The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-03-12

the HI group asS With unerrng aim Dire shot after
Re had p@ssss h sn
5sSla e M
ss s5sss III n
hsf 70 hs sdafa s a R
ws he uS 1u.s he the ss act h
but Re orn % s s
b. him
SsfA AS
sas the MIN NShas
y erns unity in ns eSsue Of Of s @
II hs Of s Of as
laid Os b ess s n s M rhsp s SSps
s the
her and from her arms or the twin babes orphaned be
saas
Honestly and Justly with this cause may you be dealt salt
with Justly yourselves s,aS a hour md thirty ,rna.
iie a'u'sS' 'A''s CHARGE ' TO Tns Iuas N''A"'''
Hdss
IN ne s Ss Only
6r seop m its the involve his
%ass Sasas ss.sop sTs!aSlss
regard to consequences Such IS The Obligation Of your
.dsaa aHa hs e sa % I
81 's must he d
BY s Or .aSSsy 81 l1 wa
= in
degree and that offence Is composed of two elements
Wits k rsse m eng
90
ri $%s 'hs ass;h instant
existed, il Is enouah; the crime IS accomplished. The
ss III aaf hoy Of the 10 III. d.
their sSStr0ysSss; threats pysSnss
weapon ans s
Pdss e ns Ct 'd us sa sas sdssS
,Sss vol The
these the necessary esme exs poas he Evidence
nd ss Se aea % sep
made against the prisoner is that whatever his offence
he not responsible because at the ms he aid il he
the com
ee and ibs to the made
Ina, ws h 70 make
pressmption Of law winch S that sanity. Sanity IS
and the presumption, when to be overthrown,
s 81 10 aS s Msq be- sasH the
M the time the act the labor
mind as not n to the nature and Quality The he
that You win a ad the
sSn ss ss rsa he a
absoyes the he Is held to be rrespons
Justly for h;
moral DISTINGUISHED from the mental facul
Which to It's eastenes
% 70 IN he aw IS Of
sanity the Of wSsed impulse or
unlawful prejudice Of another Is attended with the t.
to the lay that his impotence emotion passion
the
ar that SHALL do
sq1aS snds ss ass TIE
on Subject. object view with me to present.
h1e &
ton should proceed to the consideration
At t the sss
The On p
" ny {
1s 81, '
oyerthrow Of the prisoner mlnd as andersan them
81 int Sr.sas4 Y Rs pps % e saS
IF w M sSa Sa r h Ssr
kaIamo1r These results, with The attendant insIdspts
s YSsn
4sei ana guilt Asss are and os 5a;
sisys aSa sa asn sy As
wnat a hsy to
astn 'Sf
vince ebe disposed q after nl and faithful discussion
value the elements thus presented, value which de-
sSeo
to
Has ss'Rs % ssaaqSs f
bond ior Townsell's beration his statement ana
men Of saions the manner in which they the we're init
atsd the papers N reference TO them his conduct when
rssenesd ye during the day Of the
great viii resoect that on
E OF Of ri rew q e %se sn TO e
the to attend on
vi which he aaid u it, nine o'clock in The morn
and he Mr. vanderpoe having the same object tI in
for the adjournment being good Onethe engagement
s sa IN no The You win also
to counsel and saw counsel afterwards that day.
the prisoners INSANITY How potent You may
them how controlling or convincing in your delibera
that they are elements Witch demand yom attention.
Se The Of qSds ana
na h w
racy the results OF study experience ana observation
or a sdRssis the most
part Of all the elements which contribute osve
which of these gentlemen entitled to superior ere,
dence and weight and which had better opportunity
to judge Of the subject In answer to the question: by
the prisoners counsel they stand opposed other
Whaeyer be vou on this subject the evidence
OF neither is necessarily conclusive be considered
IN with the rest OF the proof 1t upon the
testimony OF all the witnesses duly considered that
sa he not on
anger, from malice from jealousy the spirit
revenge he did that deed, but whether, when
he did it, no matter from what impeling cause
he insane within the recognized law relat
ing to that subject, and already explained you Ii the
deed prompted BY passion which controlled
him but not the offspring OF unsound mind, OF
defect OF from disease of the mind he Is
sponsble Was the conduct OF the prisoner after the
dome site troubles began irrational or rational Wasit
other than would have marked the bearing and would
DC the manifestation OF man in trouble suffering
from the anguish which such domestic discord would be
likely TO produce Was Il such as the circumstances
In sensitive nature, or in such that OF
prisoner he is described These are pertinent aues
tions So also whether the manifestations OF the pris
0ner relied upon 10 demonstrate the pros
tration OF his reason continuous whether
occasional prolonged These questions which may
be asked and should De answered in the consideration
this also, whether from proper estimate OF all
the facts 1t is that he believed In the crimnaty of
his wife with O'Nei, because this is prominent subject
In the group OF exciting causes Gentlemen, 1t my
duty to say that you entertain reasonable doubt OF
III