Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1865-07-08


Mrs. Mccullough, witness, aud Mr.. Beale, the
jailor, were In the cell with the prisoner. Wit
ness went down TO see " she needed any assist
ance, as Mrs. Mccullough had taken great inter-
est in the She still seemed excited, but not
so much.
Question by Mr.. Bradley: State whether, from
all you have seen and heard Of Miss Harris, you
are able to form any judgment rs to the condition
Of the prisoners mind-whether you believe she
was then capable Of acting as q reasonable and
responsible being
Objected to by the District Attorney.
Mrs Woodbridge sworn: Witness was ac-
quainted with the deceased, who occupied the
adj dining desk, aud recollects on the day Of the
homicide the prisoner came to the door, opened
II, and looked in. Mr.. Burroughs was sitting ut
his desk writing. She appeared excited, as u
she was looking for some one. Witness thought
she wanted to sec some one, and was about to 40
the door. Don't remember the timei thought II
was u little past o'clock.
Mr.. Wilson, Assistant District Attorney, said
that the bjection to the question Of Mr.. Bradley
was on the ground that It called for an eNpros-
sion Of an opinion. 1t was tho duty Of tho Jury
to determine as to the state Of mind under which
the prisoner was labOrng at the time the homi-
eide was committed Tho mere opinion OF the
witness who saw the prisoner was not admis-
sible, as he was not an expert: Mr Wilson read
from Selden, page 375. lie witt vs. Bailey, Al
lon 's Massachusetts, Reports, volume 2 page oil
Common wealth VS.. Clark Fairbanks, LIST volume
Of Leading Criminal Cases, page Ill.
He said none Of tho authorities went 10 far as
to govern the mixed question Of law and Of fact.
No questions have been allowed which were 10
general as TO cover both law aud facts
Judge Hughes, for Miss Harris, said thcy did
not propose to examine the witness As an expert
They were not going to ask his opinion rs to the
sanity or insanity Of the prisoner. They pro-
pose TO ask him the question, What was the
state Of her mind In his opinion ~ There were
exceptions to the general rule. lie read from
several authorities, among them exceptions TO
the rule read by the District Attorney. The in
quiry for this court will be, what has been the
MI nff fbn ri IA IN
the case Of Sickles, and said Robert J. Walker,
witness, after having given his statements Of the
facts, was allowed to give his opinion as to
sanity.
Mr.. Bradley (or Miss Harris) stated that the
bectiou was in direct opposition to the practice
here. In the Traverse case this question was
settled. II was against all rule to cxclude the
conclusions Of witness after he made his state
meut Of facts. lie read from number Of au.
thorities to sustain his argument
Mr. Justice wylie said the Court acknowledges
that evidence Of this kind Is admissible. As
general thing parties who have had An opportu.
nifty to form an opinion, though they are not OK
perts, are competent to give an opinion. In this
particular case Mr. McCulloch states he never
before saw the lady. He speaks Of her frenzied
aud excited manner, which may all go to the
| jury to be considered by them. On account Of
| the witness never having seen the prisoner be.
fore, the Court ruled that the question should not
| be asked.
| District Attorney Darlington announced that
| he would here close the case for the Government
| The Court here took recess for fifteen min
| utcs, and Miss Harris was taken from the court
| room leaning ou the arm Of Hon. d. W. Voorhees,
| At one O'Clock the court reassembled, aud the
accused was led into court by Mr.. Voorhees,.
| VIM. W. Dauenhower, for the defence, having
| been called and sworn, testified that he resided
| In this city In the spring Of 1888. Witness was
acting Fourth Auditor Knew Mr.. Burroughs {;
| he was assistant tO witness during part Of the
year 1853. Knew his handwriting. Gwitness
| was here shown a large bundle (sOme % letters)
| and stated he recognized them rs In the hand :
| writing Of Mr.. Burroughs, except one, which 1t
was said was written with his left hand.
| Mr. Bradley said he would now read some Of
| these letters to show the relationship existing
between the prisoner and Burroughs, and to show
that insanity was produced by the relationship
being broken off. The first letter was dated Nov.
