, 1863-01-03
THE E1OPF MURDER TRIAL.
Charge OF Judge Nan1erre to the
Jury.

Below wc publish the able charge of his
Honor Judge Manferre Of the Circuit Court,
delivered on tic S1st Of December to the Jury
in the Hopp murder trial, and crowded ont Of
our regular report at that time. It Is clear
and logical exposition Of the law governing
insanity, and exhibits in no small degree the
extraordinary research and high legal attain
mcnts for which Judge Mannierre has already
become SO well known throughout the entire
West. The document will well repay a
perusal; .-
REMARKS IN GENERAL.
IA crime ia defined as violation Of public
law. In the commission OF which there ehall be an
union OF act and intention. Intention La manifest
eating it's motive Of object, and the sound mind
and discretion Of the accused: person shall
be considered Of sound mind who is neither
an idiot nor 1nnatic nor affected with insanity who
has knowledge aud consciousness Of the distfnc-
ton between good and evil. In this case, the homi
eide Is admitted but the accused alleges that at the
Affected with insanity that his moral eense and will
wrrc subjected by It, and he was ob1iyious to the
moral quality Of the art. The law prcsumes the
and such At il Tie result of yoiit!on naneneed
den Of overcoming Ills presumption rests upon the
thsse T. an sbssase ofntenon which is essential
intellectual. and either general Or pastiai Moral
insanity consists IN disorder Of the moral aIac.
npns da1a. nd ,propenelties without any symptom
lbe understanding. intellectual ipsanity is dis.
order OF the intellect, and Is characterized BY de.
either in the belief Of things naturally imp6ssbc,
or Of facts 20 improbable when considered in con.
neeton with the evidence upon which the belief ia
them. But these general definitions, do
not afford to an unptofessionaI mind .
Rms ssss sasS snd sa 3as u 49,
apprebcnd those distinctions of science and law
I which are necessary to the formation OF tudg
meut in this case And II Is ttne to the accused
| that those distinctions shonld be mstkcd and de
aned with the utmost care and ezactness By thu
The mind. In Its more gencsa1scnsc, includes moi
| ouly the powers Of the understanding, as perccp
tion, reelection. Imagination, memory, W1I ano
/ Judgment bnt also the moral eensc Or conscience
rsss,ons; HE passions, incllnations and propen
~ Indicate tho state impulses Of the mind
az 1en,, een,asnte what are termed the moral powerf
s oI d1e assst itse
duct Of thc indiyiaD.aac the action orcon
The gassio9s non ass5so ~ ssons proceed fG tsa
@a ~i we seo juaee aneaf'9g Il C, aagmepf aud
i by his. condact,.- and ssssasfss a. fssc. of mau
latea by jast Ct esil ,h1Eapnses dste1n,nss sen e.
We speak Of the moral powers, we asc n.nGasretore
to refer to the propensties, dispostion OF trTa,
Of the mind wllilkt on the. other hand. VIE.
we speak Of the intellectual powers, wc trfs
to the faculties OF Judgment will and conscience
/ t'ThuB constituted, man il regarded BY law A.
free moral agent, endowed with the power OF Toli
| tfon or choice among different motives ptcsentc
to the mind, and of determining whether his cor
! duct shall be good evil, also assumes tbs
7 every man has the power Of determining whcthe