Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1859-03-24

the respondent; anu MI. JOyCc SluSSu lOf the
State The efforts were very creditable to the
counsel-cspecaly the closing plea cf Mr.. Joyce
was highly complimeuted by b,tk slcmbcrs Of
the bar and others.
AT half-past one cloc& Saturday afternoon
the Court nsase WAS again dsnsely erowdadto
hear judge Blgcatt's charge u the Jasx. The
Reporter took capisss agtss, bat is Indebted to
Ills Honor, Jad,a Barrett, for syaeFess of the
abIsand impartial c!mse, w'laeIi We give below,
{ 5ataer with the judges note tr4t'oirs it:
Nj. GtEAsos;--Ay Charge Na4 'nsrftteii, aad made
from very bri notes. have Ivy your rsqassd tsom my
Z. al ny, aiii by your mnulc im+es, sgctchra
.7 rns, Nheh constitutes oatlnv u tse leading
iest7sf II tn Charg thar occupied hif ass quar-
.el,i.. sts d lis.rr. J. BIhEETf.
Aftsr,l rcinniuary reinafk~ rs to dlse inplrt-
llace b DC ease, and rr.sJssii,s tlie ti.rul
81 NJ ii n ch the j.ry should lnJces,{ l., the
ls llsrg vfftseir du y. ii arriving AZ j c,ldict.
tia q ,uxt tpiil tue larry that it WIS saown by
tIss siii'1,r and ccssasi,d by c,unsa Gr the
p,,d mt, that tire respondent had c~i,llAitted
tle crime charged, unless he WIS in suct 4 CON
d ion Of mind at the time OF doing the act. lis
to b. Incapable II committing a crirh an that
respect
In this pasture of the case, the issssc 10 lr
tried war, whether the rsplndcnt was - INSANE
ut the time as Jt t. b.; responsible liz BIS act.
I 1t is not claimed that he was NIT Of Sufficient
mental capacity t. BE- guilty Of the crime
charged, provided he sas net VI the TINE insane.
On this issue the burden IL on the respondent !
and, an order Tor the defence to b. successful
i must bc clearly ma.:c ont by The evidence in.s
the case
On this issue, the Jury were 70 staxt with
the presumption, as rule OF law, by which
they were hound, that he was sane and respon
e'nie ana ehis prcsninptian remains, until 1t 4.
- oyefeo"s.rey Inc foree OF ehe evidence,
c u Pfooacihg aeensiction "a ihelr minds
l z ~ way net SINE ana responsive IN dong
ens ace cna2gea-
~ presenting ene susleee 2. insanity toF tntir
eonslaefaaoa' as inVoised n .has case, uae
sourt "ouiu NOT attempt U ge iheo detaliea
sn =. sciei''hc discussion presenting tne Various
DIVISIONS cnafacteristics, ana aepects nnder
when IL ID treated IN tine DOCKS q science, ana
u inc law ano' sometimes III 'ne charges Oh
ouuges' a.,
tne purposes oi 'he case uiu Iee Iequfe it'
ano 70 unaef'a1o 80 10 treat the sno)ecs'--ih
l'sell clihcu'e' oeiieate anu III some Respects
mysterious "i'hin 'ne proper hnits Vi 'ne
present. charge'-rWouia 30 AKely 10 produce
f.sile' IMAM cieafess o. apprehension.
Disresar1lns inc selen1ihc dlS1ihctions' the
oourI wvuiu ehuca.of W present. d.. outline
VIZ" Vi ehe suoJecC' .''aO ihignt pe sumcien1 W
Aiu she Jury III 'ilo 'fiai VI 'ne present. issue,
n tne aspecS developed ny the evidence, ana
ne arguments OF counsel. 10 this end it was
Sufficient to range insanity IN two classes LIST,
that ~ which the person is wholly insane on all
subjects Ind, that in which the person is in
sane on one or more subjects, and rational on
others Each OF these classes may be either
permanent-hayng become liked condition OF
the mind,-or temporary, coming on and pass
ing away at intervals, leaving the person ra-
tlonal during the period OF their absence.
The Court explained and illustrated these
kinds OF insanity, and therein explained and
illustrated what is called an insane delusaon,
when, upon every subject, but the one in res
pect to which the delusion exists, the person is
rational and sane.
The Court then proceeded to remark, that it
was not claimed in behalf of the respondent,
that he was wholly and permanently insane,
but that he was subject to periods of being
under delusion, or insane in some particular
respects, which the evidence, introduced in his
behalf, coming from his mother, sisters and
brother. as well as from some other inmates of
the family, at different times, tended to show;
and that, in one OF these insane hts, he COM
mltted the homicide charged In the Indictment.
Whether this was 50 or not was to be deter
mined upon the evidence.
Upon this point 1t was proper for the Jury
to consider the evidence showing the history,
conduct ana correspondents Oh 'he respondent
prior TO- ana up 70 tne tlme OF. the ACT charg,
co. Inc operations ana Gohoitioh OF the mind
can only De ascertalneo oy the acts, appear
ance ana speech OF the person. ana its sanity or
insanity is Juageu Oh ana determined, oy COM
pairing It's operations ana conaition as thus de-
veloped, with the standard winch is formed in
the MINDS OF tne Jury, as wen as OIL al others,
oy their own experience ana observation OF men
IN their various relations and conduct OF life,
/ illustrating the manner IN which Judgment
is to De formed whether a person Is sane or in
sane
IL the Jury shouia nhu ifom the evidence
bearing On 'lis suolect' introduced on Doth
Sues ehct Viie respondeht was SUBJECT TO such
'urii' u insanity long prior 10 the time
"''oi tiie honiioiue was coiini'teo IL was proper
" UNI ' . i'I' h1o colsioeratoh' IN connex-
an WIN 'no o.nei osiuence given Us 10 MS con-
ui',oi vi .i'a' ihorlilng'
;. AS bearing upon Inc question OF his condl-
altlon at that tlme' the Jury should particular
~ consider the evidence OF his conduct and APP
pearance' constituting the facts OF the trans
action ltseli-hls going for the gun on the day
before his conduct and appearance on that oc-
casl9n, ana upon his return with 1t to his
mother :, ana on his return at night, after he
nag been out through the afternoon his con-
quot ana appearance on getting up the next
morning-.his leaving the house and going to
Wheelock s-Wnat then transpired-his then
proceeding to the held where Ainsworth was at
wofk' ana the scene that was there enacted
nis manner OF leaving, ana pursuing his way to