The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-25

they were anything else than brother ana sister
stn my opinion sometimes varied on that point.
Captain H. Randall-Am Captain OF Yankee
Blaces know the prisoner was on board; had an
opportunity of seeing him; | did not notice him
particularly on the day of the murder; he looked
somewhas nighty, stirred up about something
Andrew Van Order, being SWORD, deposed-T
had no acquaintance with Avery previous TO the oc-
currence; saw him on the evening Of the occur
renee ms e9untenance was wild and his whole ap-
IearaLce indicated insanity; the conversation we
had was rather doubtful; Ientertsined the opinion
that he was labering undes high degree of excite
pent; his eyes sppealed to be Wild CLASSY aud very
brilliant; was storekeerer on board.
Cross, examined by Mr. Giassel-l heard hra say
something; came 70 me two hours before the occur
renee and looked for bottle of rum, from his ap-
pearance refused IT, and said would give it him
tomorrow; was sitting in the nzzen rigging; she
came to me and said he cut.ne to deatk y / ask
ed who and she said q my BROTHER" / did not
know much about her; in fact, did not like the
giri; she then staggered and fell, and Avery came
forward looking perfectly crazy; whom he came for
the liquor thought he was labosing under much
excitement, and that was the reason Of my refusal.
By Gov Foote-Aiter She occurrence he looked
distracted, and said, keep of, keep off-l'm despe
rate;" should certainly say his conduct was that
OF an ipsare man.
By Mr.. G,asse-I consider any man laboring un-
der high excitement TO be insane for the time.
by Gov. Foote-l considered his mind unsound at
the time
By Mr.. Glassell-Wha. mean by insanity is high
excitement.
Capt; Rand,ll-By Gov. Foote-I had an inter-
view view with him the morning after, and asked him
"How he came to stab the girl 2" he said, al knew
nothing about it'll stab nothing;' thought him
sincere; formed an opinion at the time that he did
not know what ne was about.
By Mr.. Glassel-After had talked with him the
morning after, formed the opinion gave.
DR.. Colt examined by Gov. Foote-I knew all the
branches OF the prisoners family, with the excep-
ton OF his father; number Of the members of the
family were insane; one committed suicide-another
died in the Insane Hospital in Massachusetts,; his
grandfather was man of enthusiasm; was a colo
mel in the Mexican revolution, and was wounded
mortaly in battle the grandmother Of this man was
named Huntingdon; her brother, named Levi Hun
tngden, was an intemperate man, and subject to apo
plexy the second cousin of this young mans mother
was subject to fits Of nsanty at the birth of every
but when heard Of the name, went to see him in
his cell, and when he told me the name of his
mother recollected that knew all his family;
offered my testimony voluntarily this morning; the
flow of blood, described to have come from the
wound in his throat, would have the effect of re-
lieving his insanity; knew Of woman who, in a
tit OF insanity, had gone into back room to COM
NIT suicide and after large flow of blood from q
wound inflicted by herself on her throat, she became
entirely relieved OF the insanity, and very anxious
for life.
Q.-From the testimony you heard this morning,
and your knowledge of family facts, what is your
opinion to the sanity or insanity Of the prisoner
at the time of the commission of this act2 cob
jected toy
Judge said that he might be asked whether, as.
suming the facts detailed to be true then on that
alphabetically, whether he considered him sane or
insane
Al should consider him morally insane-not
supposhg him demented.
By MIR. Glassell-He may have known right aud
wrong on every other subject but this.
By Gov. Foote-lt was sort of morbid illusion
he was lab0ring under.
By Mr.. Glassell-The insanity he was laboring
rnder was high state Of csstsment: believe
that he thought he did this act thinking it an
act that a man ought to do; presume that he knew
that he was doing an unlawful act, though he con-
.sdered it an act he ought to have committed; be-
Hevc he thought he was performing at the time q
moral right, though not legal right; believe 30,
because he took measures to put himself out of the
reach of the law; believe if he had been put in
irons before the act, he would have gone on till he
became completely crazy; would not call it mono
mania, nor general madness, but sort of moral in
sanity; his affections being fixed on the girl, and
having become jealous he was led on from step to
step to the commission Of this double crime; rely
upon my previous knowledge of the family, their
intensity, &C., and the testimony heard this morn
ing, for the opinion have formed; the jealousy
was the immediate cause.
Mr.. Goddard can corroborate the testimony of
DR.. Colt relative to the insanity of the family.
can state another case that was not known to DR..
Gotta young lady Of eighteen, who, while her
father was absent, went out and drowned herself
without any apparent cause. The insanity contin-
ued in the family for three generations.
The defence here closed the case.
lie
DR.. Swales was called by the prosecution and tes-
titled that on the 9th, two or three passengers were
sitting near the Purser's office; 1t was hot and we
went down to buy some hats, and said, eve can
get them painted;' we went down to the painter
Gov. Foote objected that this was not rebutting
testimony.
The Court allowed the witness to proceed, provid-
ed he confined himself to the relation of facts tend
ing to show that he was sane previous to the COM
mission of the act.
Witness-We left the hvts and went to get glass
Of ale, and the first thing saw was the glass fall
lin, who had gone with me, and the prisoner having
hold of him by the hair of the head and in the act of
striking him; pulled him away and said, "Ill al
low no fighting here" he then said, you must take
that back" and Concklin said, If said anything
about your sister / take it back" from that time
observed him; sometime afterwards he came up with
the hats painted, and said, you should have al
lowed me to whip that fellow" observed the girl,
that she was somewhat light and airy; the evening
that the murder took place Itook glass of ale with
him, and advised him to let the matter drops think
that it was nothing more than excitement and jea-
lousy on the part of Avery; think he must have
be true think his act was the result Of Jealousy;
do not think there was any fixed arrangement.
BY Col. Baker, know sufficient about insanity
e Gs msse" ans It % Mr. Pg k vG1ss s xSs @
moral insanity or frenzy; ! believe that man
worked up by Jealousy to frenzy is insane and does
not know right from wrong.
Question by Mr.. Giassel-Expain what you mean
by moral insanity. [Objected to and ruled out.l
A. 1t has connection with the heart and the af-
fections. From the peculiar temperament of the
accused, think these causes would be sufficient to
produce insanity. Moral insanity acts on the BRAIN
and is something more than excitement.
Q. How does this moral insanity act on the
brain2
A. It would make him for the time insane; it
was excessive jealousy combined with frenzy.
Question by Col. Baker, ask you for Q definition
of insanity?
A. It is q deranged state Of the faculties Of the
mind, which prevents man from knowing right
from wrong.
Henry Martini have heard the testimony; saw
Avery every day since we left New York to the COM
mission OF the deed; did not know him much; was
behind the bar when the doctor called for the ale;
saw him knocking Mr.. Conklin up against the side
of the ships the day of the commission Of the act
he drank twice and wanted more, but / refused be-
cause his eyes looked wild.
BY agreement, the case was submitted without ar
gument and after having bee charged by the Judge,