The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1859-05-05

On Tuesday. the 10th ult., the prisoner
ID. Il. Sicnxs, having been brought into
Court, from which he had been temporarily
absent. Judge CRAWFORD proceeded to all
dress the jury. lie said
Gentlemen Of the Jury! The Court Is
asked to give to the jury certain instructions
whether on the part OF the United States or
on tho part OF the dofencc. The frat ins,ruc.
ton asked for by tho United States is in
these words:
" II the jury believe from the evidence 10
this whole cause that the prisoner on the
day named IN The indictment, and ia the
County OF Washington aforesaid. killed the
Aforesaid Philip,Bafton Key by dischargIng
at, against and into the body OF him, the said
Philip Barton Key. u pistol. or pistols,
loaded with gunpowder aud ball, thereby
giving him mortal wound or wounds and
that such killing was tho wiliul and in'cp.
tional act Of the prisoner, and was induced
by the belief that tho said decreased had ~.
duced us, the prisoners wife. aud on some
day or days. or ior any period. definite or
indefinite. prior to the day Of such killing.
had adulterous intercourse with tho said wife,
and that the prisoner was not provoked to
such killing by an assault or offer Of violence
then used and there made by the deceased
upon or against him. then such willtul and
Intentional killing. il Sund by the Jury,
upon all the facts and eircamstaucvs given
In evidence. is murder. But such killing
cannot bs found to have been villfsl
and Intentional 10 the sense Of this in
struction If Il shall have been proven
TO the satisfaction OF the Jsry, upon the
whole evidence Aforesaid, that the prisoner
was IN iae' insane ., the time Of such killing. /"
This instruction embsdiss the law OF this
case on the particular branch Of il 10 which
II relates. and Is granted with some explain.
atory remarks a. to insanity with Q reference
TO which the prayer closes A great En-
glsh Judge has said on the trial Of Oxford.
who shoi at the Queen Of England, vol. 9
Darlington and raines Reports, .. $50.
That II the prisoner was lAboriur under
some controlling disease which was. in
truth, the acting power within hin which
he could not resist, then b. will not be re
sponsible." And again " The question 10
whether be was Aboring under that species
ofirsani,v which satisfies yos tha, he was
quite unaware OF The nature, character and
Consequences Of the act he was committing
or, in other words, whether be vas under
the influence Of = diseased miad and was
really unconscious at the time be was com.
hitting the act tina, that Was . crime A
man is not 10 IL excused from responsibility
u be hss capacity AMI reason Sufficient e
enable him To distinguish between rlch, and
wrong as TO the particular act he 10 doing
knowiedse and consciousness that III.
act be Is doing Is ~rong and criminal. am
will subject him 10 punishment In ord,,
10 bc responsible he mus, have .utYi,,,,n,
power Of memory 10 rceoec, thu r. la,iou n
which be stands 20 Others, aud in which ON
err stand 10 him that the &C, he Ia lolcc 4
contraryjt to the phin dleAe. ci Ius,.c
aud right, ipiarsoas 10 o,hs,. anal . vida
,iUu Of the dictates OF duty On ,hs GU
uary, although h. may b. laborss sai,s
partial insanity. 4 he s'l aDJsSuads Ia