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

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roen volv who IL thas used Me pistol IN question ina
Ssissss had referred Ne Il Anso, but ,has
nraasrne question there arose as 70 whetb..- ma
Nee shosd be proved, and Judge Curtis ruled th under
III sne circumstances Of The case, the responsibility
vove~ ON the prosecuth prove mabce lie coasnded
sbss shers prosecution failed 10 give evidence
Sho the pts q the moment u the
Aonh ice, tho bury should acSuit
The DssHt Attorney replied that the plea In Mngo's
ssss pea OF ss defeoce and that that 50 sus
tanned az ,hs evidence that the Judge had the np.ssoa
put upon tie issue that Mr. Sckles intended u
XIII Mr. Key, and that he justified In killing pihi
lied only 10 cases Of mutual COMBAT THAI this not
hsing case Of mutual combat, the principe :" 0"oIns
Mr. Brssy-cooling time as TO The adultery.
Dsr;ct A,torney-It seemed 10 be co'cssss'r m ms
ssse that there was An intention 70 ki NO" ne ns'J
OF malice Malice and the intent ~ XIII were, Ia cases
where there was mutual combat, one and the same
Thing. the defence claimed the exclamation Of
Mr. Sckes a. proof shat Ut the moment Of the homicide
there was malice be asked Gould be not refer W toat
ether Gee araon wherein ths prisoner followed up the
a,st exc,amalon by the question, k the ID villain
d.auP1 To his mind that inevitably proved malice.
BIS learned friend Qr Prsdy), IN one Of his
AIRY WbeeIngs, had said that II Philip Barton
Key ooud be put upon the stand he would say 30 and
SO ] would 10 God said the District Attorney, tha
bsps much that is dark, much that Is covered
with gloom, much that not understood, could
BE- made pain as by the ha1hns OF the e sano e
possession OF iacts Of vhch he does not now dream,
ard VIII ich he does not now believe 70 exist II might
ubow very different transaction from that which has
been painted by The evidence Tie only party who
could array facts defence in bis behalf has besa
sDeIred In destn and the testimony which might have
been adduced for the purpose Of indicating his character
E unknown and unbeard therefore, 90 far ~ he is con-
cerped the same as that testimony had existed
He mIbt have sbo~n perhaps although SHINING him
sk be sinued against that instead or az has been
charged IN this case, his entering into the house Of his
nj VII IN mi
nAnty and violently defiance Of all the laws Of God and
man. the sacred obligations VI friendship, be him
uDueo until those moral bulwarks that should have
supported his Charaater gave way beneath repealed
sny party That could have haa toe opportunity Of bring
Sg that evidence here and vndcating his character "
gone; say not what the fast was.
Mr. Brady-Tbe District Attorney Will recollecs that
sUered prove his declaration, that this
cADd and that be stood in parental relations TO her.
The District Attorney made reply, and pursued that
which be wou.d alde and that was the connection Of
question with insanity. The matter OF insanity had
he vouic therefore simply refer some doctrines which
with great zolemnity and authority had been given
ons, times bearing On ;ss nov y. unds
top rendered ny the twelve judges N England in the
Nsaushtan case, in response 70 certain queries pro-
Doupded by the House OF Lords. Thai decisiou, as
rendered by Chief Justice Tiudan, appeared 70 him
model not only Of eloquence put Of judicial learning
nsnDg upon be proceeded and referred 10 other
1bsr,iiee bearn ON the same point among to Chief
WSsr.on's Criminal Law, :, IL his Honor himself had
decided that not necessary for tho United States to
prove tho sanity Of the accused This plea Of insanity
sstnrs Of plea Of concession and avoidance was me-
oay for such plea to be proved 70 the satisfaction Of
The Jury. II suit brought against married
man IN bond and If abe pleads that she "a . married
woman unless she succeeds in satisfying the jury Of
truth Of that plea, issues Of sw and fact are both found
Mr. Brsdy-How would It be the general issue was
sArecordr
The District AuorneyThe question cannot arise except
On plea Of confession and avoidance and that admits
ne naips plea OF iusauiy admits the charge.
Mr. Csrlsle-ihe confession stands without the avod-
The District Attorney-ceytaiuy He woxld not put 10
III Honor the argument as to me facility with which 10.
Vsud be 10 let the party accused thus escape the just pu
nhhmsnt which his crimes should bring down on his
ADDRESS OF THE JUDGE.
The prisoner having been brought into Court, nom which
he had been temporarily absent Judge Crawford proceed
ID TO address the jury. BE said
GENTLEMEN or THE JuRY-The Court IL asked 70 give 70
te jury Instructions whether the part Of the
United States or on the part Of the defence The rs.
Instruction asked ny the United States ID IN the following
Words
% mai the sSassy 81 ws.Sasoa Aforesaid Killed he
81 s's ss4e'
g. s% @oss wound % that :ass
); IT, Ts s IT, :s a s he LTD
IN prsoners wife; and DAY days for any
s T, e ; sad e.
to 81 ns ~ sv sn
Spe. Or ~ him. Then saeA vfo and Iillns
ss = - 1:s ~ ss's
Sss1se loo ss. Of
o. he xh,s N SOC sd Tint the prisoner
This nssructcu embodies the Law OF this case on the
particular branch Of 70 which relates, and Is granted
reference to which the prayer closes great Eoglsh
Jndge has said the trial Of Oxford, Wbo shot 1t the
Queen OF England, vol Darlington and Panes Reports
p $685. That II the prisoner iaboring under some
controlling dnease which was In trutn tho acting power
With HIN which he could not resist, then he Will not be
responsible" And again The question ia whether he
vas sborug under that species Of insanity which satisfies
you quite unaware OF tbe pature, character
and consequences Of the act no committing, or IN
oabsr words whether he under the influence OF =
Diseased mind aud really unconscious at the time he
was committing the act that that was crime A man Ia
nes 70 be excused responsibility he has capacity
and reason Sufficient TO enable him TO distinguish
between right ant wrong ~ " the particular act he
aepg knowledge and consciousness that the act he ID
doing 10 wrong and criminal and si subject him pun
shment In order to be Responsible, he mast have su
Gent power Of memory 70 recoiecs toe relation w winch
that the doing contrary 70 the plain dictates "
justine and right, injurious 70 others, and violation Of
the dctates Of duty. On the contrary although may
be Iabovng Under o partial insanity, II he still under
stands ,hs nature aud cnaracer Of his a and It's
Spepces: be has ege that Il Is wrong aud crm
nal and mental power suffice nj 70 apply that hoow-
ledge 70 bis own csss and to that he does The act
he viii DO wropg and punishment such partial
sanity sufficient 10 EXEMPT him from responsibility
for criminal (Vol 7, Mctcaes reports, pages 800,
SOL and The second and third instructions asked
by the Upised States will be answered together. they
are in there words
jury believe from The evidence that the Do.
ceased killed by prisoner of lssden
discharged from pistol such killing implies malice in la
AAc ID murder -
ihrd- burden Of rebutnR the presumr ton Of
sbo~nR crcumftances Of aevaoa jnstn-
sstsn, the pr and IL Incumbent him
Satisfaction jury
ess they OF the evidence proiuced against him.
Both these Instructions granted. The fourth in
strucuon asked for By the United States is in those
words
Fourth That every presumed 70 DO Of mind
u1i The ntvayy proved and burden rebuti-g this
presumption the prisoner.
THIS pysyer Of the United States ~ered by prayer
eleven Of the The hfth instruction asked by the
United States " In these vorus;-
he Jury believe from The evidence that The deceased