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

that h whioh massiculsscn b just nov being under
goss Ii Ksneas. We cen only hope that expert.
ehce VIII do its proper work in curing folly.
A Pitlable Case.
SENTENCE OF JAMES PATTON IN NEW ORLEANS PoR
MURDER.
from the New Orleans Delta Dec
James Patton, long respectable citizen OF New
Oresrs, who. more than q year ago, murdered ON
the streets the venerable and estimabe Colonel
Walter Turnbuil, master warden Of this port, WAS
brought up In the First district court yesterday TO
receive lis sentence. The charge produced in the
aspect Of Mr.. Patton by long imp risonment aud by
the secret mai,ay which bas doubtless pTsysd up
to produce sorr0xful effect upon oil his former
friends and acquaiDtances. His hair has turned
quite grey, his skin become psrched, and his fsee
sy Sv tbs
glare of . dethroned mind. His appearance, as in
the time Of his prosperity, when, a citizen and
high official be moved in the best circles, respected
for his integrity and good healtedness, was gentle
Mr.. Patton, it win be remembered, was found
guilty Of murder under very peculiar circumstances.
His victim, Colonel TuInbull was very aged gen.
tieman, of the most harmless and amiable caarsc-
friend and adviser and, what was very remarkable,
he was entirely unasquainted with Patton's wife.
Patton met him coming out Of an omnibus. and dis
charged three barrels OF revolver into his body,
with the air Of fanatic, then sought police
man and surrendered himself, declaring that he
had ample cause for the deed and would justify
1t ON the trial. It was well known to his friends
had been long feared and apprehended by all who
knew him. It had been for years the common town
talk that, though sane on other subjects, Patton
was possessed Of o decided monomania In reference
to the supposed infdehty Of his wife, one Of tie
most irreproachable ladies' in the country. He had
manifested this unfortunate alteration by acts Of
violence ard threats against his best friends, some
Of the most discreet and respectable among our cti
zens The most judciOus and careful measures were
mployed to cure him of his terrible malady But
II In vain. The monster, Jealousy, dominated over
every faculty and affection, and led him to find con-
ffmation OF his wild and baselass suspicious Incl
dents which 50 T from to enars
opposite conclusion. He haunted the house In
which bis wife resided night and day; he logged
her steps when, as Was rafe indeed she ventured on
the streets; he suspected her physician, her rela
tives, her own and her best friends of improper de-
signs and frequently rushed into the quiet little
family circle where his wife sat surrounded by her
family and upbraided her in terms the most savage
violence for Der alleged improprieties.
This unfortunate state Of affairs continued for
several years. Meantime. several attempts at
violence were made by Mr.. Patton against his own
relatives and ultimate friends suspicion Of their
intimacy with his wife. He ought, when these in
charge Of BY thoee Of his friends who were cognizsnt
of his infrmity. In other words he ought to have
been placed under mmission of lunacy years ago.
The neglect Of this duty produced the death Of an
estimable Citizen
Before proceeding to acts Of violence, Mr.. Patton
called on several lawyers, and laying before them
well written narrative Of all the which
he relied to establish his charges against his wife,
desired to have 9 suit for divorce brought. Tne
lawyers Immediately discovered his insanity, and
refused to have anything to do with his case. After
this, the life Of Mr.. Patton was quiet, secluded
one. Holding the responsible cfice Of Tobacco In
spector, he performed the duties thereof promptly
and intelligenty. His friends hoped that time and
business duties would wear out of his mind the poi
son which had infected it. They were aw0ke from
this 6elusion BY the appalling news Of the murder
Committed to the prison, Patton's dsmeauor, be-
fore and since bis trial was quiet, sedate, gentle
manly and correct. There was only one occasion
when be deviated from this course !: it was when
his poor wife, hoping that reflection and his awful
situation had extirpated the foul demon which pos
sessed him. proceeded to the prison WITH his little
children, and prayed to zee him. When their desire
was communicated to him he few into the most
violent rage ana uttered the bitterest curses upon
his innocent family.
Having employed eminent counsel Patton sup
eating the line of defence he wished be pursued.
His able counsel, under their professional and Of
fl ial obligations, 20 employ all pleas which might
avail In his Defence appeared on his trial and pro-
fish, in the most conclusive manner, the insanity Ct
the accused. Then eDsued an extraordinary scene.
Patton arose, and in violent manner declared
that re had be en- betrayed by hls lawyers that re
coed with bis own case; that he was as sane as any
man in the court. and would not abide by any such
deterce. Here was confrmatory proof to sustain
the plea, OF which his eminent counsel stated they
possessed other satisfactory evidence.
Under these circumstances the obvious duty Of
the judge to disregard the rawlings Of the
ed, TO protect the counsel In the defence Of what
they bad to set up, az officers Of the Court. or
his counsel thould have been received as prinia
acie evidence of the fact, be had not the will to
discharge his counsel, and was utterly incapable Of
conducting bis own defence. But Judge Robertson
ton OF his counsel and against the most satisfactory
patent evidence, and permitted him to be tried on
his owe pleas, which even IL sustained by facts,
were no defence at all The trial was therefore
melancholy farce and the accused was convicted Of
murder, wnen every man on the jury, and every one
In the court knew that he was iDsane.
Such occurrences are well cal ,ulated to bring
courts into contempt. We have not the slightest
doubt that the error of the Judge proceeded from
went of experience and logical discrimination. Blu!
it is certainly very grave error. This was made
powerfully manifest yesterday when the accused
sas brought up to be sentenced. When asked what
be had to say why sentence shOult not DO pro-
noupced upon him, Patton drew from his pocket
volumnoDs manuscript, which he proceeded to read.
II consisted Of most minute narrative OF hundred
little INCIDENTS, running back for TIE last ten
years-which he appears to have carefully note
down in a memorandum book--incidenis. in many
cases, Of the NEST trivial character which be jnge
p'oBsy blended together for she purpose Of show
ing improper intimacy between his wife and her
brother ip-sw, distinguished and most estimable
planter of Attakapss; With bis associate 10 bust
ness, another respectable citizen Of Baton Rouge,
ar other persons.
Nothing could be more conclusive than that this
was the rigmarole Of q monomar lac; but the Judge
then, before lii finished, interrupted him, and
proceeded to pass sentence upon him of mprison
inert for hie. Everybody felt that the judgment
ought TO be "cf bft emenJ in madhouse" Instead
CT Grimm ii trial, he should have been placed be-
fore q commission of lunacy. The accused received
the senwDcs with perfect indifference, but appear
ed mortified that the Judge would not hear his mar