New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-04-18
THE TEMPLEToN TRIAL.

CONCLUSION OF THE EVIDENCE - THE PKisoNh"
FOUND GUILTY AND RECOMMENDED TO Mhhci,
The trial of Duncan ID. TempletOn for ieio-
nous assault upon his wife, Ida Maud Iehpie'o"' ~
concluded IN the Court OF General Sessions yes,y,
before Recorder Hackett and resulted III Veo'o -
lie, Of ashanti with intent kill The addresses Id
summing up by Mr. Townsend for 'he deien'o anu no
sstant DistricAttorney Rollins Tor the proSeou''
were brief as also Recorder HaeRett enargc lho
r, room was unusually full Of spectators du'1ng the
day. -,
The proceedings opened with the presentation OF
letter from Mrs Templeton Mrs Thayer, which was
o in evidence show the jealousy OF the prisoner
1t was excluded. Edward Pearson, farmer, VINO had
known prisoner for several years testhed tnat he
had always thought him crack Drained fellow nervous
wild aud full OF foolish schemes Otcer John butcher
OF the Sixteenth Precinct testified that he watcher the
prisoer when confined in the cell during the night OF
mis- arrest He very incoherent crying ana address,
ing aeconae remarks TO his wife and child as though
they were there He did not appear 10 know the ocer
bat addressed hlm my darling" Twice he attempted
to strike his head against the cell door, but Was pre-
vented by the witness This closed the evidence for the
defense with the exception OF the medical testimony,
which was wihhediunu the prosecution had closed In
rebuttal.
The prosecution in rebutta called Margaret C. Post
Of No 20 Beekmanplace. She testified that Templetoh
visited her the night before the shooting told her the
story Of his wes absence aud showed the letter writ
written accusations of cruelty and nndeity He said
II she did not live with him he would shoot her. aud
would evade the responsibility Of such an action be-
cause he crazy.
Thomas II. Conway, formerly Baptist clergyman,
sonnaw of Post testified That three OF four days
before the shooting he the prisoner, VINO told MN
that he and his wife could apart He often used
threats in reference TO Mrs. Tempeton but always
talked in an ineligible manner except when speaking
of his motherin-law John L. Odhed testified that he
told him OF the absence OF ms WIe anu s,i9 that ne
could not 1--we without her. anu tDat sue ala NOT re-
turn MIN something terrible would happen that he
would have her or die.
Mrs Templeton wife of the prisoner was recalled.
and testified that husband said ne could get out OF
the NewYork Courts upon the plea OF INSANITY ia case
he should attempt to take revenge she should leave
neglect: had frequently slapped her tace when sue
asked for money; sne had borne as much as a wire
ing she and her baby had been left Tor ha DAY Win
Dr. Meredith CIymer was caledlas an expert, and de-
THIS closed the evidence and Mr. Townsend began his
summing up defense. In stating that ms plea
was insanity he sand 1t not urged TO secure the ae-
quJtal OF the prisoner, but to enable MS family 20
length arguing that every portion showed evidence
Of the unsOund mind OF the prisoner ASSISTANT Dsrct
Attorney Rollins, in his argument, defined insanity as
forth in recent TRIALS, and then reviewed the
that testimony and letter showed il 70 be 50.
proceeded with his charge TO the jury Tue DUTY Of tne
Jury was. lie said, 10 decide whether the prisoner had
az the time or the cOinmiS-
SION OF the act 10 of night and wrong The
Recorder mentioned that Dr. Cymer had testified that
snort time after the prisoner was sane.
He defined the law relating TO insanity as defense
against crime and then explained the law IN regard 10
the crime Itself disregarding any INSANITY He said that
the weapon used, the portion Of the body wounded.
and previous threats must all be taken into considera
ton in deciding whether the crime assault, with
| intent to kill. In the manner the second count,
with intent TO DO bodily harm, must be decided
The question for them 70 consider was whether the
prisoner was OF his cts at the time Of the
ofsnse Tie wife had told vi his brutality and neglect
The only testimony OF insanity was that he had bought
bat 100 for him, and That at the carly of Is
he mad fallen 10 love. That he mad told people OF his
family affairs incOherency. Love and anger are
not insanity
AT 500 D. NJ the jury retired. They remained ont
about is minutes then returned with verdict OF
guty OF assault with intent to Kill. They added
Commentator 70 mercy. Mr.. Townsend, the counsel
for the prisoner. not present so with no remarks
Recorder Hacket remanded the prisoner for sentence.