The national Republican., 1861-04-08
sEUCA Z NEW S.

CoutL Mr. NoTrb proceeueu 70 auuresB tne court
in reply to the argument Of the District Attor.
nsy, in Opposition to the prayers by the defence
Of the preceding day. Ngri
Upon the conclusion of Mr.. Norris's argp.
msnt, Mr. ould offered the following prayers on
the part Of the prosecution:
l. lfthe jury believe from the evidence that
the prisoner, without provocation, and by means
Of deadly weapon, intentionally killed the de.
ceased, when the said prisoner was voluntsrily
intoxicated, and while he was laboring under
temporary suspension Of reason, directly and
Immediately caused by such voluntary intoxi.
cation, then he is guilty Of murder.
2. If the jury believe from the evidence that
the prisoner, without provocation, and by means
Of q deadly weapon, Intentionally killed the de.
ceased, and that such killing was the immediate
result Of intoxicstion on the part of the prison.
or, and occurred while such intoxication lasted,
then the prisoner is guilty Of murder.
8. II the jury believe, from the evidence
aforesaid, that the prisoner, without provooation
and by means Of deadly weapon, killed the
deceased, either from antecedent malice or from
malice springing up ct the time of the use Of
the said deadly weapon, then he is guilty of
murder. ~ b'' .-.f''', 'ef
A. In order to acquit the prisoner on the
ground Of insanity, it must be proved to the
satisfaction Of the jury that at the time Of the
killing ofthe deceased the prisoner was insane;
and 1t is not sufficient to sustain the defence Of
insanity, that the jury, from the evidence sfors,
said, are'in doubt whether the prisoner at the
time Of such killing was insane or not. ~ 1T
c6. 10 order to acquit the prisoner on the
ground of insanity, it must be clearly proved
to the satisfaction 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
sAd quality Of the act he was doing or If he
did know It. that he did not know he was doing
what was wrong. ..'.
Mr.. Ould argued the above instructions for
the prosecution. After which, Mr.. Norris, for
defence, offered the following:
It is for the Jury to determine, under all the
circumstances Of the case, whether the prisoner
ID guilty or not guilty of murder, or guilty Of
msnslaughter.s ..e 49,
Mr.. Norris then proceeded to reply to the
instructions presented on the part of the prose.
cution.
After Mr.. Norris had concluded, the court
instructed the jury as follows:
|. To constitute the crime of murder, the act
Of killing must have been done with malice
aforethought; and this malice may be expressly
proved, or, in the absence of sufficient provoea.
ton, it will be inferred by law from voluntary
killing.
2. If the jury find from the evidence that the
death Of Michael Murphy was Immediately
caused by the discharge Of loaded musket in
the hands of the prisoner, without provocation
yet if they believe that when he presented the
musket at deceased it was discharged accident
ally or that he did not think it was loaded, be
eau be found guilty of manslaughter only
And If the jury have reasonable doubt upor
either Of these points, the prisoner is entitled
to the benefit of that doubt
3. If the jury believe that the prisoner com
mitted the act charged in the indictment, ant
that ct the time be was intoxicated, such intox
ication will not relieve him from legal respon
sibility; yet intoxication is fact to be weighed
by the jury in connection with all the othe
facts Of the case, In determining whether tn,
act Of killing was accidental or intentional.
4. II the Jury find from the evidence that tn
prisoner committed the homicide mentioned il
the indictment, and that he was then Of 30 un
sound mind that he was unable to understan'
the consequences Of what he did, and could no
distinguish between right and wrong in regar
to the particular acts with which he stand
charged, then he is entitled to be acquitted.
8. The law does not require that the insanit
which absolves from crime should have existe
for any definite period before the act is cou
mitted with which a party is charged. 1t suffice
if the insanity exists at the time the act
done.
6. If the Jury have reasonable doubt as t
the commission of the homicide, they mus
acquit the prisoner.
7. Under charge ofcrime, the law presume
the party to be of sound mind until the contrar
is proved. The burden is upon the party plead
ing insanity to establish his plea by satisfactor
proof; and to this end it is necessary that, |
the minds of the Jury, the evidence OF insanit
should outweigh the evidence Of sanity.
The court also granted the first, third, fourtl
and fifth instructions asked for by the prosec
ton, and the last one prayed by the defence.
The case was given to the jury at TWEEN
minutes past twelve, who retired to their roor
and after an absence of an hour and quartz
returned with verdict Of guilty as indicte
apparent composure, though he seemed deep
npressed by the position in which he vi
placed. BY request of Mr.. Norris the jury we
severally polled, when they all respond'
"guilty."
Mr.. Norris then put in q motion for ne
trial, which will probably be argued to.da
The prisoner was then handcufed and taxi
to jail, whittier he was followed by lar
crowd.
DEPARTURE OF THE PAwNEE.-The slo
Of war Pawnee, which has been lying at 4
navy yard since the lst Of March, left on s.
urday morning for Norfolk. 1t is genera
supposed that they are to proceed further, ;
none of the men knew where they were bour
or how long a cruise they should make.
CENTRAL ARDHoUsE.-Saturday Night.
Before Justice Cyark-Patrick Broden, VIII
ping his wife dismissed. VIM. Roman, (col
ed drunk; fine and costs, 1924. John \
$3.l7. Joseph King, (colored, disorderl
fine and costs, $2.l7. Mary Kelligan, Nj
Cavenor, and Charles Langster, vagran
workhouse.