The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-07-20


The defence, at the opening Of the court,
called tho following witness:
Hon. John =. briggs lie stated that he re-
sentcd his district in Congress for six years
past, In 1875 was superintendent OF the
pcnitentlsry at Bisckweli's Island, New York.
H. lSs; 'S s% sy spSS a., x. !Rs hs
his duty TO superlntend and furnish help from
the prisoners take care Of the sanitary ar.
rangeme,n,. &c; TIA; eroSsht him every az
resided last winter at Mrs. Van Buskirk's, on
First street. He knew the prisoner from the
time she wa. frat employcdby MRS. ", knew
saw the prisoner every day about the house.
lie never saw anything that created on his
mind an impression that she was insane. She
iigently As servants generally do. He always
supposed her to be just ~ sane rs he was. He
saw her after the homicide; saw nothing then,
ssn
quainted with Miss Shafer, had seen Mrs.
s, the deceased aud prisoner together, and
here were ess
Of them. He saw nothing that attracted his
attention.
Judge Fisher said that upon exsmIning the
Instructions asked he had found neither OF
them such as he would be willing to deliverto
the jury for the law OF the ease, and he would
give no instructions at this time. At the close
own views Of the law of the case.
Mr.. Darlington hoped the Court would state
the law Of the case before the argument, In
laid down BY tho court to the facts ssthcy APP
pearcd in evidence.
The argument to the jury WAS then begun.
Mr. Bs,sts hnyns read the prsSs,s o. the
As understood by the prosecution, opened the
case, saying, that IL comnon law was, As was
sometimes said, common sense" tho jury,
whose patient and Intelligent attention ali
had witnessed, were as competent to under
stand the law OF the case as any OF the attor.
neys at the bar.
fact that the whole case for the defence was
founded on tho pregnancy OF the defendant.
The physic ans examination had denoted five
pregnant. This would make her but three
weeks encientc at the time Of the homicide.
Now, how could Mile Gaines tell whether
from conception 1t was one Of the most di IN.
cult problems Of obstetrics to determine the
existence OF pregnancy before seven months.
Even now II Is quits possible she may not be
pregnant, for diseases of the womb and other
diseases simulated so closely the appearances
Of pregnancy as sometimes to deceive even
the most skillful. Now, then, there was no
clear proof OF pregnancy, and II no pregnancy
no defence. Had the defence been willing to
postpone the trial for Ave or six months, this
question as to the pregnancy and the color Of
the child might be settled.
Nor did the common sense view OF the case
Indicate that the deceased was the father OF
any child by the accused. 81 only, according
to her own statement, asked the deceased for
twenty dollars to take her away. Now, had
he been the father Of b or child would she limit
her demand to this, Knowing, as she must,
that she could BY her proofs force I'm from
him from respectable society," Would she not
have made holder face as she felt him In her
powers aud had he known that he was the
father OF her child would he not gladly have
paid twenty dollars to get her out OF the city
.%oaTs was that after seduction, While the
mans passion was heightened, and nothing
could be too much to do for the object Of her
affection. In this case nothing Of that kind
than to any other bosrder. She took to the
stress at night, but never with Ingle, and all
know what servant girl met wandering by
night in large city. This prisoner, II she
was pregnant, got her condition In this wan.
dering, and was perhaps In league with some
man to lay 1t at the door of the deceased.
Even granting that the seducci might STAY
her reducer, which was but lawless theory,
that was only held to be true OF virgin robbed
OF her honor Certainly no ono supposed a
woman could be seduced twicej for II so, one
might be seduced the tenth and the thousAndth
time, aud the women who were sedueed as
many times every night rs they could nnd q
chance might, II this theory were true, SHAY
every morning the ten thousand seducers Of
the night before.
Nor was the accused insane Impuislve In
sanity was Inconsistent with preyit us threats.
