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

most Fapliiy.
Was Mrs Fridloy "heart broken woman?''
Do you not remember that ia the eross-examina-
ton, when asked her whether she had not said
that the ''poor old man" had put the child away
az well as he could under ground. abe remarked
that he was not an sold man" neither and that
she would not allow any one to call him so. said
that would not let anybody call my wife sold
woman" Laughter, and cries by the bailiffs "Si-
lence, ''silenee, gentlemen ~ Il was impossible
that she should feel the deepest grief But say
that the versatility of her character has shown that
she smile aud emile, aud weep and weep
again, and is as changcable as silk in the light Of
the sum-
Mr. Bradley, after sweeping away, as he said,
"all the rubbish" proceeded TO consider whether
this act was committed by man IN the possession
of his faeultes and this the gist OF the whole
matter. He then portrayed ths excessive affection
OF Day for his wife, slowing the very ground she
walked on;'' spoke of her overwhelming influence
over him, and her deception, which destroyed his
peace and happiness, and led 70 the catastrophe.
Another incident; ID was said that the public
peace and security demand that this horrible crime
should be investigated. But, in doing this, il was
necessary and inevitable that we should resort to
that which nothing but the sternest duty could
cuse-ibat we should break open the grave and
tear off the cerements, and see whether corruption
commenced in life or not. We approached it with
the deepest regret but il involved in the
solemn duty 10 our client 70 show the causes which
led to his delusion, and the fnental alteration
which resulted in being where he i5 and the cause,
gentlemen OF the jury, of your being assembled
here.
The case of the prosecution has been fully proven
We cannot shut our eyes TO the facts. would not
have you shut your eyes 10 the truth that, in open
day, in the midst of her friends, the woman lost
her life at the hands of the accused. No man can
deny that; but, however that may be-no matter
how atrocious the crime, or however public-no
matter what may be the Cfiec. on the community,
you must look TO see wheiher osi.ae has been com
mitted, or not, according To- H.e teio.
Now, there can be no crime without the criminal
intent; no intent without knowledge oil the OBJ
ect and the effect OF the act; and If the mind Of the
man perpetrating the act not at the time Of
its commission, in such state Of soundness rem
dered him amennble to tho law, he is not TO
swer for the crime with which he is charged.
II is of the utmost importance that crime should
be punished, prevent the repetition of it, for the
safety Of the community. But crime, and all
crime, is created by lao- The highest law which
is known is the statute law; and when the statute
has defined and provided punishment for crime,
the courts, the jury. the community, are all bound
to see that the statute is executed When the
statute has not defined crime, the common law
has, and this has been modified and adapted by the
courts to answer the necessities OF society. Law
is the security the only security, in this country
for life, liberty, and property, and binds men in
convention, men as jurors-all men, When mob
undertakes to make a new crime, to make that
crime which statute law has not made crime,
and which the common law, as defined by the
courts, has declared not to be crime, that moment
we have lynch law in the most horrid deformity;
and il any jury undertake TO decide that 10 be
crime which the law has not pointed out, and
which eIpositors have not pointed out as crime,
the next jury may think very differently And
who il safe? We safe but in the security Of
law, and not in the casual judgment of twelve, or
twenty, or a thousand men. / could go into the
streets and by-ways and proclaim that go soon as
jury pronounce man guilty of murder accord
ing to private judgment, every man ofthem is per
jured, and guilty of judicial murder; for he is
sworn to Judge by the IaU and the evidence. But
WA RI ved nf discu he has
defined the law OF the crime of murder. | do not
say that it is applicable to this case; but this is
palpable one of insanity, and partial insanity and
deusion. You have the law Of the land. He who
runs against it runs against his sworn duty as cti
zen. He who, counsel or juror seeks to avoid the
law does it at his peril; and he who does not only
avoid II, but denies ii to be law, and seeks to obtain
an effect against the ipstructions-I know not
how to conclude a sentence which carries with it
consequences of such great magnitude. All can
say, he who does these things strikes at the very
root of the tree of liberty which overshadows and
protects us all, for he strikes at the foundation of
the laws under which we live
Mr.. Bradley then proceeded to comment on the
instructions to the jury, which on his motion were
granted by the court on Friday, III effect, that, II
they shall find from the evidence that the accused
was laboring under mental disease, attended with
delu5ion, and that in paroxy5m outbreak of
this disease Of the mind his reason and judgment
were for a time overwhelmed AMI superseded. be-
tosc ard az the .imo Of kg ia wife, he 10 NOT ia
law guilty Of murder, sc,
He read from "Sheliord Lunacy," showing
the different shades and stages Of the disease, in
eistDg that the prisoner was not in bis right mind
when he committed the act for which he is ar
raigned. lnsanc deluEion consists In belief OF
facts which sane persons believe; unsound
mind is marked by decisions and q sound mind
is wholly free from them The basis of all was,
that delusion is insanity; and his object would be
TO show, by the proof OF sixteen Witnesses that the
defendant in this was laboring under this de-
fusion, and therefore was not responsible for what
he did.
Mr. Bradley examined the points in tho evil
dence relative to the death and burial OF the child
and the ARRAY at the watch house upon Days be-
ing removed from there the way to the Jail.
These points, he declared, had nothing to do with
the issue the jury were to try. Yet he DEFENDED
Day from any suspicion of being concerned in the
death Of the child, and thought the conduct OF con-
stabuary force might DO somewhat improved.
He dismissed Mr.. Pomminitzkey's evidence as
amounting to nothing, as was the whole pretenoe
that Day knew of his wifes dshonor previous tohis
marriage.
He recapituIaied the various and numerous cha
racterstics, pcculiarities, shades, and forms OF
mental delusion and insanity, laid down, mention
ed, and described in the work he had read.
Mr.. Bradley called upon the United States, when
they denied the existence of this deusion, to chow
any OF these characteristics of insane mind be-
fore that fatal marriage. He called upon the pros
ecutor to show that previous to TINT marriage John
Day had ever been crying in the streets,
bursting into tears when spoken TO by friend;
that he had ever been idle and neglected hs work,
that, being at work, inattentive and did not
seem to understand how il was to be executed 1t
could not be done. Previous TO that marriage, 1t
had been shown by Mr.. Rowe's testimony that he
was excellent workman, skiful workman,
man who took great pride in the amount and quail,
ity OF what he did; he was quiet obedient, and
faithful Lieutenant Moore traces this same high
character through his service in Mexico. Grlfhth
states that he lively, buoyaut, and cheerful TO
that time and all his friends and associates who
had been intimate with and who knew him, all
represent him before that marriage as cheerful,
neat in appearance. joyial, steady. Industrious,
and skilful at work. How is it after the birth
OF that child? He becomes moody, melancholy,
careless of his dress and personal appearance, TO
which he had seemed before TO have paid such par
tcular attention. lie avoids his former associates
and most intimate friends. lie loses that high
pride of. character, which before would have IN
duced him 10 lock up his shame within his own
bosom, and goes forth into SIS streets, In the bar
room, on the parades in the daytime, and in the
presence Of friends and acquantanccs, OF associates
and Of stangers, publishes his own dshonor and
Disgrace He tells every one his shame he pub
fishes il all to the world.
The change in his temper ia also most evident.
He becomes violent, sudden in his rage, and with
out cause he becomes suspicious OF all. lie meets
hia frends in the street and passes them with