, 1863-02-02

i ppn atstrnncntH made By th: prisoner himself
frown 10 lie witness, calculated 70 cause to5 tlo
me Being tisr sympton:s or :aatcatGns o. dlsoi,
.aach Al opinion ii entitled te little respect,
Ard fret, as 10 the nsana and opportunities IN; gn:
untl hcy exa,ai!cd him in tho jail, Or hid more
har tTo af S. hen sch aid So
exceed tYo hours in du5ation. nnd son;e OF them
did not continue one Ono G5 ' 9fs e h tne n Gts
INV or tsvo he!or1i The trial commenced. And sec
Uud!y, as to tho grounds upon which their opinions
we're 5nset the psssal eeation prsonerse
isranity; ~ VIZ: That dnris tbeir respective cram
dred and twenty PCT minute that hc .andc but one
respiration to z}x pulestions Of the heart; TINT
There was no disease of ne 'nngs; ana , tnaTt Sr a.
was 10 ipdication of disease in that |: 15gsn; and
that The symptoms Of arrangement y whisn ~, were
Thry also, In the main, entirely concu7ed in this
that though there aouc incohcrcnce III thu pris
bea Tss
ural condition. and that IN ite broad texture It
remarkably clear. They also eencnzed IN an
0oshtpg s pympens Das Or eoadtion eoSs
which, by itself, and without other reference,
would enable them to say that the prisoner was In
tion spoken Of are not. necessarily, indcia Of IN
unzonnd or disorde.ed state Of mind. though IN
dlea.,re 81 some local disease Of the brain Or emo
Upon what eyidcpce,, then we're their opinions
thgy scyeIol1y testified as follows:
DR. McFAnIANE-"I could not have formed an
opinion hut for his talk. Iregardcd tho statementa
which ne made 10 me as important in forming my
DIR. WMo--"1 / madc up my mind from the symp-
toms tor Mhicll discovered and the conversation l.
ar
talk and actions, and also upon llia physical symp
|. touB.
.Dn: PAnkEn--'1t waa what the defendant said
that decided me as to his insanity"
As tho statements Of the pslsouer had 70 much to
do in the formation Of the opinions Of these wit
t Ia requisite that wS n snond 1, know whaf
before We can judge sEhat weight should be given
to them. The narrative Of the prisoner and his
manner Of repgti!lon xas much .6c same to one as M
their minds concerning him, Of the truth Of the fol-
lowing matters, VIZ: That be was somewhat inco-
deep dcl,,eion WITH respect to his wifes want of
chastity, and that this was Just excusc for the
homicide; that he had no consciousness Of having
committed crime, and felt no concern about the
rrsnlt Of his tria; that he was impressed With the
aud Lad 5ut 70 50 nse S9alt ana ssats s6e fsets
have fnet1nt ac9uittal that his case one Of
Most Certainly of tic Impressions q these wit.
nessss were based upon tInsmla othef Words II
mott eontsolins influence in dsterminine the ques,
tlon Of his insanity. Butthe evidence on this trial
has disclosed many matters il The history Of the
| prisoner WHICH tend strongly to .orcrturn them
matters in all probability wholly unEnown to the
One faet was that the prlso:"r ,Sas IL tic habit
| OF drinking in bis condnemr:.i and was probably
under the influence Of ardent sprits at the time q
| his Interviews with them, and thus what appeared
unnatural in his pulsatlon and respiration might
BE- fully accounted for by, that influence, Medical
Ss Ssa Ss cd K an
Take the ,physica! symptoms away from the de-
fcnse. and It wond have nothing wha' ever to glye
%nesssa e. ptso
er had an enlargement OF the heart, anu ihat tnat
disease is manifested BY its effect upo, the pllsa-
lypotheees before then-and upon the truth ot
either these symptoms cease to have any signI-
e7ass wss true that the prisoner WAS 1aboring under
that Be bad dons light II taking bis Wis ife; aad
that It 10 make out tic prisoners defence il i no!
