Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1865-07-10

| mission Of the act sane or insane, because he
could not decide that question without passing
upon the credibility Of the witnesses and the
weight Of their testimony, which is a matter for
the jury to determine.
| The proper form Of the question to be put to
him would be this Assuming such and such
facts to be proved, do they establish tho insanity
Of the prisouerf
| Other witnesses not explrts may bo called and
examined in regard to their previous acquaint-
ance with the prisoner, their opportunities Of
Judging Of the mental and moral affections OF the
accused, grounded on this previous acquaintance
Of the witnels with the prisoner the privilege OF
obtaining from the witness his or her opinion as
to the sanity or insanity Of the party at the time
Of or previous to the commission Of the offence.
1t is impossible, I think, on this principle to
| exclude the evidence Of witnesses who have pos
| sessed these opportunities Of forming an opinion
in regard to the sanity Of the party accused, and,
| think, tho weight Cf evidence, at least In this
court, in clearly in favor Of the admission Of the
opinion Of witnesses so situated.
The Court referred to wharton IS Criminal Law,
book l, paragraph 4s, In support Of these views.
As this question seems to be constantly coming up
| will before closing with these observations, re-
fer to another point. This question Of insanity
is Of all questions in tho criminal Jurisdiction Of
he court, one Of the most difficult to comprehend
and to manage There are many degrees Of
it., so many species Of It, the human mind is so
easily affected, SO subject Of being Influenced and
to becoming diseased, that the ablest writers OF
tho law have acknowledged their inability to
draw satisfactory lines by which to teIt whether
a party, under given circumstances, acted under
On in sano impulse-thc insanity Of mind or other
wise.
II 10, sin
everything that It touched and seemed to go to
tie bottom y. every subject he undertook to
investigate in regard to the expression Of non
compoS rrentis, says "many times las here) the
Latin word expresses the true sense and calleth
him not amens, dsaens, yitrfosus, lunattcus,
Grtuus, StuRuS, or the like for non compos
nentis''
VsI refer to that Just, because tho question here
is whether In the opinion Of the witness having
these opportunities Of being acquainted with the
prisoner, the prisoner at that time was a rea
sonable being, capable Of deciding properly upon
any subject brought before him. Having ex-
--NsNd ,thaail then rTsadmit the evidence.
Jury, and flushed at Ae depositions to the
took recess for fifteen minutes, On reassem-
bling Mr.. Fendall commenced the reading of the
lrtters writton to Miss Harris by Mr.. Burroughs.
The Arst one read was dated
oTTuMwA, Iowa, Nov. l, 1865
DEAR LITTLE MOLLIR: You must not think that
| because this letter dates from the West II comes
| from some of your Fairfield friends, or from your
friend HnLl, If Birmingham, who sent you his
picture neither must you look to the end Of II for
a signature to determine who its author is, for
there will be no signature to 1t, except incOg. II
tho handwriting Is any guide to its author, or the
plavk from whence 1t dates, you are welcome to
the interruption 1t conveys; or II you recognize
the (here some word Is torn OH hereby enclose
Ii.
and surely you have heard enough Of them to
know. You must not be much at loss to know
its author, but further than this cannot help you
will Just here remark that you must not say
anything to Mrs. Alexander about receiving this
| letter from me, for II she should know that had
sent you letter you know what she would do
XIII me; so If you have any regard for your
| friend incog. you must keep whist.
like to think OF you, dear little Mollio. like
| to talk with you. like to write to you, and /
like to like the merry little friend who is the
| subject Of 20 many likes, and would like to be
liked by the same, and believe we have n sort
Of agreement to that effect, havn't we, MollieH"
Tho letter covers four pages and is closely
written. 1t is signed "Iucog.'
AuOtl-r is dated SUNDAY, FEE. 81, 1850, - and
is as follows:
DEAR MoLLrE: Yours Of the 2Sd is received,
aud In compliance with your request ! write
Sunday. l would much rather have the time
spend writing to spend with yOu-n couyersa-
tion. As much Of privilege as Is that of writing
to absent friends It Is bore to the heart full Of
longing for their society, and having had the ex :
pactatiOn of meeting you and communicating by
word Of mouth the fullness Of my heart, IL be
comes almost Il task to trace out, word by word,
what time would scarcely be sufficient to utter in
sentences.
B Have you any idea, dear Mollie, how much
pleasure 1t affords me TO open your letter and
lind myself addressed as your dearest friend :
Aud is II true that OF all whom you esteem your
friends, | am the dearest to you. II is rather
gratifying to ones vanity thus to sustain the
pre-eminence in the MUD Of valued friend. II
Is refreshing to be assured that iu the midst OF
u cold -hearted selfish world, there is yet one
heart that warns with kindness, sympathy and
affection; to know that my dear little MOllie Is
such frierd to me, Is n source Of much satisfac-
tion, which appreciate In Its fnllness, and wish
to be your true friend US well as your dearest
friend, In the scale Of your regard Such will
seek to be, and that do have an anxious solici-
tude for your best Interests such as true friend
ship begets, can say, think, with candor and
truth.
Yes, dear Mollie, you may be assured that
, your regard is felt and cherished with true ap.
probation, and that II meets cordial response
in my own heart, and all the more that you
maintain such regard In the midst OF good deal
of bitter enmity on the part Of those whom
have never I'M ured in any way, and oven by
those toward whom have ever felt none other
than kind olings.
The letter closes as follows:
do want to sec you, dear Mollie, and hear
from your own lipJ concerning the many things
} | N''h w hhO", "hu - hoaP VI hlshes IEOu inc
same source.
I |. Yours, Afectionately.
Another is dated "Eddyvlle, May II, 1854, -
and addressed to Dearest Little Mollic,' and
signed Yours, AFT ctionately. -
The next "Eddyyille, April 2S 1885," and ad =
dressed to "My Dear Moliien
The next is dated "Des Moines, April is, 1859 -
Some ton or twelve letters were read to the
jury. Each covers four pages Of closely written
manuscript. They are full OF love and kind ad :
vice. Al through the letters he speaks of how
happy he will be to come to his "dear Millio,
take her 0n his knee, and receive her kisses.' He
advises her AZ to all her personal matters, and
frequently refers to her W d and playful dispo-
siuon
Another s da cd Thursday, Juno 80, 1855, :"
gHd CoTTo~ % ow':
DEARElT CIEL: D ont d to write you during
the present Ncok q long letter. As commence
! II can I say how long II will be further than
that II shall be a. long Us is practicable for me
to make II.
received your favor Of the 18th duly aud
gladly. You know NOT how IL soothes my many
griefs and diilppointments to receive kind,
long, warm e..rtcd letter Irom my doubly dear,
sweet little Mollie. had forgotten about those
long drelsc1 will believe you always like to
write me whenever opportunity permits you,
sincere regard for your frl' nd
THAI causes might arise to diminish that regard
! must think pos Iible, with my knowledge uf the
woman Is heart, but you repudiate all such ideas
You think woman heart unohRngng, especially y
your heart. | will not dispute your claim to
| onlurlnV tD ha elfs nf