The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-12
MIRDEa TRIAL m BaookLYS.

Trial OF John MT. Tucker, sbr the Murder Of
his Child.
KINGS COUNTY COURT or OYER AND rERxfsER.
Before Hon. S. B. Strong, n. A. Moore, County Judge
and Justices stilwell and Stryker.
FIFTH DAY.
DEC. 1.-The Court re-assembled ut 10 O'Clock and
the evidence having all been given in on Saturday j.
Barnett, Esq, formerly Attorney General Of Indiana
and exJudge Of the Supreme Court Of that STATE pro-
ceeded to up behalf Of the prisoner His speech
in which lie examined the whole in all its bearings
occupied something three hours time. He inter
preted the evidence in clear and impartial manner,
and conended that he had succeeded in establishing the
fact that at the time of the commission Of the murder
the defendant deprived Of moral consciousness,
arising from disease of the mind called lunacy, and
therefore unable distinguish the moral act he
doing. He referred to the testimony regarding ntoxi
cation, and quoted " Roscoes Criminal Evidence to
show that although drunkenness was excuse for
crime, yet by long Of dissipation insanity
was produced then the subject responsible for
the crime he might commit. He also referred to
Woods Practice Of Medicine to show that symptoms
of incpient mania sometimes attacked the patient sud
denly, but likewise made itself evident in gradual
that Its progress could not easily be perceived
In its early stages the patient eager enthusiastic
and unstabievas fond Of speaking much Of MS en- n
nothing when at length he might become subject to
sudden bursts of excitement and commit violence with
OUT hOeQuAte CAUSE WAS not pOsbiOAe IAtner
who had always been kind and humane to his family,
should commit atrocious outrage, II in q sane
state Of mind. He commended that the prisoners in
sanity proved by competent medical testimony and
that there proof TO show that he drunk on
the day evening of the occurrence In conclusion,
he deemed that had been conclusivey shown that the
prisoner insane, and there was not veatige Of
reason why he should be taken out and publicly
cuted Hoping that the jury would acqutt the prisoner
he trusted another indictment pending against
him for attempting the life of his wife, that the
ssry preliminary steps would be taken to have him
placed where in his condition properly belonged
The District Attorney, Mr.. Underhil then addressed
the jury the part Of the people, and reviewing the
evidence drew therefroD the conviction that the state
Of mind under which defendant occasionally labored
brought by the of rum and opium
and that his eccentricities were attributable, not
to an insane state of mind, but to his
bounded selfconceit He nothing strange in the
religious fervor he Iabored under in Wayne county
his violent conduct in Albany the occasion testified
to by Senator Cross, any Of the other instances
brought forward to prove his insanity He in all the
conduct Of the abundant evidence of selfconcet
Fosgate cordial and rum but nothing of mental aliena
ton He therefore deemed him responsible for the act
he had committed.
The remarks Of the District Attorney were not
cluded till the usual hour for adjournment when the
court adjourned till tomorrow (ths) morning Judge
Strong win then deliver his charge.