The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-06-11

fsrowins Chickens head, at West in The street
M thinking sso them Sa sns
sani #. S% tn
!, US ,es; Of woaa
Is s Pa sss hs
a &c Of sss @ ss :: Icy
Ssss s' ss II sss se.
The Na stage Se1 Was the Of
lie %o4e Sooa
@ & h %Sn hs sacred cred
precincts Of dhs snreh lock e him eating his meals
@ s Would
over . epposse sds str When eo%ns
S nS asv' no 0e'
saSs ; 1$:
may to Ssy h sna and sishl 0q ss f.
4, snF'' ,Ss %sn Of rSs.. ps.sy
9d mind La nd nad
The cS sy was snS P Ss
SIS 500 We are not bound furnish motive vet ISon
s ss What ha was s VESTS sSs sSh'
time, John II Batemsn, Cashier q the First National
e. has sss Hsi IT.
sis = 81 s"sss
Of
the from rs Of hs Te nssos a
nss ssupa NIX
hat Of hi. brutal man How would tSe money
sn body d f her husband company
'ss
a. ss.;
Priyy e IS ssSs%e sa, Believe Would Ssys ses
she she. now does though all the wSrd turn assnss him
s qss .wsy he II v hs ze ,ucs
,,s ,.S il
sanity snd basees. on the
motive S. and ws ss
that to some lonely spot and killed HIM it would
But how much greater is i in fact, Think Of the helpless
hin paTtision between themselves The IRE
nothing Win this
that that wo s sn sns .ss
f h hs no BRING
verdict Of guilty add one whit to The Iesnaney
n% " w Re Wiz
1of n% he tea %s
n nhs to s
w ~ the in kn hs a
him as am accusing Witness that dread The
for s 2s told as srs wall be
Vests 6r0w win be branded ran with his e,ms Gentlemen
Chief Justice Gilpin here announced that the
Court would take recess until three =. NJ, at
which time there was larger audience gathered
than at any former period.
CHARGE OF CHIEF JUSTICE GILPIN
When the Court had reassembled Chief Justice
Gipin arose and in measured tones read the charge
to the Jury. will saw, par parenhese, the jury
first thanked for the patience they had mani
tested throughout the weary seven days OF the
trial. The charge was very able, dealing with
questions OF law and fact that have come up for
adjudication in the course OF this remarkable trial.
West was at times affected to tears but at the
conclusion OF the Judges reading OF the charge
leaned his head In his hands and awaited the re-
turn o, ms Judges with the verdict that should
him to the arms Of his kindred. 1t IS related that
his sanguine wife on Saturday night last believing
he would be acquitted, got everything in readiness
at her fathers home for his reception
n the grades s no%ss
SSass passed
Ssa nss: @
AND Of the
fence which the prisoner at the bar relies for ebainng
totally permanently n.sss ali his se,s
is held to be utterly incapable Of committing crime Such
y On al
are utterly oysrborne and oyerwhemed that an act
i% SsSI
such partial insanity can be held sufficient to exempt
depend the special circumstances ofeach particular
case the nature and character Of the denson the force
The n done nm drss s
ae6 Of Ct in ns the
or frantic humor Of person or moody sadness
aos
s his sna Yn. Is law
a more asa bey son hs Nor m par
.arily an excuse for crime. On, the contrary, /
Sns tina, it Be
he is for the time being rendered incapable Of dctermn
Charged
INSANE on whether
Of the acts committed and charged against him con
be an absolue immunity from punishment for crime
al Ss m % %
raht and the wrong that particular act i he under
70 every sound principle morals and Re re
1 ae his IS as rne t
to be sane and to possess "a sufficient degree
the shall be proved the entire saisiaeon
OF the Jury that Is to until 1t be proved beyond
reasonable doubt that at the time he committed the
criminal act ehargedhe was an insane man This rule
ton in England ana most Of the states OF this country
II is the settled law OF this satc
PRISONER AT
therefore, Is to be considered by you be man.
and capable of committing crime until the contrary be
clearly established by the evidence beyond reasonable
doubt You will therefore bear this rule in mind all
your deliberations for IL is the ground upon which you
must stand IN prosecuting your investigation upon this
subject
Now, to the plea OF sefdeence which the prisoner
relies as OF the grounds upon which he claims
acquitta Il Is proper to remark the deceased Henry
Turner, was invited by the prisoner into his in
the Berbin House. He was housebreaker in the
night time. not tresspasser, but was there
deience-that is, where one is assaulted upon a
where certain and immediate suffering be abe
sequence of waiting for assistance OF the law and there
Is probable means of escape he kills his assailan
To reduce homicide in selideience TO this degree it
must be shown by sufficient that the slayer
closely pressed by his assailant, and retreated
far rs he conveniently could in good fa,ti
with the honest intent 10 avoid the violence