Evening star. [volume] (Washington, D.C.) 1854-1972, 1869-07-17

w II -.
The Willie Gaines Murder Case

thi WIN AL Cot RI J4d e ItSa.r.-rnIs IN lrn
ing, On The Court b-Ing convened. 1t was found
thAt TIE jury were not 10 tAeir box. In c oose.
guence II me continued Illness o one of thsir
! number tMT. Larman1 who although some.
VIVA Meter. - stIIl ur4his 20 cJma ont
Judge Fisher. however, saIl thar the connssI
could HTgU- their prayers tor instructi)us and
-. Ds'TICt ArOr0ey offered a SERIES saving
that 'hey were very similar TO those offered ON
the trial OF Nary Harris f,r the murder of nj
Burroughs III the Treasury ID ,partpaut a ~ r
years since. The District Attorney cI,imS !.
verdict Of guilty. and the defence also off.red
prayers claiming verdict for acdurtt.,
The hIst prayer OF the prosecution IL as fol-
Io"s--If me Jury believe from the whole ev-
IdsuCe that The prisoner AT the blr armed with
riS'ol and an axe or Ratchet on or about the
une st@tsd IN the Indictment. en- 70 red a room
IN Cert1ln house III this CITY, where the de-
u'1std who was bosrder In said hous e was
reclining on sofa, OF sitting in a chair and
>ald 10 the deceased. =. You OF must die nd
hersup0n presented and snapped the said
pi>tol AT q IN, and commenced striking at MIN
WITH sd'd hammer, Ratchet or axe, and IN At ne
deceased then threw up his arms. and that the
pflloner beat them do wn, and inflicted one or
mere wounds upon tbs head OF the decsase cd
with sand hammer, Ratchet or axe, of vhi,h he
uItd, he Jury should ind the prisoner puilty
rs inoicit1, although they :urtter belle We from
said evidence that the prisoner was pregnant
oy the cecf as q, and that some three avs pre.
vions 10 sad h oulicide. in consequence Of SINE
rem AZ rs made by The prisoner, DIRE " pistol
On Ler and snapped IL at her head; aud al
90
hat ihe deceased had a small lo.dej p,s,ol m
Tue rear pocket If his PAM iIoons at the tune
The bonicide was Commi,ted as azores i'd: nm.
T., thsy ave stIis ned by preponGeran Of
tceevidence that at the tine the s aid homicide
vas committed as aforesaid the prisoner mad
not sum- tent reason 20 know the nature. uual.
ly ana character OF the act OF the homicjie
ana SuHC tent capacity TO distinguish yht fr,,n
wrong IN II gard 10 that particular 2 p,
Inc Id prayer Is that II deceased carat)
his ueItn a. SET iorth IN lhe hrst prayer, tue
Jury mrs ma q verdict of guilty, unless t =
are sa' SIZED by a preponderance of eyid.ace
mat the prisoner bad not sum cient C1pac,fy
10 distinguish right from wrong, or was. from
ois'ase, incapable Of resisting the comm ISIS Oh
of The act
The tbird is tina, 10 entitle prisoner 10 an a
qni'al II Is not sufficient for the prisoner 10 snow
state Of mind susc -puble 10 diseasa, nor y n
sUfncient that the proof merely shows tba, !,
was pc sible or even probable that an thu
time of t1e HON cIde, she was Of unsound ar
di td mind ana subject TO fits of insane
Jury, aud was subJect to Paroxysmac insanity.
The feuriD, that 10 enttle the prisoner TO AN
acquutal IL is not sufficient TO showa mind
susceptible 10 disease, &c, but such should be
shown beyond reasonable doubt.
Tie ffin, that they cannot excuse the act nv
self-defence, because the prisoner was moi per
United by law 10 seek the deceased and provoke
contest with view Of taking his life and
tneh plead IN excuse danger resulting from
heI own Unlawful conduct; and. further. thar
me pr sCner was required by la " 10 make her
rSt1p', II sae could safely do so; and, further
that The prisoner was allowed by law to EN-.
pIoy NO more force than was necessary To pro.
'sct her own life and person from grteyous
bodily harm from which she could not safely
e, cape and which was not the result of her
OWL '.Ss. wfuI a CT as aforesaid
The e~5h, that they cannot acauit the pris
orer N consequence of sympathy for her
condition and the flcr that she was ON "a i,
slave; nor can hey lawfully acquit the pris.
once from ieeiiLg OF prejudice against slave
bOlders and her former master, although tnev
may be satisfied from the evidence that she had
frequent CT minal come ,tion with The son .iu
law of Ter former master and gave birth to an
Legitimate child 10y I'M; nor from a feeling Of
peIndIce against The deceased although salts
hed that be lad carnaI connection with him
aud Is HOW pregnant.
The seven n, trat If they find thar tho nr;s
On WAS Insane AZ the time OF the commission
)f lie act they should return a verdict of ..not
Inity ny reason OF INSANITY" or in words 10
The prayers of the defence rs submi,ts, ,r
Ir. Brown. are
lsf. That the defence of insanity is a perfect
.ei nee In itself, with or without cause il
naue out 10 the Itisfal lion OF the Iury
%. II the jury believe that the prisoner is no,
reasonable beng she is entitled to an acquit. /
AZ, wiener she acted with cause or under a L
leiusion.
Sd. IL, on the whole evidence p-esen,sd nv
De prosecutor, there IL any rational hypo;he.
IS consistent with the conclusion that tue hon.
,iue was Jnstlhabie or eXcusabe, the defend
nj cannot be convicted and The hy pothesis or l
uilt shoald flow naturally from the facts |
roTed and be consistent with them ALL
itn IL IS Tor the Jury 10 ietsrmine, Under all |
re tlrcI nstanc ss Of the case. whetber the act |
1arged upon the accused Is murder or iusti. |
able homicide.
5tb. IL the JuIy find that the prisoner killed |
ngle b cause he had seduced aud Dc serted her /
nd ttat she had Ieason To b.lieye that he l
liented 10 Kill her or do her some greet bodily |
arm, she cannot be convicted of either murder |
r rns1slarghe:.
"a ftha ufy believe from any prsdIsposing |
suse The prisoners mind was imT air ., aud l
tbe time Of the homicide she became or was ]
entally incapable OF governing herself IN |
ference 10 him, or was unconscious Of com |
lti'ng crime, she is not guilty OF any |
I, nse.
sth. l. J. FOR the Jury 10 s1v what was the |
afe OF The prIsorer mind IS 10 he can ,ity |
cecide Oh the Grim nality OF the homicide.
an That tie law does not require that the |
gar iiy Which absoives from crime, should |
!. for any defCl'e period, but only at tue |
ne The act Charged was committed. If the |
ry have apy doubt either in reference TO the |
'mioIde or the question of san ~ and respou- |
oility. the prisoner should be acq uitted.
ORPHANS CoURT.-In consequences of the |
,=ence OF Judge PARCEL, Who has gone 10 |
laders burg to-day, this Court was not in
ssIon.
TIE NoLRN FISHING CLUB parted hawsers |
noon to-day from Sherth-S fSixth Il