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

no aecurate conception and clear language could make IT,
In one place he sa M tSm' h when he could not
sst or II he had not sufficient usc OF Ms nod ~
troll the passions which prompted the act copne' o'
In another part hs charge no said from i must be
borne in mind that the moral well as the intellectual
faculties NAV be so divided by the disease To- deprive
the mind OF It's controlling and directing power - ~
or In Srder TO to know that the
commit IL wrong, 10 understand that IL ho oo 5auo
reason and will TO enable him to compare and choose
between the supposed ADVANTAGE or graae nptu
IN no ATTAINED by the criminal act ana the immunity
from punishment which he will secure by abstalnng
from it. II. the other hand he have not oaPa - h
enough to have criminal intent and burp3' ana hc bn
moral intellectual powers are so denciont ta' c |
not will Ss Of
tai disease his intellectual power IL Tor ts , a. nt
STntcf BE for NOT S@n nsip sss nOf anu
And il your Honor will so over this subject you VIII
intellectual insanity Is absurd when applied 10 percel
tona emotional, or voluntary insanity. -FOUR no ht
now we will have some power the law OF insanity
which had In Judge Edmnnds. He was tno mr 81
this state and he did 1t because when the right and
wrong discovered. fer had not been prevI
cepons emotions and the will could be diseased as dis
tinct from the intellect You will find that the putting
this right and wrong test to the jury nowadays Is IKE
asking a man TO wear the shoes he in his cradle
That principle made for insanity in Its infancy
coSerw and deveopmen of science why, them when
there three different orders of insanity Is tnac ess
S 70 Si hP Z prfeoty Irrational II to apply IT. this
language And itmust be borne in mind that the moral
"a well as intellectual faculties may be 80 dlsordereu
by to deprive the mind of its
Here is the opinion Of saw crime
must have memery and intelligence eQQpgh to know
tat a ,i that 4 he commits act he viii
be subject punishment, should have reason and VIII
posed advantage or gratiication be a criminal act
the immunity from punishment which he viii SECURE sSs
requisites Of mind at the time he shoots If that is the act
which Is charged upon him He must be able to rene
them lie must be able to the consequence OF
his doing not doing particular act and he must have
the power Of yOltion, which is the soul aud aniatng
principle Of all criminal action. Upon any other principle
than that aSg P ne s amy an
she has Intelligence and capacity to have criminal IN
and st. and aS aea as a ap 10
not sufficient will controlling mental power; or II,
time obliteraed he is not responsible moral agent and
is not punishable for criminal acts desire now your
Freeman This prisoner sent to the State Prison at
Auburn for DEMONSTRATING. He was perfectly innocent,
Instituted several suits against individuals obtain
compensation Not succeeding in this. he concluded
that he must commence killing, and accordingly began
with the family OF Mr. Donnely, who resided about
four miles from auburn He killed four so in tina.
ing Court of Oyer and Termner and the fearful char
he. rendered his conviction foregone conclusion.
He tried in July, 1876, and convicted of mu ler he
II seward. xsecretary of State Many will remember
the bitter feeling against the prisoner and against Mr.
seward, also, for engaging in his defense. He was
negro and his victims white The defense that
he idiot or insane. The case was carried on
pending trial in August, lsi7, the prisoner died
on examination Of his brain, although the doctors
which clearly shows that the condition OF the brain
not to be reached while the man alive ana IL Is also
proved that this man was unaccolntaPio Ior tng CON-
mission OF this act An honest lny had sc pro
against him account Of his color.
Judge Bcardsley holds that the act OF in state
Gs to the Of insanity in to which
act renders him amcnable lie rather condemns thc
Your Honor will perceive that-the test OF right and
wrong tho abstract He rather condemns this sub
deprive the party charged with crime of the use OF
in regard the act dome Partial mi nv S aS
jurist who claims the party irresponsible Tor an insane
ae M SSs, no Commit nSi am insane ac
though his act may be beyond the scope OF Ills insanity
an mS sa: act IhG and act not tn the act t%'H must
man, 10 insure his acIuittal." You will per
case for # the jury believe that the shooting Of Rich
by McFaad the afternoon Of the 18th Of No
responsible and it would necessarily follow that because
he was insane some subjects that he was insane with
sane a. TO this act and sane on other sub
ees that could not deprys, him Of his right TO IRE TeSpon
was tried at Albany in 1863 On the first trial before JUS
tce Ingrabam the jury disagreed hut on the second trial
they acquitted him. cite the authority Of justice ioge
boom in this case Your Honor Will remember that Cole
Assembly this state. Hiscock destroyed the wife OF
Cole, who officer in the army OF the United states
during the and some days before he met scock NJ
stanwix Hall his wife had communicated TO him the fact
OF her dshonor. He met him. and drawing pistol shot
cock rendered him irresponsible for his act at the
time he shot hmwhether the operation Of the presence
to render him unaecounable for what he did Justice
Hogeboon refers to the facts in the case thus: . The
allegations, line of allegations, that his wife made TO
the prisoner did not prove his iicock adultery The
indictment permitted not rs furnishing evidence OF
he themselves,
crate on his mind and influence his conduct and to en-
Bile You in the light of subsequent events judge how
far they did so operate, and to determine to
these facts calculated to explain and to
mitigate the homicide subsequently committed. Again.
he says In this the adulteIer if adulterer he was
was detected by the husband in the commission Of
the crime, under circumstances, so far as the ey
dence discoaes, which shows that it was recently per-
petratod The period OF adultery was long since passed.
the knowledge of its commission had been communicated
to the prisoner at least two three days before and
sufficient time in the Judgment OF the law had elapsed
for reason so far to regain her sway as to forbid midi
vdual vengeance and TO pronounce the act OF prened
taed killing crime OF murder True 1t Is however, IT,
this domestic tragedy had driven the prisoners mind
to absolute distraction ana oYcr1rOwn the reason OF
punishment in mental alienation"
Now, Honor it would seem that the desertiOn OF
this from her husband, and her almost notorious
cohabation with Richardson from the deserton down
to this time, is not the only maddenng cause In this
but that he was principally maddened by the fact
that they still had possession of one of his sons and II
they carried out their programme In reference To that
fetal parent, RchardsOn-they would remove from him
the name of his natural father and put upon his head the
OF father chosen by his wife II the dstrac-
ton consequent upon tine inability TO discover whether
they could not also place his next beyond his reach
which revived and terminated those previous causes,
and gave them freshness "a though they had just
occurred Notwithstanding they had occurred two or
three years before.
Now, Justice Hogeboom further, in hs charge, in
abiding 10 Mr.. Coles mental alienation at the time OF
the shooting, language which have embodied in
request and which after read passages from
the report, Will read to Honor mir. Bradywhose
name can never he mentioned by any without the