The sun. [volume] (New York [N.Y.]) 1833-1916, 1870-05-07

thpt fte jury found that the shooting on the 18th
e Noyember 1859, was done by an insane man then
tset the shooting Of March 10 must be eliminated al
verdict.
Also that the same principles applied to the
threats alleged TO have been made by the prisoner to
shoot the deceased.
Mr.. Graham stated the PRINCIPLES governing these
Mr. Graham also askei the Court to charge. in
People Against Mccain, in the 10Th New York Re
ports page g. that "thc malicious purpose, the dc.
viii must however actually exist !" in other Words,
tho Jury ore 70 be told that before they csa
OF lie pistol he had malicious purpose that his
heart was inhabited by deprayitv, with SUFFICIENT
amount Of understanding and will to make him con-
scious Of what he was doing.
Also, Mr. Graham called attention 70 tho fac, that
the Court Of Appeals, in tie same case hau neia
that II there was any evidence TO sustain
THE pErEScE OF INSANITY,
that II amaluamateI Will, tho whole case, and must
be disproved by the prosecution. lS,hsiuon.l 49,,
This Tue prosecuton had attempted u s case PM ~
numoc w'9 %e IKE sr Scsrcs essI
nesses, DR.. Hammond and Dr. Vance among them' TINT
proved insanity beyond doubt.
Mr.. Graham ncxt entered uron an elaborate and
profound analysis Of insanity, quoting Lord Hale and
Blackstone TO sustain his positions.
Lord Hale laws down the point that the question V
not whether The accused insane Inst eore or Just
81 ST SSs y he War Hs SsFS Ts
unaccountabo for what he did: Again, When
iiq on thar Rsov'a son, HSii G Exists
in,"n S' in Ncncss once. The .pre;nmpion q
sSss sno tSn nf The was Jury l"' ssse &
@ he S%a nina IN nGGon o and o
Of the evidence OF cxncrt to say how far he causes
he SeenG a Y at i he c Of The oo%mi,On Of the act
were sufficient TO produce. or cause as result,
INSANITY.
And counsel meant 20 apneai to thu Jurors whether
ihey could he other hsn anged q after three years
OF such troubles as the prisoner had suffered tcY SUD
their peace. e. nsaiion.l
To show tho singular WORKINGS Of INSANITY. Mr..
Graham alluded tothe case Of Tho Queen ret ie1rcc,
ninth Darlington and Payne, tried in $50. Pearee
attempted
TO AssAssISArE QUEEN VICTORIA.
His counsel opened the defence upon the plea Of
insanity. which the prisoner repudiated In oren
court, continually fought his own counsel. and In.
sisted having witt called TO prove u sanity.
Also to tie case Of oxford, indicted for shooting i
the Queen. Och Carrugton and Payne, b25; tried In
1870. This defendant had provided himself with
Finally, on tile Sd OF June, he bought
SOME COPPER cars,
inquired where he could 1nd bucIs and, as tho
Queen was riding past him, be deliberately hrel AZ
her twice When seized lie exclaimed, 1t was
me; did It; surrender mvsclf;" and when taken
10 tue station house he inquired II the Queen was
hurt, and Acknowledged there were bullets In tho
PISTOL and, on sclrchng his rocke's, there wcro
found papers showing an imaginary reasonable or
ranizo,ion. Yet he was acquitted On the GROUND OF
insanity.
Tadneld who cndeavo-ed 70 shoot George the Third,
AMI Norton. WHO thought to shoot sir ooeTt Feel Dut
fnsshy SeS both eSiSta1 eStrsor
s pes Sonds Df ofd Dennsa
holds that Law pcofle (Which includes Mr. Nones ma
JUICE Of voltlonai 81 emotional insanity IS Dr. Ham
mld IL dseled az he time Of he cemm.ion nor Of
Srons act, ~ Il ground OF exonerat9l, Your Honor
and executes II ON the spot. he Is
TO co TO THE GALLONS
for executing that intention. WHY does not the rule
me soot, way is not that ground OF exOneratiOn
greatest system or human %sdon ever given TO tRs
dn nay qSss no. 6o rae he 1 hns
rsht to set up bis agSinst hs Srm.nsily:
act and the slayer il not responsible And. now.
RICHARDSON MADE THIS PRISONER DRUNK,
and he slew Richardson. why should he be held the
penalty Of his life for his rresuonbiity7 The man who
and maddens and frenzcs him. ousGt TO be eompeiei
g take the conseqrences q what he does Mct srlaad
combination who unveiled and exhibited in the evil
Mr.. Graham then referred to the case OF Amelia
Normln, indicted In the Court OF General Sessions
n 1856, Tor assault WIN inter 70 XII. me ladies'
bic interest
The facts were, that Amelia Norman had been led
asray tya man who deserted heI a'er nc had RUNE
her and who appeared DC ermined 70 turn her over to
the hie Nhlch amot iheNtAp,y awaits islicn wo-
man shs was Wnnng 70 give MN up put wanied
sone nhshIlhc, from NM 70 ttl hsi IN Iespecthole
NE ne leiustl h,hougn sne lteu 20 tolteh nun IN
every way she tuftenaersd hersrI 70 ahso.ut de-
SPAR, anu IN moment OF frenzy, rs NJ was elterlns
ne Asi9r House to take m; dinner she apotoache
MN on we steo apeing 10 MN IN pteous tones ana
PLUNGED KNIFE ~ HIS BREAST,
which nearly took his lie. she was trlel and &C
Quilted on TIE ground OF moral insanity and when the
verdict was rendered the air was rent with cheers loud
enough 20 be heard blocks away nom The Court room
Ny brother, now In his grave, WAS Amelia Norman 4
counsel the Ceience was moral insanity. bN not ph
seSs cd~ e1Hel 70 prorsh S Idct Vds er 10 he com
sis eas XensST ,rhep, h. iafSS ,rSs Ssed Nor WI.
evidence uron that point called In hc sckles case but
twas lelt 70 the
| So"Ao' sh"sA VI rus JIM
whether man could be other than renzed unde
| the PROPAGATION.
| You do not want doctors gentlemen Of the Jury, o
anvhofy else. TO tel Won how yol would iccl n yoI
went 1mc tins day. ana found your moral household
| IN ruin. I~eusaton1 A tear mot-c1s the pub IL
| eve when structure built by nans hands fall
and hnries It's inmates how much greater Is the caam
| ity whom
'"H "'"NH "''S1"''D 'Nhi'
Mr. Graham then referred 10 tho opinion OF Judge
lmonds in inc case of Klein Indicted for sottiny
d,a 10 a bnnsa nj lao,,n,, a u,nn,sn in A. iii shr
~ "a bnrreI 20 doa, s'Pi"s woman :" ~ WI e"'
| Wa, ouncu 70 u.'tn. 81.