The national Republican., 1861-04-06

through" at this trial Had conversation
with Mr.. Thrift, one CT the counsel for the ac-
cused, at the quarters. Did not tell him any
thing about the circumstances Of the case.
Believed then that he was one Of the counsel
for the defence, and was very cautious not TO
give any information in favor Of the accused.
Pripdte Langdon, recalled.-Saw Foley when
he was coming to the quarters in the afternoon.
His coat was partly open, and he looked as if
he was under the influence Of liquor. Saw
no frothng at the mouth, or anything of that
sort.
Sergeant MCout, recalled. - Saw Foley
about o'clock that afternoon, in one of the
little ante.rooms. He was then very merry,
but there was nothing very unusual about his
eyes.
Crossexamined.- a quick motion
of the eyes, but had seen them look more
strangely before.
The evidence closed here, and Mr.. Norris,
for the defence, asked the Court to give the
jury the following instructions:
l. The Court instruct the Jury, that to
constitute the crime of murder, the killing
must be with malice aforethought, either ex.
press or implied by law, and that although
they should believe that the death Of the de-
ceased Michael Murphy was occasioned by
the discharge Of the load from the musket in
the hands of the prisoner, without any provo
cation, yet, if they further believe that the said
musket went off accidentally, or that the pris.
oner was not aware that it was loaded, he can
be guilty of manslaughter only; and if they
i have any doubt as TO either Of these questions,
the prisoner is entitled to the benefit of the
doubt.
2. If the jury believe that the prisoner was
intoxicated from the use of ardent spirits at
the time Of the commission of the offence
charged in the Indictment, whilst drunkenness,
Of itself, does not relieve him from legal re.
sponsbility, yet it is a fact to be considered
by them in connection with all the evidence in
the case, as to the question Of intent.
3. If the jury believe from the evidence
that the prisoner, at the time Of committing
the homicide in the indictment mentioned, was
in deranged state of mind, from whatever
cause, SO as to have been incapable of under.
standing the legal consequence of his act or
of his social and moral relations to others, or
of distinguishing right from wrong in relation
| to the particular act Of which he stands charg.
ed, he ought to be acquitted.
| 4. If the jury believe from the evidence
aforesaid, at the time that he committed the
homicide charged in the indictment, he was Ia
boring under some mental delusion, which for
|
is not accountable in law on the said charge,
and ought to be acquitted.
s. If the jury have any doubt as to the case,
either to the homicide or the question of san.
ity, the defendant should be acc uitted.
6. The law does not require that the insan.
ity which absolves from crime should exist
for any definite period, but only that it exist
at the moment when the act occurred with
which the accused stands charged.
Mr.. Ould objected to the third and fifth in.
structions, as well as to the phraseology Of
some of the others. The instructions were
argued at considerable length by Mr.. Norris
and by Mr.. Ould, but, without concluding, the
court adjourned until ten o'clock this morning
FATHER BEEsoN AND THE INDrANs.-At q
meeting Of the Board Of Managers OF the
Young Mems Christian Association, held last
resolutions were unanimously adopted:
Whereas Mr.. John Beeson has presented
himself before this Board, and proposed some
cooperation on the part of our Association
with him in his efforts in behalf Of the Indian
race, and an endorsement by US of his charsc
ter and enterprises therefore
Resolved, That, after having heard the state
ments Of Mr.. Beeson, relative to cooperation
with him in an effort to ameliorate the con
dition Of the Indians, and being satisfied tha
this work Is not legitimate to our purposes, w
decline to take any action on the subject.
ResolVed, That we do not recommend Mr.
Beeson to the confidence or assistance of tn
community.
EJEoTMENT OF A CoNsTABLE.-A few day
since, one Of our county constsbes went to
store in the county, and informed the owne
that he would have him arrested for sellinJ
liquor by the small. The owner thereupon tol;
him that he knew how to proceed, and, if b.
liked, he could go and inform on him, and a
the same time ordered him to leave the house
which order the constable refused to compl
with. The storekeeper then elected him from
the house. The constable, on coming to tn
city, was about to procure warrant agains
the storekeeper, charging him with assault an,
battery, but be took the advice of the magis
trate to whom he applied, and let the matte
drop.
STEALING WooD.-Last evening, Guardsme
|. Randolph Williams in Marble alley, each wit
wheelbarrow load of wood, which they ha
stolen from the yard of Mr.. W. Levy. The
stated at the Guardhouse that colored ma
gave them the wood, and that the wheelbarrow
belonged to a Mrs. Brown, and man living O.
Four.and.a.half street, on the Island. The
will be examined on the charge this morning
FLAG RAISED. - Yesterday afternoon, tn
Jefferson Base Ball Club, who exercise in tn
7 Franklin square, testified their devotion to tn
Union by raising pole on their play ground.
on which they hoisted the stars and stripes.
D ARTILLERY PRAcTIcE-Yesterday morning
r company I, light artillery, proceeded to tn
0 some time In the evolutions pertaining to tina
t branch of the service and in firing with blan
, cartridge.
; At the same time, the detachment of dra