Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1859-03-25

Cross Erauiqed.-I think il along in the spring
that saw him before the Sunday spoke o. | think he
was rather bashfnl and stit he got acquainted then
he would talk like other boys
EDWARD FosTRR.-f live in Calais--don't know
exactly how far from Martins Have known him since
! went to school with him-sx or years. Have
seen him occasionally since that timehave never had
much talk with him. He was good example for he
mn-oving boys to talk with. He used TO talk and make
sport with the rest Of u.s. When have seen him since
he has appeared still and not inclined 20 say much
nave seen MIN since occasionally at Slaytons store
never knew but what his health good whom az school,
Gross Eramined Wncn ! have him since
Nnt 20 school together be has not been inclined totak
Ma.. ZABRiNA RIcH,-rlivc in Calais, at what is
called No TO- about tvu miles rr,u, Martins think
have taught two terms Of school in the district where
Arelhv He went TO school both terms-onc
ana one winter. never knew but what he was as
healthy as other scholars never noticed but what he
joined IN the plays Of the boys lie rather bashful
but would always when spoken 20, and behaved
,, ~ y ,g'c W. "'ie' tnih Rnsht IN tne
winter OF 1856 and ~ and that Il was the first winter he
sILAs .wHEELoCK-T reside in Calas,--have al
ways lived there. Jonnison Wheelock my
Since 1876 have lived within two miles-I taught
school in No 10 district two winters in lSjl'52 and in
'52-'53 Martin went 10 school some / did not notice
but what he healthy other boyshe used &c go
out and play with them. never called him very social
boy used 20 him frequently up the time Of this
murder. used 20 speak with him some | never no
ticcd any particular change IN him-neycr saw him when
he appeared frightened Can't tell how long before the
murder talked with him last. In planting time last
SUMMER he came 10 my house and wanted to get some
potatocs he said they out Of potatoes and wanted
some 70 eat and some 70 plant let him have and
told him he could have morc when he wanted. was
ovina them for his brothers work He said when
hcoame in he wanted potatoes for that work We talk
ed some about springs work II appeared as usual 50
iar as noticed He frequently came there for such
things
Dr. W. II. II. RIcHARDsoN.-r reside in Mont
pclier Am physician Have heard Of the testi-
mony in this case Have him several times during
the winter had the Of prisoner confined in the
sane Jail, in of fr0st bite" and my attention
called 40 the same time 20 this Martin NV attention
was trst called 20 him by the aur He had the itch,
and was said to have come 20 the jail with IT, inquired
about o. He answered me slowly, appeared TO be his
custom asked him several questions. what his health
weight &c He said he had weighed l61 lbs. but
did not now. He answered properly His muscles
seemed well developed, and thought he told me truly
The last time saw him was last Wednesday / asked
when his trial was 10 come Of He said he believed IL
the day asked him fhe had anything against
those men that were shot He stopped, spit lighted his
pipe, went quietly to smoking and said he preferred not
20 say ANYTHING about H. Every other question he
swercd willingly, after thinking moment. I examined
him IN every way that occurred 70 AZ that time, with
view 20 make up my mind 10 his capacity and sanity
Wy acquaintance with cases OF insanity is perhaps with
the average N physicians Have spent time in
hospitals and asylums. Have talked with many who
have charge Of the insane Have frequently been called
20 cases where insanity existed. Witness named in
sances) Insanity Of itself NAV be divided into dis
tiuci classes mania and mononania. There are other
cases approaching what call idocy. stupidity and
imbcciliy (Winess explained the difference between
these cases as he understood theml have examined
the respondent far enough TO satisfy mvselfhat consid
er him somewhat affected with stupidity but with
that imbeciy which would absolve him from moral OBJ
legations. thought he had indications Of INSANITY.
have had no knowledge Of him exceptin the Jail, and
this opinion is made up from that acquaintance with
him.
Cross Rnamined-Itis is not easy awsvs to detect ind
cations Of insanity. did not hear the testimony Of the
mother. did hear that Of the sisters. have heard all
to-day. Assuming all Of Mrs Meningitis testimony to
be entirely true, with couneractng circumstances
should aay the respondent must have been laboring
der an illnsion.
Direct Eratqination--w do YOU mean by an ilu-
sion II is laborng under the impression Of some fact
that did not exist Witness asked to have Mrs Nc
Knights testimony read. said his recolecons Of II
correct and he answered the question as he wished y
Assuming II to be true that he took aim az Wheclock
and then conc luded not TO shoot him, but his hand
trembled and the gun went off, would YOU say he
then under an Illusion think not. That would show
deliberation.
