New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-10-13


fortunate prisoner with a single blow sent soul I'M
hidden TO It's God, and had made another woman's
heart as desolate as her own Spare. Oh spare this
| POOR widow IN this wholesale condemnation. Oh. IN
| mercy DIVE not another steel into her bleeding
heart God forbid that | should Judge. And
need not remind YOU, Christian men, OF the words OF
| Inspiration, Judge not that We be not judged"
do not stand before you gentlemen OF the Jury, the
| defender Of Edw Drum. Tie is before higher trI6u-
nal, Where there is errng IN the Judge and where
there Is more mercy than IN the hearts of relentless
| men. He has been tired here without an advocate
| or a hearing Where would We be without an advo-
cate here or hereafter, tried for time eternity,
without hearing or wlthou, any one to plead for
| Us But l. Margaret Garrlty guilty of his murder,
by the laws of the land That al with which We
row have 70 90. No matter what NAV have been the
| character OF Edward Dunn. no matter how hend-
| like he may have acted no matter If Vampyre-like
he sucked out the blood OF his unconscious victim
| God Is now his Judge, not you and gentlemen.
| nothing that has bean charged upon him can stand
| TINS woman IN hand now as justification upon this
| tilal.
Her deed is not justifed-counse DO not pretend II
was Such is Its atroc;y IN the estimation of the
law, that she places herself upon the defense that 1t
was not heTSeli, but maniac who committed H.
Her defense is not Justhcaton-ls Is insanity. Her
ceienSe Is not that she was permanently insane. but
that at the time she committed the act she so IN
sane that she rot conscious OF committing
wrong act. lie referred to Spencers trial. PIP 200,
2Ol Winston 65. The question Is not whether she
had the full possession OF all her faculties, and her
reason III Its full vigor II this be then every
one who commits the crime Of murder in the out
bursts of ungovernsble passion is not subject Of
punishment when envy, or revenge, or Jealousy
may gut itself with lmpunly IN the hearts blood OF
It's Victims then one except the hardened villain
who weighs his life IN one scale and money IN the
other, must answer for this crime None other COM
mlts the crime of murder with all the faculties of his
mind unmDalred and his action controlled by his
reason. Rtf,rTcd 70 SpcncerS Up. case 2O5. ami u
But the counsel for defense had expressed them
selves satisfied with the definition Of insanity gwen
by Winston, Up. 10. The life OF the poor prisoner
would hang upon a slender thread indeed II placed
only on that ground ~ Is definition of cases under
The vel CLASSIFIED head OF "llomcidal lnsanl-
W Or. Woodruff puts the defendants case
unsor that head You thus see what ms opinion
: worth Referred 10 several cases u insanity,
and passed 10 tho evidence Ia this case. They
may huk IL enough 10 ser her crazy, but did Il
really produce that effect That question h ID not
been reached. Bridget Fairly mentions one instance
OF her putting things on, OF place, but was proved
that she Tad ways attended % her duties Counsel
then reviewed the other testimony that went % show
that she was sane. Does tins look like sanity. say
her COUNSEL Why. her mind had been bent upon
committing the deed, and was II strange or unnatural
that she had taken he thought as 10 her subsequent
couduct after recapiiulatng MargaretS conduct
before ard after the act, he remarked, It was all too
tire ior the maniac. While t4efo was method there
was TO cunning ~ the maniac.
There Is no pretense she had meditated and tired
any plan Tor her purpose she met the case As CIR
cumsiances and natural events presented 1t. She
went 10 find her victim at the place she might
naturally expect TO find him she bded her time and
size met HIM IN the street which carried hum to his
house, anC there killed him. He here introduced
tie testimony OF the prison physcmns ss 10 her sub
sequont health and conduct He went over the eases
crtd hy Ge,CncanrS counsel In the case OF Spen-
Ger, the defense was INSANITY, but 1t was apparent
thai jealousy was the mpellug cause. Had his case
rested upon evidence OF ms insanity unon re par
tcular subject Tor which he was tried No. Hered.
raly insanity was made out beyond aouOt, aud
strongly marked eases had existed IN the ianiiy.
