The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1869-05-21
The Trial OF miss Cairnes.

the speech of II. D. Farnandis, Esq, in the
case of the State vs.. Martha j. Cairncs, indict-
ed for the murder of Nicholas McComas-
It viii be unnecessary to inform those who
heard Mr.. Farnandis' able and eloquent ar
gument in behalf of the accused, that this
sketch is an outline merely, of his remarks
on that occasion; but we believe it to be an
accurate indication of the line of argument
pursued by him in this case-which was,
with its surrounding circumstances, of SO
thrilling and absorbing an interest to the
community:
Mr.. F. said he was not like his colleague,
who had just spoken, inspIrited by any
pride of position, however justified by the
defence Of Innocence assailed by private
wrong or public accusation. He felt only
apainful, oppressive sense of Responsibilities,
that in some degree paralyzed the powers
which should be, in their full force, exertaa
for his client, It was not because the
prosecution was conducted by the Attorney
General, the official head of the professional
brotherhood, and who, by his learning ahd
virtues had merited the high place be
adorned. Relying upon the truth and JUS
tlce OF the case, he could well hope that
the pebble might strike down the giant.
Our only plan of defence was to bring
out the whole truth. We were not blind
to the attempt to connect Richard Cairnes
with the act of his sister; we knew we
might resist it, but did not; we meant to
show our desire to let in all the facts, and
to invoke similar liberal conduct on the
p art of the State. We haye not met it, but
have fought our way against every techni-
cal objection and artificial rule. The cir
cumstances of provocation-the relations of
the parties, the incidents that really give
character to the act, have only been admit
ted under she decision of the Court,
We do not complain of this-we ask you
to note it, appreciate our difficulties, and
know why much evidence was excluded
we would have wished to introduce. We
know the learned Attorney General has
acted only according to rigid sense of
duty-nothing else could have brought
him here. We know that whilst his head is
filled with legal lore his heart is full of all
manly impulses and no money could in
duce him to assume duty so painful; and
if his office were offered him now, at the
price of its performance, he would refuse
its hcnors and its emoluments.
We do not mean to appeal to your SYM
pathies, or plead for mercy. We shall rest
the defence on the facts and the law.
Mr.. +. said the defence would maintain
three positions:
1st-That the evidence sustained the
plea of insanity.
2d-That they could prove the provoca-
ton to reduce the grade of the offence.
3d-That by the law the homicide was
Unsuitable.
AS to the insanity, he denied that the
Attorney General had stated the question
accurately; it was not whether the traver-
ser could distinguish right from wrong, but
whether the mind was, at the time of COM
mission of the act, q sound one. This was
the opinion of enlightened modern judges,
and of the writers on medical jurisprudence
of best repute. The old rule was by
them pronounced barbarism. Juries
should not be required to graduate mental
disease, or describe and define the extent
of insanity that could excuse, or mako
amenable to the law. They cannot analyze
the mysterious force of mental disease, or
measure the influence that partial insanity,
or monomania, may, at any moment, exert
on the general action of the reasoning
power. Every case must be judged by its
special circumstances. What are the facts
in this case 3 Miss Cairnes is proved to
have been, in her normal condition, intel
ligent, gentle, kind and afectionate-rea-
dy always to alleviate the sufferipgs of
others, active in all good works, ever ready
to nurse the sick, to cheer the sad, to goethe
the afflicted. Her reputation wss not
merely acgatiye, but her qualities and ex-
cellence were active and positive. Her be-
nevolencc was a recognized fact, and in the
language of a witness who had known her
from her childhood, she vas not member
of the Church, but true Christian. Es-
teemed in the best society of her neighbor-
hood as its pride and exemplar, the darling
of her family and home, she was as happy
as mortal could hope to be; but, with
the woman's instinct, she longed for the
one and chiefest blessing, manly heart
that would appreciate her virtues, protect
her innocence, love and cherish her for
life. Such she fancied she had found in
Nicholas McCemas, and on him had Law
ished all the warm affection of her nature.
know not and care not what he really
was--but as woman will do, she let her
imagination adorn him with oil manly yir-
tues, and so realized for herself the ideal
she loved. -s4e.etf I...sl gq.st
How many men are really worthy of a
true-hearted woman9 If they but knew us
as we are, gross and selfish, few of us could
boast of triumphs! .a- lra,I
She was not quickly wooed and lightly
won. After years of apparent devotion in
1865 he asked and received her widowed
mothers consent, and soon after was receiv-
ed as her acknowledged sutton and intend
ed husband. They were to be married in
January, 1868, her wedding dress made,
her wedding ring placed upon her finger,
where it rests now; then she trusted and
was betrayed. True herself she could not
believe in fasehood and treachery in him
to her the impersonation of all excellence
Imprudent, grossly imprudent, but the love
he should have sanctifed was made the
instrument of her ruin. Then came pretext
after pretext for delay, and then came the
doubt-the fear-the certainty of all she had
risked and lost. Can you realize her agony 2
She knew that the world would soon point at
her its cold finger of scorn /; that she would
probably be expelled from The i" ln1 .. her
girlhood-even by the halet Of Lrrinotheri
That mother discovering her condition in
November, made a last effort saw Nc
Comas, who promised on the next Thursday
to come and marry her. She, hoping
against hope, sat up until o'clock IN the