Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-07-17

PROCEEDINGS TO-DAY.
THE INSTRUCTIONS ASKED.

when, as usual, there was a large crowd
of persons present. The prisoner came into
Court few minutes after, in company with
her counsel and lady friends.
The Jurors were called and those not on
this case were discharged until Wednesday
morning.
Mr.. Bradley desired before any proceedings
were taken to understand whether the depo-
sitions in relation to the ring were in evidence.
He did not wish to go INTO the case without
perfect understanding.
Mr.. Darlington said he objected to the state
ments in regard to a marriage contract existing.
Judge Wylie said that the Court had ad-
mitted those statements on the ground that
they formed portion of the history OF the case.
Mr. Bradley said that the defense had pre-
pared instructions on these several points.
Judge Hughes had them, but at that moment
MI Darlington said the prosecution had
also prepared prayers for instruction. He be-
lieved the practice to be to hear the prayers
from each side, and instruct the jury as to the
law and evidence.
Mr.. Bradley suggested that Chief Justice
fancy adopted rule to hear the prayers
from the defense alone, giving the prosecution
the right to modify them.
Mr. Bradley, for the accused, offered the fol.
lewing prayers for instructions:
Jnfry Snail find that the prisoner com
mitted the acts charged in the Indictment
therein named and thereby produced the
death of the said A. ]. Burroughs, as therein
shall further find that when the prisoner COM
United said acts she was either by physical dis
ease or some moral cause not yolun tarily in
duced by herself or by both operating upon her
faculties unable to control her will an i actions
with reason and judgment in reference to the
acts so committed, then, in the judgment of
law, she was insane, and could not be guilty
OF the offence charged in the Indictment, and is
entitled to a verdict of not guilty.
Or if at the time of the commission of the said
act, as aforesaid, the prisoner was moved there
&c hprr
and judgment, too powerful for her to resist,
ana SAID insane impulse arose from causes
physicaisor moral, or from both combined, not
voluntarily induced by herself, she is entitled
to verdict of not guilty.
And II the jury entertain reasonable doubt
As to the soundness of the mind of the prison.
er, as stated in the foregoing instructions, at
the time of the commission of the said acts, she
is entitled to the benefit of that doubt, as she
would be to the benefit of doubt as to any other
material fact in the cause, for it is of the
elements Of the crime charged in the indict-
ment in this case that the person charged shall
at the time OF the committing of the offence be
of ''sound memory and discretion" and with
out this the offence is not complete in law.
Mr.. Wilson, for the prosecution, offered the
LIST. If the jury believe from the whole evil
dence that the prisoner at the bar left the town
OF GAINESVILLE, Wisconsin. and came 70 the city
OF washington for the purpose of instituting a
suit against the deceased for breach of promise
OF marriage, bringing with her the pistol offered
IN evidence, and after arriving in this city, and
the time stated in the Indictment, repaired to the
Treasury Department, in this city, inquired for
the deceased, went TO his room IN said building
and saw him, then concealed herself and laid
in wait for him, and as he was passing by fired
said pistol at him, inflieting wound of which
he died, and then cooking the pistol fired at
him second time, they should find her guilty
as indicted, unless they are satisfied by said
evidence, beyond reasonable doubt, that at
the time said homicide was committed as afore-
said, the accused had not sufficient reason to
know the nature, QUALITY and character nj no
homicide and sufficient capacity to distinguish
right from wrong in regard to that particular
I'd. If the jury find from the whole evidence
that the deceased came to his death at the
time and place, and in the manner set
the accused guilty as indicted, unless they are
satisfied by said evidence, beyond reasonable
doubt that at the time the homicide was COM
United, as aforesaid, the accused had not suf.
fcient capacity to distinguish right from wrong
in regard to the homicide, or was from disease
incapable to resist the commission of the act.
id. II the jury find from the whole evidence
that the deceased came to his death at the time
and place, and in this mannt. set forth in the
foregoing prayer, and if the jury find that the
Cused entertained feelings OF hatred tow ards
the, deceased and was conscious that she was
subject at certain periods to paroxysmal nsani-
ty, and that the presence of the deceased was
an exciting cause of parexysms of insanity and
having previously armed herself with a pistol
voluntarily sought the deceased in the manner
set forth in the first prayer, the accused is not
enIlieQ 10 an dcQ ullLdl, on the ground that the
act of shooting was an insane impulse or
caused by paroxysmal insanity, but the jury
should find her guilty of murder or of man
slaughter.
4th If the Jury find from the whole evidence
that the deceased came to his death at the time
and place, and in the manner set forth in the
foregoing prayer, in order to entitle the accused
10 an acquittal on the ground of insanity, it is
not suff Gent fer the accused to show state of
mind susceptible to disease, nor is it sufficient
that the proof merely shows that it was posi-
nrOh9hla tha TINA oF
commission of the homicide the accused was of
pnsound or diseased mind, and subject to fits
OF insane fury, and was subject to paroxysmal
5th. II the jury find from the whole evidence
that the deceased came to mis- death At the time
and place, and in the manner set forth in the
first prayer and if the jury further find that at
the time of the commission of the homicide the
accused was insane, according to the evidence
and the law as stated by the Court, they should
render verdict in the following form, to wit:
Not guilty, by reason of insanity, or words
to that effect; Act of February 18th, IL statutes
9th. II the jury find from the whole evidence
that the deceased came to his death at the time
and place and in the manner set forth in the
first prayer, in order to entitle the accused to
an acQuittal on the ground of insanity it is not
sufficient for the accused to show state OF
mind susceptible TO disease, is it suffi cient
thai the proof merely shows that it was posi-
BILE or even probable that at the time of the
commission of the homicide the accused was
of unsound mind and parox ysmal insanity, but
II DC SAO@A " SdtlSidCuOn OF the jury
and beyond reasonable doubt that the act of
homicide proceeded from a paroxysm of insani-
ty occasioned by disease, and not from criminal
intent.
Dir. Bradley proceeded to argue upon the
prayers offered. saying that he would not cite
one authority, but would heap them, that the
Court might Gull therefrOm those cases it
thought proper. The first paragraph was sus-
tanned by all respectable courts. He quoted
Metcalf, p. 500, and said in order to constitute
crime the person charged must be possessed
OF power of reason sufficient to know right
from wrong, and understand the relation he or
she bears TO others and rice rersa, to be respon-
sible for his acts. He must have reason enough
to understand that he will be liable to punish
mept for the act.
sion Of the act was under the control OF q
disease of the mind, was entitled to acquittal.
In 1862, in the case OF John Day. the Judge
(Crawford) entered largely into the two prin-
ciples he presented, and came to the same con-