Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-27
LOCAL NEWS


turning points Of the important case just ended a
the Criminal Court, the ruling of the court upos
the matter Of insanity Is Of sufficient portapc 4,
call for fuller elaboration Of il than we had snac,
TO give IL yesterday
Tine eleventh instruction asked by the defenc,
follows: - -sr -
. If the jury have any doubt in the case. e,tI,e,
In IsieSsnee 70 the homicide or the question Of
Upon this Judge Crawford said:
ms instruction; as mentioned In referring to
prayer four Of the United States viii be answered
IN conjunction with it, II reads in this way:
:, That any person is presumed TO be of sound
mind urtil the contrary Is proved and an burden
OF rebuttinS this presumption rests on the prison
" docs not appear to be auestioned-indeed I
10 not sc how IL can be-that II doubt Is enter
..inea 1y the jury mean any reasonable doubt
ss " the homicide, the prisoner is to be entitled
10 the benefit of IL. As to the sanity or insan-
1ty OF the prisoner at the moment Of commit
ing the act charged, il is argued by the United
St1teS that every man being presumed to be sane
this presumption must be overcome by evidence
satisfactory to the jury that he was insane when
ts deed was done This is no: the first time this
inquiry has engaged my attention. The point
was made and decided az the June term ISIS i'm
the case OF the United States agt Deylins when
tae Court gave the following opinion which j
rt7d from my notes Of the trial:
This prayer is based on the idea that the iurv
must be satisfied, beyond all reasonable doubt IL
the insanity of the party for whom that defence is
- up PItfl>fil the u nlted states hound tn
prove the guilt of defendant TO warrant a convic
ton am well aware, and 1T has appeared on tbi,
argument that IT has been held by a court of HIGH
rank and reputation, that there must he a nre non
dcrance of evidence in favor of the defeace az in
sanity. TO overcome the presumption of law that
every killing is murder; and that the slme court
iliS scia that II there Is an equilibrium including
suppose. the presumption mentioned ofevidsnce
TIE presumption ofthe defendant innocence makes
The Preponder1nce in his favor. Whether a man
Il insane or not is matter Of fact What deorre of
,rSil,
matter Of law; the jury finding the fact Of the
degree too under the instruction of the court
Murder can lie committed only by a sane man
Everybody Is presumed to be sane who is charged
with crime, but when evidence is addueed that
prisoner Is insane, and conflicting testimony
makes max Question for the jury, they are to de
eide II like every other matter Of fact; and If
thej should say or conclude that there is un-
certainty, that they cannot determine wheth-
90 lne ueiendant was or Is not so insane
Ia protect him, how can they render a verdict
that sane man Perpetrated the crime. and no
ether ca1, Nor is this plain view Of the question
unsupported by authority. In the case of the
Queen agt Ley. in lsiO Lexins. C. c. 239 on
preliminary trial to ascertain whether a defendant
was sufficiently sane to 90 before a petit iury ON
an indictment, bullock, ID said to the jury, If
There Oe doubt as to the prisoners sanity and
the ssrgeon says it is doubtful you cannot saw be
Is ut state to be put on trial. This opinion was
approved In the People agt Freeman. 4 Denio's
report, J. This IS strong case, for the witness
did not say the prisoner was insane but only that
II was Doubtful whether il was or not The
hunhne and will add just doctrine, that rea-
sonable doubt should avail a prisoner belongs to
a d'tsnoc "r insanity much. in INV opinion as
q any other matter Of fact
CoTNoN Coz NcIL.-The hoard met Yesterday nj
locIock p. m, pursuant to adjournment, and was
called to order by the President, (Mr Abert)
On motion Of Mr.. Lloyd, the board took a recess
Of hfieen minutes, to allow the drainage commit
tee 20 consult.
When the board resumed
Ar pa
AlderInen's bill regulating the distribution of
Potomac water throughout the city of Washing
ton /" with a substitute by way Of amendment.
The bill reported is document Of thirty-three
pages Of printed matter. Ii proposes first to
amend the Aldermen's bill, by striking out the
first and second sections after the enacting clause
dent of the City Councils two members from each
Of the boards, annually who, as a Joint committee
Of the two boards with the Mayor, shall constitute
the Water Board, with power to make rules &c
and detnes their other duties.
The remaining sections verbally amended
TO correspond with this change and the duties of
the board given to the City Councils water regis
Section eight is amended by substituting the
fourth Monday Of June, instead Of January as the
tune for aPPOiating the water purveyor
The committee also stri Ike out the proyiso to sec
lion seventeen, which provides that mains shall
be laid in such streets only wheTs the rents will
yield an immediate return to the city of not less
than eight per cent. per annum upon the whole
amount of such expenditure.
Section twenty two is so amended as TO change
somewhat the fixtures Of fre-plugs
Section tweBty-three is anne nded so as to nav the
ehuIe expense OF erecting fire-plugs out of the
funds of the ward in which they NAV be erected
Fhe regulations in section twenty five are amend
ed by striking out the prohibition Of the use of
siteet-washers, &c, after sunrise and before sun
set
Mr. Powell asked why the committee had strick-
en- out the hfSE aud second sections
Mr. Palmer explained that in the opinion of IN.
Corporation Attorney the charter Of the city for
hids sach an enactment il being necessary that all
ofncers Of tue Corporation should be appointed by
the Mayor and confirmed by the Aldermen
A discussion here sprung up. in which num-
Der participated, upon tine amendment of the COM
ml,tee. II was opposed by Messrs. Jones, Powell.
and Albert, and defended nv Messrs PaInIer
Lloyd, BOhrer, CaStleman, Wallace and others
Mt Aeeh tMr. Bohrer being i'm the chair Of
Ier.d an amendment as substitute for the first
s7cuOn' proposing the appointment of five water
commissioners at an annual salary of s:aB each
pom this great deal of time was spent in dis
SIR. Mulloy moved the previous question, which
was ordered.
The question on the amendment OF Mr. Albert
being put, IL was reiected-yeas ,. nays 12
MI. Jones proposed to amend by authorizing
the Mayor to appoint three commissioner COM
ISeGI clukens. without salary. to constitute the
water board luSt-yeas =. nays ~
The board then under a call foe the previous
question. adopted the committees amendment 10
strike ont tue first and second sections by vote
Of II t93.
ming att O'Clock.
MOSES IN EGYPT" AT EPIPHANY CHURCH
Fhis beautiful oratorio was performed last night
by the choir Of Epiphany Church, assisted by
SINGERS from other choirs, in very acceptable
manner. The occasion was that Of opening new
Snd snPerb $;-stoP organ Quilt for this church by
i"npliZ 81 Baltimore, To the public for the first
time; and the severe ordeal though which IL was
passed by the presiding genius Of the occasion
(Prof- w H. Palmer) must have convinced all
present Of its superior qualities. The several parts
VI the Oratorio were as well rendered as it was
possible for them 10 have been by amateur per-
formers anywhere, and the satisfaction of the au-
dience was universal. We learn that the choir
have been requested TO repeat the concert and
have no doubt at all Of the proprety Of their doing
50, Judging from the success Of their efforts last
night After the performance was over the pr
hcipatnrs in IL were handsomely entertained by
Capt Middleton at his house
REAL EsTATE.-James G. Mcclure & Co sold
the following property in Georgetown, yesterday:
Part Of lot y in Bealls addition to Georgetown
and part Of lot in the slip, being a lot of - feet
front by l2U deep. with a brick back building 10