|, 1855, and was without any signature Mr..
| Bradley stated that the letter was u very kind
onc-from a gentleman to a little girl twelve
years Of age, Miss Harris.
| Mr. CarringtOn said he had not yet read the
letter, but he could see for what purpose 1t was
| offered. II was to show tho relationship exist
ing between the parties during ISIS, and to trace
1t down to show that 1t eliminated in an engage
mcnt Of marriage, subsequently, broken of.
| BY Mr.. Bradley Not broken of, but he went
| and married another woman.
| Judge Hughes said they proposed to prove by
this bundle Of ninety two letters, extending from
| November, 1855, to August, 1858, an unbrokeu
| respOudenGe establishing the most intimate
| relations Of betrothal. The letters were Of that
| character so usual between engaged parties. DE
ceased became interested In this lady when she
| was ten years Of age. He took charge Of her, he
being full grown man and a merchant in bust
ness. lie trained her up with the understand
ing that she was to be his wife when she became
Of age. We expect to show that he was married,
| aud that the announcement Of his marriage was
the first notice which she Miss lIarris) had, To
terminate the relationship, except certain anon =
ymous letters which they would show were
lrom him, Burroughs, proposing to her to meet
/ i'm nsIu "a hnn anfas siunn n m abnVy
the disappointment shame, shock, and NORTH
cation was such as to unsettlc her mind and
that at the time Of the homicide she was laboTing
under such state Of mind.
Mr.. CarringtOn understood the purpose Of
offering the letters. lie wanted the gentleman
to show some proof of insanity to lay some
foundation, and show that she was insane ut the
| time.
Judge Hughes said he would be glad to be in e
structed As TO II better mode Of proving insanity
| than by showing that the deceased perpctrated
| wrongs upon her more than human nature could
bear. Was II not right to show that the prisoner
| moved and lived only at the bidding of tho de-
ceased? He trained her up, took her by the
hand aud presented her to his own relatives rs
his afianccd wife. Aud short time before his
marriage with another lady he attempted to be
tray her (the defendant by entiCing her to house
Of prostitution, aud there make her the victim o.
his lust, and thus set up q defence against any
suit for breach Of promise which she might bring
II there ever was u case Of insanity arising
from disappointed affections this certainly was
one. Your honor will perceive that these letters
become evidence To show the cause of her nsau
ity. Judge II. thought It was but n question Of
the order 0f proof
Mr.. Voorhees, said after the able argument by
his associate counsel, he would not occupy the
time Of the court long. No question required 81
much care that to show the state Of the mind
1t the time of the act, II certainly Is one Of the
droper provinces Of the court to hear all the cir
Instances 0f the case. | will say In the pres.
enco Of the learned prosecutor aud Of tho court
that there Is not u single author but what sus
tains tho position occupied by us here day.
This Court sits here as an inquisitiOn to asccr
tain the condition Of the mind of this poor girl
We propose to connect these ninety two letters
with the fact they finally produced II the
gentlemen for the prosecution say causes of thi,
kind (referring to the ettorsl do not produce In
sanity, | commend him to the first principles o
the A, Il, C's of mental philosophy. There Is NJ
cause prolific to ruin wOman'S mind M th,
causes produced here tu day, and shown In thes,
letters. For seven long years this man Bur.
| rOughs was weaving IA net about this poor girl =,
mind, and when by his marriage with another
woman her affections were torn asunder, she VIA,
completely prOstrated.
We will show by these letters the hopes thai
he bad built up In her breast, aud then de
ccivimg her Not only dcceiying her, hut at.
tempting to blast and ruin her Was not thi,
enough to produce insanity This man who had
bowed her to the very depths Of horror; this pool
girl who had never thought Of him but in kind
aess aud in prayer; this girl never wTOuged him
but loved him with all depth and fondncsS d
woman nature, and then To have her 4Opei
crushed. Was not this enough 10 produce in
sanity
Secretary McCulloch tells us when he went 1t
the room she fell on her knees and said "oh