Evening star. [volume] (Washington, D.C.) 1854-1972, 1858-05-01

1eallsiactorily on the same day
CouRT Trial of BENJAMIN OH,
'as msrdr Of John W.5b -After o,r ,.ro-.
Yesterday, the evidence on the mart of ,bs
=, was closed blythe sur-rebu,t,no evidence
OF George Ellfs e''ue"'e
LOWING tns,i LOT the defence then asked the fol-
the n,in .ne ynr, believe from the evidence that
menfion.d - the time he discharged the gun
a consult. , an the indictment, was la6oring under
for tn, sntonai, or nther mental disease. which,
res, time, controlled his Will, then he is NOT
a yonslole for the consequences Of said shooting
nior ihe act Of shooting, and they ought to
Upon this instruction the Court remarked. as
follows ~
This instruction cannot be granted as present.
.u,, ,1, according to 1t, anger might be held to
ehIltie the party TO exemption from punishme mt;
nut the jury will be informed what the law as to
insanity is 4 great English Judge has said, on
England. % Car J. r. r. 533,J ssif the prisoner
was lahorIng under some controlling disease
which was, in truth, the acting power within
him which be could not resist. then he will not
he responsible" And again, 'sfh- question is
whether he may be labOring under that species
OF insanity which satisfies You that he was quite
unaware of the natu'e, character, and conse.
9uence Of the act he was committing; o., in other
words, whether he was under the nfuence of a
diseased mind, ard was really unconscious at
the time be was committing the act that IL was a
crime "A man is not To be excused from re-
sponsibility If he has capacity and reason sufi-
cient to enable him to distinguish between right
ana wrong. as TO the particular act ne is doing;
knowledge end consciousness that the act ne
81 doing IL wrong end criminal, will subject
h m TO punishment. In order to he responsible
ne must have sufficient power Of memory rec
ollect the relation in which he stands to others
and in which others stand to him; that the act he
Is doing IL contrary to the plain dictates of JUS
tice and right, injurious TO others, and a viola
ton of the dictates Of duty
'On the contrary, although he may be laboring
under partial insanity, II he still understands
the nature and character of his act and its con-
sequence; if h- has knowledge that il is wrony
and criminal, and a mental power sufficient TO
apply that knowledge TO his own case and to
know that VI he does the act, he will do wrong
and receive punishment; such partial insanity is
not sufficient to exempt him from responsibility
for criminal acts - Metcalfe's r. 36l-3.
This law of insanity the jury will apply to
the facts in evidence"
I'd fthe jury believe. from the evidence that
The prisoner unlawfuly discharged a gun In
6eorgetnwn, IN this county, and by reason there
Of the death OF John Webb was occasionpd but
entertain reasonable doubt AS 10 whether the
prisoner was influenced by malice toward said
deceased, or intended to kill him or any OTHER
person, OF to do some great bodily harn then
they should find d verdict Of manslaug hteT only
Upon this instruction the Court remarked as
fellows:
This instruction Is EXPRESSED in terms foo
general to be granted as written. But in response
to little law applicable TO the point it emb aces
will be stated. If a man shoots a mother and in
tends 10 kill him do him some great bodily
harm, without any or considerable provocatiOn
il il murder, ard malice j. implied in law from
the act-'It man discharge gun among null
ttude Of people, and death is the consequences of
such act, ii will be murder Russ. on cr QSi5)
$40. st pom the same principle il a man, knowing
that people are passing along the street, throw d
stone likely to do injury, or shoot over house or
wall with intent to do hurt To people, and one Is
thereby slain, il is mu der account of previous
malice, though not directed against any particu-
lar Individual for ii is excuse that the party
was bent upon mischief genealogical, Hale, p
q i75- And if il were without such intent il is
nIanSlaugh teT.'-l Hale, Z. G.. i75. So | hold
that If a man shoot at pigeon on house top in
street. without any wicked intent, and a per-
son il Unfortunately killed, it would be man
slaughter: Take this law, gentlemen, in con-
nfSiOn with the testimony before youn
3D.. Ii the jury should believe, from the evil
dence, that the prisoner had ndulg Jed for length
Of time in the excessive of intoxicating
drinks prior TO the shooting charged in the in
dictment, and that at said time Of shooting he
was under the influence of liquor, while nioxica-
ticn Is no excuse for crime, vet it may be cOnsid-
cred by them, In connection with all the other
circumstances in the case, to show the non-exist-
eBce Of malice or an intention to take life.
Upon this the Court said: - Drunkenness is no
dsf.Hcc 10, or sTcENs for, airy crime, but whsn
the question is one of intention, il may lie consid-
cred by the jury III connection with the other
facts in proof - 4. II. C's Opinions. 81.
The fourth PRAYER is in these words
- If The jury should believe fEum the evidence
that the prisoner unldwfUlly discharged the gun
MENTIONED in the indictment. bv reason whereof
the death of John Webb Was OcCaSi oned, but en-
tCItain reasonable doubt to whether said
killing amounts to murder or Manslaug hter, then
they should lind him guilty of the latter offence
only
The Court remarked - II the Jury should en-.
terrain reasonable doubt whether the prisoner
felOniou>ly and Of his malice afoTethought took
the life Of the dec6 aSed, they should convict him
OF maDslauTh ieT only. T."
Nh Key then asked fer the following instruc-
lions to the jury:
'If the jury believe from the evidence, that
the prisoner, Benjamin Ogle, shot at and killed
John Webb, with a deadly weapon, that is, pun
loaded with powder and a leaden bullet, wIthou;
any or considerable ProvocatiOn, then the offence
Is muIdsr.n
Granted without comment, by the court
The case was then pa; to argument, and Mr.
Maury, on the part OF the prosecution, address.
ed the jury al some length
He was followed on the part Of the defence by
Mr.; Radcliffe, who began at haIf-past ,. p. ~.
and spoke to the jury Till quarter past O'Clock,
and then closed.
The court then ad jOurned.
To-day, the argument for the defence was con-
tinusd by Mr.. Norris, who addressed an able
legal perOTation TO the jury, embracing all the
facts which had been elected during .hr trial
ard upon which he commented with great force
Of reasoning.
Mr. hey followed with his closing argument
which was a model Of legal elcGuenCe, and full
Of characteristic force and reasoning
Mr.. Radcliffe, for the defence, requested the
Court TO read TO the jury the instructions which
Rad been PRAYED In the case, which being done
In" Jury retired 10 their room.
Communicable the Baltimore Annual Con.
ference Of the African Nj. +. Church YESTERDAY
morning, Bishop Payne in the cbair,) the deyo
tonal exercises were conducted by Rev NJ SIuby
The finance committee made call for the Con
ference collection which was not good as il
previous years.
The religious and moral character of the mem
hers Were examined, and found TO stand fair
with one or two exceptions.
Rev. Chapman, Rod gers and Carson OF the VI
J.. Church, were init ed to the Conference
p Campbell, the general book agent ut Phil
afelphia, complained Of several members of the
Conference, and particularly OF a. w Wayman
for not raising money FOR the support OF the Bool
Concern according to the Discipline; aud thu
complaint was sustained The remainder of tn,
session was taken up in disPosing of small mat
tsTs
The following appointments for the sabbath
were then read ISTasl Church-m0rning. Thos
w. Henry; afternoon, d. w. Moore; evening,
i Campbell street usland) -morning, VIM