Evening star. [volume] (Washington, D.C.) 1854-1972, 1861-04-06

prior tn the homicide. Witness tried all he could
TO pacify him, without any effect. Witness never
saw him so bad when under the influence Of
liquor before as on that occasion. He was restless
violent, struck the wall with his fist, all without
Witness believed him to be under 1t Of insanity
at the time.
Cross-examned Witness never saw drunken
nan act in the way Foley did. Witness though t
proper TO keep an eve on Foley all the time he was
In there with him.
PrirateS Me FaTiand and K,an testified to the
same state Of facts, after which the evidence for
the defence closed.
Mr. Ould called, to rebut-
Pst'r Edgdn, (Sergeant) sworn Testified that
he saw Foley before he was confined that day;
talked to him on the back porch about ten min
utes before be was put In the guard-room. Ad-
vised him to go up stairs to bed. Foley was
anxious to see Major Haskins. Witness finally
Induced him to 20 up stairs, but he came almost
Immediately down again; as witness thought to
get some milk for bis SUPPER Witness saw him
In the back guard-room shortly after He was
not very violent then-appeared to be perfectly
sane. Next time witness him was after NJ ur-
ply was shot. Foley was always very noisy and
confined.
BY one Of the Jury 1t was not al all necessary
10 make any noise In loading a gun
Major HnskiaS rscall-d Saw nothing in Fo-
ley's appearance to indicate insanity. beyond what
any drunken msn might naturally exhibit
Corporal Nolan recalled-Saw Foley when he
he first came to the quarters that afternoon. He
had not me appearance OF an insane man. Wit
accused through at his trial
Pirate LdHgdon led-Testihed that he
also saw Foley, and he looked intoxicated.
Sergeant NcCOTrt Had seen Foley at O'Clock
unusual about his eyes
The evidence closed here, and Mr. Norris, for
defense. submitted prayer for Instructions to the
jury, as follows:
/ The Court instruct the jury that. 10 constitute
the crime Of murder, the killing must be with
malice aforethought, either express or implied by
law, and that although they should believe that
'he death Of the deceased (Michael Murphy was
'accasioned by the discharge Of the load from the
nusket in the bands of the prisoner, without any
3Iovocation, yet IL they further believe that the
sara musket went of accidentally, or that the
prisoner was not aware that IL was loaded he can
ne guilty Of manslaughter only; and II they have
any doubt as to either of these questions, the
prisoner entitled to the benefit of the doubt
= If the jury believe that the prisoner was in
toxcated from the use of ardent spirits at the time
Of the commission Of the offense charged In the
Indictment, whilst drunkenness, of itself does
not relieve him from legal responsibility vet il
afict 10 be considered by them in connection
viii all the evidence In the as to the questo
CT intent
3. IL the jury believe from the evidence that the
prisoner. al the time Of committing the homicide
In tie Indictment mentioned, was in a deranged
state OF mind, from whatever cause, so to have
been incapable OF understanding the legal conse-
quences OF his act, of his social and moral re-
lations 10 others, of disting ight from
wrong In relation to the particular act Of which
!. IL the jury believe from the evidence afore-
said, at the time that be committed the homicide
charged In the Indictment he was la boring under
some mental delusion which for the time bei n o.
entirely controlled his will be 10 not sccounta Die
IN law on the said charge, and ought to be ac-
1uitt-d.
5. II the jury have any doub. as to the case,
either TO the homicide the question of SANITY
she defendant should be acquitted
8. The law does not require that the insanity
which sbsolves from crime should exist for any
GGH I'm IA rN,lk NR.N1 IA
when the act occurred with which the accused
stands charged
The District Attorney objected to the phraseology
81 several Of the instructions and to the third and
rney were argued at some length. but without
concluding when the court adjourned.
To-day-Mr Norris addressed the Court In reply
10 the argument OF the District Attorney, in on
position TO the prayers bv the defence Yesterday
Upon the con fusion OF Mr.. Norris's argurpsnt
Mr.. Ould offered the following PRAYERS on the
part OF the prosecution:
/. II the jury believe from the evidence that tho
prisoner, without provocation. and by means of
deadly weapon, Intentionally killed the de-
ceased, when tue said prisoner was voluntarily
temporary suspension of reason, directly and i'm
mediaiely caused by such voluntary intoxlcation
then he Is guilty Of murder.
= III the jury believe from the evidence that the
prisoner, without provocatlon and bv means Of
deadly weapon, onally killed the de-
ceesed. and that such killing was the immed late
resuH OF lntONlCdtlon the Dart OF the Drfsoner
and occurred while such intoxication lasted, tben
the prisoner Is guilty Of murder :
3: III the jury believe, from the evidence afore-
sara, toat tne Prisoner without provoca;icn and
oy means OF deadly weapon killed the deceased
either from antecedent malice or from malice
springing up at the time Of the use Of the said
deadly weapon, then he is guilty of murder.
g. In order 10 acqult the prisoner on the ground
of insanity, II must be proved to the satisfaction
Of the jury that at the time Of the killing OF the
deceased the prisoner was insane, and IL is not
an - anrN N aTTafa nj -
the jury from the evidence aforesaid are In dsubt
whether the prisoner at the time Of such killing
was insane not. .
5. In order to acquit the prisoner on the ground
OF insanity IL must be clearly proved to the sati.
faction Of the jury that at the time Of the killing
OF the deceased the prisoner was laboring under
such defect OF reason, from disease Of the mind
as not to know the nature and quality Of the act
be was doing; or II he did know IT, that he did
not know be was doing what was wrong.
Mr. Ouid argued the above instructions for the
prosecution After which Mr. Norris, for de-
Tense, offered the following:
It's for the jury to determine under all the cir
cumstances OF the case, whether the prisoner is
guIny OF NOT guilty OF murder, or guilty Of man.
Mr.. Norris then proceeded to reply to the in
structons presented on the part of the prosecution
p. = The case was given to the jury al I2 90 D.
m, and they retired 10 their room. After an
absence Of al hour and quarter they returned
with a verdict % guilty as Indicted The pris-
oner, who bad maintained a bold demeanor up to
WIS uhc, turned Oedtnfy pale, ana seemed quite
unnamed by the verdict.
At the instance Of Mr.. Norris, the Jurors were
seyerally polled, and all answered guilty u
Mr. Norris put 10 a motion for a new trial and
the prisoner was handcufed and taken to the iail
followed by large crowd Of idle persons.
DRDARTrRK OF rnE PAwNEE.-This morning
at O'Clock, the sloop-of-w war Pawnee which has
been lying at the Washington navy yard since the
LIST OF March. left for Norfolk. Her officers are
conndent that they are to 90 further; but none of
them knew last evening to what place they were
pound, or how long a cruise they should make.
through the courtesy Of one Of her officers we
were, Yesterday. invited on board, and took
hasiy glance at the busy preparations going on
For several days carpenters have been at work
upon her, raising her hatchway and removing
apartments from below, while Others were closing
up with pitch the seams I'm her deck The men
numbering 40, all told, were Longing about the
vessel, or at their messes between decks, while
here and there sat the sad-hearted wives Of OH
Gers who had come down 20 say good bye, a fare
well more bitter because OF the uncertainty OF
Their future. Everything about the vessel save
the decks then Uttered with the chips Of the ear
penters, was trim and In It's place. The furnaces
were charged ready for the match, cu,laSses and
boarding likes ornamented the bulwarks, while
her long blsck guns peeped out like watch dogs