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

kind OF ailfnent Jndt S not ehslly
that is the kind OF reflection which, when once enters
nto the human mind is never to be satisfied and never
growing until culmnatss o Ju,s sno itS
gentleman who an expert IN matter IKE tns, nS
said it his experience that when INSANITY clisdd
upon them: and strange as II may appear, thef IN
sanity remained, they became perfectly harmless; De
cause In the absence OF the individual through ~hom
that condition was produced they were Just a. harmless
as they were rational and that was one OF the
disease expended itself in what correspondent to the
which produced the disease the death OF e per
son he had wronged the individual who was laDoflhg
from the disease though on particular subject he was
insane nevertheless for every other PURPOSE was 70 oe
taken ~ perfectly harmless. Justice HogeDoon also
uses this language to the jury, and have acconinoded
It to this case: "n the 'defendant was deprived
him was committed resulting either from a set
ted and well established mental alienation, or from
the pressure and overpowerng weight OF the circnn-
stances occurring the time he Is legally irresponsible
for what he did" In the case of Cole, II was seeing
Hscock tho first time after he knew OF his having as
bonored his wife, In this it was Richardson rushing
upon this when he was in an insane moo1' grown3
out OF his anxiety in reference to the future OF MS neK
son Although Of course the which produced the
staying certainly produced by a SanS 81
OF Richardson his appearance they all freshenel ana
rushed into his mind with renewed forse. ny on "
have stated in my request to the Court is the substu,
ton OF the words "fRIBUSE office" for "stanwix Hall.
the Jury believe hat when tn9 20 zee tbe defend
ant nor the defendant him land there is no evidence hat
he expected TO Rchardson ON the contrary ne was
there at one time in the morning, inguirng for Mr SIN
clair and il he had him, that interview might nave
allayed his distraction, ard he would not have gone
not ony no. evidence Eat Mcfarland expected to ind
Richardson in THE TRIBUNE office, but there Is no ev
dence that the inmates OF that Office expected MN tnere
at the time And my solution OF the is this-that
whenever Richardson met Mcfarland before Hekarana
could and did control himself, and went out OF MS way
and that this particular occasion he IN @
and when he was entirely ro Sgy4 tho
facts that other occasions Mcfarland was ran9na
the fate of auuItererS ulrecIeu
this man Richardson on that occasion INTO CONTACT
this prisoner at the time when ne was Va nts
ment for the execution of Divine or heavenly
that he Sa 1St s1BBS H at the
appearance of the destroyer OF his domesuc peace he
memory of his great wrongs rushed Nun fbs
that ungoyernable frenzy IN which he committed tae
act Justice Hogcboom says thai wbsR persons facql,
their place he il not responsible for his acts . .
In the Of The People ag Willis an ane authority
while in such state Of mind TO know that the deed
morally wrong he was responsec let IL oe @
taon of that term depended important issue in this
case For instance it is wrong to disobey Corporation
walk Int there Ia nothing in the violation OF that law
to indicate that the man may be insane BUT wat Is
iury as the ability OF man to be able to distinguish be-
tween right and wrong from his disobedience OF Ger
Who can distinguish between right and wrong, without
being insane, be convicted The jury might have SAID
that IL the prisoner, when he killed the deceased,
was In such Of mind as to know the deed was UNI
lawful Yet, under certain circumstances he may he so
carried away by ungovernable feelings, such as pro
duced insanity in the mind Of tho prisoner, as 10 be
wholly irresponsible for his actions; ] Will now refer
learned prosecuting officer, which recognizes the very
form of insanity that Dr. Hammond set forth In his eD
of Keyes ga, you will perceive we have the test OF
frenzy Wagner was tried in this court and Recorder
on that trial In his charge TO the jury he Delivered the
following singulary able instructions Egery man rs
reason 10 be responsible for his acts. When question
OF insanity is presented on the evidence the prisoner
entitled TO the benefit OF any doubt which arises on the
question; that H. the jury must be satisfied be-
You'd ali reasonable doubt that he was vas,a sane
the principle OF McCann which cannot be departed FROM
If the counsel for the prisoner goes to work ana miro
that insanity becomes part of the whole case put II II
clearly established, and doubt exists as to the cona
Recorder further says But II the jury are satisfied be-
you'd doubt that the prisoner knew the nature OF inc
BILE" What noble charge this is! -" have been re-
qgesSd to eharge y0a h2t m TsnT bs caEn9
be convicted OF murder in the first degree, l not
only charge that 0nT Of ' ANN o
tense" Now, the learned Distrct-Attorney has over
looked that Chief Justice Hunt, while he compliments
the decisions OF Mr.. Hoffman in that decision and every
Judge OF the Court Of Appeals eight OF them In number
say that man commits an act IN moment OF irehzy
Now heres high authority, not only on account OF
its being decision in the Court Of Appeals but on ac
count Of being cited in all the courts OF this State La
the Of Ferris decided III March, 1906 Wagners case
decided in June 1860 the following term your honor
will perceive this law h rs been strictly observed.
desire now, for few minutes to refer to case which
occurred in Massaohusets and am willing thls Jury
10 state in this Union more tainted with Puritansm
than that and il this prisoner can be acquitted under
the law of that State he Is entitled to be acquitted under
the law Of this and your Honor VIII perceive that the
expounded principles of ChefJustice Shaw there throw
their shielding and protecting arm around this mar and
relieve him from the Destiny which Is sought to be Wis
tied upon him prisoner was confined in the state
occasions for different terms and at the time Of the
alleged offenso was in the last six months of his
record while in the prison. He was indicted for
murder, In killing the Warden OF the prison on the
18Th OF June, ISl3. On his first trial the jury
dlsagreed on. the second they acquitted him
on the ground OF insanity. He was then sent
from window forty feet from the ground and died from
the injuries he received. Some days before the killing he
heard from the prisoners that the Warden going TO
keep him in solitary confinement and that he and others
combining to destroy his life. He also stated that
he heard unusual noises above his head at night; that
they Were giving him chckaberry In his food but on al
other subjects except this he talked with proprety. 1t
was clear OF partial insanity OF melancholia ac
compan.ed by delusions doctrine OF partial insanity
toned partial moral insanity as distinct from inteec-
tual insanity. They virtually instructed that TO
have memory to remember his relations to his country
men and =, their relations to him; he must
his act injurious to others, and a violation
OF the dictates OF the Deity and he must have had those
says, he must have memory he must have understands
ing and he must have will" submit to your Honor it
absurd to put test 10 the jury which Will concede
to the mind memory and understanding and at the
that he is deprived of control his will; lie
is accountable for what he did. What Is this of
Wagner'si What il frenzyf 1t Is that condition OF the
mind which is produced the spur Of the moment and
which, whether ii emanates from previous physical dis
ease leaves behind it the trace of existing physical
disease, is operation of the mind produced
by sudden that which
may engender in the bosom OF feelings
which prompt him to the commission OF any act.
If your Honor pleases, if man monster insulting
his little daughter and suddenly slay him the
spot, his action would be caused by sudden frenzy,
though IL might not be scientific insanity assert that
there would De necessity in such to show that
previous insanity existed although in this show
fla.ti LII IL.n.L lt.r