New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-05-11
,o.d advantage or rr.ssc,on 10 b o,s,. By ~ nss 81 -
tbe Immunity rom wbS he viii sess BY sessahns ""s

which charge. .uo,, ,,sx
no cow, s % ns. bin distinguish .'
ee 70 ga5d 70 'Ie p'toa aoO % S ss !,
The proof The mind Of The aoc,i Va. IN S',' -
on.oand t1e ,ze vii =, -sss, s de- f .os
AM gr eatj ssd whekr The p,orr ~ eonrnitg Ne
WAS not the ac, yoansy sge bvosn set Of The Aes
| wAopi be concurrence Of Iih iaireetiDgit
E1t in regard to all the matters embraced IN the fore
going propositions TO charge 1t proper 10 observe as
they really rhetorical Implications, lnofn " Iess
according to different phases Of theory or cyideD.e Oh
The phrase oil the statute state OF sanity or INSANITY
THIS daers somewhat from ali those cted ~ ono
wrongs that he alleges TO have been done 10 bis martial
relations by the eyeaIed hsaIs Se dn
claim that this very lapse Of tine engehdSsd notpr
To- iecet state of mind easily influenced 10 frenzy The
prosecution claim that this familiarity VITA ALLEGED
wrongs, and indeed, acquiescencc in them and TO 'oe
extent traffic king upon thom beSOt only tbe mai." OF
the law Of murder, and utterly destroy the idea oi i
sanity think all the cases cited are OF htst ,.
quitts under circumstances of frenzy p.V's
desto or by recent ~ % The oy
case of conviction In the courts OF TINS $40, naar
thOritaye discussion, as have been abo 10 b 10 mo
York r. D. ili) thus says: Assuming the theory ~
the defense to have been, as the prisoners een-" az
in IN msanc frenzy supcrinduced by eaon,y aTahehed
in is mind in relation 10 his wifos conJuga L'hdety-
ubieh rouid reduce ne ogense from murder u man
sauJhtr-and that such theory wa' sound one, mo
inquiry should conned O. tho time and ooca-
of tine homicide within period so shorty before.
that the Court could that the passions had hot or
each Of these witnesses indefinite period OF
time between the prisoners marriage and tue de'
and therefore, for other reason, wero clearly la mis-
sble' which leads TO Gay that as was IN the minds
the stat OF insanity and the Of commission must
in direct point Of time. Tbs Is the converse OF
the welseted rIe In cases Of sane persons committing
murderthat the design 10 Kill may De conceived On tho
instant Of killing In Coles case the jury said: ,
4 fndf be tn laV he sau A
before and tine moment after tho killing but are III doubt
as to his sanity at the instant 81 ta9 ON s
hinged the ISSUE You might e2nvsriey arrive az te
insanity periods prior 10 the nomcI killing. or wa.
in state OF insanity shortly afteIward aLd y3n lsIt
exercising perception to recosze the o. Jcla,, ser
aiming the pistol and exercising judgment II gong
| away-al ofwhch are questions Tor you 10 decrn ne
II you shall arrive 1T the conclusion tAat tie accused
was in state Of sane mind at tle ne hc iled t.t -i,
then 10 becomes important 10 CONSIDER u. lrE" y'y
accused armed himself with loadad pistol, aud sought
the deceased and shot him upon gfuiSe OF IL
tending 10 KILL he is guilty OF murder IN thc nl.t 'see
| H. having loaded pistol, ne shOt deceased WtAodt
intent design to take lie and la the heat 81 paSso
then IL NAV either mansdugter Ia the tEri or iohfh
| decree Technically described by tie statue lnuner
rrst degree is the killing Of human 9iAs, W1eh hos
| usifabe excusabc, nor coming under the AnId %
inansaugit,r. and peIpetrated with a prenedated
r TIN to charge certain propositions respecting
the first shooting. Tbs first shooting Is regarded 10y we
and their manifestation by accused toward deceased.
