New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-10-17

Tho telmony offered BY she defense On the subse. ~
rage ssd in'inacy can only relate to the 81 irs
mental capacity to discriminate between the gLt On ~ n@
te act Of AiDg then the jury d..s frSn ths s
marriage and intimacy The sole legal test ofin,sn,vu
trnS- IN ermne trial. or applicable to raise rsssonI
he party accused aboring under ncb Ssehsr
reason from disease Of tho mind KNOW the rs,. i
qa,'y Of the ACT he was doing or IL he did know e. NH ~
cid not know be doing what wrong II viii i ~
province OF the jury to convict Of murder In the FIR, We
t. he Jay are o. opinion beyond reasonable ssd
bis own aair'thst each Of the following matters are
oy the evidence rs'so
T. That, the time the deceased ceived h,,,uo,,
he received II from the pistol ia the hands Of the
H. That at s1ch time The prisoner entertained dess, :.
take the life Of tho deceased sthough such design w
ire instant OF the fatal shot, and discharged the
that design. N'o'Wth
] III That at such time the sccused was mental.
discriminating between the rgh, and wrong Of ~ o.
shooting ss we'll 80 we'll Of the design aforesaid ""
Tha, Il will be the province of the jury 10 can.,,
slaughter in the third degree IL the jury besys " man
evidence that accused In the heat OF passion and win.
desra 20 effect death killed the deceased by mssas
loaded pistol That viii be the province Of tbe Ine
convict of rnsnsaughter IN the fourth degree iftbs
ieve accused provided herelfwi,h the pistol for The w.
Ok u, s''ea 20 or ,nensce deceased ,.aeh being
purpo,e struggle for s possession easued between
qooncs thereof dchmred toward snd Sl.s ds, e's
Couus are estaoished Tor the administration Of n,res
Is ot ihls purpose tns you are brought here ts.ds,
n0ter-hrst, on the comnunity-second on the ee.psl
VI community find "a o., IT,
the oourts they submit th-i grievances them; II ,h.y AZ
truss te fidelity certaioty they take the ia eir sra
hind' prompt and certain punishment fo crime 4 r.
oDy security society have lie, Il only general, mn
dsood that rdess be relied upoH or CONT, ~
justice and ron tina! moment the evil passions win rss II
sgch manner 20 sppl the bravest anongns No. ssnn
men, 1t DC that IN this republican lard IL orr
Is high enough ich enough Influential eaossh n,
DEFY the ooded rnss,y Oh The law or one so roor s
eced The ace condition. Of accused onght not 10
haye he ,sae't w.igit with jury Mercy g TIE ni!.
very guarded against all sppei TO their merciiol copders
ton You. judgment should be governed aud CONTROLLED
law and the safety Of society {, vastly more ia.
P'r.ant, snl mandatory rVon Us all than the ex,en
he did no, consider Il material Indeed. be never ID
esn important Tor goa seldom ind two doetors to sss
cued has good cracer and the Jury would tss
that into consideration. lie would not give any opnios "a
he sci tue c,sehat was the province osthe J1iy aud
be should say that he never head summed up sab
an aoe ana @a,y manner Is ,s bSd been sy e counsel
ostenc and not BY sympshY The ,ympshes Of the con-
bot tie Jury have risat y hs swsyeiby ympaly
Bl' IN saying 90 ey no means Imply th you sheald
the ace ts 81 h,s been sbSsd to ys -. I ca
tat ii-ncs siour render yosr verdict. e~~a
u o'clock they mad no. sseed .nd we've locked up FOR tie
gf nrisr the charge OF r. j. Knight. Remaeis asd PUr
~, oihccS ofthe Court.
UNITED STATES MARSBAL'S oFFICE-0cE 49,
RrSNfsG THE BLoCK.DE-PRisOSERs PAROLED.
The following named prisoners were tIansfe ted
to the custody Of the Marshii: u 3 Jonas A. Penang.
,op j. Ransom. Wia n. Matthew'S and Ernest Iectrsss
They were otp.urrd t0cly Island by the ~ steamer
sachusett essrsed with running the blockade The Bov
the Msr.hai orders put Jones ia Fort Lssy
ete aud release Z.chIon uuoor i3pany The rest were
deed 20 be released giving their parole 81 homer Tie
following he toxin Of parole printed blanks Of which have
oern pc pared b. the Marshal;
PARorR 0g HONOR.
sonihern Distre. Of New. York John De 10
~ give my that viii no, bear aflrs
The ne Stass give any eid comfort % those
rebs Lion sairs. tie Government 81 the nited stars
Dated day Of -, 1867. JOHN DOE