The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1860-02-29

two or three weeks previous to the time OF
committing the homicide, be had been upon
one ot his periodical "aPrees.P On Monday
and MOpday evening, and also on Tuesday
morning before the commission of the act,
be was poticed by several persons, some Of
whom thought he vas Intoxicated, and one
or two thought, be was ,deranged. AlansOn
Baldwin, the deceased, according to hiS dy.
ing dsclaratiOn5 though. hip - iitle cross
from LIQUOR" but had no fear of him. Be-
fore the act. Price, according 10 ,ths proof,
said but little. After itabbIiBg Baldwin, he
made no attempt to escape, said he had done
right, and went With Charles r. Harmon
and found the knife with which he did the
stabbing, and gave It to him; and then went
deliberately before the Justice, by whom he
was committed to Jail. Some Of the physi-
clans Of the village, who we're in attendance
upon the trial, came to the stand and testi-
fed in relation to the condition OF the pris-
oner's mind, and the general features of in
sanity arising from Drunkenness. DR.. C..
8. Leonard thought from all the testimony
he had heard, that the prisoner was laboring
under some degree OF insanity when he COM
mitted the act. Dr.. C. F. Reed was of the
opinion that there was probably some alb
beration oflhe mental faculties. Dr.. VIM.
M. Prentice did not hear all of the testi-
mony, and only gaye his opinion upon a
Hypothetical case, There were many facts
and circumstances developed by the evi-
dencs, which we have neither time nor
room to present in this report.
But few questions of law arose in the case,
which would be of any interest. The coun.
eel for the prisoner presented several pro.
positions and ssked the Court to give them
in charge to the jury, among which the most
important were: First, "That while drunk.
enness is no excuse for crime, still it may
be considered BY the jury with reference to
the question of intent and if the jury should
find that the prisoner was so intoxicated as
to be unable to reflect upon the nature and
consequences of act, or form an intent, then
he was guilty OF manslaughter and not mur.
der" Second, III the prisoner wos insane
from any cause; at the time he committed
the homicide, he must be acquitted" Third,
"If the jury have any doubt as to the homi.
eide or the question of eanity, then they must
acquit the prisoner entirely" The Court
refused to charge the .lqat proposition as
prayed for but told thejury that the prison
,er must satisfy them q6frmatively that he was
insane, before they could render verdict in
his favor upon that ground that the pre-
sumption of law was that every man was
sane until the contrary was shown by pre-
'pondesatiug proof
The jury were out about one hour, when
they returned general verdict Of Guilty"
we are ;old that they were diyided at first
upon ibe, question as to whether it was man.
slaughter. o. ,mnrder in the second degree ;
bu: taking the age Of the defendant, it made
bpt little difference, 50 far as the practical
effect of the sentence was concerned. Ten
years will probably be more than the period
OF his pilgrimage on earth. Ths prisoner
received his sentence on Saturday eysning.
The cause wso conducted on the part OIL
the State, by P. B. Conant, Prosecuting
Attorney. And E. B. Taylor. ThetcounseI
for the defendant were 0. P. Brown, ond
Alphonso Hart.