The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-04-23

the way, and this because they only dumb ami
mails but when they found human heiDg dsstituts
OF capacity guilty they did not destroy him. because he
STILL with all his misfortunes. human being-poor
and degraded in the last scale Of humanity frue
with them BY the closest ties Il blood he bore some
likeness to the image Of God. He did not suppose
that there any individual within the hearing o his
voice who would wish to have prisoner executed for
murder who had capacity or responsibility. There
Was not who could wish one hair of his head to be
those who were well acquainted With the SAcss stiI he
beheyed that there o Of them who would harm
him If he was proved irresponsible Gentlemen OF the
jury such being the that dictates ON the
subject OF punishment which the defendant stands
slx Ds,sed you Should no. attempt to Judge him
Of man who has made medical science his study.
should have some weight in the matter mind disc ased
things man who i not sndowsd With sound memory
and discretion Is not IN the eye Of the law, capable The
pr sner at the time Of the occurenos Was capable OF
pot 81 spprecang the proper relation Of thipgsS Had
It that strength that capacity that would prevent him
selves that he killed the children but they could not
satisfy themselves that ho guilty of the crime Of
be on thsr heads In the investiga ion Of the sub
ject he would appeal more to the sense aud reason
ity The principles that govern the subject he would
endeavcr IN the conrse Of his remarks to discuss.
he would inquire whether there anything in
the conduct OF the prisoner that inconsistent
with his being imbecile The fact that he was able
to work-ths fact that he could converse common
who pleased hnthe fact that he gave money to per.
sons whom he did not know proof that he Of
sound mind, and not imbecie. Each and every Of
those features of his character consistent in sho wing
that he is irresponsible. 1t not necessary that he
work. and be capable Of having affection with those whom
he associated with but that consistent that he
had knowledge Of right and wrong A dog knows the
difference between right and wrong and Will away
from the whip when he knows he has done wrong Even
those who clearly insane have sense Of right and
wrong It Is said that he ought to know the extent of
own n air erulat 10
govern all questions The law is that but those
Who VINO sre guilty can be but those who
as far as the Judge the bench II they 20
far as to show the jury evidence of that law then they
has not sound discretion should not be punished Tho
law is, to make man guilty he must be of sound
sble they should find by the scientific knowledge Of
medical man Would the gentlemen Of tho jury give
Judgment against those who have made the diseases of
the mind their study Would it not be presumption for
them to do sof Suppose that of their family should
be diseased to whore would they go .would they go
those who have dssected the body from head foot
who know every bone, vein and sinew in the human
WIN ney woIla go 20 nm ana 30 In regard to this
Men who know all about the mind and who have made it
their study, tell US tnat Is one peiat
theyshouid not trust bis understanding any ether
Just like the diseases of the body they
They could not place any reliance what they may do
study ought to know best The learned counsel for the
State had said that any common capable of
n
did not think so they might form opinion, but it
should be opinion only To prove that he is responsi
BILE snd that he is mbecile the intention Of the
OBIien all the money he earned aud leaning on him for
support ke an infant conclusive that he is imbece
always, except when with Tim, in nlthy condition. He
did rot seem to care for himself. Again his asking
% or MS dsuser % d Mary for & wife he being man
net proof of insanity II clearly preof OF his being i'm
beetle and having asordered mind The evidence proves
fkafh nd had lnsfif
committed the fatal Great grief sudden calami
% aa m ws ss'ss
He concluded BY exhoftng the jury to nnd verdict
not guilty as the prisoner without doubt isnbscilo
and that all his actions, in this county and In Ireland
showed it.
Mr. Zabriskie then summed up the evidence for tho
prosecution stating in eloquent terms the Of the
murder and the circumstances attending it, He argued
that doctors opinions in great many cases. differed
and that they could not depend any school Of
science.
charge TO the jury ollowsThis Indictment said
charges that William eating the prisoner at the bar on
the alst December 1852 at the OF Washington
wiliuy al OF his malice aforethought did kill and
der Mary OBrien Whether he be guilty or not gull y as
he stands charged in the incicen is that upon which
you are sworn and charged to Try In order to convict
the prisoner Of the crime char in the nd ;tent
necessary that the State should your sasfac
tion First That Mary OBren killed by the prisoner:
second that the killing was wful and thtd that it was
with msce aforethought which necessarily implies that
the prisoner was possessed OF sufficient mental capacity
to cortitute him accountable agent Ind to render
him responsible for his actions The precise time and
manner of the deed is not material is it material
that should be satisfied whether the killing was with
the knife the 1t enough If you ara satisned
thst 'he killing doue with the the other or at
about the time charged in the indictment The learned
Chief Justice here went into brief of the main
facts in the case. The prisoner fed after commit
ting the murder, and was not found for two days
When taken, he at once admitted that he had
killed the children and stated his motive for doing it,
This statement he has more than voluntarily re-
peated Under these circumstances YOU will probably
hat Mars
Uien to her death by the hands the prisoner
through violence wilfuly inflicted Il will rensin for
you to inquire whether the killing of malice afore.
thought that is not whether the p was actuated
by spite or malevolence against the deceased Mary
OBrien in particular, but whether the killing was the
cictate OF wicked depraved, and malignant heart.
This inquiry, las already been said necessarily in
wolves another viz whether the prisoner possessed
OF sufficient mental CAPACITY necessary to entertain and
vent the malice necessary constitute legal and moral
guilt II obvious that in order to contract legal
moral cups blity, tho actor must be moral agent-a
being endowed With reason and powers Of reflection An
infant Of tender years ido lunati person from
any destitute of moral sense the power OF dis
tinguishing between right ard wrong merit or demerit
obviously neither contract guilt nor become the
proper subject Of human punishment Persons partially
imbece persons Of weak minds deitats of the usual
deg'ee OF intelligence, who fall below the ordinary
standard of human capacity may may not be capa-
the degree Of their imbecty; and this presents in
given question to be settled by jury whcth
tie degree of imbecility is such to the ac
cused Ia th case the real question perhaps may say
the only serious question s admitng that the prisoner
is person of less than the ordinary intelligence which
constitutes the average of human capacity did be pos
hen be committed the act, sufficient intelligence
and neral to render him answerabe to human i-
bunss for his sctsY Il worse than useless to en-.
baIras you, to perpex the with abstruse specu
a'ons with technical learning, this subject Our
duty is practical Whatever difficulties aud dis
tneons scientific research may have suggested the law
lays down clear and practical rule for your guidance.
1e test Of capacity prescribed in criminal es Is sim
Iy this Was the accused capable of distinguishing be.
taeen right and wrongS Was he at the
the commission Of the act that he committing o
crnef II he he segaly responsible for his conduct
In order to absolye the accused from guilt higher de-
gree of iubecility must be shown than would suni
cent to d charge him from the obligation of hs contracts
lie not to be excused simply because he Ia in de-
g'ee of unsound mind that he is incapable Of mana
eip9 his asrs with and HIS percep
tions dull his iudgu ent weak and his memory I'm
JARED The mind may be feeble, 1t may be partially shat
tered impaired by misfortune by age, by disease, by
ntemperanee and yet the party may be moral agent,
and legally accountable II he understands the nature
and cbara cer of his act and its consequence he has
knowledge that 1t is wrong, and has mental power sui
eent TO apply that knowledge to his case and know
n at he commits the he will do wrong and receive