The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-31

ideptned win tho forgery that in your jufg-
ment the facts satisfactorily proved with eli the surround
Ss s upon h M
nosence, then would be unreasonable TO Acquit MIN;
tn 70 w In that event. DO reasonable doubs OF his
guilt IT, gentlemen, you should the conclusion
that tho accused dd not hmseswre the signaaure Of
Phelps Dodge o. 10 ihe paper under cons tsFaton
win proceed to determine whether h proved beyond all
reasonable doubt that he had the forged instrument In his
. . O. % :rS uttered
II you should nnd The accused 70 be guilty Of this chArge
he would be liable to the same punishment thai he woad
have been he had been convicted OF the actual orgery
The latter proposition subject 10 this qusdc asion how
ever thsuf the evidence wusy you nndng thai the
oous Of trade for "a valuable sSsa nis Ut
terng Of aer notice OF IT. forgery With the intent 20
require Of you nnd him guilty Of forgery tho fourth
degree To find him guilty under tho two last propos
tons you must be sai:sd that the accused had posses
zion OF the forged instrument A;tes the for
gerry Yves complete; that he either know II to
be forgery, or was acquainted with facts and
put m ordinarily cautious inquiry about Its genu.
neness, while It was in his Possession and that his pos
fraud some person "by utteriDE or causing to be ut
tered ~ true The essence Of the crime Of forgery
The mere Imitation Of anothers writing tho assumption
ef name or the alteration Of an instrument where no per
oferse.
An intention s purpose formed in tho mind. II is
must find tho fraudulent intent Inference dra
from these sources The same may be said of guilty
knowledge; must be inferred from the acts and docA
raOps o the relating subject about which
the guilty knowledge ID imputed Under woat circnm
% o ~
complete when received BY himf mot, was It, when
he parted with it perfect In what did the cnangs Coz
sist What his declarations when charged with she
forgery What did be do with the paper Had he oeer
forged paper These are inquiries proper 70 be epter
tanned upon the evidor determining the motive OF
the accused. either IN making shall
satisfied that he forged It, or in having possession Of It
.s rs Is ys1 1Srs = ns
division OF the offence With respect 70 the
%.sDns Of s,. -: word !, Ssr .,,,, . ussd IN the
yers, and has also been manifested in the oourts In
England IL has been adjudged in signy only
counterscd Dols, which was to be redeem ID sI fa
ure oay not such passing or uttesng :. The ststute
this question arose, the Judge ssys- .fs' .sTs
uni ne paper and comes Asnds
agent or seryan Thus where note with forged endorse
individual in another county for the purpose Of o6tiung
credit upon H. I the crime Is not scnsumm.,ed until the note is
In this the roe not sold, but deposited
curty for the loan Of money may be regarded as .
lutte title 70 the note in the lender fraud il - eec
tualy committed In ono case ~ in the oher and there
perceived well defined reason, upon the strict
rule OF construction applied TO criminal statutes for
distinction In law between the tive methods OF
accomplishing the Same fraudulent result. II you shall
alton Of al the evidence bearing specially the distinct
charges Of forgery with apparently guilty kno wledge and
oss your sSors in nj case sSs y You shall ns Ss able
70 consistently reconcile the fscs bearing exclusively
ihoss ch,rses with the nyposnesis Of Innocence ssd
those ssues against him, will then become your duty
to consider his other and more aostruse dsence OF In
sanity. You doubtless need not TO be told, gentieman,
that the person bsreft Of responsible
for bis ac. deprived Of MIND man i but IN automsuc
afflicted Of guilt humbly and obscufey im
the perfect nstce Of the Dey. Insanity eutAl
son Of the civil and criminal tribunals ot s soiighasaSd
government :abe proesaors In all the learned proes
aminsd tue srcurs and junction OF the human system
the laws and operations Of mind the relations Of each -
the other and their mutual influence as united organism
,ectness by practical illustrations ami logical deductions
from siab ned data these results the Courts have mover
ished 10 sanction ~ soon - their learned authors
agreed among them elves the subjects, and prac.
iical experience anested their certainty. Acting In this
spirit tina theories Of the schools the subject OF iu
ssry approved by the majority OF the ea ned In that
department Of rcierce have been from time 70
and smors toe rules Of evidence and law
BY many JUDICIAL decisions England and this STATE
sanity has been considered under the distinct heads OF
icoey, adventNous aud voluntary insanity With idocy
Adventurous or accidental nsany has been denomIaat.
ed, In judicial opinions monomAnia insanity
others and ,osA or general on ali subjects rhe courts
have also sancponed the dvision OF insanity into
ana nsa0 m ,ne IN s'sr cess nsc % csea
be usefn Il had tho necessary time st my command,
to remark particularly the characeriscs o these ds
tincrops have referred 10 them npy TO aid you In
understanding clearly my snbsequont remarks
the sest or insanity adopted by tho courts. Oar pur
pcse being practical and scienuac search being
for legal rccosntons and not theories. feel bound 70
charge In conformity with the decisions Of the courts
which have authority 70 declare ne a.. q tho psTsalsr y
ence action therefore, must be governed by legal ad
publications. and By the theories and specalatons ofthe
schools THESE scholastic theories and sp cuations may
lie sound, and may Indicate better test OF truth in
OF insanity than the existing rule Affords; but until the
proposed substitute shall have been sanctioned and
adopted BY the only legitimate authority must al
here 10 the old rule OF decision Insanity dcs bed By
rind, deraneed, diseased or unnatural 10 ateect ay
the same authority insanity II also distiugulsned
general and partial extending 70 ell suescs or conansd
70 few subjects. Ioa win therefore observe nat
the law on this subject, az present administered,
yards II whether general or spscal as derzngement Of
principetbe spring Of MOVIES aud paaslons Tocoast
iuie . mpete defence, insani'y ~ partial, ~ mono
accused Of the guide Of reason IN regard u ne srt with
which he Ii charged, and Of the knowledge that he u
doing wrong in com mi.tng T. IT, tno~gn somswost do
the pasttular case which crime ID imputed him,
TO know that he dong wrong, The acs criminal IN law,
prisoner that insanity either general special may exist
and the subject be totally unable TO control his actous,
ny posSs o. snss n
thus Afflicted may be capable Of reasoning or supporting
argument ON any subject witbn heir sphere OF know
ledge. In . more practical scnse, ls claimed that
person may steal your property burn your dwelling,
murder you, and kno thst NE decd criminal onencc,
and that he viii be punished II tried and ooavctcd end
may be able 70 the subject, and yet be guilt
less the ground Of insanity. This siicnon has
civcd the OF moral insanity because the natural
eelingS affections ncllnations temper moral usposi
ious only are perverted while The mind, The sea Of
volhon and motion, remains unIrnparcd win nos posi-
lively assert that this theory y mot sousd II may be
recsncilsble with moral responsibility for human coaducl
but reluctant 70 confess my own mem1al mmbny
spprecass tho harmony bewcsn the two propositions,
Hexst. This theory may Afford move inst arA m.
standard BY which 70 test The presence Of insanity
than the adopted rule but until the proper authorities
sanction the change, the theory rropossd canna Be
reQnsded here Win these views Of the law In your
minds you win consider tho evidence OF the med sa wt
They gentle men Of deservcdg high positions
and profound learning and their opn ions on question Of
insanity entitled great respect Tho evidence whicn
they have given 70 oompstens and pertinent on thas
question, and you viii regard 10 In connection IN
the other evidence ID tho offered on thai point
this trial but proper and perhaps necessary that tbs
Court should remind ycu that the medical wnsssses
hvuoA And