New-York tribune., 1874-03-12
unless hi, snlecton 70 y = sae result Of defect Of


unless his snbIection 70 10 the result Of defect a
reason from disease ~ the MIND.
The facts upon which tho defense rests numerors
and are contained III tho question WHICH va, pn, 70 Ds
feDdant and TO the latter on mo part Di the people Tho
chief causes leading to the disturbance and mentl
overthrow VI the prisoners mind. as understand them
the hereditary dint of iusaDty the spoplecte
position Of the prisoner has apoplecuS .eznre and
81 ,polon Of hs wife, inidety and mat he deceased
was her paramour These Resulted with the sttehdaa,
detailed In The nnestion referfed those upon Which
the prisoner reos " establish te ruin OF ms assertion
that no suffering from disease OF the BRAIN shci
mtde him Of Ms aeg aud unable 10 under.
stand its nature ana qualify DI NJ Dehsyc tbe ehlrg4
II any, dd they operate 70 sugseft b,s feasoD 70 pro
dBce disease 1f hs mind, render ne him Incapable N
Distinguishing tho difference between right and vrons
sabiect tns ey.dence oi DR. Gray the proc, !,
business tausactioBs down % within few days Oi TIA
homicide disclosed Dy sir Robinson the curon ef !.
bond Tor Townsels liberation, his statement an8 cos
duet Then, Tie existence OF motive me llligdtoas
papers IN reference To them his conduct when s0ggslby
Ms ROyden for her money. his WISH = he c.C0nolod
wife. ms conduct during tne day 81 Do e,feo2e
AEd mere, gentlemen, an --s auesiion y ssesl IN.
psrtsnce. You viii reoeci that on The morning % y.
f5h Of 9He4s;y iLS prisoner geot s 70 ,he 9,s
get some person 10 attend on the ADJOURNMENT u N.
teieTeQce which take place before Jndgt slthsr
land He not only went O see Mr. J0lne. which he dd !.
, ia the morning, but ne saw hun ag4n about noon
aud he saw NJ FiouorpOei. niyih< tIe sane object
yiew to obtain 40 adjournment ~ ms reference tns
SOn Of the HiIOufDmeDb DSlhk - gDOd
eugagcmcnL Of his counsel in another case You giI
doubtless also remember that after the bomcds he er
pressed "A wish counsel. aud saw oounSs after
ward ON that day These idcts ana circu rea
to the question OF the prisoner insanity u The deed
tne offspring Of an uns0und mind Of neiee d
from OF tae mfud DC is responsible Ma
the conduct Of t1e prisoner. amer tue domestic toaJs
b, gan, irrational raOna Was II other than sOuA
have marked tnc bearing and would be the maniisstt
tons Of man in trouhie or suffering from tne anguh
which such domestic discOFd BOuld be- key prD1ueef
These are questions which may he abkrd and should "a
answered in tue cOnsiderst IN Of this case also wheth
trOm proper estimate OF dii me iacs u ~ tl tat -
believed The crimnAlity Oi his wife with O'Ne. le
cause this ~ prominent su0ieet IN the group oi eI
citing causes. II you entertain a fhssonaDo 0olbt n
tho guilt Of the the whole case, INCLUDING
the defense Of insanity founded not on sympathy q
passion but upon the evidence fslry ava lmpartay
examined. the prisoner Is entitled To the Ooneut J
and you sAOud oxtont 10 90 hiD. itmate. nOt gnetr
the charge Of adultery tru0 or Rot n le dsien1la
believed II 60 be true aud tended 20 nnscat his ras
eithor solely W Ia coulunctId Nih other caueA
turrtde the crime OF adultery may be-hOWcyer las
| tar1y the violation OF confidence 10y man IN III,
rC5pec-ho does not sacrJe nis lie by the law VI as
ate nor does the injured husband acquire IN rghtn
shay him. The roineuy whch the iaW provides mast -
SOUGHT The Injured husband may PROSECUTE the ''igcsf
aud Obtain divorce. The welfare OF society. tue ssfsy
the citizen, the existence Of the slate t,- 9rpeYd
upon thls principle. Yol must OBEY tue law IN iOH
conduct urors, taking for your guidance ih' prGs
pics which declare must be fOr yOur government
TIE JURY OUT.
TIE charge OF Judge Brady Vas con'indci At D. m,
aud the jury immediately retired. For three toun,
curious crowd waited, some ia their seats and soss
wandering about tho room. Their patience wls.fe
warded 1913 y. m, by the rcapp"arlnce of the uy
men who filed into thCir seats. followed by the arx0u
eyes OF every person ia the 1bey bad Ouli
foe instructiOns however, asking for full eApansas
of the different degrees
Judge Brady replied Murder In the first degrees
of two elements the killing of person Eih
a premedit itaLed design TO Kill II The intention 10 kHs
formed 90 the instant the deed ~ committed u q
enough 10 the law. Man-laughter IN the third degroe
the killing Of another ia the heat OF passon without
design 20 effect the death, by dangerous weapon,
where not jasliiiabe. The difference between murder
and mansaug ghter is that, IN tho former Intention
lists, and IN the latter, not.
The fourth degree was explained briehg and
ing witnln their province and wheu The Jury not ycI
atl,ed wanted to know IL they could ind verdict
any other degree Judge Brady repeated ths portion u
his charge about their physical night 70 hnd 90 murder
in the second degree although they bad no rgt on
the evidence and with granddaughter IN the al and
second degroes The Jury retired again, and returned
IS minutes later TO assure Judge Brady that 80 reA
variance existed in their opinions that 10 Wa lmDOssOs
for them 10 agree. The foreman said thlr Wih y'I
emphatic shakes Of the bead, aud al the Jurymen 0ad
come in with Oyercoats prepared 10 retire 10 lhei
homes The cool reply of Judge Brady asionsled tbl
Said he. "Gcntemen. au not 40 all SATISFIED, ana saaa
keen YOU together for long time, uuf yOu nave ava
this case a thorough DISCUSSION. 10u may retire lxsm
The jury did not return again during tho evening d
ar iOJo, the clier adjourned the CoaF' uut iE~ as