New-York tribune., 1870-05-07
THE MCFARLAND TRIAL.


The deceased and the prisoner from an association
of the deceased with his real fanced domestic troubles
thrown into state OF mind in which he deprived OF
% s memory ana nderstanding SO as 10 ee una nna%ae M o
committed to he unable to discriminate between right
ame Of is commission he it entitled to acquttal.
at the time the prisoner committed the act charged
presented himself him without any anticipation or
expectation his part that he would then and there see
deceased with his ancied domestic troubles
thrown into state OF excitement in which he was di
vested of his and Judgment and was deprived OF
his mental power to extent placing him beyond the
range Of secontrol in reference 10 the particular act
charged against him, that he could not possibly re-
strain himself from the commission OF the act alleged
against him at e time Of its commission he is en-
Although sanity is assumed to be the normal state Of
It is presumed to exist until the presumption is
come by contrary or rePelling evidence. ~, -,
mind not the subject Of inspection examination
and the range extent of the disease can only he
matter Of scientific conjecture or Judgment the Jury
have right TO say whether the particular act charged
upon the defendant was or WAS not an aplhcatOn OF
extension OF another phase OF the disease even though
the testimony may not 10 that length. Dean Med Jur,
The jury have the right, their knowledge of
human and the tendencies Of the human mind in
pers TO say how far the causes relied upon establish
ireSponshiy ON the part Of the defendant AT Iae @ tae
cent TO produce insanity, and did cause that result
Where the of insanity is alleged to he an inter,
ference with mans marital relations or his paterna
rights in taking away his wife or child M g Jury afe a sc 1s
an affection from their own and the known feelings of
Others as husbands and as fathers II the jury believe
that AT the very time of the commission Of the act
alleged against him. from causes operating ior ,i GoSH
occurring The defendant was mentally unconscious OF
the nature of the act II TGn fSr ne TI m nc "
If the dcfendant Was deprived his reason at the time
the act alleged against him was committed resulting
either nom settled and wellestabshed mental aeua
ton or from the pressure and overpowerng weight OF
irresponsible for what he did. ud.l
If the jury believe that when the deceased entered TIP
h. Il
defendant him, and that, after he entered the
defendant moved to the commission of the act al
legged against him by the sudden access and irresistible
pressure Of excited and overwhelming passion reused ny
the sudden and expected sight of the destroyer OF ms
domestic peace, him whom he supposed 10 be such,
dethronng his reason, and pressing him to the com
mission Of this under the influence OF an uncoVorI
nable frenzy unsettng for the time his faculties and
enthronng insanity their place, he is not responsible
II from the whole evidence the Jury believe that the
defendant committed the act but at the time OF dong so
was under the influence of a diseased mind and was
really unconscious that he was committing crime he Is
If the jury believe that for any predsp0Sing cause the
ing deceased he became mentally incapable OF
governing himself in reference TO deceased and AT the
iime of his committing said actions was by reason of
such cause unconscious that he was committing crime
the deceased he is not guilty OF any oense what
"if some controlling disease in truth the acting
power within him Uhe prsOner which he could not re-
sst OF if he had sufficient of his TO con
he is not "-IKlems Edm Sci Cas- l9
And II must borne in mind that the moral as well
as the intellectual faculties be so dsordered by the
disease odeRrve the mind OF its controlling ana direct
In order. then to constitute crime must have
memory and intelligence TO know that the act he Is about
commit is wrong, 10 remember and understand that
he the act he will be subject TO punishment, ana
tween the supposed advantage or Justification to be
obtained by the criminal act and the immunity from
II, the other hand, he have not Intelligence ana
capacity enough to have criminal intent ana puTlose
he has not sufficient will, conscience, or controlling
mental power or IT, through the overwhelming violence
of uti disease his intellectual powers the
obterated lie is not responsible moral agent, and Is
III the Jury believe the evidence that previous up
TO- the time of the homicide in question: the pris
thought OF believed that his wife and the deceased
either Of them, were or was watching hun with view
PsS hST 10 take Rs s prooeed IS ms to deprive
cf that the first opportunity that offered, and
helpless against such proceedings and he would lose
that that this unwarranted and unsound de
fusion the part of the prisoner that thereafter and
tbot snch dension and disease Increased i'm in
tensity until the prisoner became, and remained
subject TO great, causeless, and violent renzies and
parox ysIns rage, in which his power OF distinguishing
whether he committing a crime not, for the
time destroyed superseded and that the act charged
upon him was committed while III such paroXySlu, and
while such power OF distinguishing was destroyed or su-
perseded, he is not responsible legally for that act.
II the jury believe from the evidence that while the
prisoner in such paroxysm as described in the
last proposition he committed the act charged upon him.
at the time thereof being entirely dyested Of all mental
control his actions and mental viii or conscience or
the capacity 10 exercise will conscience in reference
his conduct far the deceased concerned and
against the deceased he is not responsible, legally,
Distinguishing between right and wrong in reference to
If the jury believe from the evidence that previous mp
TO- and at the time Of the homicide in question the prs
oner thought or believed that his wife actually loved
him. and would left him but the persuasion
of the deceased and females acting in his ntrestthat
she was willing to return and would have returned to
him hut for this cause-that this uuwaIranted
and unsOund deuSOn the part Of the prisonerthat
thereafter, and in consequence thereof, his mind he
came aud continued dseased-that such delusOn and
disease increased in intensity unti the prisoner became
aud remained subject TO great caUseless ana Vo
lent frcnzes and Of rage, in which his power
of disting gushing whether he committing crime or
not was for The time destroyed or suspended and that
the act charged upon him was committed while Ill such
parOXysm and while such power Of Distinguishing
destroyed or superseded, he is not responsible legally,
for that act.
prisoner ia such parOXysm as is described in the
last proposition he committed the act charged upon lin
control his actions, and without Will conscience,
capacity to exercise Will rcOnsccuce III reference
conduct, far the deceased was concerned and
against the deceased, he II not responsible legally for
the act even though he was al the time capable of dis
tinguishng between right ana wrong IN reference TO
That to make the prisoner responsible for the act
charged upon him. the jury must only satisfied
that aware what he did at the time of doing IT,
but that he not morally insane III reference TO the
deceased or the act which he is charged with perpe
trating upon the deceased.
charged upon him. he must have been intellectually and
morally in reference TO that act and the deceased at
the time Of its commission.
That the law holds none responsible for his act when
the mind diseased at the time OF the act to
be without reason, conscience aud WILL and where from
such the party accused was an involuntary nstru
inent OF such dse,ise ana incapable vi ieidmhe from
The accused must have sufficient mental capacity TO
dist Agush between right and wrong applied 10 the
Is about to commit and to he conscious that the
act is before he can he convicted OF crime
Rogers Case
10 constitute a crime the accused must be acted upon
by moticeS and goUcracd by rui.-lIbl
To convict a person Of crime he must have memory
and Intelligence, TO know that the act he IS about to
commit wrong TO remember and understand that If he
commits the act he will be subject TO punishment and
and skill TO enable him 10 compare and choose
between the supposed advantage qualification to be