The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-18
NEW YORK HERALD SATURDAY APRIL 49, 1s7-rKPLE SHEET

OF the counsel for the accused establishes the fact
that the prisoner did, on the morning OF the 18th
November last shoot ct his vile with pistol
loaded with powder and ball, INJECTING upon ner
q serious wound. The statute provides that no
act done by person In q state OF insanity can be
punished as an offence, and no insane person can
be tried or sentenced 10 any punishment or be
punished for any crime offence while be con-
tinues In such state. There Is no pretence that
the prisoner at this time and during this trial Is or
has been insane, and the presumption Is that
every person Is sane until the con rary appears;
aside from this the testimony OF Dr. Clymer, called
and examined as q witness for the defence, shows
ruary last made medical examination OF the
prisoner as 70 his sanity at the Tombs at the re-
as the result OF such examination declared him TO be
sane. The defence ofinsanity now interposed ts by
tes and to such an extent has IL been res0red to,
and In so many cases successfully where the pub
that it was wickedly interposed and corruptly
sustained). that strong prejudice has been
worked in the public mind against such defence,
and, as an eminent jurist has had occasion to OBJ.
serve, had produced in courts and juries dispo-
sition to receive 1t with extreme jealousy and
scrutinize u with pralseworthy caution. 1t Is
true gentlemen, that the plea OF insanity has In
some cases been adopted as cloak for crime and
shield against the consequences OF its perpetra-
tion; but 1t Is equally true, as asserted by the
same eminent jurlst that many more persons
have been unjustly convicted when that defence
punishment for crime when their unquestioned
insanity should nave been an unfalling protec-
ton. The case presents sad ana distressing
picture one from which our nature revolts; but il
has become your duty to sit in judgment upon the
FACTS and under your oaths and the obligations en-
joined upon you to calmly review the testimony
and, taxing from the Court its instructions as to
the law which should govern your deliberations,
pronounce your verdict. The inquiry to be made
by you under the rule OF law as now established Is
as 70 the prisoners knowledge Of right and wrong
Ornsumad a Auff7cipnt
gree or reason to be RESPONSIBLE for his crimes un
til his want OF sanity shall have been proved to the
on the ground OF insanity 1t must be proved that
at the time Of committing the act the party &C
from disease OF the mind, az not to know the
nature and quality Of the act he was doing; or, II
We e with aI snd he nsS t
prisoner. at the time Of shooting his wife,
Sufficient degree OF reason to know that he was
dong an act that was wrong, or was he laboring
under that species OF mental alteration which has
satisfied you that he was wholly unaware OF the
was commitlings In the case OF Abner Rogers
Chief Justice shaw, OF Massachusetts, laid down
tne rue IN tns man Is not 20 Dc ex
reason SUFFICIENT to enable him to distinguish be-
tween right and wrong as to the particular act
ness that the act he Is doing is wrong and crin
nal and will subject him to punishment. In order
memory to recollect the relation in which he
stands to others and in which others stand to
him that the act he is doing is contrary to the
PLAIN dictates OF justice and right, injurious to
duty; on the contrary, although he may
still understands the nature and character
Of the act he Is about to commit, and its
wrong ana Criminal. and mental bower sufiicenI
to apply that knowledge to his own case, and to
know II he does the act he VIII do wrong and re-
celye punishment such partial insanity Is not
sufficient to exempt him rom responsibility for
any criminal act" II, then, it is proved to the sat-
1sfactOn OF the jury that the mind OF the accused
was in diseased and unsound state, the question
will be, whether the disease existed to so high
degree that lor the time being 1t overwhelmed the
reason, conscience and Judgment, and whether the
prisoner in committing the homicide acted from
an irresistible and uncomfortable impulse; If SO,
then the act was not the act or voluntary agent.
but the Involuntary act OF the body Without the
concurrence of mind to direct it, Now, gentle
men, IT becomes your duty to apply the rule have
case and thereby test his mind and legal account
ability The question Of the present sanity OF the
deliberations concerned. The only question Tor
your determination Is What was the state of his
The prisoner is not to be either convicted nor ac-
Quilted upon the speeches of counsel nor
dis sympathy for himself s
he be convicted because public policy may de-
manded example to deter Others from the conmls-
case you are permitted to find one OF three YER
diets namely Ill you shall believe, free from any
reasonable doubt that at the time OF the shooting,
the prisoner being sane and his mind in a normal
rational state, and sufficient degree OF reason to
know that he about to commit act that
was wrong and criminal did with lelonlous intent
and premeditated design shoot at, and with ps-
tol loaded with powder and ball, his wife. IDA
Maud Templet0n, on the 18th OF November, 1878,
with intent to kill then such will be your verdict.
And now, gentlemen. If you, after careful review
OF all the testimony which Is claimed to have
established the fact that the prisoner was insane
at the time OF the commission OF the act OF shoot
Ing, ana you are satisfied that such was the fact.
II, on the contrary, you shall believe that at the
time OF the commission OF the offence that the
prisoner knew the nature OF the act he was about
to commit, that he then had SUFFICIENT degree OF
reason to know that he was about to commit an
act that was wrong and criminal, and did, with
falonous intent and generalization, shoot at his
vile, with pistol loaded with powder and ball,
with the intent to kill his wife, and. having no
reasonable doubt OF the same, you will find the
verdict OF guilty OF an assault with pistol loaded
with powder and ball upon the person Of Ida Maud
gentlemen, that you shall arrive at a conclusion
that the prisoner Is not guilty upon the ground of
insanity existing at the time OF the shooting, you
VIII find this verdict:-Not guilty, upon the
OF the offence.
THE VERDICT.
After an absence or fifteen minutes the Jury re.
turned with verdict OF guilty OF an assault with
mercy Recorder Hackett directed the prisoner
to be remanded TILL Monday. Templeton exhibited
some emotion at the verdict, but remained quiet
so lar as physical demonstration was concerned.
result.
LEGISLATIVE LOBBYING.
Two Widely Different Stories, but with
Several important Underlying Morals
Impugning the Characters Of Ex-State