The New York herald., 1862-10-17


yduai that danger might He might not be 30 de-
aded the existence Of actual injuries that be had
received but he might grossly exaggerate them and
they might 80 operate on his mnd as 70 produce
But still he would be accountable 10 human tribunals IN
totally different sense. conceive OF person who
might not be accountable 10 his Maker and yet be per-
fectly accountable TO human tribunals. This species OF
insanity generally admitted in legal tribunals as
from crime; and it ought never to be admitted
as Q defence, until IL is shown that these pro-
psnss exist sScn sue % violence @ ronSsr
for the party do otherwise than yield. Where lis ex
existence is fully established this species Of insanity re-
heves from accountability to human laws But this state
Of be presumed without evidence nor does
u usually without some premonitory symptoms in
dcatng lts approach moral INSANITY sennen 70 20
its victim 10 involuntary crimes which he deess but
cannot avoid II said in the case OF the People vs.
Freeman that tho true test was did he know right from
wrong did he that the act contrary TO awY
To simplify the matter, you can ask yourself the
question whether the accused knew the act,'
show 70 do il and the consequences Of it,. IL Is
rule OF law who is 10 presumed to know and intend
the necessary consequences Of his own Illegal act II,
therefore, Is made to appear TO your satisfaction, oy
legal evidence that the accused did il with design then
the presumption would be that she intended to murder
cu,on the defence You have right to find one OF
three verdcts under the evidence before you
VIZ murder mansaughtcr in the third degree, which is
the killing OF human being in the heat Of passion with
out designing to elect DEATH by dangerous weapon and
mansanghter in the fourth degree, the killing Of human
being by cupable negligence. deem proper to state
70 you that the prosecution have to establish the truth OF
either OF these prOpos IONS and theY also establish
to you the fact that this pistol was fred by her with the
intention to kill this If you have any doubt that she
did this with the intention to kill him. that doubt Is her
property; and yos have any reasonable doubt in re-
gard 10 her sanity that doubt is her property. doubt
must not be mere possibility an abstraction, or far
fetched presumption but il must be reasonable and
heard II must be such doubt would justify you in
saying upon your oaths that the is 80 equally bal
anced on the part Of the prosecution and Of the defence
that in Justice to the oath you have taken you can
decide either way; and in such il is your duty to
render verdict of not guilty in other words, if the
evidence is Of that character, you will convict il not.
You will acquit The testimony offered by the defence
the subject of marriage and intimacy has bearing
upon the main questions of the prosecution.
l. Did she kill?
2. With what intent did she kill2
The testimony offered by tho defence the subject OF
marriage and intimacy can only relate TO the subject Of
insanity, and If the jury entertain reasonable
tiona doubt Of her mental capacity TO discriminate be-
tween the right or wrong OF the act Of killing then the
jury must dismiss from their minds irrelevant all the
testimony offered the subject of marriage and inti
macy. The sole legal test OF insanity defence in
criminal trials or as applicable to raise reasonable and
rational doubt Of the sanity of accused is whether
or no the party accused aborng under such defect
Of from disease of the mind as not to know the
nature quality Of the act he was doing or, If he did
know il that he did not know he doing what
wrong II will be the province Of the jury to convict of
murder in the first degree.
First-If the jury Of opinion, beyond reasonable
and rational doubt-such doubt as man acts upon in
adudging his airs-that each of the following mat
ters are proved by the evidence
l. That at tho time the deceased received his mortal
wound he received 1t from the pistol in the hands Of the
accused
2 That at such timeshc prisoner entertained design
to take the life of the deceased although such design
formed at the instant OF The fatal sho and discharged the
pistol with that design
g. That at such time the accused was mentally capable
of discriminating between the right and wrong OF The act
Of shooting, as well as of the design aforesaid.