With q Jealous iueau{trs 20 10 sneak. but it musl
also be shown That such insanity was SO great as o
involve tic whole texture Of l,is mind and obscure
vas 81 wrons he eva was gaity ofnuraer, % notwithstaad ID
ins be my have been PARTIALLY insane on the Sub
the verv hichest ,mnnriance tn knnW nnt mi,
rhethrT h.. realir hsd sMch a deiusion. Int a1st
whete. hf IT, mind vas In the e. ttate indicated r.
nsss,nn whetber 1 ins;nc or 1atons1 unier tbc cr
rrmm.tanrca n rhia ra.e wn,,ld cn1nstitntc m ex
/ crsaNMnt aye1, rHsnre ~ no i1o NJ tha criToa -
T6e tin Of esidsase yhIch The mcdeai a Witness
Is Of M m e ot Ren
Naa m nnn-:hens;nn ~ Emowic;itse n9navinW rnn
Statements that he should ret clear aud also iron
= thr tart That he never e1 e1nreeseI renret for III
erimsf s.But."' "'eaii The witueas. III be bad e1
nrnescd dacn recrcf that h. haJ k,,lcd ri. VII.
shenld net by aay means ha;s formed tls e oplnijo
hrtwccu rirht md wrorc. 8, no. sir" simla
/ cviencc wSs Given by most. Il not ali the rest c
this cIass Of witpcssSs, '' A1'' ''' '~e'
J. Was II true that the prisoner had no regrets o
of thc most - st1iRing peeuliaTities q The inssn
r question Of this kind. What is the evidence
= Whilst IN Jail, he was asked by witness
nc h4d @ any regrets. aat ats answer ,do "as, ~
l. fwould give funilred worlds il ] had them
i put It back again" There was other testimony
C Hld he no apprcheusions about the resi-,
e of his trial, and was he impressed with a bell
that he Mopa be aeqttsd pPon feeitinE the f.ete
the cnsto5T Of an of5ceF be- inaailed. sWho wv We
t@hs @ Atto;nsys = 5unpssfzs' o. being tod
aa;n assid - sro aonn III, u
1Hr II Eeor ghu H. m hsd hsara % a M ri
| hal - $,r ~ 10
% nv ~ ~ a. n 4 m.na ~ ~, Tc
- we+e n}sn 1nanr ofher r;-crmatsncsa ,rovoa I'm
~ Me.e "aSv T 1 IL oSast t ~; @ 49, rtu,,eu ~ ss ,
tsSt;ve IN the nreIarat; ~ his defanrt ftcnneI
IL Snn',t f ~ itnanses ~ ns n nsu1t;ns t
20 thers n rscara IRA ~ tie eonac1 wHon he sb"n M
t1,oro orr horn7t, ,,s,r,,,, Il, n. ,,,,so
Hns tne1s NY nGIsuaIy .i .nshlas IL soe ptleu ~
@ ~ s .lg Js.i sasJGGi .uese WIZ sums :,
;am smehfer a. !; txsa s1.o " asasrtod th,t
mnt r. Fnaisns IT, ean Wh rs
~ aa aS ,pesod 4hst /. ,raa a.
S oi t,Jnd ht ntpt 'rno . ~ W. ,vbtIM r. ~ u
~ ~ fohe1nss r.a osneaJ hr onti. ~ snrsatbi Fl
~ =, lo xeS ~ ,naa c,o!!! y! that h y! a a ~
~ ef,ie ana ~ hormin.a ;rnh,e;Ia ,ros no, donio
III Tbare T.; nu ~ raaesH aan T. hn 1 +Si
au;t ~ 'G .p a+ - ~ ~
70 fenn nn. ~ H.. @ ~ ~. ~ e11 asn1 ~ ~
pt p.stnes ' aa.' snei; 1as " i I,.uEree M sAIs
~ VA. "Hs tnsn y LIZ G. VII 1eas EnEla
By Of insanity In any aunt or other relative - q
70 70 ARG by nc prisoners brothef;in.la" That
y nau AeEe1 nea1u OF Any ineAnltJ III Ihc lau1ly.
n oSLE 1NsASE WHEN INTOXICATED.
K But this is not all the Testimony Informative
this ~ ~ Weh h hos H. a. igau ~
T. its built m mainly On The evidence of proiessie
OF a Wltnessea, the pfoeec9tion examined more q
y morc or lcss Intimacy for many yea1s Some &c
pig 9n ehdfn a IT. fsr snd ha o5
H. y, | again had been on most friendly tc1mg
on neigh9orly, mtslconlee: IhseG witnesses M
tc duct any evidence ofmental unsoundness unlezs
wben ~ Us eS Was saton
81 correct in his department to his wife, never ma
le- Wen1 ah. hnr wheo IN iinnnf whether h. "a
.ss planned Of ill-hca1th not.7' And not the le