New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-07-18
TEE BURROUGHS HOMICIDE.
The Evidence CIo.ed-The Jury ChnrSe"
by CouuseI for she Accused and the
Prosecufiau.

Pr0secunons
Special Dispatch to The n. y Tribune.
WAsHHGToy. Monday, July II. 1862
The evidence in the Miss Harris trial having
been closed on Saturday the following instructions to
the jury were to-day offered by the counsel respec
lively:
By Mr.. Bradley for The aoers,d.-If from the whole
evidence in this case the jury shall nnd 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 oi said A. D. Bur
rouy,s AZ therein stated and H. from the evidence
Aforesaid thew shall further find that when the prisoner
committed said acts she was either by physca disease
moral cause. not voluntarily induced ~ nese
or by both her faculties, unable 10 control
her will and OF actions with reason anu Ild aeh' III
reference TO the committed, then IN the lndg
ment Of law che was insane and could not be guhy o.
the oense charged in the Indictment and Il entitled 10
a verdict Of guilty Or H. ut the same time OF thc
commission OF the said act Aforesaid the prisoner
was provoked thereto by insane impulse controlling
her viii and Judgment too powerful ior hef 10
resist and said insane impulse arose nom causes
physical or moral. or from both eohOiI d.
mol voluntarily induced y herself sic IL entitled W
verdict Of aot ,ultyand the Jury enter tan reAsona-
bic doubt the souudncss o tie NINA OF the prison
er stated IN the frego!ng Instructions, AZ hs une
Of the com the said acts she Is emitted to the
be- u.tt 81 that doubt DO would ~ the btScnt of
doubt as ~ any other material fact la the cause Tor
IL one Of TIE elements OF the crime charged Ia the III
diet ment this that the person charged shal III
IN. time OF committing the ohcnse be OF tound
memory and discretion. aud without ths the onense IL
not complete IN law. -
Mr. " ison for the prosecution. oAeied the follow
fur, II the jury believe from the whole evidence
that TIE prisoner ~ Ia. ~ 's '"V V,by,, -, o..
WISCONSIN, ana Game 70 Va. 80. y. 10 dsssd ,or
purpose OF hstltulhe sun 'ba''s. w - - =,
breach Of promise Of marriage, bringing WIN Aer the
sip "n''Nu ~ -, .N,.T -, 80 r.,
ciiy ana Mnea WIN tI' s'.t f,n;;rd - rho
the time stated III thr inuictncH'' ''p''N ';nJ
Treasury Department IN tins ciy inquired
hr ths ueceiS'u. w., ,h, oo,,aa.aJ heel,
IN snu pnliuns' nv a IT,, 10 yras nassin nv fred
and lad IN "at ior hiii hH' ~ "e va" attnb ~ ~
said pstol al hih' ihn'c'lHh "oD. %. 80. y. 5 -,
aud then cooking tLe psto h'eu y, n" sooo.u ''',o
they should hnd htr suiy as ih"loscu' u's ~" -
sitHhrd -! shlu e',"o"'' " ' ~" +i.,'i -. -
that Al tie ume sald boi elae was eo"l'eI o.
said the accused bad not sufficient IeaSoa 10 ho" 'e
nature. quality ana character OF the po'o.u', a,u
sufficient capacity 70 distinguish iisht Houi "ions III
regard 20 that particular act.
Second 1.-THE jury md, from the Nnoe eNhepcc,
that the deceased came TO Us aeath az inc ,o sna
place and In the manner set 10th III the foregoing
payer. they must Ind the accused gnu,y as hue'eu
uness they IRE satisfied ny sa1 e'inepco
reasonable doubt t a. we aS ba SoI snesn
apacity to distinguish i2ht IRON Nrong 10 i's" 10
the homicide or was, IRON disease ho'peDe u fe'iS'
the commission OF inc n9t o ,vbo,s sv;dencs tb,,
the deceased to his death at the time ana pace
and IN this set forth in the foregoing prayer
d ifthc jury md that the accused .n'eslseu icei
ings of hatred toward the deceased ana
VA, conscious that she was subject nj
certain periods TO paroxysmal Insanity, and
that the presence of the deceased war "a ehchs enss
of paroNysms oil INSANITY, hnd hhVhF pi'iou''y q" ou
herself with p'lo, ,oun'ainy Tho eccnsed !.
,ns nn,el 70 an acautta ON the ground that the act
Of sbootng was IN insane impulse or caused b.! parox
ysma insanity, bat th jar! snoua h"d 'ef gum! vi
Iiaor OF n n ,he ury md from the whole evidence that
the deceased came to his death at the time and place
and in the manner SET ioth IN ,e do7ai ON ,he
al
now state Of mind susceptible TO disease. nor is II
sufficient that the PROOF mercy INV oa ~,
pis w ,he accused was of unsound or diseased
mind aid subject to hts OF insane fury and was subject
10 paroxysmai INSANITY. .,.,. on;,onoo ,h.,
3aasad t came Ia his death al the time and place
aud in the set forth In the first prayer ana
the jury further na ,n, a. ul' insane according 10
and The law as stated by the Court. they
should render verdct III the following iotn. losMm
not guniy " reasVn a, % I,' ~ Sec iaS7.