The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-05-10
LEGAL INTELLIGENCE.
The MaWIIton HomIoIde.

W Do
Attorney; II. Bradford Dwight, Assist ant District
Attorney-The Court convened at o'clock yesterday
afternoon, when Mr.. KilgOre resumed his remarks.
At the conclusion Mr.. Warriner his associate
addressed the Jury. He protested against the haste
the same ground Of defense that Mr Klgore had done
the jury the law governing Insanity
The District Attorney Will close the case to-day
THE PRIsONER's DIARY.
Mr.. Dwight, during the OF his address to the
Jury, read extracts from Winnemores diary, from
which we select the following
"lI were the song OF wild forest bird
Ihat carols on the tree-top high,
II were the light of the brightest star.
That beams in the azure Of heaven,
%9Glo r1 hooq 90 M ny 9eing Win IN peace and JOY
The bird and the rose and the fragrance thine,
:, But they come con s, from m beyond the stars,
As the lives OF the spirits are"
liam l.. Sim proprietor and manager has given me
an engagement for the Spring Ason s. A, e.,
'eRgSnG RgaI6. oeReht eR the 81 2sd present ac'or'
''AG evening went to the theatre and got position
OF stock actor on the lst Part of Drama e. II. 2xi.
also got an introduction to Mrs Helen Western and
The diary from which these extracts are taken
commences with the first of the present year and is
the murder Prior to March, there are references T.
ofbufao hunts scouts after the indians, Indian
ellis of war and the arrival and departure of soldiers
since his return to Philadelphia the entries in the
friends his meeting certain parties at spiritual circles
communications from spirits and constant reference
to the state Of the weather There one only
referring to Mrs Magton. and that one merely states
arc az Mrs m MaGitons Many or the S entries @
nographie characters. but phonographer who ex,
such as are used in that system of short hand.
THIS MoRNING's PROCEEDINGS.
Mr.. Warrlner continued his remarks. He said;-I
slider afresh where you were left last night 1 was
rsoner at he bar Ss OR or AS bs e ne
might be ahecedi by the disease which the prisoner
or ''i to have been lS6oTlus under, rom his
t6Feshold aIh Of ths trial viii not say now what
Will thereafter inscosng, as to the necessity OF your
in this cause but tn physiological, pathological
and psychological truths that illustrated by the
that may' be produced upon this man, the cOnse.
desire shall be fOundeu upon the principles of un
mis- akable truth.
case though he would labor either for his
63ns private ends or serve great public Utility
this case may or may not be OF use t1this community;
movable as 4 the throne Of the Eternal
You are to decide this case according to the law
and the evidence There is no adequate motive, such
as appears in most human minds to produce result
Mr.. Warmer, after citing different cases of men,
under the influence OF haluclnaton, who committed
the evidence THe evidence to the sTstsnSe Of
SGad not prove that
IT during the early eriod of his lite from three TO
seven, ana from seven 10 eleven ana from eleven TO
fifteen sxtesn then lose sight OF him for some
time. The rambling manner in which his diary
condition OF his mind.
Mr.. Warmer then read the following
Dear mother these beautiful flowers
| That bloom around me in this sphere,
Waiting to welcome you here,
Tell father I'm with him while on this plain,
Hoping my ABSENCE SePi viii give Gnn him ne psu.
Although he has progressed much longer and
These flowers I bring you are fresh from the rains,
Nnd all RHt RR9f ask ss T. Ss be- happy and S
These lowers bring you are fresh from the plain,
am glad that my absence does give you pain,
And all you will ask of me that will do
And those songs you heard
Love those little ones
Teach Them TO loVe
Those that here
Are taught by me,
But those that will come
The speaker asEed 6e Court that they
give the case the most careful c9nslderson and IN
the jury that every reasonable doubt that has been
nh hd Be ade we e R s
know your Honors feel the responsibility of this
your hands, and pray you not TO be influenced by
the remarks OF the District Attorney, VINO will next
Mr. Mann then closed for the Commonwealth He
things and congratulate you that there is an end TO
do not know what effect it may have upon you;
but for the last TWO or three days felt very much
I stantly thrown upon him. dashed upon him, around
about him. IL seemed to II there be "a
general deluge of cases of insanity. ..
| Hundreds and thousands of cases of them being
found in the medical books brought here and read 10
| you presume by the hundred. Yet there Is an end
TO all things, and leaving this theory ground shall
endeavor 10 bring you back TO the plain things aud
discuss them with plain words and TO use the Ian
| guage OF truth and soberness.
/ / desire, before become warmed up in this case,
! TO say TO you TO counsel, and to the community at
large could reach them, that feel very grateful
TO the counsel for this prisoner for the zeal with
/ which they have defended him, II possibly
may have been reprOach that this man,
| who committed murder upon Thursday
April 25, and brought into Court within
| two weeks time; but When you take into con.
sideration that the law guarded this man, watched
over him, employed hundreds of men TO search out
witnesses for him TO produce his testmony when you
consider that the Court assigned him able counsel
do think, If you look back at this case, you can
| do not desire 10 say anything unklndiy OF the
them for this defense that they have made. feel
disposed TO pass by great many things that have
been said about myself, In reference 10 my being
magnetic power. All us poor moras are apt 10 mis-
take the effect for the cause. HOW we are apt, In
enjoying gift, to forget the hand OF the giver!
| If 1 have any power over jury IL nave any
power fellOw.ctiZ think IL l5 Que not 10
me, but to the cause of truth that adyocate have
be en- accused OF being the great Goath or CATH the
man who was stunned with q pe00le and slain with
his own sword; and these gentlemen VINO come up
against me are likened unto DAVID
Continued IN oar neat editionl