The national Republican., 1861-05-11

CIRCUIT COURT.-The case OF the United
States sgainst John Foley, convicted of the
murder of Michael Murphy, and brought up to
this court by a writ Of error, was taken up yes.
terday, and argued by Mr.. CarringIon, the Dis.
trict Attorney, for the prosecution, and by
Messrs. Norris and Thrift for the defence.
The case was opened for the defence by Mr..
Thrift, who argued at considerable length to
show the justice Of the prayer offered by the
defence in the court below, 6nd which had
then been refused, viz: that if the Jury enter.
tained reasonable doubt Of the defendants
sanity at the time of the commission Of the
homicide, he ought to be acquitted, the excep
ton being based upon the refusal to grant this
prayer. He contended that it was incumbent
upon the prosecution to prove the sanity Of the
party charged, and quoted numerous high au.
thorities TO sustain the position.
Mr.. Darlington followed for the prosecution,
contending that the doctrine that the jury must
be satisfied beyond reasonable doubt Of the
prisoners sanity, before they could convict, was
q modern heresy. The 0nus probundi was
upon the party disputing the presumption Of
sanity, which is the normal condition of the
human mind. He referred to a number Of au.
thorities in support of this proposition, and
maintained that the principle for which he con.
tended was founded upon principle and au.
thority.
Upon the conclusion of Mr.. Carringtons re.
marks, Mr.. Norris addressed the court in be.
half Of the defendant, and contending for the
justice of the instructions asked for in the court
below.
The court held the case for consideration,
and will give decision before the adjournment
Of the term.
APPoINTNENT.-Marshal Lamon has appoint.
ed Anon Duvall guard at the jail, in place Of
N. g. Sanderson, removed.
FIRE.-The alarm Of FIRE, yesterday morn.
ing, was caused by the burning of the store
and residence Of Mr.. John Watt, on the corner
Of Twenty second and G streets. The sentinel
posted on the opposite corner, at the quarters
Of the Watson Guards, Captain Calan, gave
the alarm, and the company Immediately went
to work. They succeeded in not only saving
nearly the entire furniture, but also Mrs. Watt
who was not aware OF her danger until the door
Of her room was broken open by Lieutenant
Dobson. The Dodd Rifles, of Massachusetts,
rendered valuable service with the apparatus
Of the Union fire company. The Zouaves were
also early on the ground with the Columbia.
Communicated.
MR. EDIToR: Never before was the total in
efficiency of the police force of this city more
strongly exempli6ed than upon the occasion
Of the shooting Of young Howard, few nights
since. Upon that OCCASION the police force
proved themselves entirely inadequate to the
performance of their legitimate duties-i. e..
the preservation of the peace Of the city. Il
was owing entirely to the efforts Of the military
and not the civil authorities, that the peace o.
the city was preserved. The efforts put il
force on that occasion were by the members O
company d, Of the eighth Massachusetts regi
ment, and especially by Lieut.. Frazier of thai
company, whose promptness prevented the cit
izens and military present from lynching the
offender.
Please insert this communication, and by
SO doing you will give honor to whom honor i.
due. "H."