New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-05-07

the time of its commission. In passhg u tho iury
ton whether that act OF was not crln. ,%ny NAV
are to take into consideration the uliheuG b}mseif
suppose the defendant to be under IN occurred tho
disappearance dispersion or wt,e ,ss7 II T. only ey
nc e me defendant on the trial Of the present
indictment on the principle thas nnt INC defendant was
of November 25 1869, occurred while tno "'
II the ury believe that the act ofNov 25 1872 occurred
affected by the act Of March 49, 1867 even though tnat
latter act was committed IN stare vi SAINT u The de-
ceased am now about to speak Of the threats alleged
been made by TINS man, Even zen dGcased in con-
ycrsations occurring antecedent to his being sho on
Nov % lsG9if that act the shooting on ,nat Hy W1'
Il Would still exempt him from legal responsibility
To make the threats evidence OF mace mo or y
was in sane state of mind To connect them WIN Iho
SnSS Uttered OF fDx seriously with the intent
execute them when and as they were Parted nS
Of those threats Under any
cusance the jury must find that the threats ana ACT
In question were te result Oh SAM u, tha threats the Jury
are 10 consider the fact that those TO whom they were
made neither n0ea de aTeed for them in
OF law. If the jury believe that the threats
and anger without any intention Of executing them ana
wholly the result OF passion, they are hVt 70 ~ 20
garded in determining the character oi the ho'0 "
Now, il your Honor please in reference to the law OF
murder desire call the attention of the Court 10 tne
case of the People agt Mccain, in the 10th N r., oo,
6 g. g. and desire especially call your attention TO
that case aected or modified by Walter agt the People,
SD n Y r. 164 and A. that OF Forts ag tne %
to call your attention and that Of the jury to one paic
lar case which contains of the clearest on
t Of sGSo page OF in Trsi @
the subject Of insanity had sgceve ild tfs I
endowed understanding and liberty Of Will and is
and for the violation q that law which in respect Of
these great faculties he has the capacity 10 OBEY
Tho consent OF will Is what renders mans action cu
pable or otherwise so where there Is will to commit
an there can be no transaction committed 10 incur
this is the law Of ChiefJustce Hale that no man can
commit crime unless he has the command OF his own
will and will show to the Court and jury that the Court
of Appeals have decided that frenzy mere frenzy,
is ground Of Hale AS seeod i%e no
though he had understanding if he had no Will could
commit crime that ana VIII aa 10 com
the 10th n. " the beautiful proposition laid down 4y
e DEppos"n with cearness equal to BLACKSTONE
Avcous will without vicious act is no crime at ALL so
that the statute crime have first the vicious will,
and secondly, the unlawful act consequent upon the
Where there is no dscernment there s no choice and
where there is choice there Is act OF the will 1t is
unable to abstain from some particular action. VIII
and wrong applicable only to intellectual insanity.
will show your Honor that since As man is free from
he knew right from wrong or not he overborne by
impulse he could not controls he saw tho wrong, but
had no power to abstain from the act.
Does the Deity attach cupa9lty to- the act OF mere
machine and II is bereft OF reason what Is he but
mere machnef Is it possible that when the Bible
tells that sin is in the mind not in the act that hui
man Justice will this, make the crime dwell in the
act and not in the mind Are we not told IN the Bible
that there be no adultery but In the mindf 1t abb
surd to say that as Il you had sac that man Was Vas
Deity did not give him power enough To- stand up against
sanity Of the defendant and this among things
which will ask your Homer to charge to the 1ury should
time Of the commission Of the alleged act, if it also
leaves in doubt his sanity at that e he is entitled "
Though the evidence may leave the defense OF insanity
in doubt, it, upon the whole evidence In the case, the
ity the defendant at the the time Of the commission
Of the alleged act they bound to acqut him If the
at the time Of the commission Of the alleged act
whether at that time he sane or insane,
they bound to acqut him. If the jury entertain
reasonable doubt upon the evidence in the case as to the
guilt Of the defendant OF the crime alleged
against him, he is entitled to an acqutta.
If at the time that the prisoner committed the act
charged upon him Of he did commit D the deceased sud
expectation his part that he would then and there
ton Of the deceased with his real or fanoed troubles
thrown into state Of mind in which he was deprived OF
his memory and understas ding and miRd as to be
aware of the nature and consequences of the
he committed, OF to be unable to discriminate be
tween right and wrong in reference to that particular
act at the very time OF its commission he is entitled To
an acquttal. 49,
If at the time that the prisoner committed the act
charged upon him Of lie did commit it), the deceased
suddenly presented himself 10 him without any antici
patton expectation his part that he would then and
there the deceased, and the prisoner was from an
association OF the deceased with his real fancied
domestic troubles thrown into state OF excitement In
which he Invested OF reason and Judgment and was
deprived Of his mental power to an eTs4 % ing n
ticular charged against him, so that he could not
possibly restrain himself from the commission OF the act
alleged against him at the very time OF It's cOnnssiOn
he IL entitled to an acquittal. .
Your Honor will find that Lord Hale lays down the
point clearly that the question is not whether the man
insane before the commission OF the act but
whether he was insane at the very time OF the perpera
in that state in which the law held him incapable OF
reasoning upon what he did, or Of refranng from the
commission of the deed.
Although sanity is assumed TO be the normal state Of
the human mind when insanity is once proved to exist
it is presumed to exist until the presumption overcome
by contrary repelling evidence
If the jury believe that when the defendant was In
Nones's office he insane the presumption Of the law
is that he continued insane until the time OF the shooting
have done. Why did they not get the inmates of THE
TRIBUNE Office to that he was perfectly collected
and cool ana CAIN on the AFTERNOON VI Inc Zoth VI oNe
If particular insanity simply is shown the human
range extent of the disease can only be matter
of scientific conjecture or Judgment the jury have
right u whether the particular act charged upon the
defendant not an ampliicaton or extension
another phase of the disease, even though the tes
InOny may not go that length.
The jury Lave also a right from their own knowledge
Of human nature and the tendencies of the human mind
in addition 10 and conformation of the evidence OF
per say how far the causes relied upon to establish
Of the commission of his act adequate sufficient
TO produce insanity and did produce that result.
ference with mans marital relations or his paternal
rights taking away his wife child the jury have the
right judge Of the probability or the existence OF such
an affection from their and the known feelings of
others as husbands and fathers
mean in the OF remarks hereafter TO ask
this Jury whether If their bosos had been stuffed with
the perlous stuff which crowded the bosom of this I'M
fortunate prisoner they could have been anything else
than dcranged If the who had been the Of all
their trouble had suddenly appeared before them.
IN, POINTS CONCERNING INSANITY. Z,
II your Honor pleases will show you how insanity
may work upon the human mind. refer to the case of
The Queen a Pierce In 9th of Carr and Payne co., Ss
f. E. L. r. PSI. The prisoner was tried for felonous
assault with loaded pistol upon his wife. She did not