The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-11

Arguwcnts or Cesnse1.
- - : pl..lo <a~Irhxa I.odoar Nav 101

From tho PhiladephIs LsdgeL ny l@l
Yesfsrday the coun " nine o'clock, and notwtn-
sianAng TIE early hour, the court room was wei ned
BY ten the crowd occupied every nook and corner
calm and unmoved apparently indifferent 20 the pro-
eren q the case, except when some OF the more
crous details excited the laughter OF the audience In
partcuariy the In regard 70 the evidence o.
certsln vitnssses and again YESTERDAY, during me
spseohss counsel AT such times he too, was Affected
With ens hand Another pecaarity in his behaviour
&c VIII Ss = a.. Whine
paper about two feet square highly colorsd. and
xii Ss y me pictures had
produced BY his counsel at the opening OF the defence
the prisoner ana thss he was compelled TO leave the
room where they were exhibited TO ms view
49, tsis refe renee TO them the pictures were handed
70 the judges and for hour they lay upon the judges
49, - Mghs o. the prisoner Wnnemore finally called
one Of his counsel the dock and e result Of short
ss that the sheets b. removed from the deek 50 - mot
20 De within the range Of the prisoners vision
evening was CONSUMED with the argument Without IN
ishing the cas& Assistant Attorney Dwight who
~ The so1s Ss
ssa sa%ss e
sented among other things the theory that the prisoner
eptersd the house while laboFng under IN inAuencs
s y s ;os II n: s spsser ss ns
Diseased the effect Of magnsism and somnambuIIsu,
and quoted NON various medical and philosophical
magnetic power she drew the prisoner e her By
power over which 10 had control ed, = usual in
ali. killed his dearest friend In concusoa - warned
the jury against the magnetic innuence' Of the Dis-
Mr. Warmer followed FOR the defence and in The
Of his address made the following spomts" for
fSs u believe S he va:so. in a. ca.
that the prisoner committed the oct o. killing but thal
II the time Of doing 90 be was under the induencs Of
diseased mind, and really unconscious that he wa
committing crime he Is not guilty In law, and should
mot be convicted Of any crims.
Gauss the prisoners mind impaired, and that he
was mentally incapable Of controlling governing hts
cots ct the time the homicide took place. they must
3 II the Jury believe from the evidence that the
accused, ct the time the act was committed vas cap
mind was incapable adng Of the nature Of the act
with reference to the crime Of MURDER they must acqut
The questions Of fact implied in each Of The fore.
going points-like all others IN the cascare open Qocs
tons for ne isy 70 Be decided ny them ssy Z, 81
oner's mind in any manner impaired BY dsesse 80
a. render him unconscious Of his acts incapable Of
controlling them Of properly judging their nature
with reference the OF MURDER before they
couuct tho prisoner Of the crime wherewith no Is
s. The law does not require that insanity shall be
shown exist Tor any definite period but only that the
accused was suffering from paroxysm Of mental dis
place which he Il accused OF committing
The motivebeesnsss OF the act ITSELF Is proper
consideration for the jury In weighing the evidence Of
insanity.
l. Eve7 rusoasbe doubt inrseard 70 the sxisssncs OF
every fact necessary 70 constitute the guilt Of the prs
must bs removed from the minds OF the jury by
satisfactory proof evidence produced the be-
fore thev On convict the pnsoncr.
Before Mr.. Warmer had concluded his address the
court adjousned Il 80 q e
Gosrss W. winnensere, the Murderer, Con-
wtnpa.
PHLADn1mA, May 10, 1851.
Geo. W. Wsnnsmors was to-day convicted Of murder
in the n1ss degree, for the murder Of NrA AaGtoa
few days smce. tAA "