10 no case where such defence had been sus.
tained had there been statements like Min.
nie's to Ms. Blair, an do It." or to the little
girl aud the other servant, There'll be = fuss
IN this house before night" The plea OF self
defence was Inconsistent with insanity. The
main evidence Of the insanity OF the grand.
mother Of the accused WAS that when her
children were sold Off into slavery she said she
wished she had never been born. This WAS so
far from evidence of insanity that, Mr.. b. held,
the witness who mentioned the fact was far
more insane when he confessed he had suffered
himself to be the father OF twenty-five chill
Mr.. Barrett discussed the law Of insanity at
some length, and then, after denying tho truth
VI the statement OF tho accused thst she first
snapped n pistol At the deceased and had said
to him, III ther you or must die,n and d.
clared III 1t she struck or killed Ingle as he lay
asleep, he examined tho law Of reiEdefenee
and undertook TO show that even on the state
ment Of the accused the homicide was not in
defence, and closed after an argument OF much
weight:
by Questioning tho charge Of the Judge TO the
grand jury at the opening Of the court upon
the subject OF homicide, contending that Il
q 20 Hood Of light uoon this ease. He held
that either the accused was guilty OF murder
or that she was guiltless OF crime. The testi.
nony Of ID. briggs, sworn for the prosecution,
entirely supported the defence on the example
ported the defence. lie would read Il. Mr..
- then road the history OF Nathsn's whit to
David, and urged that Dsvil,s declaration
die"-waa the realized punishment for the
crime OF seduction.
Mt. Barrett. i lid no, refc, to David, but
MI. Riddle. The whole family were afflicted
MI. Barrett Yes, they had impul.ivo In.
sanity.
Mr. Browne proceeded, quoting tho case Of
hmmon and rhamar n ON tho Scriptures, say.
Ing that y, instead Of showing, as had been
and seduceu, showed that there was nften
enmity between them.
lie contenlei that the testimony Of DR..
the testimony Of the physicians summoned
| BY the prosecution, for they were experts on
the spceinltics OF this case, II she conceived
That usiess she Killed him he would kill her,
The act was In some sort self-delence, and tht
conception evidence OF her insanity. Mr.. ID
read solemn and Impressive appeal to the
lurS"n behalf off, ensed, and quoted some
authorities upon the subject OF insanity. lie
ebneludedhy declaring that after the ease was
/ gwen TO the Jury, he knew II would not BE-
long before they gave verdict Of not guilty
| MT. fiddle followed for the defence. liz
would have made excuse for the necessity o
lenSthenlng out this case, but when the fur,
rcTcmhcreh that sometimes IN the CifeuiI
Oourt Juties were engaged for hours with
eounsc aud JudScs In the examination OF
cate ~ which not t25 was Involved; when they
! t,eollee'od longer timo than that was occupiet
IL iIislS Tor injury to reputation, they Nigh
wen undefh,and the supreme Importance OF 4
trial like this, Involving human life Mr.. X
! dwelt e'oIuenily upon the snncity o. human
/ life, lie could not but notice the relation o
The sexes ha nearly connected with the pa
! thology OF this case. 1t was said Eve wa,
gwen to hdam-woman given to man. WHY
not man gwen to womsnl Woman WAS re-
| ghrdeh 40 subsequent to man, and man In hil
| strength forced her weakness to conform he
being To the requirements o. his needs.
We, without compfchenhing the delicAt,
and sublime rciinements pr her nature, under
! take 70 say what she should be and what sh,
| u, aud hang her. Ingenious men lay her upoI
the disaoctihg table, aud with tho scalpel theI
cut her up aud Investigate her wonderful
physical nhke-upi but she escapes himi he
l"nlhino lie Is Htili n mystery. In this cas-,
let the Jurors beware lest not understAn nd InI
womAn's nature they do Injustice to woman
| so In this case the Jury must enter not onll
| the mysterious subject OF human life, but tb
inner mysteries OF womanhood as modified b
poor child.
The District Attorney had taken occasion Il
| dcnounee, with no delicate language, the pie
| OF insanity, lie was able and cloquent-elO
qucnt even when demanding the life OF thi
poor girl but he always prosccutes becsua
ut Is his duty" Mr. r. would DO bette
| pleased had the District Attorney first exam
guilty Of tho crime.
Mr.. Riddle then read = number OF extract
from authorities on medical jurisprudence II
| He did not seek to make n lodgment OF sym
patty In the hearts Of the Jury that II nigh
| cTyBtalllac into acquittal OF orimei they woul
rather show that the accused was guilty OF n
| crime under the law, He had volunteered Il
this case becAua he saw in the acouael IN