The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1869-05-14

1lcComaS was shot; was within two feet OF
the bar1room door, and saw all but the first
fire; heard the report of the pistol, and look
ed back and saw woman retreat from the
door she then advanced to the door and
fired the second time, wildly; by this time
McComas recled to the post when she came
on the porch I thought the woman was
crazy, and had escaped from some place, and
got out of the way for fear of being shot;
did not know who she was shooting at was
certain she was crazy from her manner was
told as / went home
State objected on the ground that witness
had no personal knowledge of the person he
saw upon which to justify his opinion. by.
POLITICAL facts are not evidence Of insanity.
Defence-Mr. Hutchins, have you seen
cases?
Attorney General--I object 10 those ques.
tons. No one but medical experts can give
an opinion upon hypothetical cases.
Defence-This Is not Hypothetical case.
1t is not necessary to have O medical man to
show the condition Of the mind. Anger, pas
sion, excitement will change the expression
of the countenance, and d man may have the
Judgment to form an opinion of the state Of
mind of person, as exhibited by his coun-
tenance. Amy person seeing the demeanor,
manner and appearance of party, can form
q judgment, AMI state his impressions of t.;
1t is for the jury to decide upon it.
Attorney Generality learned friend and
myself are at direct issue. The law requires
that a higher degree Of insanity should be
proved as an excuse for the crime of murder,
being the act Of God in taking away the rea-
son Of person. The Attorney General read
authorities to show that the mere opinion of
person not an expert could not be taken as
evidence that the law presuincs man to
be sane, until he be proven otherwise. Proof
Of insanity at the time of committing an net
ought to be clear as the proof that he wasnot
insane to prove him guilty.
Mr.. Archer (dcfence) said that there
were settled cases in which the State was
obliged 10 show the sanity Of the prisoner to
prove him guilty, as well as the defence to
show the prisoner insane at the time of the
occurrence. He argued that the evidence
sought to be brought forward was admissi.
Die, and read authority upon the subject.
Attorney General Jones replied to the do.
ness, unless expert, could give his opinion as
to the sanity or insanity Of party. A per-
son not an expert must have had some OPP
portunity of observing party's acts. Where
o party has been present and has witnessed
the conduct of party about whom he is
called upon to testify, the Court were OF
opinion that such party, it was clear, could
only testify as to the impressions made upon
his mind by the actions of the party he saw 4
1t is for the jury to weigh the evidence.
Examination of Mr.. Hutchins resumed on
the part of the State-Have known Miss
Cairnes by sight for twenty years; never
have been in her company nor conversed
with her; have seen her at Bethel Church,
and met her in the road; did not know who
it was until she turned to go awayi when the
,jo fbo,1 cha
did not know who she was shooting at until
after the first shot, when ! saw McComas
throw up his hand and say"Ohg' he then
staggered back to the post, around which he
got; another shot was fired, which went up
in the porch over head; then McComas
dropped; did not know who fired the frat
shot, nor at whom it was aimed; McComas'
eyes looked CLASSY, but witness did y 't'',s
he was shot; after the first shot she :, '''
and afterwards advanced and fired sr',i
shot, which witness thinks missed altcl ,Aa
third shot she was out on the porch; then
recognized her side face thought she was
deranged and got out Of the way; the other
two shots were aimed at McCouas as l saw,
one of which struck him; McComas fell be.
fore she fired the last two shots; her up.
pearance, &C., made him think she was era.
zy; if witness had known that afternoon the
relations between the parties, and all that
had transpired previous to the occurrence,
would still have thought she was crazy.
Examination in chief was here closed on
the part Of the defence.
By the State-James Wood was recalled
and testified substantially to the facts which
he related before, and added, that when she
came back into the dining room, he heard
Richard Cairnes say once or twice: Come
on here and get on your horse.
Joshua Jarrett recalled-Did not see Miss
Cairnes get on her horse; was asked by Rich.
ard Cairnes to go holac with her; Richard
did not go with her; did not see her ride of;
witness got on u horse and overlook her q
quarter Of mile from Jarrettsville: she ask.
cd me If the man was dead; told her he was;
she said, II told him would do 1t, and
done it !" when we reached her gate shetold
me to tell her brother Richard to come home.
witness had no horse; Richard Cairnes told
him to take George Andrew Cairnes'; he 10
cousin of Richard CaiYnes. 'DL
Mrs. Margaret Street, fecalled-was sitting
OFT the supper table when Miss Cairnes came
back; heard her brother say to her: Come
on, get on your horse and go home;' think
he said this twice; she appeared to put on
her riding skirt in hurry did not sec her
ride off
Charles Ayres sworn-Knew Miss Cairnes
well; live on the farm adjoining her mothers;
have known her for the last twenty five years
| have seen her at her mothers, at my own
house and elsewhere; have conversed with
her frequently; think she is 20 or 30 years OF
age; heard of Nee omas' death on the 10th OF
| April last; saw Miss Cairnes that night she
came to my house between sunset and dark;
supposed size had come from her home; she
| came on foot, witness suppOses; no one was
with her; she had a child IN her arms; wit
ness supposed it to be her child; 1t seemed
to be her child. Witness continued, when
she came in she spoke to me and 1 TO her. in
the usual manner; I asked her how she did
think she replied, II am WE'LL" didnot notice
any alteration in her fmanuer from what II
previously was; did not know anything Ind
happened; saw nothing different in her man.
ner; my family were passing In and out OF
the house; think my wife spoke to her; my
sons wife was in the room; my daughter-in-
! law and Miss Cairnes exchanged salutstions
as usual / asked Miss Cairnes some ques-
tons about her brother, who was building .
house, digging well, &C.; nothing appeared
to indicate~her insane; che was OF my house
about an hour, until about halfpast eight;
my youngest son came home from tho village
and told his mother what had happened, anu
then they told me; my wife Was very much
excited, and said the officers would SO 70
Mrs. Cairnes', and not finding her there would
come to our house and take her away; l sent
my son to request her mother to come and
take her away; in short time one OF her
4 b,otlnr, owl ca<,rra A ndraxv Gairne2 came