The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-08
THE MURDER OF MAUD MERRILL.

Bleakley, the Alleged Murderer, Said TO
he the Victim Of Hereditary Insanity-
The Application for a 0mmissiOn To
Inquire Into the Fncts-Judge Brady
to Give His Decision This Morning.
In the Court OF Oyer and Terminer yesterday,
before Judge Brady Mr. william F. Howe, counsel
for Robert p. Bleakley who shot, In November last
in house OF illrepnte, in Nelson place. his niece,
Mary Ann Foley, alias Maud Merrill, submitted
several adavits in support OF his previous appca-
ton for commission to issue to Ireland to
procure evidence bearing upon the question Of the
sanity Of Beakley and alleged to be very material
and important in his trial. The first Of these
afiidavlts was from John Frost In this
affidavit Mr.. Frost alleges that he has
known Beakley intimately for the past
seven years; that Bleakley has repeatedly
stated that his father died lunatic in lunatic
asylum in Ireland; that sister Of his, confined In
the same institution for lunacy, committed suicide
while there; and further, that during all the period
of his acquaintance with the prisoner he has re
garded him as OF unsound mind. Mr.. W. b. Marsh,
whose acquaintance with Bleakley extends
through period OF twelve years, sets forth pre-
cisely the same facts and similar conclusion as
to the insanity OF BeaKlcy. Last in the list was
the affidavit OF Bleakley himself. In his AFFIDAVIT
Reakley asserts that his father, Robert Bleakley,
died lunatic twenty-eight years ago In o
lunatic asylum known as the South Infrm-
airy, in Cork, Ireland; that lis sister, Mrs.
Charlotte b. Smith, in 1872. while confined in the
same institution as unatc, committed suicide;
and that David Douglass. schoolmaster, living in
Cork: Rev. David Robert Bleakey. an uncle liv-
ing in Glasson, Athlone, Ireland Alexander D.
Corrach, q shipping merchant in Cork and Rich
ard Smith, the husband OF his deceased sister, are
all knowing to these facts and are material wit
nesses in his case.
urged the necessity OF q commission to examine
the parties referred to. He pictured Bleakley as a
poor man. without money and without friends.
but, Notwithstanding the latter's still continued
protestations that he was perfectly sane, he mis-
counsel, felt 1t incumbent on himself to omit no
possible EFFORT or chance to prove his irresponsible
fty for the terrible crime charged against him. He
urged that the granting Of such commissions was
not unusual in the case OF indicted murderers.
Judge Brady-Such commission was refused in
Mr.. Howe-But it was granted in Stokes case
Judge Brady-That was net to prove insanity. l
cannot see the possible significance OF the proof
sought to be obtained. The question Is whether
any other OF his relatives insane. He is to be
judged solely by his own conduct.
ns rase ana ens that Wond have H. most weioht
with the jury would be TO show hereditary faint OF
insanity He could hardly believe that the District
Attorney would oppose the application. His
efforts TO Bring vioators OF the Jaw
to punishment had been unremltting and
met with general and most deserved appreciation;
but there were other persons he could try TIL re-
turns could be received from this commission. He
had several other homicide cases, any Of which
he was willing to have tried at once. lie made the
present application with the most conscientious
sincerity and simply rs an act OF justice.
Judge Brady asked why the application had not
pecn made at an earlier stage IN the case.
MI Howe said he had been, as His Honor well
knew necessarily occupied for several weeks in
the trial of homicide and other cases and did not
nave tine 70 give this earlier attention. This COM
mission would not occupy month, and meantime
the cause OF public justice would not suffer-
District Attorney Phelps called attention to the
length OF time that had ensued since the homicide
occurred and contended that 1t too late in the
day TO make this application. He insisted that IL
was well settled rule that the fact OF hereditary
| insanity was utterly useless on the question or
sanity, except when accompanied by some testi-
mony showing insanity IN the person himself. The
| mere fact OF the crime and some person being in
sane In the family was not conclusive oil INSANITY
Mr. Howe said II the District Attorney could sec
the piles OF manuscript which Bleakley was con
tlnualy sendingIto him, and which he called little
notes. he would conclude at once that Blcakley
was insane.
Judge Brady remarked that ne had given con-
siderable reflection TO the subject OF insanity A
man might ne sane, though all his ancestors were
insane. aud Q man might he insane, though ell his