The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-08-08

hammer was driven into the brain up 70 the very
Shows that no resistance was offered By her that she
must have fallen sepseess at the hrst blow; Go1p b
these repeated and furious blows and then finished by
manifest from the very manner in Which the Bilng
was done that the act committed by an insanely
:. 10 motive for this inbuman murder, as it must
sted. The relations Seswsen the prisoner sS and the
pHsiceaSeo Were proved 70 have been Of the most
SON. and he regarding her mother, The Common
NoshIh was forced TO suggest the motive ofplunder
Of the deceased indicated tnat there had been
scrutiny Of the testimony on this point It is true the
SS6 attempted 70 show that the prisoner
b enc that tended in the slightest degree to esta6
States currency were found in the rocket Of the pT
fSpt nv hhsn searched, and there was some evidence
pTe,y1ions four dollars Of similar cUrTency. There was
as being the ss o. the money found on the prisoner
moi mons Sq m y was not shown that the prisoner had
10 S tne West where he had been discharTed from
Of Mrs Eliza wight On II was by the testimony
BUY cakes naa OF t6s 6money Of his at
eE tSs IN bSnsnge tspoent note and Ave pennies And
WAS oun9g e6 e6aciy in addition the four dollars
brother Of the prisoner testified that ne prsonee SSe
had IT, and that the prisoner knew thS Hsye
that the prisoner o S this for he says
ms snc 1ISthsr and pay bis board WAS thereore
The prisoner as to the suspicion even al sn
SO seems to u.s. that he could saneiy Mar NJ
of four doliars Indeed the aiemptt the ne patty
ssne m Soe95ae Sog s5 m9tye LOT decent well-oebaved
imbrue his hands in the blood OF kind hearted 1nre
age whom he looked as to mother and wSo re
garded him as son, is in our estimation utterly to
that the act Il committed by him, must have been
the Outburst of insane frenzy.
5, There was much evidence In the case to show
that the prisoner was considered by many of those
before the homicide transpred. His mother, Rosanna
Wlnnemore, his two sisters, Mary and Louisa, his
Mary Jane Marks all testify that his conduct was al
es SO strange and nnaccountable, that they con-
sloered him insane. His sisters say that they were
afraid Of him. DIR. Robinson unhesitatingiy pro
before the homicide And Doctor Seth PaScoast from rom
an interview ottwo hours with him in his cell before
menta' disease tsee his siiidsvt accompanyng this
aPpea ana evidence as given in the caused The diary
oI Ihe prisoner which was part OF the evidence In
ne cause showed tnat his mnd was rambling and
dition. wa
8. The prisoner was proved to have been suffering
from the disease known as Ordlurtd which according
70 the testimony of DT. Pancoast is partial
tnortes is greater less extent sccompau ued by
disturbance or Impairment, IL not arrangement, OF
y. The prisoner proven TO have b, en- laborng
nnoer that mighty sensitive nervous condition which
IS the result Of disease and winch has rendered hIm
80 highly susceptible - painful imuressons, ne
be Obliged to leave thereon where they were. (See
the testimony OF Mrs. Mary Mench)
s. twas proved that the prioOUtr had made fre-
quent attempts to commit suicide. The testimony OF
his bother, sister, and brother fully establish this
OF homicidal mania.
For The reasons above FORTH every one OF which
is founded upon the evidence gwen in the trial
the cause the conviction has forced itself upon
MIND that the prisoner never deliberately planned,
or consciously CON mitted The crime of which he has
been convicted and that to execute upon him the
extreme penalty OF the law, would therefore be an
Set Gt dcbGg b t not Of justice such IT
We would not multiply ords. We put the case and
the evidence before your Excelency, in full Rnce
upon your sense OF justice, sentiment of mercy
and yonr calm settled purpose to do, fear
IaVor what your head and your heart dictate to be
right Most respectfully, -
H r. WARRINER,
DAMON Y. kILGORE,
,,,,,,, Counsel for Prisoner.