New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-04-23

" A.
see him acquitted if he really committed the AZ, ..
so, accountable for its consequences Heuas..a
euogy on the privileges conferred by trial BY jurv
ne considered would be greatly weakened, IT, vbs, i
went INTO the Jury box TO pronounce life and deaa
would allow any outside consideration TO influence ~
the decision they would there pronounce The FIR, OH
10 be attained in Furnishing the guilty. 20 de,e, os
from the crime and the next to pacy that feeling Of puh
indignation which would break out into sponaneou, a.
ana reiiect summary justice criminals unless the a
constitution had taken the matter into their own hd
Another was to prevent the party committing ike cr
secOnu ''t anu aiso 10 c"nduce 10 his reformation No.,
OF these objects could, however be attained by tho nn
men of an innocent person and the man who VS. my,
by weakness OF understanding TO know what emil, be ~.
about 10 commit was unaccOuntable for his A.. and
seQuently innocent and % punish the innocen, ,yosT1
to commit outrage feelings of Justice md me-
paciy or sOothe them. Whatever the Indignation m,rt
among the people in the ne..borhood Of the scene A.
murder | do not believe that there Is one Of The mas
there who have been houIhed at the act would d. -,
execution the man he was at the time not an Ass
able beng and you can consider h. was IN sccOlnay
being st the time he perpetrsted the deed We ask ns
for l, acqWtial. The Counsel contended that mRS,
W., defined by tine common law 10 be the killing A ,
human being by person Of sound mind, memory And rs,
dersaudng and the statute law did not alter the de6aos
The Great question then If this man al the 6r
capahle Of perceving and knowing his duties 20 hm },
God sud To man. or hi, mind was 50 weakened and m
beetle As not to BE- able To- know these duties. II his nina
W.. 80 then he Is Dot responsible and D. IN,
r. considered that there strong proof he AZ
not lie Mr. b. would, however rely more on he de.
atcs al common IN the matter than 70 any bok
mud. al the Court already He contended that no.
enough that az times person would give ceAl0ns Of
knowing tie difference between right and wrong, ior tbs
knowledge was in some measure participated n by he
brute creation and how often do We see me dog
we. he ha, done wrong and run away from the whip xd
in sClc cases do We NOT see men achoWIeuGed' % De PEI
iecty insane agree on mott principles oil rSht ana Sms
v.tl men Of sound minds ami on some things pehape
one thius alone on which they disagreed, ami yet lev
were uuaccountabe beings He conte9'ed that ass
could be no ruc by which mems acts could be- applied
cases Of tbs description, Tor every case differed ols
from tho other. and 10 decide IN SUcn lnstsnas
thr eases came more under the aludl ton ai
treatment Of other professional men than those oi e
tor insane point You cannot depend on ms bing
sae on others or place reliance ON what such person
would do any time. disease OF the mind 5 that
~ tbe b.v: il sympathetic Ii is times ods
Govern violent case OF insanity Out IN r. are many c
o real insanity which are not 80 easily known, Tor INSANITY
lies buried sometimes in the su6lcc; TIL the KY note
struck which VIII bring ont the discovery author
ties from medical works t. prove that reasoning acuhs
in hc highest degree existed insane persons and the
cunning with which acts are planned by them IS
not eiuaed by persons m then, perfect senses
and that the prisoner being able 20 perform
some not rple manual alordd not prove his strength
ofud while every act Of hi, proved an incapac'y oRnd
and uuJ r>ard;ug ami the prisoner man sang nat at
tcuru ire did 10 the father ot Bu"n IN whose house no
,t,i Was b. YEARS of age without wages aud moved
socv rs such love 70 those N immediate cota't with HIM
q, !, the .a.c with domestic animals Inc counsel also con-
tcndoJ the regard he showed to Inn . Bren IN coming
Ni;h hiu TO TN, country, ANA GONG nome again when no
rDvd ut lind him. ana coming out here again after him and
giving "a his e1mngs 10 Tan orte purpose Of having him,
setttu cre o. Es passive obedience TO those near him
and his constant childish leaning on hearm II another
i,r protection conscious, ot ms own weakness.
