The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-07-21

led the case with ylgot and clearness tof
honsht, and and AZ, an oyeriioyins eloausoee; ne
hey all showed insanity In the accused.
MI. Darlington closed for the defence. lie
his fears lest his physical system,
low suffering from influenza, would not allow
lin to do justice to this important ease. lie
'ould not, Mt least, follow Mr.. Riddles exSti-
lie, and speak for four hours. This ease had
,een surrounded with unusually peculiar cir
,umstAnccs,
The accused was a low, vulgar, dirty wash.
nrwoman, but to hear the soft, silyery clio.
luepse Of her counsel, one might suppose that
she was some young. delicate, sensitive maid,
who had been aeduced from the path Of virtue
by . heartless libertineI and yet this was
merely the case Of low. vulgar, ill.tempered,
dered a brave, sober, and a devoted public
oiilcer-a young man In the hrst flush OF life.
She had been seduced In a Virginia pes
came TO this city under the protection Of that
army, one OF whose brave soldiers she MUIR
dercd after he had won her freedom. She saw
him At the bo'rdil ding marked him IS her
the days OF Adam until now no man Except
Joseph ever refused to crafty woman who
came In the night time and got into his bed.
She was the seducer OF lngle. Her paths were
the paths of hell, and along those paths any
bad woman may lead the son OF any one OF the
Jurors. Were they willing that any unch,ste
cause he yielded to tcmptationi The man she
struck wrs not a STAKEHOLDER, but q soldier Of
freedom, Mrs Van Busklrk was not = south.
ern lady, but friend OF freedom, and all her
sympa,hics would naturally be with her ser.
want,
mn. oARRINuros on TINS "srRoSo NispgD."
He knew that there were iu this city ehronie
sympathircrs with criminals strong minded
women, HERNIA phrodl tes, who ollowed with zest
4 case like this A few days since he was fol.
lowed from the court house by a lady fantas.
ticNlly dressed, one OF these women who sym
pathiic with the prisoner, and told by her that
"whcn this woman is acquitted, as know she
will be, will shower boquets upon her. |
Wishsa Sesisnipy So9tiS wamcn ~ ,vbnn mn Soic
sunk were worse thsn the devil himself
The corpus deficit, the body Of the crime 1t.
self, was proved and not denied. There were
two defences, Insanity and self defence. Az
to insanity, II a juror believed that whea she
did the homicide she knew gh0 was doing
wrong, and voted to aequit her, he would CON.
was IN ode the large feature oithis ease. Ncxt
to the bluIhing bride, the ioveliest sight to
human eyes was the young wife In the deli.
Such woman was tho Softcst, uJsI ioving
and lovely Of her sex. Yet, according to thus
defence, she IL wild beast, bIoody.minded
Ali the physicians, DIR. Nichols, DIR. Thomp.
son and all the others, said they saw no oyi.
dences OF insanity In her conduct. This In.
sanity was pretext gotten up after crime as
hear an insane person siy she was inssnoi
II was a mark OF the case that the lunltIcs
supposed themselves to be sane. Yet here
was Minnie Gaines, who, before the charge Of
Ing wild at the warden OF the jail, and telling
him 81 believe am insane" It was a ease
Of prctcnee Of insanity too plain to be mis-.
taken. And TIE pretcnce OF Insanity was the
plainest proof that no real insanity existed.
COLOR AND RACE.
When the mArtycrei Lincoln broke the
chains and set the bOndncn free, was It that
ss SsSss 'S to s.%s LA: army
This trial was the legitimate result of
slavery. II was the legitimate result OF the
Mary Harris case. He read from his Argu.
ment In that case to show. he maintained the
same opinion then as he does now. lie
thought the jury did wrong then.
MI: Riddle. Are you aware Mr.. Carringt on
that Mary Harris Afterwards became insaucl
Mr.. q. ] know that she was so struck with
remorse for her crime that it m sde her Insane
afterwards. He closed By oxhoIting The Jury.
JUDGE PIsHKR's CHARGE
Judge FISHER sMd me Jury had been 9worn
A, lngle. There were four counts In the in.
dirtmcnt, all substantially the same Tie
prisoner is a soioTel woman, % ycirs old
10 years old was made the victim of the un
hallowed lust OF her young Virginia master
and had child by him. The deceased, Inglc
| was an lrishmanj but neither color nor race
should enter into this case. The ease was l.
be determined as II both prisoner And dece -cj
had both been oil the same race: The fact o.
1 lHt was Tue court die
not understand that a distinct plea OF self
defence had been sstup, but the defence sImpl,
contended that the accused labored under Ia,
deluSion that tho act was ncedci for the dc
fence OF her life, so that all other question:
except that OF insanity might be elm mate,
from this case. II the accused 10 guilty a. al
she Is guilty Of murder.
