The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-27

neicrss The oecsion OF mai era fact
;rrv 10 reotivs nom The Out from the evidence
and he NV applied 70 tb. facts 10 the province and
legal right Of the jury " return general verdict Of guilty
or not guilty a. murIer mauslaughier. The sixth in
suuctions for The defence
eth-B The jury find hat ". fchles killed. Mr. Key while
slaughter.
this prayer refers actual (existDg at the momsn
aduter intercourse with the wife OF the prisoner the
Staying Of the deceased would be msnslaugher and by
exetng adultery do not mean that the prisoner stood
easy suppose actual fact 70 be established stimuli
aDeoufy with the killing by other evidence IN perfect
contIs.sDee With the law r. 70, instance the husband s
while trying to escape from his chamber IT, however,
day baf day Intervene between the conviction OF the
husband Of the guilt OF bis wife AMI the deceased and
after the apee Of such time husband tue life OF
the deceased the law coosters that was done deiDe-
Isfey, and declares tha! murder l'srooes csse9
ther. They are as folows:-
seysn,h- the whole evidence. the jury bsieve tina
S mr. hs Of diseased end was really
that he committing crime, he not In law guilty
tshh~if the Jury believe thai. from pssdisposns
Inns Key, be became mentally Incapable Of gov
e. a in s @ ~ asy ns at
Of such unconscious that he was
said Mr. Key he not guilty Of any offence what
The Instructions asked by both these prayers are grant
ed. The ninth reads thus
10 for The jury to say what the Of the pri
mind % TO The capscy upon the criminaly
Of he particular question TIN homicde-as the moment
Il occurred.
To this prayer the Court responded thust for the
jury to Say whs. was Tie sss's OF mr. sa ne I'm SN IS
cide receiving the law a. gwen 70 them IN relation 70
the degree Of insanity, whether will, or will not excuse,
they he jury finding the fact Of the existence or non
existence Of snch degree OF insanity.
So mach Of the instr uctons have read grant
without qualification. the tenth prayer reads thus
Absoives fr.n crime shou exist any definite period but
s %S ha a when nc net
That instr ucticn 10 granted. The time when the in
sanity is TO operate Is the moment when the crime
ali TSs eleventh and LAST asked reads this
way
Eleven-I jury suy doubt the eiher IN
sickles shonld be acquitted.
THIS instruction az mentioned in referring to prayer
four Of the United States win be answered conjunction
doubt entertained by the jury the prisoner 70 have
tbs benefit Of H. As 70 the sanity insanity o. the pri
Ut the moment Of committing the act charged, II s
argued by the United States that every man being pre-
srmed 70 be this presumption must be overcome by
The deed was done This MOI the arst time this inquiry
;' sss s.' vs ~
the Court gave the following opinion, which
read from my notes Of the trial. This prayer
yond all reasonable Doubt Of the insanity Of the party FOR
whom the defense 10 set up Precisely as the United
rant a conviction. am well aware and il has appear
this argument that has been held by Court Of
high rank and reputation that there must be wepon-
the presumption Of law that every killing Ia
murder and that the Court has SAID that there h
equilibrium including Isuppose the presumption men
toned evidence the presumption of the defendants in
nocence make she preponderance In his favor Whether
man is insane is matter Of fact what degree Of
lnsani,y will relieve bm from responsibility s matter
Of law, the Jary finding the fact Of the degree
Uuder the instruction of tho Court murder can be
tHxadn In hp uk%d4U IN
DO who Is charged with . crime, but when EVIL
dence adduced that prisoner insane, and conflicting
testimony makes quest for the jury, they are 70 de-
eide HE every other matter Of fact and they should
say c0ncude that there uncertainty that they can
DOT deter mine whether the defendant was or 10 not 20 IN
that perpetraed the crime and that no other
caDY Nor this plain view Of the question unsupported
BY authority In the case OF the Queen w. Ley, in $780,
Lewlns c. G p $50 Oh . preliminary trial 70 ascertain
whether defendant sufficiently sane to 90 before
petit jury Indictment, Bullock B., said 70 the jury
III doubt the prisoners sanity andthe sur
doubtful you cannot say he Is IN nj state 70
pie vs. Freeman, Vol Demos Report, p Q. Th,s is
srorg for the witness did not say the prisoner was
insane but only that doubtful whether was 30 or
not The humsne, and, will add just doctrine that
reasonable ooobt should avail prisoner belongs 70 DO
fence Of neanty much my opinion, a. 10 other
all the questions.
PROFOUND SENSATION IN COURT.
As The Judge delivered his decision, not word Of was
lost on the jury counsel audience Every in the
crowded seemed to drink In every word OF IT,
and glances Of intelligence, beokenihg satisfaction
and dissatisfaction, passed from oountenance TO
oountepancs as a point reemed to be decided for or
against the prisoner. As the Judge ended, Mr. Brady
stepped his position the dock and whispered
word in Mr.. Chiton's
THE CASE SUBMITTED TO THE JURY WITHOUT
ARGUMENT.
Mr. Chiffon and ssid-H please the Court, rise
10 renew the proposition which made on Friday last,
submit this to the jury without further discussion
The District Attorney half rising from his seat, said
We accepth.
Mr.. Chlton-I was going on TO remark that had the
hs ppness believe from what said that occasion,
that proposition would be acceded TO- merely wish
10 state 10 the Cou, that make with the concurrence
Of all the counsel for the Defence and Of course with the
entire appreciation Of the prisoner and while with some
Of your Honors rulings may not be entirely satisfied
yet respectfully submit think that II IL due 10
every one connected with this riamore especially to
the ury-to commit this 70 their hands, that
they may DO relieved early possible from the very
onerous duty that has been imposed upon them.
The District AtorneyOn the part Of the prosecution
we entirely the proposition just made and on
the instructions given by your Honor submit the case
now 10 the consideration OF the Jury.
Mr. Brady-with the effect Of your Hopor's ruling nm
entirely satisfied.
District Attorney-No discussion Myou please.
Mr.. Brady Cooking pleasantly at The Jury)-I would
not iphict such punish nent on the Jury.
Judge-Mr. Marshall give the Indictment 10 the Jury.
RETIREMENT OF THE JURY.
The indictment handed to Mr.. Reaaou Arnold and
the Jury retired 70 their consultation room.
In this District the juror first Is not the foreman
The chosen by the Jury ITSELF and in this case
the selection rested, with reason, Mr. Arnold one Of
he oldest and most pteic ent looking men OF the body
THE SCENE IN COURT DURING THE ABSENCE OF THE
JURY.
The retiring of the jury at half past was the signal
for throwing of the restraint which had up 10 this time
weighed upon every one in Court lawyers, officers
spectators and all, seemed to think themselves at
liberty 10 talk much they pleased, and 70 give
ven. TO their feelings and impressions. All got to
their feet and INDUCED in conversation. Many crowded
around the dock to cheer and support Mr.. sokles