, 1866-04-30
THE KCpPs MURDER TRIAL.
The Case NEUTRALITY-SUSPICIOUS. by
the Court--.The Jury Return
q Yordict nf Not
Guilty.
Motion to Declare the Prisoner Insane
Oyefruled.

Tho trial Of William uopps for the murder Of his
wife four years aao IN the town OF Wheeling, Cook
cnnnty, was brought to ciosc on Saturday last,
the eixth day Of hIs trial. At ntne o'clock a. m,
the Court convened IN the Keeordcr's Court Room,
pursuant 10 adjournment fthe previous day. Hon.
John n. Wilson, Chief Jastfce Of the Superior
On fne opening Of The Court, Writ Dexter, Esq.
concluded his Gelepee q tie psia' ner; he was fpi
lowed by MS colleague, John Van Asman, Esq.,
aier sh'sh 1he softns F1!a argument .os ins People
INSTRUCTIONS p0a THE PEoPLE.
The Courl instructed the jury Oh pehalt Of the
People:
man b. Ing IN the peace Of the people With malice
a]orefnorght elsaer expressed or Implied.
I'd. Malice shall BE- implied When no considerable
& he fins .kow an n sesadoned o., II and msispsat
heart.
ID. The killing being proved The burden of PROV
excuse .he h1mic1de wtll devolve on the accused,
dc,ent]y uauifests that the crime eommitted only
justified or excused in committing the homicide,
3ih. 4 reasonable doubt 1neon4 IN law a serious
and subsian,fa doubt, and not the mers possibility
6.h. II the Jury beevs trona the evidence that the
defendant when sober vas uniformity sane and n.
tional, and fotebore all violence toward his
WIFE, and that for a humber OF years prior to the
killing Of his vile, be was toned fn fits OF IN
to1ication, 10 use violence upon her, and knew
that eneh ytoiencs WIS the Immediate result OF
,nto1tcattcu, md that, haying such knowledge, he
voluntarily made himself intoxicated On the day OF
The killing OF hts wife, md II the Jury believe be-
yond reasonable doubt, that such killing was the
lusIon vas not the efficient eanse Of the honlclde.
then the defendant I. Responsible for the act ard
the Jury Il should End him euilty. y..,,,r
That MN is MOTTO be excused nom Jsspo0slh'u-
IT for criminal act It ho has eaacity md 1eason
@ to enable Z, III liz no be - oi
or Knowledge and consciousness that the act he Is
dong il wr1nr and criminal, and will subject him
TSe1eine, Il the jury eball believe, from the evt-
depee this Gaze, that thc prisoner. at the time OF
The commission OF the homicide, had sufficient ca
tronx ns TO the particular act he ~as then doing,
aid h ow1edge and consc1ousne*s beyond Ill kea-
eotab!e doubt that ,he net he was doing was wrong
snd criminal, then ths jury ought to convict lhs
prisoner.
INSTRUCTIONS FOB TIE DEFENCE.
For tbe ntt.oner tho Court lurtnes instructed the
Jury, a foluMs:
H:he jury can reconcile al The evidences In tho
case lending 10 show dsurl enness with lhe de-
FENCE oflosan,iy, 1t u thelr duty 10 do 50, and
he tas5 Seii:ve oa ta asae"e @ ~ s
prlsouer At hc nme Of thr KILN. was lahorius nn.
der Gzed delu:ion a. 10 Ills rlfe's lutdehty, ano
that such delusfon vas the efficient cause OF the
act ihen II arters Eoi ha. Were The caases which
led 10. Or GRATED, OF excited such insanity they
sanity Is essential to constitute crime, and the
burden nt establishing It Il On the 5tate, and 1t
must he proved te5o2d reasonable doubt, or the
lary must at4uu.
Ins@pity set np for .he defence Is false beyond
fsaso sso,ab1e doubt, The jury mnst aelutt'
t,na ~, as believe om ths e;ldenee .aat g Ine
q sound minu bns affected with insanity, aud sucn
SesoR al as 'ns efficient Of the ss. aad toas
ihev must acquit the pi,.onsr. ,hcy
tcifeye from The evidence s.,Sf I'm nrfsnnrr hn1
been drsnstue, and was undst he snanence 81
though the Jury shall betere from The .e.4epee
that tbe prisoner COMMITTED the act Of homtc1ste
nsS 81 IN 1senes a. a e a q
tuch sct he was under the influence Of an Insane
deInsson IN regard to the chaat! Of tls wlta- and
that hut for this el,sion e would not hasS &c CON.
p1,seseT ,nasseS sasS Sc. id Snilty. 4 49, -S 'N '
The Jury arc further 1uatrueted that Il, upon re-
sM D , cnSt IS to the e1saea md fnaeace
unou he pEisoper Of euch delu.1un at the time Of
! committing such homicide, then they %mnzt acquis
Lie p'I1yscai ISsT1rc11oss on ExpEpr TESTIMONY.
The court ttatcd that he had ul.o been re-
| nues!ed to iuEruet the Hurry IN relation 10 The
nt thouid decline to do 20, preicr1n@ to rc1d fha
following oplnInn OF Justice Hree>e to- the Snpreal
EouIt oi this state. IN the came case, ddfrs Tue
April tetm Of the couff, 1soa' ts1st ILL., heposts'
1T = sa.d insanity my Se saaeo. a 60 80 ~ =.
sny ohea & ~ ~. c.s IL th.t i, Is *
e6eedtuc1y dldfcult 10 simulate Insanity 50 a. tc
nso de;pctIuu lila hut very lately that iusanttJ
has become eubJect OF careful. sc1eatidc 1nvestl
ETet., This Investigation enables experts to de
lect stimulated -nniiy with much mn1e Certainty
Than could formerly be done.
Shall &c ignore and denounfs sns 5ssas hla e. M ~.
recognize and applaud the advancement OF telsnee
in al. o,ner direciionsS Peoples and cosetnment.
a civilized eonnt ;sns 1aem Dy ~.
where this ec1euce cHn be carefully 9tua!ed ny tnos
no devote thelr lsea to the Or me-
sasss Wasss Tess manS onf Sse ~ ss6, cmbar
Of society. To .ay that men By careful stEdv ~
Investigation eau acquire no slll on this subject
tsns,r sns ias s,uuy new setas o. ali ohe
subjects would bc daring assumption npor wh1s
We 7anEo' coneent to hang fellow man. At u
time This uuesttou WIS arst brought before ih
Courts may Be that !. ,sn. IN some Cases dltlcu
TO detect slmulated insanity. thus the C0utta ma
have been induced to overthrow tho well estabtst
ri laws IN Tneet tbe eustou but this daure
~ y ri cnn1tneed tint sc shc uid adherc to ii
vel eat 5qss q ss s%na msh e.
Win ,he,e In.srucIl9ns tho
JURY
retired at twenty minutes past ioas o'clock In Il
clfefnoon. ,o,s.s ,,,,t,, .evan o.c,oc
1us VERDICT.
A,o,,, b,,r matt cir n,cJocl. the ;Jury came to
decision, and On belpg summoned tn,o Court, .
..uor a1711M I11 scnnittinr the nfitoner on i
.sH,s ua - ~ ..,,,. 9~a"A'e"s 49,
sta. ,ha tnrr -str-,ea their warbler of not tut,,
Inc etuoge' ac4. yGa4 y. suI S,,11ad f,n, .
~ 10y il