The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-07

load that rests upon the shoulders OF that poor
man. For tell you, that OF all the men whose
seen one who so Indifferent as the prisoner. The
Sds a. the door look at me Tith @ more ore
prisoner ,1e: II l know anything OF physiognomy, "
today; more inaiiereSt 70 the result OF he trial
than his counsel I PROPOSE lrst, to consider the
testimony that has been reciled before you. There
pretend 70 deny that MED Mrs poTeas MaSiItOn was
inhumanly killed in her peaceful humble dwelling.
US deny that that occasion the persons who have
PeeeS9 Ssen @ witness stand IND sa
body that they saw the blood; that they saw the
and the open door. Xii these Sc cifca@stSnees are
George ". Winnemore was then in that house when
the poor wounded and Injured husband. whose heart
may never againoccur in this or any other commu-
nifty, returned, Il is possible for man to murder
That this man was not in The habit of having money
wS Comimonwes1h mn sn mas IaeH 70 prove thet fafS
the back yard can be scaled, and that It was
Ing and has been suffering rom disease, engendering
Illusions ana naluGnstlons. ever since ne was cnli1
sanity Mr.. Warmer cited case of q murder that
other stabbing his wife, and he snatched the weapon
from him and caught his wife in his arms The assas
sin escaped. He gave the alarm and officer entered
aud saw him with the dagger in his hand He was
wards the true murderer Confessed the crime and the
Innocence Of the man established. believe that
test, decide whether be true that this man was
sane or insane when ths act was committed, is tha
Mir Warmer went on to quote different authorities
IT. Can there be such thing as responsibility with
SONS have been told they say, by Spirits to de-
strOy avorite and loved child, and have prayed to
Vet f S SSsae Gs @ G pn e Whole %
chinery OF the law in operation that you may
you stop mo such murders as these-yop rather
perhaps even to the insane man be of some restraint
A conviction in this case can be justified upon no
and sane. II you find that he was NOT your verdict
mpss m e not gs because & Of insanity Th true test
disease Of the body which results disease of the
themselves TO IKE insane "nch a''Ach
There is not particle of evidence that this man
sane man, must have known that II he cut that
liability that the blood would be the teitae that
would bring him to the bar Of Justice. The insane
been more. or less instigaIed, not BY the want Of
eSampie thai bsS BEEN Presented oSSv the e
public papers-his mind, frenzied in that way, might
of the throat submit. was an act OF insanity When
the victim lay before him ma5gied and dead from the
We will also prove that the prisoner has attempted
afflicted with disease that nstgates this Not par
tice of blood was found upon the prisoners clothes
being an opening but an Argument: M the time had no,
exceeded his opening, and was now prematureiy
arguing the case and requested tue Court to restrain
Mr.. Warrner replied that this was one of the most
COUNSEL had been Dnshed 10 Trial With such 1acsed @
for haste as has been 40 this case little In,
tho1ght this matter in which it was necessary
10 % the the
defense and evidence when it should be submitted to
Judge Pierce said that the legal Office of opening
law and philosophy as applicable to them, and that
the Court thought that counsel should not be limited
plainly before the jury and therefore the Court would
% We shall show
y9u that this man was an epileptic that he was
choy and detected; that he believed that he was
tRa the Victim OF W shs murder WS ia
the habit of painting and portrayng pictures (pc-
of spirit influence and that this poor crazy man
Sffected1thTown into condition % of ntter eeIusioS
and hallncnation or whatever you please TO callit
something entered Into the very marrow ofhis bones
prodnclng quick and pnngent pain and that he imme
pictures
morning ntently fixed upon his counsel away into
the corner OF the dock and did not raise them again
until the pictures had been replaced again upon the
In conclusion, the counsel said that when he had
shown h Sc facts and established this insanity, he
thought the jury would render verdict of not
The examination of witnesses for the defense was
Adam Magilton sworB-I have seen the prisoner at
tSree or four lines since he returned fro N the war
he there three times during the last three weeks
while was there L am often out; my wife was
friendly to the prisoner; / never saw the
quarrel: have never known him to come to
her hands on his head TO cure It: never knew her
put her hands on his head and pass them around it ;
(several pictures were shown to the wnessl. he re-
! fifty about the house, half dozen hang up in the
o. How did your wife claim to paint tho Sc picturese
| Objected to- and Withdrawn.
Witness resumed-The prisoner loated around
there, and when dinner was ready my wife asked him
| to sit down.
Roxanna WInnemore sworn-I am the mother of
the prisoner he had the first epileptc tit when about
three of age at seven years of he fell down
flight of nine 81 anite steps, and cut his iOrehead
the cash was about Two inches Ia length DIR. Rorer
a. From that cash did you have fears of future
attacks ofepepsy?
| Objected to and sustained.
The physician is dead my afterwards had
with what the physician told me objected TO, but the
witness had uttered tI never took particular notice OF
the length OF time when he had epeptic fits Icouldnt
say many he has had in six hours; there has been
Insanity in his fathers family; death occurred from
II; my son went TO live with family In Delaware
| when he about eleven years of age; he went to
Mr. Woodhulls at place called Little Greek, Dover,
| Del. he lived with him number OF years. until Mt.
the time since he eleven years of age; he after
| wards went to bloomington, Illinois; he lived with
first year of the war; staid until t over he wrote
| letters TO me while in the army.
these attacks. Objected to, and objection sustained
| Witness Tesumed-My son, on his return from the
army made frequent attempts TO take his life; on
sgssred sssss know S re' Gays others s oals P
from him from the indian frontier; received several
letters purportpg TO have been written by him while
years the prisoner will be twenyhree years OF age
peN' Continued on the PIIth Pa0sl
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