The New York herald., 1870-05-11
wnioh ! charge.

II the proof shows that ths mind Of ths aocassd was =
ne question ~. y, WY ~ . ESs: TX
Il: ss nS o
ias '''' wA'a' 'A' ''n'a'''n'' OF mao a'
which charge. t
But n regard 70 all the matters embraced ~ the
foregoing propositions to charge IL is proper 10 OBJ
serve that they are really rhetorical ampiacatlons
more Or less according TO different phases OF theory
down interpreting the phases or the statute state
OF sanity or insanity. The case differs somewhat from
had grown familiar with The wrongs that he alleges
to nave BEEN been done TO his marital relations
The defence claim that this very lapse OF time
gendered morbid fancies, and was likely to grow
easily Influenced to frenzy. The prosecution
claim that thus familiarity with alleged wrongs,
ssssS .ess uron s % Ssss
only the malice OF the law OF murder ana
utterly destroy ne idea Of insanity @ ssns a Inc
stances OF frenzy induced aOrdnte detct0 or by re-
cent communication Of dtshonor, or Of sudden
case OF conviction n tho courts OF this State under
analogous circumstances which has reached very
is the sanchez case The Court OF Appeals In tne
case OF Sanchez (22d New York R., p. lad thus
a. the Counsel sesss that the
homicide was committed by the prisoner IA an IN
sane frenzy. snperinduced BY jealousy awakened IN
MS mind In relation to his wies conugal inhdelity,
which would reduce the offence from murder 70
manslaughter, and that such theoy was
SSnan conanea 0nS t. the the % time and occasion Of the
homicide or within period so shortiy before,
that the Court could see that the passions & naa mo
ons TO each OF these witnesses related to an ndc-
finite period OF time between the prisoners marriage
and the homicde; and, therefore, II for no other rea-
son were clearly inadmisslble,u which leads me to
say that tas was in the minds ot the jury Ia tne Cole
case according to their yerlict the state oil insanity
ami the act or commission must concur Ill direct
point OF tme Ths IL the converse OF the weilaet-
lied rule in cases OF sane persons committing mnr.
derthat the design to kill may be conceived on the
instant Of killing. In Coles case the jury SAID
"We find the prisoner 10 have been sane at the mo.
ment before and the moment ater tie Killing, but
are in doubt to his sanity at the instant OF the
homicide" The doubt WIS given TO the prisoner,
because on that instant hinged tine issue.
You might conversely arrive at the conclusion that
the deceased may have been In state Of insanity at
periods prior to the moment OF killing, or was IN
state OF insanity shortly afierward, and you might
find him in state OF insanity at tho moment VI ne
shot-exercising perception to recognize the de-
ceased, exercising memory in recalling wrongs,
exercising will IN aiming the pistol and exercising
Judgment In going away-al OF which are questionS
for You 70 You S sa,s sasSs " ~ ssne I mimi
ut the time be Cred the shot, then becomes import
ant to consider the legal quality Of the act II you
himself with loaded pistol and sought out the de-
ceased and shot him upon grudge or malice.
sns rss sS s X hsns sn oadsa Ss
he shot deceased without intent or design to take
life, and IN the heat or passion, then i may & %
Technically described by the statute. murder-rrst
degrees the killing of q human being when not
OF mansaughter. and perpetrated with premedt
tated design to effect death.
TIM the st
Ing This rst shooting ts regarded by the prosecu.
ton as evidence Of malice or gludge or IN, ,wll aud
their manifestation by accused toward deceased,
and It Is an important circumstance for you 70
weight s
IS sScas Of s b. Sy
unless The x. them
fsioSnious - ''- ''' -
Which charge. esa
The proof b such as would ~ induce %
der an Indictment for that act.
Which charge.
II jury believe from all The evidence in the that
y they discard from their consideration altogether
Which charge.
fact .. ths defendant was mot prosseu.ss for that
crime al the time of its commission.
Which decline to charge.
To make the threats evidence OF malice for purpose
sane state OF mind.
Which charge.
To connect with the shooting of November 49, 1869
ous With ias lnisn. 70 execute ihsn when aud they m
shooting occurred in pursuance Of these threats.
Which decline to charge.
In passing upon the question Of whether TIM. act was
caty they may SUPPOSE he defendant to Se under in de-
Tending himself against Il from the lapse Of time sacc
ao Sssu vac y '''p''''' = ''''' 'A' ''
which decline to charge.
Asto the (aegcd shooting of March 49, 1857 it's only
against the defendant the present indictment
the principle that that shooting and that Of November 5
1862 occurred while the defendant was in sane state Of
mind.
Which charge.
1.-THE Jury believe that the act Of November 2s 1852 oo
s s a s z
ompitted in state Of sanity.
Which charge.
Eyea supposng the TO have threatened TO kill th
IN TO his bsn
on 20 by @ he sas ss ne sSo0ps % on h
insanity would still exempt him from legal responsibility
Which charge.
Under any circumstances the Jury must find that tn
threats and act question the mind
Which charge
Upon the point OF the seriousness Of the threats the jur
s @ oSas % 20 waS nn ey
the defendant arrested for then In oil law
Which decline TO charge
II the Jury believe that the threats umeaning an
uttered in state Of excitement anger without
intention Of executing Them and wholly as the result Of pas
ter of the homicide In question.
This would only modify their weight in evidence
but would not exclude them from the Jury.
| Experts have been called in this case. They ar
to be considered rather as mirrors with which mere
to reflect upon you their opinions. But you are TIN
sole Judges whether tho reflections are accurate
Sometimes the expert is an enthusiast; sometime
he is clever charlatan. In the one case even hi
good Judgment may be warped; in the other his wan
| or judgment may be sspeciously hidden Hence th
usefulness Of the jury as umpire. The exact line be
STP q fl9dcsi ti 1arspfadea Is Si 81 inIahsibe an
as dinicult to precisely measure as meridian IIn
in geography. But law and science In eacl
instance do the best they can to arbitrarily II,
1t for safety. Experts IN mental or moral philo
SOphy, as In geography can only describe and illus
trate. You arc the judges. Test for yourselves tn
phases and conditions Of sanity or insanity, or Tn
line between aversion, anger, rage, hatred wrath
vengeance upon one side. and the detnronement Q
| reason on the other We have all probably see
| manifestations OF the emotions and passions JUS
named. great philosopher has said .'No man
sane; that III every organization there is more O
| less Of adeviation from the normal condition Of tn
minq, as Tue Deity would sssI11 .". anger i,sS!l IS
| shoft-llved madness, Wrath Is longer lved ven
geance is SIN longer lived; but neither anger no
wroth nor vengeance, unless producing state Q
| insanity, wholly excuses crime. Hence, as phllosC
pners experts, jurors judges, counsel and layme
| might speculate wildly and blindy regarding TN
/