The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-04
SllerIN's Court.

MS counsel the the time
very able defence the convicted and sentenced
10 undergo the extreme penalty OF the law.
Even hen Mr. Morrison did not abandon him. b.t made
very saching investigation for facts regarding his
disposition and mental ament before the murder
and since hts trial the result of which led him to the
conviction that Mary either insane BY
Of his brain monomaniac, which caused him
nit such deed and that he not. consequently
eounia tie t. the lav for the act.
Mr. Morrison then applied the Governor who granted
commission 81 inquiry to be taken before jury of eec
tors, as provided for in the statute
The court assembled at four O'Clock. under Sheriff J.
G. Wnett piesid In the alb cree OF Mr. Orser assisted
by his Honor Judge Edwards. b. Blnn Esq, District
Atorl ey, attended upon the part OF the people and Mr.
Morrison appeared or the convict large number Of
Jurors were in attendance.
were excused at the suggestion OF Mr. Blunt upon the
ground Of entertaining conscientious crupes regarding
The expectancy OF puEishu en BY death &C. &c Neary
wa brought into court by special officer He looked
uch improved in appearance since the Of
ners inquest and remained calm aud unconcerned The
following gentlemen were sworn upon
THE JURY.
= Titus n odee, VA Moore;
Willis IN Delew, v. II Holt,
Mortimer Ii Hamilton, John b. Hllyer
John :. March, Cornelius Oakley,
Albert Spencer c. H. DelAmatcr.
Mr. Morris said that ne had witness TO examine
before he called upon Doctor p Earle testify He
that The otctor forced leave at Eve O'Clock
in the boat but the testimony Of this witness would be
important in enabling the doctor to judge of the pre-
disposition OF the convict that he Mr. would wish to
have him lrt sworn Tie Court then recorded the .o
lowing
TESTIMONY.
Edward Neary sworn, examined BE- Mr. Morrson| an
the OF the. convict Thomas NeaIy; Iecolect the
time he made tbs attack upon my mother, Of which she
sub. equenty died
o-Did your mother say anything to you of his pre-
vioue conduct towards her?
Mr.. Blunt objected this question II we'll settled
by Judge Kent that this had othipg do with
any Thing which occurred before the conviction.
Mr. Morrison Gained right to put the question, as
showing how this insanity developed itself, and q
Means If enabling the doctor TO form opinion.
yr. Blunt alluded to Judge Kents decision in Russells
aht fl.a ayJHp tn Al 8,tt, L
the court held that he any should be shown have
developed i.se after the conviction of the prisoner
An inqoisiion such this had nothing whatever to
do with noponaria, nsonid po'n illusions delusions,
or oihe mental teans emens which the prisoner may
have beo subject before trial AL these facts well
kro~n at the trial for the crue, and may have been
urged by counsel then. The jury having convicted the
man. II Was conclusive his state of mind before the
trial
Mr.. Wile't ruled 10 accordance with the ds; sion
coIeeo de would enter upon no examination of the
self 10 what occurred since his conviction.
