The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1871-12-21
STATE rs.


G,OuelwuaaiOn OF Evidence IOr the De-
fense-Plea Of Insanity.
Michael Lonigan-Am we'll acquainted
with prisoner, and know well his character,
disposition, etc, having been daily associated
with hin for a long time; saw him on the
2cih day of last December, ISL from what
! | previously knew of him, j have IN opin-
! len as TO the condition of his mind on that
day. Objection against stating that opinion
sustained. 1t vas e,icited, on crcss-exain-
/ nation, that, on that day the prisoner had a
/ strange appearance, looked wild, &C, and
I that the witness never saw the prisoner appear
! in that peculiar manner before. Did not
know tina, he had been drinking; never
knew O. his being drunk; was Of The oPin-
| ion that, on the said 26th day Of December,
! 1870, the prisoner WAS insane; judged 50, not
, from his words but his actions.
/ John X. Murphy have known Gainey
| for four or five years; lac has been frequently
| in NV saloon, where | have heard him talk
I ing yuigarlv, and frequently state that lie
! could influence aud do Is he pleased With
women: sIch statement rom him "erc
common and public
! Thos. Delhi and John X. Murphy testi-
! fi.l to the good character OF the prisoner.
The State offered no rebUiiing testimony.
/ We regre, CIR inability TO publish entire
the yery able charge Of Judge Giay. We
however extract, a. = mater Of Interest, that
part of it dealing With tie question Of in
| saniiy:
/ ''The Law presumes every man :" ne sane,
/ and that he j. responsible Tor what he has
done II, however, testimony has been m
! troducci tending TO show insanity, then the
/ sanity nj the accused mist he shown by TIE
| State a ahy other fact, to the satisfaction OF
| the jury, beyond reasonable doubt. In
sanity Is Distinguished Is general and par
! tial-extending to all subjects, or TO me or a
! few sebiecis.
When it ex.ends to all subjects il j. lie
/ nominated frenzy, mgdness, total insanity
I when confined TO a single sebject, il is called
I partial insanity, or monomaniI; and this
monomonia may exist with reference to aHy
/ one 81 Il variety OF subjects. When the IEo-
nonania exists in reference 10 any one par
ticlIlar -,ihject. the individual may be insane
+ Is To that one subject, and sane Is 10 other
( subjects.
/ In such cases, although the person would
Z. be denominated insane, YET he would he re-
: sponsible for his acts, unless ii WIS the oil
/ spring or resutt OF the particular subject GA
which he was insane.
| In this case at the bar, do not under
stand the defense to claim, that the prisoner
was iaboring under general or total insanity I;
hut that he was only partially insane; that he
was !aborirg under an insane delusion o! his
wite> ini;delity,-,hat the deceased had been
. intimate with her; and that acted upon by
slch delusion, lac took the life Of Gafreg.
Ii the defendant. at, IN taking the lite oi
Gafney, If he did take IL was caused By
mental disease or unsoundness which de-
;hroned his reason or Judgment, with
respect 10 that act-wh ich destroyed his
power nationally TO comprehend the nature
and consequences Of that act; and which,
ovefpowerins the will, i:resistably forced
him Ia its commission, then he is not amena-
bic 10 legal punishment. i:ut if you believe
from all the evidence and circumstance, that
the defendant was in the possession Of a IA
tionai iniellec:, or sound mind, and allowed
his passion to escape con,roi-ihen, though
passion may for the lime being have driven
reason from her seal, and usurped II, and
have urged the prisoner, with force at the
moment irresistible, 10 desperate acis, he
cannot claim for si!ch aa.s !he protection of
insanity.
Whether the prisoner act WAS the insane
act of an unsound mind, or the ou;hrTs: OF a
violent, reckless, or uncomfortable passion, in
4 mind no. diseased, is 4 question for You
gentlemen Of the jury to determine according
10 your bet Judgment upon the evidence
before you.
If the killing OF Ci.lEey was the direct
result q; offspring Of insanity, you should
acluit II OF passion, unless il b. an irsane
passion. VOC should ,ouyic;.