Evening star. [volume] (Washington, D.C.) 1854-1972, 1865-07-18
INSTRUCTIONS OF THE COURT.
THE ARGUMENT OF MIR. WILSON.

there was large NUMBER OF persons. lncluulHg
anumber of ladies and children, some of whom
gathered around the doors OF the Marshal's Of
fee. before the opening of the court, in order to
get a good seat.
After the opening of the court, Judge Wtlie
addressed the jury on the prayers offered by
the counsel. He had intended to write out his
views in full on the propositions, but such has
been his engagements that it was utterly i'm
possible.
The plea of insanity had been set up in this
case-no persons, unless they be of sound mind
was responsible in the courts for their acts. 1t
was plain that the prisoner was guilty of will
full murder, or not guilty at all. Willful muir
der is where q person of sound mind and dis
Cretion, with malice aforethought, takes the
life of another.-(Lord Coke.)
Judge Wylie quoted Sir Nathan Hale, and
proceeded to answer the prayers, taking up
the prayers of the defense first.
If, from the whole evidence in the cause, the
jury shall find that the prisoner committed the
acts charged in the indictment in the manner
and at the time and place therein named and
thereby produced the death of the said A. j.
Burroughs, as therein stated;
And if, from the evidence aforesaid, they
shall further find that when the prisoner COM
mitted the said acts she was, either by physi-
cal disease or some moral cause not voluntari-
ly induced by herself, or both, operating upon
e ed mental unable to sSge heE vii
ference to the acts so committed, then in judg-
ment OF law she was insane, and could not be
guilty OF the offence charged In the indict-
ment, and is entitled TO a verdict of not guilty.
Judge Wylie said he would grant this
prayer, striking out the words ssreason and
judgment in the 18th line.
Or if, at the time of committing the said acts
as aforesaid, the prisoner was moved thereto
by an insane impulse controlling her will and
judgment too powerful for her to resist, and
said insane impulse arose from causes physical
Ormoral, or from both combined, not volun-
tarily induced by herself, she is entitled to a
verdict OF not guilty.
Judge Wylle granted this prayer without
qualification.
as to the soundness of the mind of the prisoner,
As stated in the foregoing Instructions at the
time of the committing of said act she is entitled
to the benefit of that doubt, as she would be to
the benefit of a doubt as any other material
fact the cause, for it is one of the elements of
the crime charged in the indictment in this case.
that the person charged shall at the time of the
committing the offense be of s.sound memory and
discretion and without this the offense is not
complete in law.
Judge WyIie refused this prayer, saving he
was con WINGED the law was not stated: the
defense must be made out affirmatiyely beyond
a reasonable doubt, by preponderance of evil
dence. There are TO be found some authorities
which would sustain the prayer, and he adj
mitted that the tendency of the court seems now
TO have set in that direction, but the weight of
authority IS still on the other side, and he felt
especially bound, as respects his course on this
question, by the decision in Foley's case made
by the late Circuit Court of this District on
error to the Criminal Court.
Judge Wylie read the prayers of the prose-
Cution next, as follows:
L. l.
denee, that the prisoner at the bar left the town
OF GAINESVILLE, Wisconsin. and came to the city
OF w ashington for the purpose of instituting a
suit against the deceased for a breach of
promise of marriage, bringing with her the
pistol offered in evidence, and, after arriving
IN this city. and armed with the said loaded
pistol, on or about the time stated in the in
dietment, repaired TO the Treasury Depart
ment, in this city, inquired. for the deceased
went to his room in said building, and saw
him; then concealed herself, and laid in wait
nv firad aid
pistol at him, infiicting wound by which he
died, and them cooking the pistol, fired at him
a second time, they should find her guilty as in
dicted, unless they are satisfied by said evil
dence, beyond a reasonable doubt that at the
time said homicide was committed as aforesaid
1 tine accused mad not sufficient reason .d t2 kpp
homicide, and sufficient capacity to distinguish
right from wrong in regard to that particular
act.
The Court refused to grant this prayer, for
the reasons which he had granted the first and
second prayer of the defense. If at the time of
the commission of the act the party was labor
ing under an insane impulse, produced BY
either ply or moral causes sufficient TO
de1hrone her mlnd OF II frenzy had mounted
the throne of reason so as for the time to de-
throne reason the party was insane
y. If the jury find from the whole evidence
thatthe deceased came to his death at the time
and place, and in the manner set forth in the
foregoing prayer, they must find the accused
guilty as indicted, unless they are satisfied by
SAID evidence, beyond n reasonable doubt that
at the time the said homicide was committed,
as aforesaid, the accused had not sufi Gent ca.
pacity to distinguish right from wrong in re-
gard TO the homicide, or was from disease in
capable to resist the commission of the act
GRANTED with qualification to be added cor
was lmpelled to the act by an insane impulse
produced either diseased physical condition
or by moral canses operating a diseased
state of her system singing her to madness.
and for the time displaeing reason from its
seat" .-..
8. If the jury find from the whole evidence
that the deceased came to his death at the time
nlarp 81 forth in no
foregoing prayer, and if the jury further fl I'D
that the accused entertained feelings of hatred
towards the deceased, and was conscious that
She was at certain periods subject to paroxys-
NAL insanity, and that the presence of the de-
ceased was an exciting cause of paroxysms OF
insanity, and having previously armed herself
with pistol, voluntarily sought the deceased
in the manner set forth in the first prayer, the
accused is not entitled to an acqulttal on the
ground that the act of shooting was an insane
impulse or caused by parox small insanity, but
the jury should find the accused guilty ofmur-
der or manslaughter.
This prayer Is not granted. If the act was
committed when the prisoner was insane she
cannot be held responsible for it, by reason of
any conduct declarations or behavior pre-
viousoccasions whenher mind was under the
government of her reason.
4. 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
to an acquittal on the ground of insanity, it is
not sufficient for the accused to show a state of
mind susceptible TO disease, nor is it sufficient
that the proof merely shows that 1t was possible,
or even probable that at the time of the commits.
sion of the homicide the accused was OF un-
sound or diseased mind and subject to fits of
insane fury, and was subject TO paroxysmal in
sanity.
This prayer was granted.
The jury must be satisfied beyond reasona.
BILE doubt that the prisoner was not merely liza
BILE TO the insane attacks referred to, but that
the act, in question, was committed by her
whilst she was actually possessed and ire
sistibly controlled by the presence and power
OF one of them.
S. 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
1rst prayer, and If the jury further find that at
Inc time of the commission of the homicide the
accnsed was insane according to the evidence
ana the law as stated by the Court, they should
Ienoer their verdict in the follow form, to wit:
MOI gulity by reason of INSANITY, or words to