Evening star., 1869-07-19
The MILE GAINES MURDER CASE.
Close of the Testimeny-Opening Argu-
ments of Counsel.


ing The trIal CT the case of Mile Gaines, in.
dicted tor The murder Of James A. Ingle ON
the 9TH Of March last. was resumed In the
Criminal Court when ur. Larman, one of the
jurors IN The case having sufficiently recovered
from an attack Of sun stroke the Jury was
brought in,O court.
HoH. JoEn 2. Drlgqs. Of Michigan, was worn
and testified that III l-ii-j he was SuperInten.
dent of Blsckwell Island, n. Y, where his
business led him 10 be a great deal of his time
among the insane. Witness resided AZ Mrs
Van Buskirk's last winter: was acquaIuted
with the deceased and frequently saw the mrs.
oner IN me house Always supposed the ac-
cused 20 be as sane as he was. and on seeing
and conversIng with her after the homicide he
say no reason for changing his opinion Wit
ness never saw any more intimacy between
tue deceased and Miss Shafer than bet ween the
others IL the house, saw the deceased, Miss Sha-
fer and the prisoner frequently in the room
With others. Witness could not imagine
tne cause for the commission OF the
noIalcIde' KNOWS OF no cause whateyer.
lie Court having intImated that he would
not instruct the jury beyond the general
cha-ge 10 be given az the close OF the argu-
ment. the District Attorney intimated that he
would submit the case ON the instructions and
stated that be regarded II more q question of
law than of fact, for he was willing to admit
all that was claimed 10 have been proven by
the defence in their behalf. On this admission
he clalrned that the law of the ise was that the
prisoner vas yel 10 be held responsible: and
that she had not been shown 10 have been so
IL IS
tIpguish right from wrong
Judge Fisher remarked that he was not DIS
posed 10 usurP the province of the Jury: that
me quesuCn OF sanity or insanity was que5-
ton for them 10 determine
The District Attorney said il was for the
Court to tell the lGry what degree OF insanity
rendered 4 person irresponsible; aud they were
70 decide upon the facts whether there was that
degree of insanity proven.
The Court said he would at the proper time
gave the law TO the Jury. That he saw no
difference between this aud other cases Of in
sanity; That there were facts for the Iury to
determine upon, aud those facts the counsel
might discuss before them if they saw proper
and be would then charge them as to the la "
MT Barrett AZ 10 O'Clock opened the case 10
the jury for the prosecution, reading first the
statement OF facts presented In the prayers OF
the prosecution for Instructions. The prisoner
alleges that she is pregnant by tile deceased
and physicians testify that she was about We
months gone, and he argued that il was inpos.
sible Tor the prisoner 10 have known al the
time OF the homicide whether she was preg.
HaHt. lie spoke OF the attempt made by the
accused 10 obtain money from the de-
&c ised as an attempt 10 black mall in
Keeping with the actions OF those who,
ike the accused, run out at night The
theory was that when a pure minded giri
was seduced she should shoot her ssducer Inn
that theory was not law. 1t would be better
IN such cases 10 do as the Connecticut Jury
did-say ''seryed him right'-au1 10 ~, on a
plSSter OF insanity. as is often the sasa, az 4 As
the attempt is made 10 do here. He argued tnat
the grandmother OF the accused was sane aud
that the remark that she wished she had died
before giving birth TO her children to he sold
INTO s'F very, was the best evIdenc ce of sanity.
and ma the pest stevidence that the father of the
aecu<, q was insane. was his admission of
being the husband OF four wives and the fathar
OF twsnty-two children TO be sent off to the
cane-orakes of slavery. At considerable length
ne aIgned that the insanity OF ancestors OF the
accused was the common puerperal fever aud
thai II was not hereditary iusapity He
argued, on the theory thai the homicide was
committed in self defence. that the Jury shouId
be satisfied that she could not make her escane
from The accused. and was in fear of great hed
lily harm: and he denied that this had bpsn
SHOWN. He SAID that ever since God had man.
aged the affairs of earth, no such doctrine as
that set up by the defence had prevailed
Mr. Riddle did not know that he had ab-
dlcated.
Mr. Barrett did not so state but that he had
SAID from the time God began to rule To the
present time. When God die abdcate. such
doctrines as the defence had set up won Id pre-
van and pandeTnCnium rule general. In con.
clusIon ne urged upon the Jury the duty OF re.
turning verdict OF guilty, irrespective of the
consequences.
A. IL o'clock recess was taken.
MI A. h. Browne, for the defense, COM
menced his argument NJ I2H O'CLOCK. STATING
that the indictment charged murder and in
Guided manslaughter, and If they found that
she, in her sound sense and with malice. COM
nlt1ed the Act. they should find her guilty: and
II tney found that she committed the act in the
neat OF passion, without legal malice, they
HiSut HnO SeIolct OF guilty OF fmanslaughter.
lie rest the definition of hemicide from the
charge made to the Grand Jury at the COM
mencement Of the present term OF the cour.
mere were but two ways TO decide this case
me- inst the act WAS com mi ted WI IN uslica and
The othe er that she comm no crime al All She
mould be convicted and executed or acu uittsd
he proc ed 10 argue that no one who had
listened 10 the evidence had doubted thai
criminal intimacy had existed between the ac.
cused and deceased. and OF her pregnancy and
lii-treatment by him. Although he did not
pl'ad self-defence absolutely as a ground for
acquIttai, yet IL the prisoner killed the de-
ceassd under the impression that he would
kill her. even though thar impress
ION was deluslon, then il was a lurther IN
nuence OF her insanity. He spoke of the cor-
rect life OF the accused; OF her conversion in
Boston; her return to this city, summoned by
tne illness Of her child; her attention to her
Cnrisl lan duties: and pictured her seduc-
tion ana ner subsequent ill.treatment, which
re:ulted in her Transformation to a maniaC.
he read iron Rays Medical Jurisprudence
the dennitlon OF Insanity in its different phases
MT Brown was continuing his argument
when our report closed.
On motion TO OF Mr.. q. q Richmond. Mr.
a Albert Lindsay, graduate of the Columbian
Law school, was admitted TO the bar OF the
Court.
PROFESSOR WILCOX STICKS To THRCAVs..-
Al woman's suffrage meeting IN New York
,ast Week, Prof Wilcox, late OF the Statistical