To convict the accused, the Jury must IA
| the accused to have been, at the time OF IN
killing, of sound mind and discretion, Thcr
had been much discussion as to the degree o
| Insanity that would relieve homicide IIon
| guiltj there were various kinds OF ins.nityi
! was the abnormal condition of humauity-Gu
| mAnity out OF all rule, beyond the ,utI4ro an
| plummet OF human inECstigHtlOn. How II be
gun can rarely be determined, GOmetlmcB
| was produced by disease, Bomstimcs by grI,
or fear that turns the hair white 10 q singl
night; all were causes Of insanity. Nob6d
could lathom IT. medical men aud jurists hg
made 1t their study, but, Ike the light An
| heat around US, no one could fathom 1t, |
was delicate sulJcet for the jury, and shoui
| be approached with care. lilo could not d.
better than to read sumo .srs In which ihl
| question was inyOivedj he would do this l.
show how lcaTned men aud lawyers had iii
| Tered on this suFJett:
Ia the case OF Abner Rogers In ItrIr III
was decided that the deduction Is not that h
has real belief 10 fact which han no rcA
I fFollAGle impulse the party is not Scsountsbi,
lie quoted Wharton And stiles meIics
IuTisp Iudchcc.
In the case Of Delaware VS. win,o-. viii
| decided that ''"'
"rhc power IN distinguish between rich
aud wrong and TO act accordingly,
:" The question waa whether tile III al had In
abl'Ity To distinguish between right and wTou
| ~ reference to the particular case with abIIIt
| to follow which he choss.n
Tho district attorney had said that insanIt
wash humbug when Its existence Is urst d.
| covered by an act OF homicide, and no sail
too, u was time some Judge had the mora
| courage TO so pronounce IL. 1t certainly Iyuul
not require the moral courage often thUu.sn
men for Judge TO do that, II ha believed III
plea Of insanity was = humhug.
Mi Darlington explained his language
| Judge Fisher reAuming read from yL,r'
jurisprudenee, showing that sometimes a sti,
den burst o. homicide mania was the arst ev
| dence OF insanity, This might result ffuI
shame, disgrace, or bal treatment. ''''
Judge Fisher then reviewed the oyideLrl
! The father Of the accused showed that m
I'll ,Sas p.iopW w To sSS ne had &c
TO inBAne acts OF the accu1rd shortly before ii,
homicide. The inmates Of tho house trsu.i,
heL ohsraaier changed just before the ham
OF insanity since hcr commitment TO iaiI. ri
evidences OF her ,endency to insanity, and .
that tcndenr: 20 her blood, her mother helm
Insane AZ ine lime OF pregnancy, and On III
subject Of her husbands attentions to oth'
women, and joining this to tho fact of III
pregnancy OF The accused, and her jealousy {
mss Sehnner, might be considered grounds f.
me intanity OF the accused. The District A
torney had said that there should be nrCpO,
uuIhhet OF insanity, aud had said thIa Va .
JuIge trnwiord,s, Judge wylla's and JuIr
FISHERS law. The Court believed Judge w,
lie had 50 decided, but he had never eSusi!
eied murder case proving Insanity. Judr
CRAWFORD had decided 9th crwias in tho Sick h
case, aud had quoted n similar decIAlon In hi
District, IN Deyiin's case IN 1858.
Tho Court read at length Judge Crawford
opinion % to this quGAtion In the SicKlcs cas-,
quoting English aud New York cases
The humane opinion that the question Z
doubt belongs as well " question Of insanIt
Asto any other question was the law OF mi
| case. "
The jury were called upon to say, "Hayo
| or have not any doubt rs 10 tho sanity d
tho prisoner" Would any man with a heal
as big NJ pea whose conscience ia not scare
with n redEot iron, wish to hang a man. q
sanity he had Doubt
II was true the law At nrst blush rerarde
every man as ssnej that 10, II there 10 no pFOC
one way or the other, thea the Jury couI
! accused. ~ W.
But there was another most Christian prir
ciple OF law; That every man was innoeen
tilhe was proved guilty, The Jury were /
weigh the evidence y. sanity ARainat thu nj,
oiple OF the law, that all doubts were 10 l.
gwen for the prisoner. 1t was true most a
the fathers OF the old law were arainst hi
opinion hut upon all tho authoritIes Nh
Court said, Il believe tho Jury shouII gtv
the prisoner at the bar the benefit Of tho iSs',i
o. sing In the case OF the sanity OF tho mi,
oner, just as they would give the prisoner III
benefit OF doubt OF his guilt w
j In 100 u 10 doctrine was annopproJ a.