Daily national Republican. [volume] (Washington, D.C.) 1862-1866, 1865-07-17
THE INSTRUCTIONS ASKED FOR BY THE
DEFENCE AND THE PROSECUTION.
Arguments of Counsel on the
Instructions.
District Supreme Court..-Criminal> Term
ASSOCIATE JUSTICE wYLrE PRESIDING.


aud tho Misses Devlin. She was attired the
same as usual, and still sits with her veil over
her faoo. r...-
i A large number Of ladies' were In attendance
this morning, some Of them having been present
overy day since the trial commenced. ..
The jury were brought into court few min
utes before ten clock, from their quarters at the
National, looking much refreshed after their
holiday Of yesterday. OIL.
Marshal Gooding is kept busy during the fore
noon In showing tho lady visitors to the seats
provided for them inside the bar.
Mr.. Bradley said before the discussion Of the
Il case was commenced he desired to know n the
gentlemen for the prosecution considered the de.
positions In regard to the ring in evidence. He
| did not want to commence the discussion with
| out a perfect understanding with the gontle-
men.
Mr. Darlington said no objected to tho state
| ments OF the deceased In regard to u marriage
engagement existing.
Mr. Bradley said that matter had all been sot-
tied by tho court. ..,,..-..
Judge wylie said the court had admitted those
statements on tho ground that they formed n part
Of the history Of the case. .. .,
Judge wylio said tho dispositions were In evil
dence before the jury.
Mr.. Bradley said thoy (thc dcfcnco) had pro-
I
Judge Hughes had thom but he was not yet In
court ..... .-.
| Mr.. Darlington said they (the prosccution) had
also prepared prayers to be submitted to tho
court. Ho beloved tho practice Of the court had
| been to tako the instructions on both sides, and
then instruct tho jury to tho law aud evil
dcnce
Al fifteen minutes before eloven O'Clock Judge
Hughes entered the court room, when Mr.. Brad =
icy proceeded to read the prayers asked by the
defence They arc as follows:
ri INSTRUCTIONS ASKED ny THE DEFENCE.
| II, from tho whole evidence In the cause,
the jury shall find that tho prisoner COM
mitted the acts clargad In the indictnont in
, the naIaler aud ut the tmo and place, therein
y named and thereby produced tho death OF tho
: said A. j. Burroughs therein stated.
Al Aud H. from the evidence aforesaid, :hcy shall
\ further 1nd that when tho prisoner committed
u the said acts sho was either by physical disease
or some uaoril cause not voluntarily induced by
= herself or by both operating upon her mental
faculties, unable to control her will and actions
with reason aud judgment In reforonce to tho acts
50 committed, thon in Judgment OF law she was
insane, and could not DO guilty Of the offence
I charged In the Indictment, and Is entitled 10 u
verdict OF not guilty.
Or IT, 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 rosist, and said insane
Impulse arose from causes physical or moral, or
l
| by herself, she is entitled to verdict OF not
n guilty.
And II tho Jury entertain a reasonable doubt as
i | to the soundness OF tho mind Of the prisoner as
stated in the foregoing instructions at the tmo OF
the committing Of said act, she Is entitled to tho
bcncht OF that doubt, rs she would be TO the bene
n ht OF doubt to any other material fact In the
cause, for 1t is ono Of the elements Of tho crime
charged In the indictment In this ease, that the
;, person charged shall at the lime Of the commit
| ting the offence be Of I" sound memory and dis
creiipfI, - and without this the offence Is not
| complete In law.
INSTRUCTIONS ASKED ny THE PROSECUTION.
I. 1.-THE jury believe, from the whole evidence,
d that tho prisoner at the bar lcft the town Of
JRnesvillb, Wisconsin, and came to tho city OF
. | Washington for the purpose OF institutug q suit
. | against the deceased for breach Of promise Of
: marriage, bringing with hor the pistol offered In
a | evidence, and, aftor arriving in this city, and
}, armed with the said loaded pistol, on or about
the time stated in the Indictment repaired to the
A Treasury Department, In this city, inquired for
| tho deceased, went to his room In said building,
and saw him then concealed herself and laid In
i walt for him, aud Us he was passing by, fired said
II pistol at him, innicting wound OF which he
Y died. and then cooking the pistol, fired at him a
4 second time, they should nnd her guilty Us in
" dieted uness thoy satisfied by said evidence,
beyond u reasonable doubt, that at the time said
e homicide was committed rs aforesaid, the ac-
cused had not sufficient reason to know tho ma
Il turc quality, and character OF the act Of hOui-
eide, and sufficient capacity to distinguish right
: from wrong In regard TO that particular act.
% .. II the Jury Gnd from the whole evidence
7, that tho deeease came to his death at the tmo
is and place, and In the manner set forth in the
n foregoing prayer, they must hnd the accused
guilty, rs indicted, unless they arc satisfied by
said evidence, beyond q reasonable doubt, that
u at the time the said homicide was committed, as
aforesaid, the accused had not sufficient capacity
to distinguish right from wrong In regard to the
l. homicide, was from disease Incapable to resist
the commission Of the act.
y, g. II the Jury lind FROM the whole evidence that
ID the deceased came to his death at the time and
N place and in the manner set forth In the foregoing
Of prayer, and II the Jury further mud that the ac
cused entertained feelings OF hatred towards tho
deceased, and was conscious that she was at GER
u tain periods subject to paroNpsma insanity, and
1f that the presence Of the deceased waa exciting
D. cause OF paroxysms OF insanity, and having pro-
n ViUusly armed herself with pistol voluntarily
sought the deceased In the manner set forth in
the lrst prayer, the accused IL not entitled to all
AequittAl on tho ground that the act OF shooting
i' was an insane impulse caused by parOxy small
RS insanity, but the jury should hnd the accused
guilty Of murder or Of granddaughter.
~ I. II the jury hnd from the whole evidence
Of that the deceased to his death at the time aud
place, and In tho manner Rot forth In tho fore
- going prayer In order to onttle tho accused to
in an acquittal on the ground Of insanity 1t is not
sufficient for the accused to show a state Of mind
Is susceptible to disease nor Is It sufficient that
the proof merely shows that 1t was possible or
even probable that at the time Of tho cOmmis-
l. sion Of the homicide, the accused was Of un-
lr sound diseased mind and subjee 10 fits OF In
/. sane fury, and was subject to paroxysmal In
4 sanity.
10 that the deceased came to his death at the time
Is and place and In the manner set forth in the first
o prayer and u the Jury further nnd that at the
n time OF the commission Of tho homicide the ac-
4 cuscd was Insane according to the evidence and
" the law Rs stated by the court they should rsn
o der their verdict In the following form, to wit
II Not guilty by reason Of insanity, or words 10
IT that effect act Feb, 7th, II Statutes l5s, sec s.
1877
4 9. II the jury lnd from the whole evidence
u that the deceased came - his death at the time
aud place and In the manner set forth in the first
l. prayer, In order to entite tho accused to an
m Iutlal on tho ground uf insanity, II II not NJ m
n Client for the accused to show state OF mind
- ceptible to disease, nor Is II sufficient that the
u proof merely shows that 1t was possible even
D. probable that at the time Of the commission OF
r the homicide the accused was Of unsOund or dis
l. eased mind and subject to parONysmal insanity,
a but II must be- shown to tho satisfaction OF the
v jury, and beyond reasonable doubt, that the
u act of homicide proceeded from paroXysm Of in-
@ sanity uocaSiUued by disease and not from crimi-
IT. nal Intent.
IA [COniiauCd IN our Second EdiiiOnl
, WM GILMORE Sims Is now publishing