DIR. c. b. CHANDLER.-I reside in Montpelier
Have been TO the Jail and made examination Of the
prisoner. went into the where the prisoners
together. some three weeks ago he was in his cell and
appeared to be asleep. asked him several questions he
answered them correctly but did appear intelligent.
There appeared to be want Of readiness activity Of
mind TO answer questions readily but when he did
swer he did so correctly. He acted natural enough
Some Of the prisoners told how high he could kick got
him to show how high he could. There is more Of
imbecility than Of insanity about him. examined him
for the purpose Of ascertaning,he Of his mind.
heard the testimony Of H. X. Slayton what Martin
told him, assuming that to be true should think il
any indication Of insanity but rather ingenious
way OF getting rid Of crime he had committed
QHcstio5i-Assuming the testimony Of Mrs. Jennison
Wheeoc to be true, what is your opinion to his state
Of mind
There would seem to me to be design and delibera-
ton should consider an insane act If he had shot
woodchuck instead Of man should not have thought
thoi Indicated any insanity fhe said afterwards that,
he shot those men, because he mad at them should
not think that would indicate any insanity IL would
show that he knew what he about. | thiHk mono
mania is as likely TO be permanent as general insanity.
Cross Egamtaed-Supposing illusions shoad be fire.
quentin the same mind and should be proved think
they would be more likely to return. So far my
percnce goes should say insanity is full likely
tack strong minds weak ones. know of no Of
blending Of weak minds with anity unless this is one
know nothing Of DIR. Rays works on insanity, have
DR RUBlEE--I reside in Montpelier--never visited
the prisoner but oncequesiioned him abou, his brother
in New Oreanshe answered all my questions correctly
he was slow about It saw nothing insane about HIM
Upon the hypothesis Of Mrs Wheclock testimony be-
ing true, think it would be difficult decide whether
he was aboring under an Illusion The fact Of his shoot
ing down in the daytime, openly and boldly and
for so slight causes would indicate thar he laborng
under an illusion; that he remembered II afterwards,
and told how he reasoned while pointing the gum would
not indicate strongly that he was aboing under IL
usion.
Cross Eramined-I have not had any knowledge Of
DR.. Rays works. think one should know the history
Of person in making an examination for insanity.
Dir lDE, recalled Have him frequently pass
my house heard all the testimony o. Mrs. Wheeock
and Mr. Marsh yesterday, and taking their testimony to
be true could not say should call him insane.
The testimony here closed and the Court took
till l-2 o'clock in the evening.
At IL o'clock, the States Attorney opened the
gumcnt for the State. He spoke for nearly two hours,
with considerable energy, reviewing the evidence and
the points upon which the State rested the Hewas
followed by l.. L. Duran for the respondent in an argu-
ment Of nearly equal length. The Court House
densey crowded by ladies and gentlemen notwithstand
ing the rainy weather Adjourned till IA to Saturday
morning. when Paul Dillingham; closed the argument for
the defence Of the prisoner; followed by Charles II.
Joyce, on the part Of the State.
JUDGE BARRETTs CHARGE TO THE JURY.
Mr. GLEASON My Charge unwritten and made
from very brief notes. have, by your request, and
from my and memory, aided by your minutes, has
ty sketchcd the following which constitutes outline
Of the leading features Of the Charge that occupied
hour aud quarter in the delivery.
J. BARNETT.
After preliminary remarks 10 the importance Of the
case and presenting the general views in which the Jury
should proceed in the discharge their duty in arrvnga
"a verdict the Court told The Jury that il shown by
the evidence and conceded hy counsel for the respondent
that the respondent had committed the crime charged
unless ne was ia such condition Of mind at the time Of
doing the act he incapable OF committing crime in
that respect In this posture Of the the issue TO be
tried was whether the respondent insane at the
time not be responsible for his act. Ii Is not claim
ed that he was not Of sufficient mental capacity to be
guilty of the crime charged provided he the
time insane. On this issue the burden is ON the
spondcnt and in order r the defence be suooessu
he clearly made out 10y the evidence in the
On this ISSUE the Jury start with the presump-
ton rule Of law by which they were bound that he
was and responsible; and this presumption re-
IL h ~ The