The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-05-09

appetite; that she had stabbed her husband in the
f Se lame month before and been PIT IN prison lot
drink These two defences, he urged, fall to the
LIB TnE BAsELsss FABRIC OF A VISION
anu leave not wreck behind. The only resource
was that the prisoner was insane. This had been
nothing dinculs 70 den sSI as insanity Dr.
Nichols, all the way from the Willis OF Hoboken,
attempt was ssa n IL Sus s the Sars O
gong 70 nhy New jersey ss the Certificate there
nervousness. All scientists agree that we cannot
infer insanity from the act; It was Impossible to
commission Of terrible crime How were they to
prove insanity 1t was not proved by the act Of
ws the hearing Of his aS swsns
trial for murder, for whom the only defence was
and ss this man TN indicted thirteen
gSrs q this idea he cited nam s = oa sss
M Ne anaysea the testimony 81 Anna
shown, that the prisoner went to hts
niece for money, and because she would not give
TO men who had not delivered themselves over to
the bondage OF their evil passions there was no
saSe9 for With s r S nSa
been the victim OF his brutality. and she fell VIC
tim to his passion and anger. What were the
soiStely nons Xl the phenomena s Of alleged IN
sanity, viewed In the clear light or cold, dispas-
@ s scSe s
insisted that there was basis for the former
allegation than there was for the suppOstion that
dwelt At length upon the hypothetical question
put to the medical experts. The hypothesis, he
SLOWING w Sa e 81
as he claimed, most coherent one he, in conclu.
sion, gave an eloquent summary OF the facts, and
urged the jury to give to the evidence the closest
scrutiny and render their verdict upon the plain
facts as submitted to them. He spoke over tive
most earnest and undivided attention.
JUDGE BRADY's CHARGE.
After Mr.. Hall had briefly replied to Mr.. Phelps
characterized by his wonted clearness and sue
cIntness OF statement In grouping the leading
fmpartiality that has given him such proud ana
eminent distinction as jurist. His charge was as
f0l0ws:-
GxsrIrxrx OF THE JuRY-It has been suggested that
without public SSs S psS
pSss Or T. y
@ ssns
such declarations d law as may make 10 yon you II
e. % entirely na sA',S:ssS
@ with ma. A. ambition s
tie bs
ssasF that s &C.
TIE killing q human being and second That killing
other words; mat mere should SnIy Se he Killing Ola
time before a ihs time hs fatal blow dealt The
S os ten By % may e a. n
a. the me nome IT Se pas me
lie suH esssenos Of @
Shown
has the q
o the The Of aso s e Sc s
G motive al these g, re- that
aS nns Tsss e srSqai tie
he ene:
ndsr the ssanc You yon SATISFIED s
'ss s o.
eS
ssm 'H was eSs TT" was as
% .aid assIse :05
s:s$ VI $sSs:
seno Of sw IL the thru ssss
o. you the dennitlon Of : manslsughteT in NE
s r.
:aS TSs or
Ss ySs = sSs &. Sa e hs
81 od say % S IN o n:
q sss so. Ss W: know
not know he was doing wrong This s9 afsrmatiye
70 b s s s
%hsn . . ns ay IN
he was nom disease d inc mind il me condition just
me &c S oss no Sa IL g.
de S s 1 mSs
the % sw ana Sa ne e
% % q the GsE
d Gss q sass s9edsy
&c
q pg s se an and &c have
%s :s:a s.: s!$ Il:
opinion upon nls examination Of or Interview with hun
% sps Does
IA case 4.
sane on ms subject YOU have the evidence q
ns knew y and e s G ca Ss s
In 5 ~s they d ae1 70, are sn that III
a sn a ssg ana saaaS s
he Whole the Proofs
BY himself not only immediatciy about he time OF the
homicide but the story Of life and OF the occurrence
that his motive both with regard 70 the act Itself
handling He was impress ed, II seems by the Disgrace
70 his family which the unfortunate career OF
did, as the cause Of his sisters death. Was this an
mpeiling cause which might influence q misguided
but sane person. who thought himself the guardian Of
hts family honorf He does not seem to have been deh-
what he should DO on The contrary he appears 70 have
Of this homicide with ordinary Intelligence and success
Let say to you here In this connection, that mere
powers will not warrant an acaaitts On ho ground Of
stances was the prisoner acuated by anger, passion,
hate or revenge he acting under diseased mind
he was doing o. that u was wrongf Il he acted rom
insanity suggested he must answer for lis offences and
you must say what extent whether Of murder or
slaughter You must not fail TO bear in mind that he
not Constituted the executtonef Of Maud MerrilLr The
great God Of nature gave him no such commission It
might have gone back TO the moral world which Il had