Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1872-04-10

character which, (supposing it to be true)
would justify the act. 1t is claimed on the
part OF the defence that Little labored under
the deiusion that he was about to be attacked
1 by somebody and lynched; that that was an
insane delusion, but that he believed it, and
that so believing he shot White in supposed
sell science. If that was so, that would re-
iieVe nm; he is not responsible for the con-
sequences of an insane delusion, which (it the
tact had been as he supposed, and in his IN
sanity believed it to be- would have justified
his act. 1t is for you to determine whether
that fear existed at the time when he commit
ted the act Of shooting White, if you find that
he did it,
There is another occasion When the deln
sions of mania may eXcuse the commission OF
crime, and that is when they have gone so far
| as to obliterate reason to such an extent that
the man is not operated upon by motives at
all, but proceeds from blind unreasOnng
impulse. With regard to that. it is for you to
determine whether that was the condition of
this mans mind. The essential question after
all, on this point is, did he know what he was
doing, and that it was wrong and criminal,
and would make him liable to punishment?
That is tie vital matter for you TO determine
upon this question Of insanity.
Defendants counsel have requested certain
instructions upon this point. give them
with a change of a word or two which think
necessary to make them Ineligible and ac.
curate.
lst The jury in order to convict the pfis-
oner of the crime charged, should be satisfied
that at the time the act was committed he was
in possession of sufficient reason and power
of mind to distinguish right from wrong. and
mind powerful enough to adhere TO the right
and avoid the wrong, if he chose.
"a. 1t at the time of the commission of the
crime charged the prisoner, by reason of dis
ease or defect of understanding was struggling
and laboring under confusion of ideas, as not
to understand the relation existing Between
the prisoner and tie deceased so as to be I'M
able to distinguish or understand the nature
and probable effects or natural consequences
OF his conduct, or of the acts and conduct of
the deceased he should be regarded as "not
guilty" in the present case, by reason of in
sanity.
Substantially have said that to you p.eyi-
ously. The question for you now to determine
is a question of fact. " hat was the state of
his mind with relation TO that rule Of the law
which defines the extent of criminal response
bility and liability. Now your attention has
been called by counsel on both sides to vari-
Gus matters which they claim as tending to
maintain their several positions in relation to
it. The defence called your attention to the
fact that there is testimony, [and it is for you
to say whether it satisfies you that it was so)
that after the death of White the prisoner was
talking to those below wanting To see his boys
when they were far away, and that he was
afraid of being lynched, and this they claim
was fear and an insane delusion which ex-
| listed before the time of Whites death and
that, as they say, (upon the strength of Lit
ties testimony he did not know he killed
him at all The act itself also, they claim,
is evidence of insanity; l have to say 10 YOU
that the mere fact of the commission of crime
is not, of itself, evidence of insanity. If
that were the received doctrine you can per-
ceive that crime would have perfect immuni-
ty, and that the more bloody and atrocious
the act the more frequent and certain would
be the escape of the perpetrator. Take the
time and place, and the circumstances in con-
nection with the act, all are matters for the
consideration of the jury, as bearing upon
that question. 1t is for you to determine
whether it was an act of reckless, bad
vicious man, or of an insane one.
Then his attempt to commit suicide is re-
lied upon as another evidence of insanity ;
that is matter for you. 1t is claimed that he
attempted suicide before the shooting of White
and that it was in shooting at himself that he
killed White; that is for you to determine.
You recollect the testimony of the different
regard to the time when the shots were heard
after the first shot. It's for you to settle this,
whether it was an act produced by the press
ure of the circumstances in which he found
himself to be afterward, and what, (if any
thing in the acts or words of the defendant
indicates to you knowledge of what he had
previously done. 1t is foryou to say whether
or not it was an insane act.
Then the delusions about his wife and
x,,,1. -, l. ~. 4
curement of this pistol, his reception of his
daughters letter since he has been here in
Jail, his return from South Carolina, and the
opinions of the experts are relied upon by
this defendant, and his counsel claim for him
that upon this testimony you should be salts
fled by preponderance of the evidence that
he was insane, and SO insane as not to know
the character of the act he was doing, and
that it was wrong, and that it would make
him liable to punishment; and they rely upon
the testimony of the experts with regard to
that, have only to say to you, that its force
} and value are for you you are to settle that
} matter for yourselves, and determine how
: much weight you will attach to the opinions
which have been given by those gentlemen
who have been allowed to give opinions in
relation to the matter.
The testimony of experts is admissible
, contrary to the ordinary rule, which prohibits
5 testimony to be laid before a jury except OF
matters OF fact, upon the ground that those
I men having had some special experience, and
having devoted special attention to the matter
, about which their opinion is desired, are
1 capable OF giving an opinion that would be of
; benefit to a jury in relation to fact The
) value of that testimony is for the jury to de-
termine If it is the result of long expert
: cnce, of sound and careful Judgment de
/, llberateIy exercised upon a matter, about
which the person testifying has the means of
informing himself, it may be of great value.
II it is on the other hand an opinion designed
to illustrate some favored theory, to afford an
example upon come dispated matter in meta
physics, it is hardly necessary to say it would
be of less value it is for you 10 cay whether
Of any value at an. 1t has been commented
upon by the counsel fully; it is to be taken
into account by you in determining the ques-
ton.
Now, gentlemen, review the whole testi-
4 1 = 4. u 4 n =.