New-York tribune., 1873-05-22
THE COURTS.
TRAIN CAUGHT IN A TRAP



JUDGE DAvIs's ACTION SHARPLY cR1TTc1syn-,u-
PRISONERS THREATs-HIs cOUSsEHs LOGIC.
Judge Davis has made one violent enemy q,
least by his Independence in dsposng ~ summarI, =,
George Francis Train, the other day, and this IA NO.
Other than the redoubtabe Train himself Since the
order consignng him to the state Lunatc Asylum va.
entered he has ragged In his cell at the TObs and for
the future may well be regarded as sworn enemy
Of Judge Davis. 1t Is said that he sen,
the Judge long letter yesterday, expressing In
his peculiarly frank and foroble way, his Lack Of ase
on. and telling the Judge that II he had had pistol ON
Friday morning no would have shot the occupant OF tn
be nob whereat the jury would have acquitted BIN ana
urges that Is his firm and serious intention TO rnov
the Judges impeachment IN the name of the vro.,
American public, whose champion he .is. The LeN,.
ture he eschews In the affair." and albeit that body h.
the power Of mpeaching the Judge. he a. the rU
resenatye OF the people throughout the whole country
will act his responsibility and without consult
ing the legislative power.
The lawyers have mufh to say ab0nt the action a,
Judge Davis, and various opinions are expressed b,
far The largest number think that Judge Davis was Der
fecty right far tie law Is concerned. the statut.
plainly says that when both sides cOncede that the pr
oner was insane when he committed the oaen.e for
which he was indicted. the Judge shall direct
verdict on the ground OF insanity, and then
II he is satisfied from the evidence that tho IN
sanity still continues. he shall have the power IA
cOnsign the prisoner to the LuDac Asylum but Judxs
Davis decided the slight testimony Of Dr. Cross and
his manner and demeanor during the whole case has
been strongly criticised aud condemned, for It recog
nized as o little toe much ike the independent and con
ceited assumption Of authority which made Barnard
despioable Tle trap SET FOR the defense was good
one-that everybody admits-and its success Wa
merted since Mr.. Howes share in the late conduct
the case brighten his record for shrewdne and
acumen; but the part OF Judge Davis, despite thi,
comes under the definition Of strategic" aud spoken
OF as unworthy the dignity Of the bench.
1t scarcely avakens any curiosity in the result Of
the case and the fate Of Train when it is known that
the writ Of habeas corpus which Mr. Howe obtained
from Judge Fancher, and which s returnabe tO1a,,
must according law be heard before the Court OF
Oyer aud Termner, when In session, and at present
Judge Davis himself OF course, holds that court. M
Howe has prepared his argument on the matters a
error alleged to have been committed by the Court In
the disposal the case. and his points as follows:
It cannot be charged that It error IN the Court
TO instruct e jury tuat they must acqut 3r Tram On
the grounds OF insanity, but It must be acknowedged
that very extraordinary conduct on the part OF
the Court TO 50 instruct the jury upon such sgnt eVL
dence Of insanity. But one question had Deen asked
Dr. Cross in regard to the sanity or insanity OF Mr IRAN
by counsel for the Defense that had reference only
TO his sanity at the time Of the commission OF the orens
charged in the Indictment, who answered that be dd
NOT Believe him sane at that tuie. After which Mr.
Lyons, the Assistant District tLorncy, said tha
he would concede thai Mr. Train wa
stll insane. Judge Davis thea asked the VIII
ness IN ne considered Mr.. Train still insane
TO which ne replied do" TIE same proof should haVe
been had in this would loo necessary In case o
homicide, robbery, burglary, and grand larceny, 70
make out insanity The statute whcn directs Courts Of
Over and TerIniner aud Courts OF General Sessions
commit ali persons indicted for crimes 20 lne state
Iunatc Asylum, when upon the trDl OF any Indictment
the defendant snail be acquitted the ground Of 10
sanity requires something more 70 sustain plea ot IN
sanity than acceptance OF such plea by the Court
and District Attorney. The Court should not De satisfied
with the proof insanity upon the testimony Ot ane
witness tlnd he called Dy tue deensel, whose answer
upon that point only IN response to single ques
ton. , ,,,..A -, A.. ,..,...
tOrney after he had announced tnat he
eede the insanity Mr. Train II that was the end Of tho
MAYED that Mr. Train 90 discharged, Wnlcn motion Wa
| denied III the Dlstrct-AttOrney nad abandoned the
Tosecuton the Court would have instructed the jury
10 find verdict not guilty, ana Mr. lalh should nave
hean discharged sufficient PROOF Oi INSANITY haYlng
been given to the Court 10 instrucng the jury
10 find verdict OF not guilty on the grOuhu vi lhsaA
III There was verdict or the jury, IOf he reason
that the foreman, without consulting Win an Tue OIlef
members of jury, announced te Nerdct dctited 70
him NV the Court aud, upon Sucn annOuncenehL Oelnf
made tine KIN and seventh jurors sworn upon the trial
~ the action protested against the relIlOn OF sen
yeriot and said that that was not their FerucL Iho
Court had no right away IRON the the dls
tiou of sanity Iney the judges both oi law ana ACTS
T0ev nave right To disce the opinion Oi the Court
in criminal case, upon question Ot Jaw, lAy
are fully satisfied that such opinion Is wrong feOpS
apt Vdeto Park. Grim Rep. Cos. People ag IhaJefs
| / PARK. GRIM. Rep. $685. People asL Moore esaL''
| Wheeler Grim. Cases a. A.
fendants counsel that tue jury be pO!ed Ile drent
ann had ri ght to know whether or not the Verde. As
Announced through their foreman, under the Instructor
of the Court, the INDIVIDUAL NeEdlct VI eASu SeP4
| juror.