The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-11-05
CITY INTELLIGENCE.
IJOr Additional Oay Intel,gence see rim Pqge.I

JURY.--On the closing of the evidence in the
case, hr. hcMichael summed up for the Com.
monWealth. de commenced with the reviewal
OF the evidence, referring to that of Detective
Lamon and Others, and claimed that the fact OF
the death had been established in two ways, oy
Mrs. Tyson and Kate Gibbs, and also by Ida
Hicks and Kate Gibbs, who saw the body at the
Station House The manner in which the body
lay wrapped up IN the sheet, and no weapon
being found in the room, Precluded the ldea OF
suicide, and showed conclusively 1t was muir
der. 1t might be argued that this house having
three entrances some one else might have en-
tered IL and committed the murder. 1t had been
shown. however, that the entrances were habtu.
ally closed, and on this day that they were
locked. r....
There we're no children about this house to
run In and out at will, nor was 1t place where
men and women could go in of their Wn accord
for all had to be admitted. The prisoner was
identified as the man who went into the house
with the woman, and as the man who came out
OF the room saying she was asleep, and not 10
disturb her until he came back He had already
arranged his escape, by the provisions he made
in darkening the room, and wrapping the woman
up in sheet, upon which no blood could have
been seen. Ii any one should have looked in the
room, IL would have been supposed that the
woman was asleep, as Champion had said, and
had made careful and studied preparations to
Corroborate the statement. There was no other
man in the house during the interval of time that
elapsed from the prisoners going away to the dis
covery of the murder. No other man could have
committed this murder, and none did the crime
of the prisoner, aud the idea is sustained aud
corroborated. He was acquainted with her,
lived with her in familiar way, a great per-
sonal intimacy existing between them No man
was more liable to have been suspected of the
murder of Mary Carney than the prisoner, as
the whole surroundings point to him-one wit
ness testiiying to his having attempted to take
her life, and another to his threatening to do so.
After referring to the law, Mr.. McMichael said
there was no doubt the prisoner took the woman
to the house with settled purpose to kill her.
II, however, he did not, and went with her
and had the talk he spoke of to one of the
witnesses, and then she refused to listen TO
his desires, and he made up his mind TO
and did kill her, it was as much murder
OF the hrst degree as though he had
sharpened a knife before he took her to
the house, with the intention of killing her.
The evidence for the defense was referred
to by the speaker, who said there was
not single fact elected but what showed
the prisoner to be a perfectly sane, reasoning
creature, and one who should be held account
able by the great law which he had set at de-
tance. There was some evidence to show that
the father OF the prisoner had been insane on
one occasion, but that for years subsequently ne
was boiler-maker at a United States navy yard,
and at such places competent men are always
employed. The Commonwealth did not admit
that any evidence of the prisoners insanity had
been shownGXcept in the delirum of sickness.
His walking the deck OF the ship and quoting
poetry was no evidence ofinsanity, and on board
United States ships no man suspected of insanity
would be permitted to be about boilers, when
the lives of the ships crew might be jeopardzed.
The prisoners conduct at his house when the
murder was committed and at the time of his
arrest, and since he has been in prison, refuted
the idea of his being insane. He concluded by
urging the jury to discharge their duty, and hold
the prisoner responsible for the act he had COM
mitted while in a sound State of mind.
Mr.. Burden followed for the prisoner saying
ne was satisfied that neither public sentiment
nor public clamor would have any effect on the
minds of the jury. He referred to the evidence
n a nj W n
had never seen the prisoner asleep, and another
that the prisoner went by the name OF Crazy
Champion. There was certainly some reason
for this wakefulness and nickname. and the men
on board that ship were better capable of judg-
ing OF the insanity of the prisoner than any doc
tors, for any one could put out a sign and prac-
tise medicine without having graduated at
college. He cited from q medical work TO show
that an eminent professor had given it as his
opinion that the evidence of medical men was
too much relied upon in cases where other per-
sons could as well and better testify as to the
condition of person. 1t had been proved very
satisfactorily that the father and sister of the
prisoner we're insane, and that the prisoner had
been frequently taken home insensibie, and was
subject to tits. The prisoner had evidently been
closely watched in prison, and Mr.. Grubb
seemed to have committed his evidence to
memory and if DR.. Smith had been asked
by an outside patient for medicine he would
have prescribed instantly. 1t was fair to pre-
sumo that DR.. Wood had an eye similar to those
OF other human beings, and he could not conse-
quently tell whether 1t was blood or not he saw
on the prisoners shirt, as 1t required micro
scope TO ascertain the fact. The counsel for the
prisoner were unable to explain his whereabouts
on the day of the murder, but supposed he was
roaming around with these women half-craZy.
The plea OF insanity had been put in because it
was believed by counsel. The Commonwealth
had not shown with what kind OF a weapon the
murder was committed, and as to the statement
that persons could not get into the house where
the body was found, it was well known that any
one who had money could enter such places.
The Jury were asked to recollect that, in the
event OF their acquitting the prisoner it did not
turn him loose, but the Court had the power of
restraining him.
Mr.. Joseph s.. Brewster followed for the
prisoner, at the conclusion OF whose remarks
the Court took recess.
On the reassembling of the Court, District
Attorney Mann closed the case tor the Com
monwealtb, and Judge Allison charged the
Jury Fevie wing the evidence with great patience
and clearness. He told them that 1t was not
enough to show that the prisoner inherited in
sanity, was of weak intellect, or partially
insane. They must find that at the time the act
was perpetrated the prisoner was an insane
man, not having proper control OF his actions,
and that his reason was dethroned so as 10 rem
der him unconscious of the nature of the act
and of the act ITSELF He said there was no use
OF speaking OF manslaughter as there was no
evidence OF an encounter or struggle neither
could it be inferred that nothing more than
great bodily harm was intended TO be inflicted.
He added that as the witnesses must detail all
their knowledge respecting the prisoners acts
and conduct, which were claimed TO originate
in an insane condition OF the mind, before they
could give their opinion as to bis sanity or in
sanity, the jurp could judge of the value of their
opinions from the grounds thus laid by the wit
nesses He remarked that Insanity was trans
missble, but 1t might develop itself In differ
ent way in child from the way IN which 1t
exhibited itself in the parent.
Az five minutes OF 6 O'clock, the bill OF indict-
ment was handed TO the Jury, and they left the