New-York tribune., 1874-03-12
IHE COURrS
THE EPILEPSY DEFENSE.

THE EPILEPSY DEFENSE.
END or THE KING MURDER TRNo-THE CLOSING
ACCOMMODATIONS BRADY'5 CHARGE
The last day in the trial of James G. King
or tho shooting and killing OF Anthony + ONoHl IN
PIne-st on Nov. 49, 1872 came mp yesterday IN the
Court OF oyer aud Terminer, and the interesting pro
ceedines Of tho day cnlmDated in the evening IN
the usual exciting and anxious attending the
waiting Tor verdict The day mostly occupied by
the summing up OF Mr. Beach .and District Attorney
Phelps which lasted until p. Then Judge Brady
dey his charge. which only occnped half an hour
end was a carefully prepared, and clear statement OF
the facts in the case aud the rules for tho guidance OF
tho Jury The Jury out from until 7:l3 D. m,
when they returned for instructions In regard TO the
different degrees of murder and manslaugbter They
inquired particularly as 10 whether they couid nha
verdict OF murder in the second degree ana hOugh TINS
was explained consist IN tho crime OF Killing WIN
"A dangerous weapon while In the commission OF
felony, tho general impression was created
among the spectators that the trouble With the jury
rested on the question OF capital punishment and it was
remarked privately that jthey hated 10 punish man
with death for shooting the alleged seduocr Of his Vile
Jndge Brady frankly told them that they had physical
right with emphasis on the "physcal') to hnd any
degree OF murder pansaugher hut that on the eV-
denoe they could find him guilty OF murder IN tue
second degree and In his charge lie made the same re-
strction with regard to manslaughter la the nrs' ana
second degroe. prdCtlcaIF Ieil tue "P""
murder in the first degree manslaughter III the third
or fourth degrees, and the jury retired asau expressing
their full understanding OF this point.
Through the day King the prisoner, sat, as he has
during the entire trial. selfpossessed and perfectly
calm This constant indifference rs 1t almost appears
haa excited than the remark by bystander
He is the coolest man saw" When the jury re-
turned for Instructions and before they hal announced
whether they had agreed he manifested DO apparent
emotion Of any kind
When the Court opened in the morning, Mr.. Beach
resumed his address to the jury citing numerous ex-
tracts the opinions Of judges as to the effects OF sud
den frenzy OF passion especially of jealousy rs an
element OF the defense The proof OF hereditary tant
in Kirg was commented upon showing the strong
predspostOn insanity existing in the prisoners con-
stitution and showing in accordance with numerous
opuious on the subject which he cited that he was
able TO bear up against adversely, and that insanity en-
sued when the terribly exciting causes accrued MI
Reach Also read from a new medical work epilepsy,
which states among other theories, that The most des
perate homcdal impulses found connected with ana
resulting FROM epileptic faint ami that the homcidal
mania sometimes takes the place Of the epeptc attack
A recess was taken the conclusion OF Mr Beach's
cumming up and when the Court reassemblod hr
Phelps began his address He disdained 10 follow the
path Of personality and assault IN which MS opponent
had ft walk, but stated quietly that tue Jury
we're 10 Judge Of his character DstrctAdOrney
not BY what the counsel nad sad but by MS conduct
during the trial, which they had all witnessed He
stepped asde from this position OF indifference, however
to say word vndcaton Of the gentleman whose po-
stion IN the case OF his seeking and whose
character had been unjusty aspersed INF Dhpignae,
formerly Kings lawyer Mr.. Phelps then reviewed the
evidence, answering Mr Beaens quoted opnlons WIN
argument or counter opinion OF some authoTlty' ne
ead there no evidence whatever that Mr,; KING
lived from I'm proper motives She left her house be
cause OF ner wrongs aud with the personal and pcnn
ary aid Of Mrs. ONel. The speaker passed rapidly on
in the history ,of the lawsuits mentioning
Kings readiness 70 eXtncate himself rom dlncuiE
y means pistol the circumstance testified 70
the tral, of Kings having once shot his fathernsw
King unsccusomed, Therefore TO deeds OF Nio
ence as in his desire for instance, 10 hgt duel aud
hls struggle with the constable at Turner's station
There the fact Of his carrying two Derrlnseis IN MS
had better NOT crowd him too far" Here the
counsel held up the fyeshooter with winch tho
changing from two one -bdrreed pistols 10 tve-bsr-
relied one. which would be more convenient and carried
more lives. Mr. Phelps said that the remark
able for conspicuous absence of the proofs OF Kings
insanity either by his servants counsel or friends He
condition OF the uncle aud klng himself and
argued that while epilepsy was someEhlng
insanity Itself lie quoted the opinion OF
Judge Davis in the Wsworth case IN which the epi,
lepsy defense set up and where tue Court ruled
tha # the prisoner the probable consequences of
hs act and nat II was forbidden by law be was answer
JUDGE BRADY's CHARGE.
Mr. Phelps's address lasted an and 80 minutes
and after few moments OF hesitation Judge Brady de-
yered the charge tho most important points of which
are reproduced below:
The killing OF the deceased by the prisoner Is CON !
ceded and II the instant OF hrIg the pstOhOt the
intent kill existed 10 Is enough, and The crime ~ ac
cOmplshed. The facts Of the are The alleged |
hostility Of the prisoner 10 she deceased their contro-
yerses the threats OF the prisoner the circumstances
immed ately preceding and those attending the homi
eide which Include the weapon employed; the number |
OF shots fred aud the relative positions OF the men.
these necessary elementS eXlstf Docs the evil
cenee satisfy you that the deceased was killed BY the
and k. ed Intentionally The answer 10 the
charge made against the prisoner IS that whatever his
oaepse may have been IN whatever manner II w's com
mtted he responsible, because az the tine be did
IL he but on the contrary Wac nsane, in
that condition OF mind which IN the law regaIded
and perfect legal response TO the accusation
ade. 1t incumbent upon the prisoner 10 prove H.
TINS arises from that presumption OF law which
presunes sanity be the normal condition OF men.
To establish such defense 10 must he clearly proven
that the time Of committing the act the prisoner
aborng under such defect OF from disease of
The mind not ~ know the nature and quality of the
act he dong, and that he did not know lt Vas
wrong. You will perceive that the propOs ton wolves
defect Of reason resulting from disease OF the mind
and when this condition really exists the lsv absoves
Lhe transgressor Whatever may be said of eDotonai
insanity which s sand ~ be arrangement Of TIE moral
~ distinguished from the mental faeuiSes, o. !
'r irresistible impulse, anless the Ao's sr,stepee
.re attributable defect from disease OF the
mind, IL has no substantive place IA the law o.
The inda gence OF wicked Impulse or passion, Ws.s,
II Jealousy, hstycd, malice or revenge 10 tno ~
pre- udice Of another attended with the iesa oo
luences which the law imposes, and u Is no s w. | :
1hen the wrongdoer called upon 10 submit 20 Va.
has his Impulse emotion or passea w~ %~"a''''