Witrefs went on by father raid when numbering
mo'her that III Peer Tsnsey came in thea ne would
Pipy Earle. N, D sirmed-I visited the prisoner
in prison for abou, hour have particularly eevoted
my attention 10 ses OF the insane have had about
fl cen hundred insane persons under my deten,
times; Lave yised many Institutions for tie insane
coIh ia Europe and In this country witness in the
case Of Russell and Klein, in this city visited this
ard have seen letter porting be written by tie
PoLer 70 bis counsel If that letter be genuine and II it
be Lot tue that Peter about the hoae that
light stated in That ette should think the 10
sane do not suspect that he fegnng arity aud
the reason why think is that have evidence he
Is; IL that letter directed TO him and il he feign
ing in snity, hLk would be able detect it;
knew this # insanty feigr there case
On record OF IT; always object to state my opinion Of
this form Of int snity the witness stand to say
neither it is mania or melarcbolia think that TIE
convict Is more mopamapiac than sniac; IL per-
son had access to him in writing the letter and Peter
1ansey not around the house at the time stated
should Think him insane
Cross exs mines by Mr. Blunt-My interview with the
man lasted an hour and, Throwing the letter about
Peter IapseJ aside there not in his
actions or appearance, ANYTHING which would lead me
20 suspect that be insane; that letter sent
through the csunel for the convict Mr. Morrison;
intelligent in fact, than had previously aained
or anticipated questioned him closely bat did feel
bis pulse never heard suggested that he insane
! do rot think that his examination would lead
to think him insane; taking the letter a. true and
looking at bis indifference to his impending fate in
connection with it, ] should consider him insane:
have heard lura,ics On scientific subjects and
be at the sane time iosane and labor onder hal
telling bis ito lie down he would kill him al the
time he was killing the mother, inconsistent With
bis insanity; there is difference between isons and
deiusions cannot account for the Of similar
sen eLceS in the letter 10 the District Attorney
letter referred to As icdcstons Of in aoity.
The doctor then left, and Mr.. Morrison made q long
address to The jury upon the history Of the case his
connection with il. his Interview Sitn the Governor
the relatives OF the DECEASED woman and Neary. The
chief par. of the argument referred facts anterior to
Tie trial. which vas AZ variance with the ruling OF the
Curt
Tfomss McDeimott sEorr- Examined BY Mr. Morri-
senl am s'ore cutter; have known the convict for
about five and thirty years. be slept my house in
the latter end of asst October
Questior-What bis cond uct them
Objected to BY Mr Blunt upon the previously cited
thori'y and ruled out The witness then left the stand
John Neary ssorn Examined by Mr. Morrsoa-I am
brother Of the convict have visited him since his
conviction and fentence ABOUT hour aud half
with him; judging from his ion and acts
him dtuI bed in his mind regarding Tansey aid that
Tanser, Thomas Rourke and would be frequently out
side bis cell DOR fghtirg neither Rourke fansey or
bad been there at all; he had luminosity Tansey
concerning money that Tansey had taken from him. he
,aio this BY reason Of the little insanity that used to
work through his mind he told that Taney had gone
70 Mcermotts house to take his life and that of his
children he also said that Tapsey had been previously
outside Of his door for the purpose taking his chill
drens life but that he the convicte 10 McDer
motifs house; he told this on the morning after
the woman, the deceased deceived him. and that cau.ed
bis insanity he told me no in the prison. have
only seen him once since bis convicton was only al
lowed TO the door be said that Tansey frequent
roying him he told since his sentence that Tansey
was frequently at the door wanting to kill his children;
Tansey vas from neigbborhood in Ireland but
oever vas in this part Of this country since he took the
none! rom ne eohvc' the money was eghI dollars.
trial and knew then all the facts nov tell; was not
eaam,red as to Them then; woman examined who
nation
Henry Morri,on s.orn-I was assigned to defend this
man. visited him before the trial he made state.
ments TO me. Under the ruling Of the Court these
statements were rot recorded However Mr. Morrison
told them and proceeded After his conviction OF
wished to see me; went to the prison. and told him
there were hopes for him. he reasoned very sanely
upon his fate, and said he would prefer death TO i'm
prsoDment for lfe he told he did not wish for anv
interference with the Governor he said that he never
could be Of any TO his family he said he had spoken
10 the Sheriff, and that he had letter which he
wished published after, before, the time Of
his execution he produced envelope from his bunk;
y directed to John Orser ESQ., Sh srf waited upon
the sheriff, who told me tat he thought there some
thing wrong in the mans head went back and inquired
OF the convict for the letter In order TO send II to Doctor
Gilman In order that he could have criterion by which
ne could test the cord OF arrangement In this mans
mind he did show any alacrty or wish to give il TO
me al CT little time got this letter from him. mr..
horson read the letter but at request OF the District
attorney viii not be published until another stage Of
lie IL. i-qu,ry asked lin how II la. ~hsa
n uIIch LII - IL