Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1865-07-18
Trial of Miss Mary Harris
for the Murder of A. J.
Burroughs.
THE COURTROOM CROWDED
The Opinion of the Court on
the Prayers Asked.
District Supreme COurt---Criminal Term,
ASSOCIATE JUSTICE wYLIE PRESIDING.


The Court convened this morning few minutes
past ten o'clock, a tremendous crowd being
present to hear the argument In the case
Miss HARRIS did not enter In the Court room
during the time the Judge was instructlug the
Jury as to the Prayers.
Judge wYLtK said: Gentlemen Of the Jury, the
Court has had submitted to II by the counsel ON
both sides certain propositions called prayers.
had intended to write out my views on all the
questions on which 1t was proper for the Court
to give its views on this most important case
Such has been the pressure Of business, | am
compelled to restrict myself.
Insanity is the defence which has been set up
in this case, no person but person Of
sound mind Is responsible in Courts Of law these
days, II is very plain from the evidence in tho
here that the prisoner at the Bar Is guilty Of
wilful murder, or else she is not guilty at all
wilful murder is where q person Of sound
miud and discretion unlawfully kills any human
being In the peace Of the Government with malice
aforethought or implied
Judge wylie read from Sir Mathew Hale.
with these preliminary observations to which
am compelled to limit myself, proceed now
to answer the prayers asked by the gentlemen in
the case.
He arst took up the prayers on the part of the
defence
First prayer for defence: The Court will grant
that instruction, striking out the words with
reason and Judgment"
Tho second prayer Is granted.
The third prayer Is not granted.
Whatever may be the individual opinion
may entertain ON this question, as to which do
not wish to be understood as conveying any In
| tmatiou, am convinced the law is not as OK
pressed In this prayer. On the contrary the Court
instructs You that the defence set up in this
must be made out atirmatively beyond u reason
able doubt by n prepouderance OF evidence.
| There are7to be found some authorities in this
country which would sustain the prayer, and ]
| admit that the tendency Of tho courts now to
have set in that direction, but the weight Of Ru-
thority is still on the other side, aud feel espe-
cially bound, as respects my own course on this
question, by the decision in fOley's case made
by the late circuit court Of this District in error
to the criminal court.
| not granted, for reasons which the Court has
already granted tho first and second prayer Of the
| defence.
Judge wylic spoke at some length on this
| prayer, giving his reasons fOt not grant ng 1t.
He referred to several authorities to support his
decision. II, at the time Of the commission Of
| the act, the party was labOring under au insane
| impulse, produced by either physical or moral
cause sufficient to dethrone her mind, or If frenzy
| had mounted the throne OF reason, 80 as for the
| time to dethrone reason, the party was insane.
| The second prayer Is granted, with this quail (.
| fcatou to be added "or was impclled to the act
by an insane impulse produced either by dis E
eased physical condition or by moral causes Oper-
ating on u diseased state Of her system, singing
her to madness and for the time dispacing reason
| from its seat
| The third prayer Is not granted.
| II the act Ia question was committed whilst
the prisoner was insane In the sense already OK
| plained, she cannot be made responsible for 1t by
| any cond uct declarations, or behavior on preyi
| GUS occasions when her mind was under the gov :
| ernment Of her reason.
| The fourth prayer was granted.
| The jury must be satisfied beyond a reasonable
| doubt that the prisoner was not merely liable to
the insane attacks referred to- but that the act In
question was committed by her whilst she was
actually POSSESSED and irresistibly controlled by
| the presence aud power Of one Of them.
The fifth prayer Of the prosecution is refused.
The plea in this case Is simply not guilty, and
| the act of Congress does not require the jury to
state upon what reasons they are to hnd their ver-
| diet.
Mr. Bradley said he arose to express the graf
incation Of the counsel, except as to the third
prayer He desired tho Court to note an excep-
tiOn.
Continued IN our Second EdiliOnl