New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-27

ra-icuiar branch of il to which L relates, AMI Is
rsrt.d with some explanatory remarks a. TO insanity,
with r. ference 10 which the PRAYER clo-es. great
English Judge has said on the tral Of oxford. who
shot NJ The Queen Of England vol. CNrlngton ana
Pares Reports, p. stS1 " That If the prisoner was
lsborirg under some controlling disease whch was IN
truth the acting power within him which he coud no,
rrri-t then he viii not b. responsible. And again;
The question is whether he was laborng under that
specie, Of insanity hch satisfies you that he was quite
Of the nature, character and consequences Oh
the &c, he gascomm;tiEg or, IN other ors "hrthet
he was under the influence Of diseased mind and as
really unconscious at the time he was committing the
act that that crime. man Il not to be excused
from responsibility If h has capacity ana
reason sufficient to enable him 10 distinguish be-
tween right and wrong TO the particular act he
!, doing a knowledge and consciousness that the act
he is doing is wrong ard criminal, and VIII subject MN
Ia punishment. In order 10 be responsible, ne must
have sufficient power of memory to recOllect the rela
ton in which he stands others and IN which others
stand TO him. tina; the act he Is doing Il contrary to
the plain dictates Of justice and right injurious TO
OtLers and a violation of the dictates NJ duty TN the
contrary although he may be ab0ring under partial
INSANITY if he still under, ands the nature and charac-
ter If bis act and It's consequences he has know-
edge that it is wrong and criminal, and mental power
sufficient to qpply that knowledss 10 his 9Xn Ease
ard receive punishment such partial insanity Is not
sufficient. exempt him from responsibility Tor erimi.
nal acts. Vol. = Metcalfes reports, pages 90, 5Ol
and n3 The second and third Instructions asked tor
are in these words;
Ifte Jury believe from The evidence That the deceased was
killed b, the prisoner by q baden bullet disnarsea nom
pistol such .ling iMp- malice IL A" ana : nGIue,
Tha, burden rrbuttin th mpon malice by show
n OF alienation, rxru ~ Justification rest on
the prs aud il j. incumbent on MIN 10 MAKE oui eirh
the satisfaction o the jury ua they a out OF 'ar
evidence produced asair-' him
Both these instructions granted The fourth IN
s,ructon asked for by the United States Is IN these
words: -
That every person presumed BE- Of sound mind until he
contrary Is proved and the burden 81 rro"ls 'H' Pes
the prisoner.
This PRAYER Of the United States is answered by
prayer eleven Of the defense. The fifth instruction
asked by the United States i in these words
1.-THE Jury believe from the evidence TIA, the deceased PR
you The day Of his death sd aiuerou intercourse "h me
- the prisoner and further thu. The deeesed On me aa
ua- inviting further sot- Of adultery which ,ad zig
ra portion Of them were seen BY th' pr'one ara tnA, M
o..d pro'oca,ou does not Ju-t, hr ac or reduce 'eh
killing from murder 10 mar slaughter
Such the Court thinks Is the law and grants the
instruction Now We 10 those asked ON the part
of the defense the first OF which l. IN these words:
There u no presumption malice u this il any prooof
acyaon Justification arise out oi the evidence Tor
the prose, utIOn'
There i. gentlemen legal presumption Of malice
in every deliberate killing, and the burden 0i repelOg
il is on the slayer unless evidence ot alleVation NIT
CATION excuse or Justification, alse out OF the evidence
sdduced against him. The alienation, mitigation, eN-
cnse or justification must be such ~ the law
prescribes and within the limits already lhld
down in the instructions given to YOU The second
instruction asked for by the defense ls
THE existence malice pre-umabe In his case, on
any rational theory consistent with ell the deuce, the homicide
Va. either jus,if4be eNcsabe ac Of mauaushisr
The answer to the first prayer will be taken in con.
nection with his response to prayer number TWO; IL
upon any course Of reasoning consistent with all the
evidence" and the law as laid down by you to the
Court and the rules by which Is ascertained what Is
legal proyocaiion what is justification or excuse you
should come To the conclusion that there was such JUS
Al. al. III. man
slaughter then the presumption of malice which every
killing of n human being involves, Is met. lou VIII
recoiect that manslaughter is the killing ct man
without malice The third prayer ON the part oil the
defense Isl
eff IN the whole evidence presented by the prosecution there
il sny rational hypsi, consistent whE h. conclusion that the
homcdr iusfaee or eNou'ab the defendant cannot De
convicted"
The answer given 90 prayer number two X an answer
to that. The fourth prayer Is:
sfthe Jury believe hs NJ sicAes When the homicide o.
cud Intended s Mr. Key he cannot b. convicted OF man
This instruction the Court declines TO give; man
slaughter may exist and most frequently does where
the SLAYER intended 10 destroy life, but under crcu-
frances which reduce the defense The fifth prayer Is
in these words:
. for the Jury 20 determine under al The circumstances
Of the case whether The charged upon Mr. sckes Is murder
ju,tifable homicide
Neither an this instruction be- granted as to the Jury
belongs the decision by matters of fact, and to the
Count the decisions of matters of law, which it IL the
duty Of the Jury TO receive from the Court and from
the evidence and the law applied to the facts 1t 10 the
province and legal right Of the jury To return gem
era verdict of guilty not guilty OF murder or man
slaughter Tie sixth instructions for the defense are;
II the Jury find that Mr. Stokes killed Mr. Key while the
latter criminal n-ereoure with the wie % 'he orner
M Sickes b. convicted Of either murder or man
.au-h,er."
II this prayer refers to actual existing at the mo-
meu aduteruus Intercourse with the wife ot the prs
ouer the shaving Of the deceased would be man
slaughter and by existing adultery do not mean that
the prisoner stood by and witnessed the Tact
of adultery progressing, for - easy 10
suppose the actual fact to be established stimuli
taneonsy with the killing by other evidence IN
perfect consisence with the law; IT, for instance, the
husband saw the adulterer leave the bed Of the wife,
or shot him while trying 10 escape nom his chamber
IT, however a day or half a day intervene between
the conviction Of the husband Oi the guilt Oi hls vile
and the deceased. and after the lapse oi such time
the husband take the life of the deceased the law con
-iders that il done deliberately, and declares THAI
it il murder (Jarboe casej. The seventh and eighth
instructions be answered together. They are "a
follows:
Sickle. committed he act bot the time of doing under
the influence Of diseased mind aud Wa really unconscious
that h. committing crime, ne Is not IA Ia" suhy OIL
murder - II, -
prisoners nina impaired aud al the tine Of Killing Ar Ny
b. became Wa mentally Incapable q governing himself IA
reference Nr Key the debauchee u his WIFE, and AZ the
Il biz committing laid ct was by reason Of en caye ~
conscious that he committing rims as 20 SAID MI hey 0"
=
The Instructions asked by both these prayers are
granted The ninth reeds thus:
Il" il for the Jury say what he state Of he prison
e mind the capacity decide upon thu erHina OF ho
psculir act IL q4esonhe hshicde-st the moment WHEN
Il occurred
TO this prayer the Cour. responds thus: II i for
the Jury to say what the state Of DIR. Sicxess
mind a. to capacity 10 decide upon the
orminaity Of the homicide, receiving the law
a. given 10 them in relation 10 the degree Of insanity,
whether II viii, viii not, excuse they the jury
finding the fact Of the existence n-existence OF
n t.rrce nf insanity The L.st OF this praYer Is: