The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-06

aore0-nr0t, prisoner OF having tNBeu N
life of thedeosased' and then, the sot doks viii
the intention Of taking life, 1t while In the
mission Of felony lFirst was then, the prisoner sh
doubt Of that. As to the state OF mind Of the pYi
sonsr the Judge said II the jury found him inssus hi
nifty which excuses is not mere oddity Of msnner-i
must be upsetting OF the mind mu IT lose
Its power and its control the will of the indiv
mind sfoat, so that he know the difference be-
tween right and wrong this is enough to excuse him
the s or va. Il sS.s sH
at the time Of the commission Of the offence. As to
the insanity OF the prisoner the Judge saidhat in
any OF his acts at the time OF the offence, they saw
anything inconsistent with HIS previous sanity OF
miad, then they would find that he Is insane; but II
those acts are consistent with his ether acts
they could not say that he insane The court
then referred to the thoughts that fitted the
snt mind o. yoaDg :. to what saess
such On event by occurrences that common our
nature and then ssy that he never knew
a insane because of the wkdoh
at the tim OF the act alone 1t has ways been neces
lowed by Of mental alteration and he should
regard Is exceedingly unsafe to find verdict Of
sanity simply upon the crcu instances OF the case ct
issue He then referred TO of homicidal mania
ono where q man came home drunk; his wife endesv-
ored to get him into bed, when he started up and
struck he with which was near at hand There
were marks of previous insanity shown
and 1t also appeared that he did 20 armed to COM
NIT crime but tho act With an Axe which
was laying In the ROOM and used for ordinary
poses Yet that man was found guilty, and would
have been executed had not he hs Judgs interfersd
with tho Governor, whe uted the sentence, and
the prisoner died, In few months afterwards insane
The other case was VII a ad dened by his
stroysr Of his happiness he killed him with weapon
The jury were to judge whether the prisoner in this
case is exempt from the legal responsibility of the
charges but the Court did not consider II them
to rely solely on the circumstances of the osse,
accompanied BY any acts Of previous or subsequent
insanity Then, As to the peouniary condition
of tho prisoner, he told one Of the young Ros.
sesus that bis money was nearly all gone. WAls
ledge that the deceased had money, and be slso
knew that he kept 1t in those two trunks He
came to the house OF the deceased carefully. He did
not enter II until after all the customers had left
though he had freq before come In while per-
sons were there, and was not deferred by their
provided work for Charles, at Newark though some
three or four months had elapsed, no one has been
produced from Newark to chow that he had bssn look
Ing fer work there Another thing appears he enter.
ed that house with q knife deadly weapon which
he afterwards used 1t was not in this that the
prisoner seized something that lay at hand 1t was
net something that the insane mind graspcd at. He
enters the house armed, and must have taken the
knife, which he after wards used out OF his
The Judge then stated the in which the knife
had been used, and described the nature Of the
as detailed In the evidence Of the doctor Nhe jury
Is murder on the part OF the prisoner. Wnsn m an
strikes another with a deadly weapon like that
kh--death having ensued, the blow being given
In deadly part. Whs. could have been the
prisoners motive Is another inquiry, The jury we're
not 10 Judge OF his motives By their feelings for
they not to knox that ths prisoner Is on osi
tion with them to moral STANDARD OF fesling
They bound ask them selves n he had auy mo.
tive. It may be Tint When he entered the room he
had no intention OF taking the lite OF the old man it
may be that when he strask the boys he did in
tend 20 take the old mans lite; u may be that ha did
not intend to strike the old gentisan until he fouu
himself impeded in his escape, but Is enough that
ne formed the design upon the instant. Now. IL the
jury thought tha there was no Intention the art
OF the proper to tase fs before but he merely
nag an Intention TO rcb those t.uuks aud that while
80 intending he did take ts that Is murder 1t may
be that he thought 1t necessary TO slxy the boys
order to enable him 10 commit tho robbery bat
though that would not sustain the indictn the
murder of thu Odd yet engaged In the feio-
nious act OF stsbbing tn. boys, he rubs.queny com
murder portion OF the defence IL that VA. done in
self defence. Homicide Is .xousabls in self defence
when the party Is in lawful pur,uits and there are
reM opsbie grounds TO epp-ehend danger The Jury
must believe that It IN the swful defence OF his
person to make IL excussble homicide What is there
In the case to shsx that the old aid au ght
but endsavor to arrest this after he had heard
cries ircm his sons It Is in the lawful an not the
unlawful defence Of the person that homicde ex.
cured In conclusion, the Judge said: Gentlsmsn of
the jury, In leaving the matter with you contess
should rrjoicyf could have nstrusted you TO look
with more forbearsncs at the case than have been
able TO do st the ssme time beg you to understand
that with the exception Of the matters OF ias which
nave rut mtted TO you tbs case rests ssely with you
and you alone rests the respon sibiiity Of your
ysrdict
The jury then retired at about o'clock and at 20
tast o CLOCK returned into court.
Their dovncsst look aud slow ana sole N step an.
nsunced the prisoners doom before their verdict
uttered
Mr.. ysudervoort Clerk of the Court then asked the
jury II they had agreed
foreman We have
The Judge requested Mr Morrough to Interpret for
the prisoner What going on
Clers nrors LOOK upon the prisoner; prisoner,
lock upon toe Jurors dow ssy you gentlemen, 4, the
prisoner At the bsr guilty, or not guilty
toremsn- Guilty,
The Judge then announced to the prisoner, through
the Interpreter, that on Saturday morning next at
10 o'clock he would be brought into court to receive
sentence
The prisoner Who Ia n rather good looking man,
about 5s OF seemed to be quite unconscious
of hs ssful Hituation aud did exhibit this slight
est indication that be either knew for what ho was
being tried or the nature of the solemn verdict that
bsd b, IN Just proposncrd sgaiu.t him
The court adjourned TO rhnrsdsy (this) mor1iny,
with another case Of murder all b. bioughton.