IN tbo forfa 10
make apparent TO you the particulars in which the
evidence varies, in order to assist your examina-
ton OF the evidence applied to the law announced
! by the Court. This is a duty which we would
! gladly have avoided. But the whole matter turne
On the sort of evidence which is very rarely pre-
scented to court. 1t does not depend on plain
recital OF facts showing premeditaton and design.
| If the immediate act be one by which death may
ensue, then it depends immense number of
| little facts which, like the faggots when united
sists the strength OF giant. Ii is the accumua-
ton OF small matters all tending to the same re-
suits When bound together they form, trust,
| (as you will find in this case conclusive mass
of testimony which the human mind cannot resist.
| Gentlemen, would have avoided any particpa
| ton in this defence would have avoided taking
a single step which would involve me in the
sponsiblty of defending this mans life, had not
had, from the outset, reasons opening upon my
never would have placed myself in the defence had
| not these reasons ripened into conviction
/ would gladly have avoided it for another
son. You have solemn, most responsible, and
| awful duty to perform; but on the counsel of the
accused, who to shape, direct, and manage his
Defence infinitely greater responsibility rests, for
any error by them might lead TO his conviction;
any error in their judgment may sweep away the
| barriers which law and common sense have thrown
around him, and expose him TO the vindctve man
ner and revengefu acts of relentless prosecution
l have endeavorcd, 80 far as am concerned, so to
| shape my course that, whatever the result may be,
my conscience shall be clear
In this case there are many things to excite the
deepest interest, incidents of peculiar character,
| rarely occurring in the history Of this country,
| however they may be in countries where morals
are at a lower standard
Undoubtedly, according to the testimony of the
United States crime has been committed u
crime OF the most atrocious character, surrounded
| by circumstances of horror; a crime at which hu-
mainly revots, and fills our minds with disgust
and adherence. wiic-a young wife-was struck
down III the prime of days by the hand of her hu5
| band by the hand of him who had sworn to nour-
| ish, cherish, and protect her-stricken down al
most under the eye of her mother, and surrounded
| by the members of her family, who felt deeply in
terested in her fate, just at dusk-at tho very
! threshold of her fathers door; and when she falls
looking up in the moment of intense agony, she
utters the piteous cry, "John, OH Johnr' Where
is the human heart so steeled TO be incapable of
| sympathy in such a case?
These things address themselves to your feelings,
| let them not carry away your Judgment The heart
may bleed, the feelings may be agonized, the sym
pathics may be aroused; but when you come to the
| uHueI tne sOleHIHly Oh hn Oaln, neaTl
must be shut, the sympathies must be quieted; all
external influences must be excluded, as you must
answer hereafter.
There other circumstances and incidents
| connected with this which produce painful
! sensations. This crowded audience, newspaper
ports whisperings at the of the Streets the
busting excitement. the out-of-door influence,
never to be brought 70 bear on the verdict of the
| jury.
An impression has gone abroad that no man can
be convicted here OF the crime OF murder. But,
gentlemen, steel your hearts against such i'm
putaton. Forget, if out of the jury box you have
heard such thinss-forget them, If you would au-
swcr to your God in this case.
But deny that any such impre ssion is prevalent
in this community. deny that the jury trial has
! fallen 50 low that the community can believe that
the jury false to their oaths and to their duty.
insist that the jury trial is still what it has been
for years. and that criminal it is still the
| safeguard OF the citizen
We have seen the heart-sricken mother-the
crushed and broken hearted mother-called as u
witness, not once or twice, but again and again,
the most pteous advocate TO affect your judgments.
| do not pretend good forbid that should insinu-
ate) that the friends on the other side did these