The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1865-12-13

~. wne.ne. tne ,ourt would now proceed with
me sv .raaa OF this unfortunate woman. who was
chaIGeu with felontous homicide He appealed
70 the humanity Of the Court for DELAY, and
.sSio that 1t was mockery TO contend that this
was not to all tntents and purposes, a trial. He
Virw,rss ~ .nat there wac no statute, either of
AERnia or OF any other State, which autho.
r !1 even justice to proceed with the exam.
ina'ioh OF person arraigMed before him who
wa. proved TO be non cv,,,,s,os ssatfs and asked
record A. HAVING be YSs to upon the
also SAID mat the Court WAS bound to stop this
prosecution ut the present stage. aud that was
me whole extent of his moi ion. 1t was their
DUTY To send her to lunatc asylum and il
she recovered she would be rs much amenab l.
10 this offence rs ever
Mr.. Daniel said that ms he a.t the counsel
TOR The sefanee were well armed with legal au-
thorities. he would like To have tl0 benefit OF
them before proceeding with his argument
Mr. Crump here mentioned several authori.
tics from which he proposed e quote:
Mr. Daniel then proceeded to address the
Court. The question which the Court had to
try now was wlle, het they were competent 10
inquire into this Ease, and say whether this
woman should or should not bc sent on. He
Would not strip the accused Of the benefits OF
any testimony which she claimed !: but it was
not contended that she was insane AT the time
She committed the crime. while in half an
hour afterwards she was found ut Major
tfofts IN stat" Of insanity. MIR, Daniel
herr rrviewr,: the testimony which had been
atdtced. and then proceeded TO examine the
statutory laws upon the subject. If it were
proved that the woman had become insane
sine" the crime had been committed, the Cir
cult Court Judge would swear a Jury, and il
was their duty 10 ascertain whether she was
or was not Insane; If sane. the trial would 90
on; il not, the Court might remand the per-
son 10 Jail or send him to Il lunatic asylum
until such time as he should recover, and then
The trial would proceed. II the counsel for The
accused had succeeded in nvincing this
Court that they had now right to examine
this case, it must be examined here in case of
the wOmans recovery. II sent on. she will
have the benefit of a jury and ii found sane
the trial must go on il not, She must be sent
TO lunatic asylum TO await recovery. He
commended, however. that she must be ex-
amined before this Court.
MIR W. W. Crump next addressed the Court
for the defence. Ike cOn;tndad that this was
Iona fte trial that if the insanity of the
prisoner was proven the Court was forbidden
TO go on with the case, but must send the ac-
cuse4 to lunatic asylum, where she might
have every advantage for recovery He spoke
from authorities to sustain his position.
After the conclusion Of Mr.. Crump's re-
marks. Mr.. Daniel briefly replied. calling the
attention of the Court To authorities which
hr said the counsel for the defence had neglaQr-
I'd to notice. defining the meaning Of the word
- trial in Il legal sense.
MIR. Johnson insisted upon his right TO close
the argument, but hoped the Court would adj
lOtrn over until tomorrow.
The Court stated that Mr.. johnson had Sig
nifted his intention net to argue the case. but
that he might go on if lac would coniine him.
self to the arguments Of Mr.. Daniel.
This Mr.. johnson could not promise, and
then the Court adjourned until to-day At
eleven o'clock.