That it will be the province Of the jury TO convict OF
manslaughter in the third degree the Jury believe
from the evidence that accused In the heat OF passion
and without design to effect DEATH killed the deceased
by means Of the loaded pistol That it will be tho pro-
vince of the jury TO convict Of mansaughter in the fourth
degree the Jury believe accused provided herself with
the pistol for the purpose Of using to either rghten
menace deceased such being an unlawful purpose) and
that, using the pistol with such purpose struggle for its
possession ensncd between accused and deceased,
in which struggle the pistol was, in conso
qnence thereof discharged towards and killed deceased
Courts established for the administration Of Justice
1t is for this purpose that you brought here today
BY administering justice you operate in twofod cha.
ractsr-hst the community; second on the accused
II the community lind that protection is given them by
the courts they submit their grievances 70 them they
their own hands prompt and certain punishment for
crime s the only security society have Let 1t only
be generally understood that redress be relied upon
in our courts Of JUSTICE and from that moment the evil
passions will rise such to appal the bravest
among as No, gentlemen let II never be said that in
this republican land OF person is high enough rich
enough influential enough to defy the offended majesty
OF the law, or one so poor, frisndless and OBJ
scure as to be turned away unheeded and neglected
The age, condition or sex OF accused ought
to have the slightest weight with jury Mercy the
mitigation of justice, the privation of it. jury
should be very guarded against all appeals TO their mer
cul consideration Your judgment should be governed
and controlled by the weight Of testimony. The proper
execution of our laws and the safety OF society vastly
more important and mandatory upon all than the
tension Of sympathy. As to the medical testimony.
he did not consider it material Indeed he did
deem 1t important; for you seldom find two doctors
to agree except they belong to the
school, The act Of attempted suicide does not always
necessarily prove insanity The accused has received
good character, and the jury would take that into
sderation He would not give any opinion on the facts
n
med up in such an able and mastery manner
this has been by the counsel on both sides. Your
judgment should be controlled by the evidence and not by
The sympathies of the community always
with female, particularly in capital but the jury
SO by no means imply that you should convict this
woman When you retire TO your room you will weigh
the evidence that has been submitted to you that
evidence alone render your verdict.
The jury retired at twenty minutes after four O'Clock
Up to half ten O'Clock last night the jury had not
agreed upon verdict The prisoner had been kept up TO
this time in the District Attorneys Office In custody Or
Sheriff Lynch, Judge Barnard having directed that the
Jury did not agree up to this time, that after that hour
they must be kept together until the opening Of the Court
in the morning 1t was runcred that the jury stood
eleven onc but whether for against the prisoner
We could not learn.
At eleven O'Clock the jury had not agreed and was
locked up for tho night under the charge Of E. j. Knight
Kimmens aud Purdy, officers Of tho Court.
which an immense crowd Of spectators assembled every
day the greatest order maintained by the officers In
and the deoorum of the Court but once
twice interrupted by ebuton Of applause or an
burst OF laughter The names Of the officers
are Harry Bertholf (crier) Samuel Rowland, Philip H.
JONAS Edw. j. knight, George Purdy and Richard Kim.
Minis
Coroners' 1nquests.
THE MURDER or POLICEMAN wLLiAxs.--Coroner wildey
concluded the inquest yesterday in the Of policeman
Henry L. williams, Of the Ninth precinct, who
dered in the disc barge OF his duty by drunken fellow
named Edward Nc Cormack. The evidence against the
accused being OF elusive character the Jury
found difficulty in agreeing upon verdict charging
the accused with the murder. Mccormack, In his
said that he had been advised nothing
at present. would reserve his sMemcnt for
appropriate occasion. Tho prisoner is native Of Scot
land, and is twenty four years Of age lie commit
ted TO await the action Of the Grand Jury.
AN ANTE.MoRrEs EXAMINATION Coroner Nauman was
notified yesterday 10 hold antemortem examination In
the OF Charles Kuhmann German, living at No 90
Mott street, who was beaten In most shameful manner