The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-06-09
d.
LOCAL MATTERS.

| woodward concluded his opening for the pTosecu
ton, and was followed by Mr.. Thompson for the
defence He had not finished when the court ad
journed 80 -, :. ....s .-,,er
| The counsel for the defence having prayed Ger
tain instructions TO the jury, they were granted in
modified form, and are as followsi a go
lat. If the jury believe, from the evidence given
in the case that the deceased destroyed hefself or
arc uncertain whether she did not, or that some
one else other than the prisoner might have killed
her, they ought to acquit him. If she killed her,
self of course he ia innocent OF the charge; or III
| you think it matter Of doubt whether she Ola
/ 50 or not, or whether some person other than
the prisoner may have killed her be ia entitled to
| your verdict; for if reasonable doubt on any fca
turs of the CRIME material to ts institution exists
in the mind Of the fury, the lay requires his &C
,,,s...,,ta Toaushorize you ~ convict on circun-
stantial evidence il is necessary that the inference
of the guilt of the prisoner should e1olude every
other inference
| ID. II the jury believe, from the evidence tney
have heard that The prisoner killed the oecea'o''
and that he did 80 In ht of "madness, insanity,
lunaey, or frenzy he ought to be acquitted. In
order 10 constitute crime, person must have
Intelligence and capacity enough TO have crimi
nal intent and purpose; and If his reason and men,
tai powers are either go deficient that he has
Will, no conscience, or controlling mental power,
or II, through the overwhelming violence of men
tai disease, his intellectual power is for the time
ooi'erated, he 10 not responsible moral al ent,
ton Of capacity must refer to the particular act
ictfh ictch he Is charged In order to be RESPONSE
BILE, be must have sufficient power of memory to
recoect the relation in which be stands to Others
and IN which others stand to him; that the act be
is doing is contrary to the plain dictate, of ustice
and right, injurious to others, and a violation of
the dictates Of duty Insanity caused by drank
enness, II the party is not intoxicated at the time
OF the commission of the act, excuses as much az
any other species of insanity contracted nvolun.
tarily. In cases of delirium tremens or mania
potu, therefore, the law excuses the act provided
the party IS not drunk when it is committed. II
tne defendant was iaborng under the deficiency of
mind fret stated or bad not the capacity stated in
the second proposition, or was afflicted by mania
pou when the ect done. he ought to be ac-
Quilted, notwithstanding any threats he may have
used previously. Drunkenness is of itself no ex-
cuse for any crime. 1t is, however, fact for the
Jury m connexion with all the rest of the evidence
in the cause.
Sd. The above instruction applies to this prayer
anu answers 1t as to insanity, 1t is only necessary
to add that If the defendant so far deprived of
his reason as to be ncapable of forming an inten
lion to murder, and being so deprived inflicted
the fatal injury in sudden heat and passion
he ought TO be acquitted, no matter what his
threats or previous expressions may have been
Tor the deliberate, wicked, malicious design must
exist at the very instant of the commission of the
act, and be the motive for committing it.
4th. II you believe from the evidence that the
prisoner took the life OF the deceased, and was at
the time of doing so of sound mind, but that he
was IN transport of passion which for the time
controlled his conduct, il would reduce the crime
to manslaughter, provided there adequate pro-
vocation, notwithstanding any previous threats or
expressions be may have used.
PRoPERTT SALE.-Boteler auctioneer, sold at
auction yesterday afternoon lot No. 6, in square
SIC, containing IL, so square feet of ground, front
ing from l25 to 1870 feet on Maryland avenue, to-
gether with the Improvements, consisting of
handsome frame building, with extensive back
buildings, and, as the advertisement said ''admi-
rably calculated for an extensive boarding house
or tavern" 1t was chancery sale; James Bur.
dine and wife, complainants, and George, Mary
Ann, and Rosalie V. Sbeckel defendants. Pur-
chaser, Mr.. Frank Harry, S6,O75
Boteler also sold lot No. 5, in the same square,
containing about nine thousand square feet front.
ing on Second street, for twenty five al quarter
cents foot. Mr.. Henry Willard purchaser
TAX ON BAcHELoRs.--An important movement
was made By Mr. Pepper, of the Fourth Ward, on
Friday night last, which unfortunately over
looked in the great mass of business transacted by
the City Councils previous TO their sine die ad
journment. The proposition which be submitted
to the lower Board was 4 q follows:
"Rssosrtd, j hat the Committee on Police be and
they are hereby instructed to inquire into the ex
of
all destitute orphan children by laying a special
tax on all bachelors over twenty five years of
age.'
Mr.. Pepper is himself bachelor, lover .stwen
ty-hye," we presume,) and therefore the move
ment to tax those who have, from necessity or
from choice, remained single until they are s.over
twenty five years of age" is the more commend.
able His resolution was, however laid upon the
tabie-yeas nine, nays seven-the majority of the
Board not sympathizing in the benevolent object
of "the gentleman from the Fourth Ward"
MIR. THoRsLBY, the recently-appointed warden
OF the pententiary, entered upon duty yesterday;
and we learn that the new board of inspectors
elected DR.. Garnett physician to the institution,
in the place of Or Noble Young
WAsHINeros NATIONAL MoSUMEsr-A fine
block. stone for insertion in the column, the
contribution of the State of California arrived in
New York on the second instant, and ia now on
its way to Washington from that port, by sea
being too heavy for "express'' by Adams and
Company. This firm, however, has notified the
Monument Association that il shall be delivered
in this city without charge for transportation.
block OF marble has been prepared for a simi.
lar purpose, by the Cincinnati Independent Fire
Engine and Hose Company, but it will be exbib-
NoN Nv VIC S'cot iaif IN NEW 4 OFk before 1T
cent on to Washington.
SUMNER HUI, in Alexandria county Virginia
three miles and half from this city, comprisip o
one hundred and fifty acres, and handsomely i'm
proved, was, we learn, recently sold by s. s.
Williams, esq at private sale, to Major Toch
man, for $l3, 500.
THE CONTRIBUTIONS at the polls, on Monday in
aid of the Washington Monument, amount, in the
aggregate, TO Sl96 IS, including SIS "a from the
Seventh Ward, which was unavoidabIy omitted
from our statement of yesterday. ,.sl..5s,
SohMissioNEa EAsBY AND THE Lone BRIpeE-
Inc following handsome compliment ia paid to
MIR. Easily, the late Commissioner of Public Build
ipgs, in a communication to the National Tn,.u;
gener of yesterday:
MEssas: EDiroRs: Through your kindness, we
as virginians desire to make known to Cap,ain
Easily cur sincere and unfeigned thanks to him
for his great skill and energy in repairing the
Long Bridge In go short time. This extraordi
nary feat has very far eCipsed the expectations of
all with whom We arc conversant Our th,nks
are also due the companies owning the two roads
leading to the bridge for the perfect order in which
those roads Lave been kept at all times, when tho
bridge has been in passable order. We are in.
formed that those two indispensable horou bfa roc
pay bot very sma per centage on their ORIGINAL
but that the at ia A