The New York herald., 1872-09-08
MURDER AS A FINE ART.
How to Cheat the Gallows- Taking Advantage
Of Plea Of Insanity to Avoid Hanging, and
then Attempting to Escape from the Luna
tic Asylum on the Ground Of Present
Sanity-The Decision the Court To
Be Rendered on Monday Next


greater comment than the case Of James Burns,
tried last April for the unprovoked murder Of
James Halloran, in the Gotham drinking saloon in
the BOwery There seemed to be no defence of
prOvocatiOn, anger excited through previous con-
iict or sudden rage from insult for the murder:
but on the trial in the Court Of General Sessions
prisoners counsel, William F. Howe, had prepared
fog him an ingenious insanity defence, which sue
ceeded 80 well that verdict Of not guilty was
rendered, on the ground that Burns was insane at
the time of the shooting. Recorder Hackett did
not, however, let the prisoner escape, but imme-
diately upon the rendition Of the verdict com.
mitted the insane murderer to the State Lu-
natic Asylum at Utica. Since then Burns
has become very restless, and accordingly
evinced his desire Of again breathing the pure air
Of freedom by requesting that steps should be
taken to secure his release. His counsel, Mr.
Howe, by writ of habeas corpus, brought him be-
fore the Supreme Court, Chambers, yesterday
morning where an expectant crowd was collected
to listen to the proceedings, which were Of more
than ordinary Importance cis.eSj.r
The prisoner, whose appearance has changed
considerably for the better since his trial. watched
the movements and listened to the remarks of his
counsel Ndr. Howe) with deep and engrossed at
tention. by his side was seated very neatly.
attIred lady, apparently Of American birth, ,yhQ
burns Wife, and she looks many years
his junior GsGsns on Of ms oSoss kSss
four years trying to divert his fathers attention
from the speeches of counsel to his childish pranks
and prattle. Ex-Judge Sutherland occupied the
bench with Justice Leonard and as leading conn
sci, associated with District Attorney GarVin, was
ex,Judge Bacon, Of the Supreme Court, an eminent
jurist and eloquent pleader.
The proceedings were commenced by Mr.. Howe
rising and calling His Honors attention to the
nf 10 ha ncan Ia w IN hnd hnny
brought into Court by the authorities from the
Utica Insane Asylum, whittier he had been sent by
had been tried for murder in the first degree. He
was then acquitted on the ground that at the time
death of a man whom Burns had Killed, Burns was
laboring under fit OF temporary delirium, brought
about by too much Indulgence in spirtuous liquors.
Since his trial 1t had however, pleased an a-wise
Providence to restore the shattered reason OF the
prisoner, and he was now as sane as any person in
the court ROOM Under these circumstances he was
Judge Bacon, in reply, contended that Justice
Leonard had no jurisdiction In the premises, and
| that the return proved that Burns had been COM
mtted by the Court OF General Sessions, Court Of
competent criminal Jurisdiction. and that, there
FORE this Court had not the power to go behind the
return, ana the writ should thus be dismissed.
District Attorney Garvn next rose, and claimed
that the prisoner was entitled to mo mercy" and
that no false sympathy for him should obtrude
ITSELF The evidence upon the trial OF Burns case
developed cold-blooded, heartless murder, which
should have sent the wicked perpetrator OF the
dastardly deed to the scafod, instead of permit
ting him to seek, through the ingenuity Of counsel,
two months since, within sound of my voice,
It was urged that this unfortunate man, as he was
tnen termed, was insane and not responsible for
his acts. The jury that instance believed the de.
fence and acquitted him; but the statute, luckily,
protects this community from these dangerous lu-
natics, and so, by order Of a competent Court Of
Record, Burns was committed to the Utica Asylum.
Apart from this question OF law presents itself to
Your HOnOrs consideration, and the proper place
for the writ Of habcas corpus to have issued should
have been the county where the prisoner was con-
fined.
Mr. Howell applied to the Supreme Court for
this writ and that Court has jurisdiction over the
entire State.
the correct method to pursue In cases OF this cha
racter.. will refer Your Honor to the first Ed
munds' select cases, in the case of the People VS..
Griren, where q mode OF examination az Utica Is
pointed out, which, for convenience, should have
been adopted In this instance, and the writ should
therefore, be dismissed upon that ground.
Mr.. Howe replied that In that case, In which in.
sanity was clearly proven at the trial the accused
Edmonds; out, aside from that, convenience" Is
secondary consideration. The writ OF habeas
"a WRIT OF RrGHTn
and no statute can rob man OF his
constitutional privilege Of applying and re-
FROM The question here before Your Honor
is one Of the gravest Importance, for here we have
the Almighty, has been visited with an afficton
which temporarily deprived him of his reason, and,
while at the time not Legally T responsible he
The heather Of old 1t has been told US, venerated
the tree which had been struck with lightning
and should we, In this Christian age, be less char
liable to q fellow man whom God, in His most mys-
terious providence, has afflicted for q time with
deprivation OF reasonS 1t is not denied that
we have here O sane citizen. suffering intense
punishment-Immured In prison with iunatics az
his companions--the horrors of Sing Sing would be
q boon TO hm-a sane father, taken from his wife
and family who all look to Your Honor and demand
OF you the right OF sane man, to be released from
this madhouse: The law is not vindctive. A visi-
tattOn Qd in ha nor
Of the unfortunate prisoner. His further imprison-
ment-as the return comedies his sanity-is great
cruelty, hardship and wrong upon society; and IL
is Your Honor's imperative duty to discharge the
prisoner and sustain the demurrer.
AT the conclusion OF the argument Burns drew
long sign and seemed much relieved. Justice Leon
ard asked for the papers, and said he would care
fully investigate all the authorities pertaining to
the subject under discussion, and In the meantime
remAnded Burns TO the custody OF the warden OF
the City Prison until Monday morning, when de-
clslOn win be rendered and this m0Oted question