The demanding ot the money from Bren after he had
MADE he arrangement with HIM and had gwen upto
him also proved that he an mbece for ne acted Just
IN the same manner children do when they ask back
one moment the very articles they had moment before as
II were bestowed YOU His nsensblliy TO pam when his
foot Wa, rotug and falling of HIM went TO prove his inca
Iacity intellect The counsel also contended that tho
greatness of the crime in numbering the children 20 pu'
the father tor 80 slight cause that OF being refused
money, WAS additional evidence OF his lm0ecliy
Nj Zabriskic then addressed the jury for the prose
cuton and commended that this murder, instead OF
being the act OF an imbecilc. was one OF the most
hcriiyng crelties and although he anxlou>y watched
through tie whole case tor any single ray 81 evidence una.
Woua lead 20 suppose that there abcrra;Oa OF nnt
ut could not find it, He contended that if the doctrine oil
insanity and weakness OF intellect laid down Ivy some
Was to prevail there no one could ever be con
cte,, tor there n' er was crime committed rom the hI't
ulrler down 10 the last but done at time when the
mind was net properly balanced but II God i'it law 10
be- observed under pain OF punishment here and rcatter'
such Ihcorc, was propoundi could not prevail iness
writer, OF eNcu,mg crime the plea o insanity would
overthrow all order in society, and then tho oy question
,Lou b, in such Of the extent OF 'apaity as
coudno italia nccessit Tor gong into arennemen'
ue>r ilttcr-hc question I'D h. know what vas wrong
i what was right when he committed the act anll! he dd
il would not do say that the men We do not CONSIDER Oh
tho same capacity of intellect as ourselves can 80 about
and kill ourselves and children, and commit crime without
punishment and which every one Is liable VINO does not
act 30 strangely TO require beng Locked up LOT SOCIETY,"
did mot reulrr the protection OF the law IRON lle nshly
intellectual and moral or from the crazy, whom we can
lock mp but from, he feared the majority who without
moral PRINCIPLE moral culture, or rightly balanced mlnas
and who were restrained rom committing cn'e oJ "
fear of punishment.
The Counsel continued to speak till o'clock when me
Crrt too recess The Court rcasscmbled at 2 O'Clock,
when Mr. Zabrskc resumed his address, after WHICH INC
.sl... -. Let .la gs,,dfh p "A follows:
This indictment charges that William eating tle PRISON
Graf the bar on the 3lst December 1872 te lown'1P
IF Washington wfuly and of his malice aioeihougi. ao
kin and murder Mary . liren Whether ne oe gunV =.
NOT unity A. he stands charged in the Indictment Is S'
upou which Won are swor and chareedtouy' lii
In ORDER to convict the prisoner OF the CRIME charged
tl Indictment il Is necessary tlat the STATE sho
f. vour satisfaction: FIRST That Mary Ol}rien was klnsi
by the prisoner: SecOnd That the killing was wni ant
Ikird that il il with malice aiorethougil "" 49,,
,ary implies that III" prisoner was possessed " a" and
mental capacity 10 constitute HIM an accOunEo" "s7
10 render him responsible for ms actions ..l
The precise time manner OF the deed IS no S ,hs
nor j il material that you should be satshed N 81 T
kius was with the KNIFE OF the AK. II IS ehousN !ha
are satisfied that the killing done with the one O' "0
otlcr Al or about the time charged IN the indictment
m. learned Chief Justice here went into 0n1 'o
of tn main facts in the case. Inc prisoner n ~ When
ttip9 the murder, and WAS not found Tor twou LaI,en
taken he AT once admitted that he had KILLED e
and stated his motive for dong IT, ms sN'c"'
more than voluntarily repeated ,b,v have no
nder these circumstances, you VIII pIoVWsoy 0I,reu
dhn,t in arriving at the conclusion that h@y onb
cam 10 her death by the hands of the prisoner
violence wllully inflicted. ..o LTras was
Itvreman for youto inquire whether INC ,Ss or.Ouer
&c ,aiir atorrtboueht that is not whether tne psed
wa actuard by spite or malevOence against ts soT was
Mary Eren in particular but whether ug isat
ibr dictate of wicked dcprayed and MAJ Involves
This INQUIRY has already been SAID nj sui.
another viz whether the prisoner was sSg vent the
Gent mental capacity necessary to entertain rat Is
aice necessary to constitute legal ana nr aIoab
. o..,tr 4 lpQa -,
cS n be- SrdeT m no eGIaG endowed v s
rcnsnn md nnWcrs of reflection AN Ihi destitute q