and it i. important crcqmatance Tor you TO Ne5n
AS to the a1c shooting OF tie deceased BY IL - .iut n
Msrh 49, IN he sien BY The jury as eafi d als
! Doubt sloo .ls vas ie!oaoO-
To 40 tb lie n5f mrs. he ssh ro-ll a'rce the lry iaia
verdict against leen.Ht be Vas on 'r under AZ indictment r
rom ~ i , syt y a, IL e, &C.; : 10 . &C. Il;
| from thcir cons ierltoH altogether
TIE &c, in' 20, Yssi.so,s s 9, =, r.. ,
Which decline to charge. ,.-.,
have to be while tie lei uihi s-E STATE Of mn
To toa" them Nth the shooting IS 1852 ne rus, tai
h Uttered Eo9}t Eh ne na. %
sni hs that shooting occurred pursuance Of ,h''e threats
S Dsaf S @sS' In q TS i whether e
a. Jazz ,s 6 70 s p 5G IN saSg himself agls. IT, oH s. se
Of occurred the disappearance or dispersion o. ~-e'a
whIch decline TO charge, v.,, =, ,. o.,, .,,.,..
A. 20 ,lg s ,.. On a s Sr 81 Ah NJ o. he a bat IL.
6cos and 5 @ occurred While tie iie3n' "n
| in saae state Of mind
Which charge. - , -, .. ,,ea , .,.
.h def sg r a YES IN se Of ls.nt By d.
Mrb 5 i6 though that act committed state Of sanity
Even .apfo.ar tie defendant have threatened to Li the tees
I5t-f hat THE .leong a. tl Va Lessi By ne &c;
fenln, While state oi Insanity would SUI eraP Sn IRON ss
Fe,Ih9 SSinh z Ycbo-,o
qu sIon we're rcsait Of sane mai
IRON the point Of the seriousness threats jury consider
the Ect that ey made EeheI bottled he ieA.d
Which decline to charge.
The ur believe threats unmeanrg ani uttered
saeo excitement anger without intention Of eIeeurg them
n mir rsi The character Of the honicile que.'o
This would only modify their weight In evidence, but
would exclude them from the Jury.
Experts have been called in this case. They are 10 10
con sdered rather mirrors with which merely TO reflect
upon you their opinions But You are the sole judges
whether the reflections are accurate Sometimes the *
pert is an enthusiast sometimes he is clever charatan
In the his good judgment may ee warped
other his want OF Judgment may he specousy i
den. Hence the usefulness OF the jury a. unwTr Ihe
exact line between sanity and insanity in medical hilos
ophy medical Jurisprudence is as intangible aud rs
raphy But law and science in each instance does tie
best 1t arbitrarily fix them for safety Experts IN
mental or moral philosophy as y IN syGy can a Sy
Test for yourselves the phases ard conditions
aversion, anger, rage hatred, wrath, vengeance
one side. and the reinforcement OF reason upon the
other We have all probably seen 81 mo
emotions and passions just named great philoso-
pher has said mo man y sane " Ihat n every
organization there more or less OF deviation rom loo
normal condition OF the mind as the Deity would nave
it, Anger itself is shotyed iH"6 With rs
anger, nor wrath, nor vengeance, unless producing
philosophers, experts Jurors counsel ald layinsn
might speculate Wildly and bindly resard oi tns
criminal act, the law has come u define II rs Wei ~ II
and leave the application in particular cases to the
the testimony ! viii hear read from Wharton eties
Medical Jurisprudence section us; ,-...-
4nc eSF IL /, mHr,n to know exactly the precise character.
be aigtle tat We are ursle 70 P9 ont the Pe ss Pss e'
tween acting gaf re npse 81 TIE Ps'Sas an one urge,
SH .aei sy anger tornenia y an aaoni;c love Ss BY
Jealousy oecone by depa BUNDLED by terror Or eopea y q.
MAJ longer himself asecs, his llei, are
o ii. AnoSle Of Tie reaol ags be may eIg;efi.e b,
set, us set il perc Vel mO'ye sanity or e,.
niepcnieut Of the that iue,d ~ Il essss Of 'i he lS: