New-York tribune., 1873-05-21
THE COURTS.
EXIT TRAIN AT LAST.

A CHECKMATE BY JUDGE DAyIS-TRAIN SENT 10 ihn
LUNATIC AsYLUM-AE EXCITING SCENE.
Ever since George Francis Trains mentai
condition the subject Of inquiry in the courts 'no
investigation has been full OF humor ana ino'o"'
that the striking similarity between It's shit'ns
and the denouements OF the drama has been seno'a'
recognized. The last act In the comedy which was W.
messed by great crowd In the Courtroom VI .u a,
and Termner Yesterday the shortest but te mus
exciting: and the curtain fell dozen groups oi aston
ished spectators who scarcely expected the eS '"'
certainly were dazed by the suddenness OF IT,
The Court opened with Judge Davis Clark ben' anu
Mr. Howe In their places. George FRANCIS iisi' ,, ~
private Secretary Bemis, sat In the midst VI 'no ~
rroup of lawyers and the Assistant District Attorney
Mr. LYON occupied his usual scat in front OF then' '
uove onened the work with motion that the Court I'll
rect the iury TO render verdict of not guy OH 'no
ground that the statute uuder which the Hulclm'ht
against Train was found was Unconstitutional n"i"
construction OF 1t. he said would renuer eq''iS
liable 10 indictment all who had III lheir Po'
session nude statuary, or the works oi 1hom'S
paine. or even Shakespeare. The statute was
,horotore clearly against the Constitution
of these Free United States" Judge Davis met the
motion with prompt denial, expressing his confidence
IN the entire cOnstitutiOnaty OF the statute lherc was
nothing now for Howe 10 do but to open the case or
the defense which he did reminding tie jury tat they
were not living England, where TO attack inc Ouron
was to attack the Throne. but IN free country "hee
the pagan was on an equality with the Christian lie
then called on the first witness for the defense, Dr.
Thaddeus NJ b. Cross who testified on the lunaey IN
vestgation before Judge DAILY that Train was insane
With the calling OF DR.. Cross the tactics OF the defense
became apparent, their plan evidently being can al
the medical witnesses who sworc TO Trains insanity Oh
the lunacy inquiry for the purpose OF proving trains
irresponsbity In the matter OF publishing an obscene
paper aud then following this up with the presentation
nf Of of declared
the purpose Of showing that though at the time the III
dctment was formed he insane, yet at inc present
moment he perfectly sane.
Before Dr. CfOss had been asked many questions Mr.
Lyon rose aud said Your Honor, we are Wiling 10
admit that the prisoner insane at the time OF the
commission Of the Oense charged and TO go TO the jury
ON the point of the Obscenlty Of the paper Mr Lyon
also said that it was plain the defense were going
TO do and as he had faith in the medical men VINO had
declard Train insane he could not consistently question
them, attempt to disproyc their testimony lie be-
eved Train TO insane notwithstanding the verdict Of
the other jury.
Mr. Bell as expected at once said 4" II the District
Attorney believes that the prisoner is insane the prose
cuon end. and noiie prosequi must be entered
Judge Davis (quickly)-I would not allow him to DO
that.
Mr.. Bella verdict Of not guilty must be returned.
Mr. Lyon-Yes but with the provision OF insanity.
Judge DayisIf both sides admit Mr. Trans insanity
must direct the jury to acqu Gentlemen OF the jury,
you will find the prisoner not guilty, on the ground of
insanity.
Mr. Bell interruptingWe wish TO be heard as 10 the
form of the verdict It should be "gulty," 81 not
guilty"
Judge Davis promptly and decidedly
you will the prisoner not guilty on the ground OF
insanity.
Mr.. Believe ask the jury to find verdict Of not guilty
Judge Davis-bIake the verdict mot guilty on the
ground of insanity"
The Clerk then went through the usual formula OF ask
ING the foreman If that the verdict OF the jury and
the replied, evidently ahorng under some be-
wilderment. ave agree TO that verdict We find the
prisoner at the bar not guilty on the ground Of insanity
Mr. Bell not little excited, asked that the jury be
pOlled.
Judge Dayis-No polling Of this jury The jury is dis
charged.
Mr. Bell whispered to OF the jurors who had bent
for to communicate something hun, and immedi
aey and said: "Mr Son that that is not his
MIR. Lyon-For the protection of the community
against the ptrperaOn by man that Is conceded to be
Mr.. Be-Your Honor, two OF the jurors state that they
do not agree to that verdict.
Judge Davis-I don't intend to hear them. That part
of the is disposed Of The verdict is entered Dr.
Cross testihes that this insanity continues and shall
order be entered sending Mr. Train to the
The feeling among the hysta1ders which had risen
t Of laughter. Mr. Howe, as 1t had ceased,
tnucd the dscusSOn remark1g that the evidence was
that OF Dr. Cross aOpe and they had evidence TO show
that Train insane at that moment. All this time
Train had been silent and bewidered listener-sOne-
thing his history Will probably never show him TO have
cen before. The suddenness OF the blow completely
staggered him but this juncture he recovered his
scattering wits enough 10 blrt out, Is the order
tered T. VI don't want to hear anything from yOu came
sharply and quickly from the bench, accompanied by
OTcibe raps Of the gaye 81 wish protest" per-
sisted the unluoky Train. "I have had trial yet
have been five months In jail"
Sit down Sir, was the reply, but he kept his seat
only instant and third time essayed to express his
feelings. WHAT am TO do g. said he, bewildered |
" 10 remain here ." You aTe to SIT down, Sir"
Judge Dayiss reOinder. and tins last put
him IN his seat but before the Court adjourned no SAID
dentntly To Judge Davis, 81 wish before L leave to
move your impeachment in the OF the people. |
LaugLter.l Tue order then entered committing |
Irdln To the Lunac Asylum at Utica, and the officers
took him 10 the TOmbs.
Mr. Howe promptly got a writ of habeas corpus from
Judge Faucler in Chambers and the will up
for hearing tomorrow, and interesting may
be expected In regard 10 Judge Daylss action, 1t
by some as highhanded aud assump-
iOn Of authority which leaves safe. A prOm- |
nent lawyer formerly Recorder, coming in and hearing
had been done, pressed astonshment
scarcely believed the story and, shaking his head, said
" On, no don't think the courts VIII sustain Judge
DAVIS m this action. DON'T think he has right
act arbitrarily" Other lawyers expre similar
opinions and one hnted that Judge Davis seemed be
trying 10 be what Train aspred 10 Decomea DICTATOR
DECISIONS-MAY 90
Supreme Court-ChambTs- Judge Fancher-