CITED the case of Clough IN Vermont, and several
otieIS
The case Of RebeCca Hodge was said to be similar
10 this but II had no slmllanty-ihe defense Setup
IN her case that there had been hereditary insan-
Iiy. he case which has been % strongly relied
upon, that Of the female servant Of Woodcock, who
Killed her master III England. Read from the case,
and argued that there was unmlsakabe evidence 81
insanity. In the of the prisoner. there was no
nsanlty upon any other subject than Edward Drum,
ali insanity which ended III the dreadful tragedy We
are considering. fCItsd ROgerSC aSs, and Others
FTeeInans case had been referred to who insisted
OH having thousand dollars as a compensation for
beng wToHefully confined for years IN prison for
horse stealing. II strong case of insanity, but
the Jury convicted None of these cases were SINH
lar 10 the one before the Court.
IL had been said the burden of proc; was upon the
state. 1t was but only To prove her guilty. OF the
act Blu, she having come here with plea OF III
sanity, the OHUS IrOband was upon her 10 make out
the case clearly. lReGd from Spencer Trail Inc
doctrine beng that where there was reasonable
doubt of sanity the jury should convict As 1t was con-
sidered that every man was sane until proved IN
sane. But If there was pIeponderance OF proof IN
favor Of insanity, they should acqut.
The defendant had real cause for killing EDWARD
Drum. Let US now see If there Is evidence that at
the time she committed the act she was devoid of
reason, or insane. 49,
case upon the declarations OF the prisoner herself
In mercy to the prisoner, he would CONSIDER them
true and then SEE 4 the Jury could acqult her: Inc
Attorney here elOquenty detailed ner story Oh gflei
as gwen by herself
As To the suicide. she is prevented. BY Superhuman
influence from committing Self-destructlon, goes
home and details the long and coherent story OF her
lha ms q
the Monday previous Can any man say, LOOKING
YOU in the face, that this woman was taen insane
Butcounsel have argued that the accumulated wrongs
and mlseries she suffered were sufficient TO shater
her mind but whether the mind OF the prisoner was
really shattered that was question they had not yer
reached. The question Is not, gentlemen, whether
she had the possession oil all her iacuties' auu Ie
full exercise OF her reason. but whether she was
conscious of the ldeed when 1t was done. Whe-
Their she partially insane or MOI; spencer
Trial, POSI- The charge OF Che Justice ioIhpo"el'
IN ihis case has been made the law IN New Jersey,
and must guide this Court ia It's decisions Inc
simple question for you 10 decide Is, Whether inc
accs ed at the time of dong the act, was conscious
that Il was an act be ought not 10 do III ne was con:
scous of this he cannot be excused the score OF
INSANITY He Is then amenabe TO the laws, and IN
that case If such your opinion, from the eVIcehce
OF the case you Will have TO 90 on 10 the consldeIa-
ton of the circumstances attending the act, IN order
10 distinguish to what kind Of homicide II belongs
according to the law OF the last W msior, PIP 49, a.
Again 1t has been repeatedly decided that the
evidence of prisoners insanity az the time OIL the
act ought to be clear and satisfactory II the evil
dence leaves It only doubtful question, the pre-
sumption Of the Law turns the scale IN favor OIL me
SANITY OF tie prisoner IN such case the law Mods
the prisoner responsible for his actions. Again Inc
proof Of insanity at the time Of committing the act
ough, to be clear and satisfactory IN order 70 ac
cult him on the ground Of insanity, as the PROOF oil
committing the act ought 10 be in order to fnd sane
man guilty Had she committed the deeu al the p'io
OF he, interview with Drum, and his brutal treat.
ment OF her a, the river side, would not say Du'
thai there might have been sufficient exciting cause
to have placed the act within the GROUNDS Of justin
cation assumed Had she been prevented ron SUI
eide b, any human means Il would have been EVIL
dence OF insanity, but by her own story II was
through other influences acting on her mind. quo
ted ErldenceS Of Insanity PP ?uo. ,.,
These extracts went 70 show that professional
opinions as 10 insanity were OF less reliability than
OF non profes sonal, under same circumstances one
Of the main evidences OF insanity was incoaeIehcy
| in conversation, but Margaret had exhibited no IN