The New York herald., 1870-04-28
HERALD THURSDAY APRIL 1 ls7o-TRlpLE SHEET

can batter down the defence or insanity
trust your Honor VIII give 'ns ,sey ssst,,., ,y,,,
swing back upon the r hinges. that they may enter
and exhaust OIL The proof tuey can produce. but 20
try TO dig down tins mountain or proof by getihl In
some isoa ed matters tlat instead or strk' ng nome
TO conviction, excite pre- udces and BIAS ana
which oltentimes overwbeln tne mos consc'en,ous %
Judgmentaganst th,s 10 s my vnuty to take st'tnd
mere AMI 10 ask your HonOr 10 in erpose ana arrest
them.
RULING or THE CoURr-rHE QUESTION ADMITTED.
Ihe Court ON rlling on the question said:-lt u
emineniy proper mat the Court, In considering and
ncternlnlnR The question, should not lose siynt VI
the question out Of which this discussion has arisen
me question proposed by the District Attorney Is,
about hie shooting, and IL so, state itY' Oh
Jectlon TO THIS is mate by counsel for the
howavar rasnone,vo s'yu"" aii' ,ne ans"ci,
matter which should have been given 10 the Jury nv
the prosecution before going into the defence. But
IL was Impossible for the prosecution TO have fore
seen what would be the specific character OF tue de-
fence. IL was not known TO the Court and IL must
be assumed that II could not have been known To
anybody but the counsel Tor the defence themse
IL was only In umbent on the prosecution that they
should establish az they did the mere nsta nces
OF the killing. cannot conceive II was the duty Of
the District Attorney 20 go further than present the
facts which, In his views supported the counts In the
the normal condition OF all mems mmls TO be sane.
Here the defence OF insanity II interposed, and IN
order 10 sustain th,t plea OF insanity evidence Is ad
duced by various partes-eighty-one Witnesses in
ALL the gre itest portion of whom have been called
t0 testify to tile acts c0nvers ltiOns manner ami
appearance Of the prisoner more particularly for the
last three or four years u being c0ntended by
sci for the lie eace that this deendln mt has
hereditary taint of insanity which insanity was
slperinduced by domestic affiictons through which
he has ahore1 Tor the past few years. That is the
pre- sent position OF the case. Now, tr the plea OF
not guilty ha been MGR iy pvt IN by the defsnce TO
this Indictment then the trial would have proceeded
aud II woald have been tne duty OF the Distrc At
t0rney to show everything to sustain the killiag,
assuming the ground OF tn delelce TO be
just liable homicide In sefdeIence or any OF
the various defencss that might be inerpo ed
under that plea But It was not nee assar 2
for the defence 10 nterpOse the plea OF insanity, bat
they have done 30 In this case, and they have en-
deavored Go support 1t for the last ten days by the
position and the various acts extending over the
greater portion of this mans life If 1t be compe-
tent on the part OF the defence t. show
these facts, to show the insane condition. a.
is claimed, Of the mind OF this man dur
ing all this time and to b. illustrated
and exemplifed by conversations with women,
with commissioners, with doctors and others,
is IL n0 fair and just that The prosecution should he
permitted to give IN evidence conversations had
with other persons, which, In the opinion Of the
prosecution, would tena to show that this mans
mind was In sane condition at the time the offence
was cOmmi'tedY am lree 10 say that were the on.
guilty would no permit ar this time the evidence
now offered In the cae. But believe am entirely
justified in permtn- the testimony. and nv con-
scientious conviction l. that the question Is proper
and should he answered.
Exception taken,
II beng past four O'Clock tho ccurt adjourned
TILL eleven O'Clock this morning.