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


every Killing is nurl,r; and Tint the same Court hrs
saii That if there equilibrium, including isuppcs~'
The presumption mentioned OF evidence the preso'nY
ton II the defendants innocence. makes the prepono
erauce in his favor Whether a n insane or nos
i. a matter Of fact; what degree Of insanity WI ~
heNe him from responsibility Is n matter
law the JUN finding the fact Of the degree TOO
Under the instruction of the Court, murder can De
committed only by sane man. Everybody Is pre-
sumei to be sane who IL charged with CRIME, bnt
/ when evidence l. adduccd that prisoner Is insane,
and conflicting testimony makes a question Tor tho
Jr-v they are 10 decide il like every other matter
nj fact and If they should say or conclude that therv
uncertainty that they cannot determine whether the
defendant or : not 40 insane as 10 pro'eNt nm
how can they render verdict that sane man perpe
,ya,ed the crime and thai other cam Nor Is tar
plain view Of the question unsupported by authority
In the Of the Queen agt Ley, IN iS'V ewihs W
D. 90 on a preliminary trial TO ascerta whether 10
rdnnt was sufficiently sane to go before petit Jury ON
! an Indictment, Huock, b. saidto the jury; 'nore
be doubt To the prisoners sanity ana 'ns sse'n
SAYS il i, doubtful you cannot say he Is IN n, sls.r W
be nut on trial" This opinion was approved IN Inc
! pe6ple w. Frremen Vol. Demos Report, P.S
This is strong case for the witness dd not say tns
prisoner was iusare, but only that Was douooa
whether it was o not. The humane, ana, WI
add just doctrine. tina; reasonable donbt should
avail prisoner belongs 10 defense OF INSANITY ns
much in my opinion as to any other matter oil tscs'
believe, gentlemen, that that answers al the aa"s
tions.
! A. the Judge delivered his decision, not a word a
/
one in the crowded court room seemed to drink IN
ever, wor, of it, and gances of intelligence, now be-
okenng satisfaction and now dissatisfaction. passed
from oounteneDce 10 countenance a. point seemed
to be decided for against the prisoner As the
Judge ended Mr. Brady stepped from has position
near the doSk and whispered word in Mr.. Chiltous
ear.
MIR. Chiffon rose and said Ii it please the Court,
| rise To- renew the proposition when we maze on
Friday last Ia submit this case to the jury withow
| further discussion.
The Attorney half rising from his seat said:
| - We accept H.. -,
Mr. Chton-I was going on to remark that hsd
the happiness Ia believe. from what was sai on shss
occasion that this proposition would be acceJed TO.
merely wish 10 state to the CoTut that make IL whn
the concurrence all the counsel for the defense ana.
Of course with the entire appreciation o the prisoner
! ana while with some of your Honors rulings we may
not be entirely satisfied, Yet We most respectfully SUD
init We think that il due to every connected with
this trial. more especially to the jury 70 comm, tns
case now 10 their hands that they may be relieved ~
early possible from the very onerous duty that mas
! been imposed upon them.
The District Attorney-On the part of the proseca-
ton we concur entirely in the proposition Just made,
| and on the instructions given by your Honor w
submit the case to the consideration OF the jury
! Mr.. Brady-With the effect OF your lionors rnhng
/ am entire Y satisfied.
! District -Attorney--No discussion il you please. -
| Mr. Brady looking pleasantly at the Juryl-i would
| not iufct such punishment on the jury. ,
| Jwlge-Mr. Marshal give the indictment TO the
| Jury .
| The indictment was handed to Mr.. Reason Arnold,
and the jury retired to their consultation room.
In this District the Juror first is not the fore
| man. The foreman is chosen by the Jury itsen, anu
IA this case the selection rested, with reason, on mr..
Arpold one of the Oldest aud most intelligent looking
men of the body.
The retiring Of the Jury, at 80 the signal fG
| A. hai mi Tn
weighed upon every one in Court. Lawyers, officers.
spectators and oil, seemed to think themselves I"
liberty to talk a. much they pleased, and 10 give
vent to their feelings and impressions. All got
their feet and INDUCED in conversation Many crowd
ed around the dock to cheer and support Mr. Sicki"s
in this the pregnant moment Of his fate. Among
those who gathered around Mr.. Sckles was an
estmabe clergyman of this city, the Rev. DIR. Sun
derland. of the Fourth Presbyterian Church, who.
taking Mr. Sickles by the hand, said: Sir, have
come to express to you my heartfelt sympathy, and
10 say that if the voice Of the people Of this city
could speak at this moment your acquittnl would he
| instantaneous In case, however an adverse YER
dict should be rendered. be assured that you have
hearts around you, and mine not the least warm ID
them to sustain you in your affection Mr.. Sickles
va- much moved BY this incident and expressed biz
thanks a. well as his emotion would permit him.
As the time wore on the noise and confusion grew
greater aud the Judge, in good -natured manner,
marked that although under the circumstances he
could not expect the audience to keep silence, hs
| hoped there would be slight regard exhibited for
| the place where they were.
As the minutes grew into quarters and half hours.
| there was some expression of disappointment On the
part Of many, who thought the Jury should not have
retired at ALL much less spend any time consults-
| ton II could not be sad, however, that there wa"
any straining anxiety or apprehension exhibited,
! although Mr. Chiffon remarked that If the Jury re-
manned in 80 minutes, it would be F" hung or
dsagreeng jury But the Jury did remain in, not 80
but 20 Minutes and fortunately did not verify the pre-
dction The clock struck three, and before the sound
had passed away there was movement at the door
| by which the jury had retired, indicative OF their
| being on the point Of reentering the Court.
At th. moment there stood close to the dock, and
around the prisoner, the following gentlemen, his
devoted friends all through the trial: james +.
Brady, Edwin n. stanton, Samuel Chiffon, Daniel
A. Ratcliffe, +. Phillips, Mr.. Magruder, John Gro
ham-lthese gentlemen were his acting COUNSEL:
| Charles Graham Of New-York, John +. Ennis II
Washington, Dewitt Graham Of New-fork, Capt
| Wiley Of New-York the Rev, DIR. Haley Of New
| York the Rev. DR.. Sunderland Of Washington, the
Hon. Reyerdy johnson Of Baltimore, T. +. Meagher
Of New-York, Nathaniel Lane Of New-fork, T. II.
NcBlair of Washington, John Savage Of Washing
Ton, I. II. Brown Of New-York, John +. Coye "a
Washington, the Rev. =. G.. Granbery Of the MetbO-
dist Episcopal Church South at Washington, William
II. Donoho Of Washington, Edward Gould OF Cali
fornia b. Jarvis of Newiork j. Berret Of Washing