Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-05-24
TRAIN TRAPPED.


The Sudden Termination of His Trial
a Judges Mode of Quashfng the
Inianity Dodge.
The telegraph has already advised as US
of the result OF tha trial Of Geo.d. Train on
the charge Of publishing obscene articles
In the Train Ligue. New York papers OF
the 2lst bring the Ge ails. The status Of
the case presented a knotty problem to his
LAWYERS, Messrs, Howe aud Bell; if he was
pronoun, ed sane, Train would 90 TO the
State prison; il insane, TO the Lunatic Asy-
lum. Their strategy was first to allow bis
insanity at the time of tbe publication, thus
securing verdict of not guilty; ald then
prove that he has substq q emily recovered
his scattered senses, and so obtain his re-
lease. In opening the case Mr.. Howe ar
gued that if the law against obscenity be
strictly construed, evey owner Of a private
library in the land, was indctlble. He
then made "elegant EXTRACTS" from the Bi.
bic and wanted TO read dirty passages from
Shakespeare, Fielding, Smolett, etc, but
Judge d avis 'iG Shakespeare was not on
trial. II counsel contended that Trim
was auotatr Byron, another Percy Bysshe
Shelley. and should be allowed similar lat
itud IS Of expression, but the Judge ruled
that ''Ano'her's obscenity is no excuse for
his" Tle Herald reports in conclusion Of
the trislI 8 follows:
The OILY witness called for the defence
was DIR. Tnaddeus M. B. Cross. He told
how, on the 18th of March, pursuant TO the
request Of the District Attorney, he visit
ed Mr. Train at bis cell ia the Tombs.
Q. And you reported him insane?
A. Yes, sir.
Mr. Lyons, Assistant District Attorney,
said that be would admit that Mr.. Train
was insane at that time.
Mr.. Bill insisted that upon this admis-
sion there should be a nolle prosequi en-
tered at once.
Judge Davis--I can't allow that. And
then, turning TO witness, be asked, "Do
you consider him insane now?
al do, (" answered the Doctor.
Mr.. Bell Then the Court should order a
verdict OF "not guilty"
Mr.. Lyons-Tnst will be satisfacto-
ry TO me.
Judge Dayis-If the defence comedies
his insanity will direct the jury to
acquit.
Defence-We do.
Judge Davis-Gentlemen of the Jury,
you will acquit the prisoner on the ground
of insanity, fin ing your verdict on that ex-
press ground.
Mr.. Believe wish TO he heard about the
form of the verdict. The verdict should be
"guiIty" or "Not guilty."
Judge D2vis-You will find the prisoner
not guilty on the ground Of insanity.
Mr.. Bell-We ask the jury to find ver-
dict of 'Not guilty." without the reason. ]
Judge, Davis MIR. Clerk, take the
verdict, "Not guilty on the ground of in
sanity"
Foreman of he Jury--We agree On that
verdict. We find the prisoner at the bal
not guilty on the ground of insanity.
Mr.. Believe ask to have the jury pOlled
Judge Davis-No polling Of this jury.
The Jury are discharged.
Mr.. Bell-There are two jurors who say
that is not their verdict.
Judgs-I order the prisoner TO be sent tC
the State Lunatic AsyluW.
Mr.. Bell-Will you not hear evidence al
TO his sanity?
Mr.. Howe-There are witnesses in court
who will swear that Mr.. Train is now per
fectly sane.
Mr.. Bell-Doctors will testify that It i:
not necessary to confne him in 4 lunatii
asylum.
Judge Davis-The case has been disposed
of.
Mr.. Train Dumping to his feet excitedly
Will net your honor hear me?
Judge Dsvis-Not at all.
Mr.. Train-I wish to protest against thest
proceedings. l have had no trial. have
been five months 10 jail. What am to do
remain or go away?
Judge Davis-Sit down.
Mr.. Train (very pale and excited)-Be
fore 90 away | wish to move yonr i'm
peachment in the name OF the people.
Having thus explosively delivered him
self, Mr.. Train took his seat. The seen
for a moment was an exciting one. A
present rose TO their feet. The jury rushe'
from tneir seats. Mr.. Howe seemed t
have lost his usual placid self-possession
Mr. Bell did not know which way to turn
There was no gsinsaying the fact, Trail
was trapped. Fire fairly flashed from hi
eyes as he writhed and wriggled in tn
snare ia which he had so Unexpectedly bee
caught. The coolest man of all was Judg
Davis. He sat perfectly immobile, and tina
broad, firmly set underjsw showed that h
vvOul1 ramaiu so.