The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-06

there dfrered directly rom the evidence given by
% for the defence IN the was not
analogous to the case now under conslaeiEati0n'
Mr.. Phelps then went over the testimony as
iorm OF a question, asked the witness whether he
would consider the person so acting sane or In
DR.. Hammond-I would consider the person so
acting perfectly sane; man acting rom insane
impulse cannot be gqidea 9y aasc o eSaase al, sa
TACT OF a man going to Q barbers shop to get
shaved. he having been shaved lew hours pre-.
vious, might be accounted Tor by absent minded
To Mr. Beach, do not believe in lucid intervals
in any form OF insanity; IL person believe his
dead brother slept with him night after night and
talked to him. and the person could not be reasoned
out OF it, would consider that an insane de-
lusion but person may iaber under the delu-
sion OF
t HAVING SEEN A GHOST
ac particular time and be perfectly sane 1t may
be caused by variety OF reasoas-blood to the
head, heavy dinner, &C.
s ,ong nypotnetlGai question ior the deience
II the facts stated indicated sanity or insanity, or
whether there were facts sufficient to base an
The Doctor answered that he should require first
what was meant by the words ''cenvuslon'' and
The equally long hypothetical question for the
prosecution was next,read to DIR. Hammond by the
stenographer, 10 which the answer was given that
upon that statement ne should say the prisoner was
sane. . - ~,
At one O'Clock recess was taken for half an
AFTER RECESS
the crOss-examtnatiOn OF DR.. Hammond was taken
up and pushed with much ANALYTICAL minuteness.
The Doctor testified that the TACT OF man firing
four or i've shots at person, after the nrst has
proved fatal, would be a confirmation, but not
into dead body, but, as q general thing, such an
act Is an evidence OF insanity: there Is ne essential
70 cnncs. crime and the nerson Who at,emnts 70
escape, as far sanity or insanity Is concerned;
both are pr'nd Jacte evidence OF sanity the pris-
pArsc .nDti In, off unrtin IN affn
HE SHOT DONOHOE
was. to his mind perfectly sane conduct; the fact
OF his keeping the belt and holster In which he car
ried the pistol was OF no consequence, one way or
another; the throwing away OF the pistol was q
Mr.. Beach went into long cross-examination Of
the doctor. but brought out nothing new or not In
harmony with his direct examination. Reference
was made to the testimony Of the witness in the
Mcfarland trial, but no difference was detected
in the theories and opinions then held and those
enunciated on the present trial. ia 40.
Mr. Phelps then examined the witness on the re-
direct in rebuttal, and after some questions and
as to the testimony y ana an o
ing:~ - a~ : - =
g. You have stated, Doctor, that. in making up
given person, you would consider the tact that
the person labOred under belief that he was
time to avoid that persecution Now, the influence
that that fact would have upon that man would
depend upon the fact whether there was any
foundation for that belief would IT uotY A.
Whether he thought there was foundation for it.
q. II he said there was warrant out for his ap-
ity that he avoided arrest9 A. No: not II there
was warrant out and he knew that there was.
O. Would not that, SO far as II indicated any
thing, indicate SANITY? A. Certainly 1t would.
q. Some questions have been asked you with
regard to the elements upon which your judgment
You to say that you expressed your opinions there
upon the hypothesis which were there stated by
counsel? A. Yes; heard no more OF
THE EVIDENCE in THAT CASE
than I have heard in this case. 1a'l feHA
District Attorney about to read from printed
pamphlet) Was this the hypothesis upon which
you expressed your. opinion - A.. Before yon
read that sir, will say that l have looked over
that and found 80 many errors in that statement
Ss it, sep0f'so 'AA' ~ n0' "llAs 70 - 'uDs'N
the hypothesis in the Mcfarland case, ana asked
O. These were the elements upon which you
based your judgnents objected to BY Mr. Beach,.
upon which you predicated your opinion A. Yes,
sir IN conjunction with some other evidence
Mr. Beach called the attention of the Court to
Judge Brady-I admit the question and your ex-
ceptiOn Is noted. 1sl-9
BY Mr.. Phelps-Q. You have spoken Of the ex-
istence OF a delusion as being test or one Of the
tests in your judgment Of insanity-that Is, the
fa ana WHICH his conduc ~
these the tests OF the problem whether delusion
Is an insane delusionS A. They are; delusion
THE CONDUCT OF AN INSANE MAN iiI1ne r
Q. That Is test as to whether it Is really con-
trolling principle in his mind the degree OF influ-
ence which 1t exerts upon his conduct2 A. Yes.
@. Would the mere expression OF belief In GER
tain fact without any evidence tending to show
that the conduct OF the person was guided or con-
troled by such belief, indicate an Insane belief
A. No; 1t would not ara. -..tsI r. g
BY the eighth Juror-Q. Doctor suppose man
in his sane mind should conceive an idea OF invent
ing piece of machinery, and should pursue that
notion until he became insane and was confined in
an asylum, would he be likely to abandon that no.
tisnP A. No; he would probably carry 1t out,
though most likely with great imper1ectness and in
q very irrational way. ,,.s r
BY Mr.. Beach-Are there not cases where in-
sane men have perfected important inventonsS
A. Yes; there have been such cases, but they are
very rare. .rs sat .fr-. I.l, ~
This closed the days testimony, and was imme:
diately succeeded by a4il -m'I CT ef j
l GOOD-NATURED Squirt
Of humor between MIR. Beach and District Attorney
Phelps, in which the Court INDUCED single
courteous thrust. Its effect was u soothing one in
the stern legal battle for human life, and drew
smile or two from the prisoners wife, relaxation
which that unhappy lady has not often expert
enced In the great drama which is SO soon to close.
and which is fraught with interests to her not
second perhaps to those OF the chief actor in the
terrible play. 4iiuroi 81. a,.g rs -
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