The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-16
GEORGE FRANCIS TRAIN.
The Inquiry Into His Sanity or InSan-
ity---The Doctors Testimony.
GEORGES PROPHECY IN THE ToMBS.

G6Uh0E TnurnGOu Nv LIE tUWDOs
The inquiry into the sanity or insanity OF George
Francis Train was commenced yesterday afternoon
ut four O'Clock before Chief Justice DAILY or the
Common Pleas, and jury. 1t Will be remembered
that Train was indicted some four months ago LOT
publishing in the Train Lfgae obscene articles. he
was subsequently arrested on bench warrant 70
await trial. and was con. ned IN the Tombs. The
offence was bailabe; but the indomfablc george
would give no bail, accept no bail, and 1t was sup
posed that be would not even accept the gOod
Offices of an angel If one had come down from
heaven and told him to 60 free. In the Iomps ne
would be; and the question arose, How was ne 10
be got rid Off Common report said ne was
as mad as March hare. District Attorney
Phelps thought so. and IN this ne was confirmed Dy
the result OF u medical examination which ne had
held on MIN. The doctors reported him mad, and
this led to the fnqufr1siO de tunotic0 now being
ned on him IN the Courts.
The Court sat at iour O'Clock. II was then
crowded in anticipation OF the advent of George,
who soon after made his appearance carving
great sealskin coat over his arm his closely Mt
ting coat buttoned up to the chin. and great nose
gay within point OF his nose. He looked nttlc
flushed at fl st but subsequently cooled down, ana
at least half dozen OF the women most lily dressed
and repeent in look, whom morbid curiosity
brought tnere, besides us lIleuus ucoiko Sonoo,
General J0bson and any other half dozen or SO
Georges eye might have scanned IN inc crowu'
THE OATH TO JURORS.
The following is the oath taken blythe jurors In
You do soemnly swear that you will diligently
inquire and here presentment make, Tor and on be-
half of the people OF the state OF New io TX.
bar, who stands indicted for mlsdemeanor, be OF
sound mind and understanding or not, and true
OATH TO WITNESSES.
You do solemnly swear that the evidence you
shall give to the Court and jury touching the
alleged insanity OF George Francis Train, the pris-
at the bar, and oil all such matters ana things
shall be required OF you in the premises shall be
OPENING THE CASE.
District Attorney Phelps opened the case, ex-
planning to the jury the peculiar character OF the
circumstances surrounding it. That originality,
George Francis Train, the defendant had been in
dicted for a misdemeanor, ballarie offence, in
publishing obscene literature, consisting OF arti-
Giles which had appeared in paper called the
to some extent, with the public feeling excited by
the publication OF the articles In question. They
were OF q character which called for the prosecu-
ton of the party publishing them, and to that end
the prisoner, Train, was indicted for the offence.
and was put into prison pending a trial As before
said, it was bailable offence, but Mr. Train would
give no ball. and refused bail when offered by his
friends preterring TO remain in jail. He District
Attorney had received sundry intimations OF the
condition Of Mr.. Trains mind that it was ques
ton whether he was sane or insane, and whether,
in fact he ought to be put upon his trial upon the
indictment against him. TO ascertain this fact he
had been medically examined, and the result OF
that examination would be detailed to them by
the medical experts.
THE TESTIMONY.
DR.. Thaddeus NJ b. Cross. residing in the city,
testifed-Was connected with the hospitals in this
city Tor the treatment Of nervous complaints had
ally-tO the diseases Of the mind and and the nerv
Gus system generally; had frequent opportunities
phases; was called as an expert on trials involv-
Ing these questions; intellectual insanity is an
md 70 IN af min a n n m
of which the patient cannot be reasoned by such
evidence as would convince the majority OF man.
District Attorney; had an interview with him Of
half an hour; DR.. Hammond was present and he
conducted the conversation.
Mr. Chadwick objected to the witness stating the
nature OF the conversation. Question admitted.
Witness-We talked on various subjects; talked
about his property IN Omaha, upon politics. about
Grant and his speeches, about his jo1rneyings IN
must be dictator; that the nation could not get
on without him that he must lead 1t on; that he
e 3 a! a na sx ,e
3Oth Of March every stone OF the T0mbs would be
RACED, and that the streets would run with blood
and that he only could stop it; when speaking OF
Mr.. Greeley he became very much excited and so
incoherent in his utterances that witness could not
understand him.
Q. What was and is now, your opinion Of his
condition from these utterancesS
Mr.. Mott objected. He argued that the whole
scope Of the inquiry was whether Mr. Train was
sane or insane on the particular subject which was
the ground OF the Indictment, and ali questions al
to his sanity or insanity outside Of that were moi
germane to the present inquiry Counsel referred
to the case of Freeman.
The Court said-The inquiry is whether the pris
oner is insane or not, and I propose to make the
inquiry comprehensive as possible, and not
limit ii to any particular course OF examination
until after the question Is passed upon by the
Mr.. Bell-An expert cannot give general
opinion as to insanity, but can state the effect pro-
duced upon the mind by the conversation and de-
meanOr Of the accused.
The Court-That is all that is asked for by the
question. Answer the question.
Witness-I should say that he was of unsound
Mr.. Phelps put in copy OF the Toledo sum- con.
tanning an article which Train admitted was writ
Mr.. Bell-If that article goes in evidence Mr..
Train desires that 1t shall be read In Court.
Mr.. Phelps objected to the reading Of the article
rs improper and indecent writing.
The Court directed that the paper stand over for
the present.
cRoss-ExAMINED.
Witness-When speaking OF Grant and Greeley
Train said that there were three millions and
half Of dead beats and three millions going to the
praveyard; he said that DR.. Durant owed him
he said that all the banks and institutions in wal
street were rotten; that there was no money al
all IN the country; that everything would go up
shortly and that the streets would run with blood
}. DO you know whether that was false or mott
1 do not know anything about 1t.
q. Some banks have gone up since9 A. don't
q. What did ne say about his property at Omaha,
A. He had map hanging over HIS bed in his cell
and he pointed out on 1t some thousands OF lots
that ne said he owned there; he also said he was
CHIEF Justice DAILY briefly examined the witness
merely with view to make the evidence as clear
The court adjourned at nalrpas. six till four
O'Clock this evening.
BROOKLYN BURGLARY AND ARSON.
Within the past twenty.fsur hours two cases q,