Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-09-22

she had no volition Of her own,
and she had poisoned half q score OF per-
sons without conjunction and without any
apparent sense of the crime. In court the
popular feeling against her was heightened
by the repulsiye plainness and brutality OF
her face. Yet her advocate was firmly con-
vinced that she was not morally Tree
agent. and he rested her defense entirely
nnon that fac. every other fact of the case
he fully and freely conceded. Till that
time it had been the custom of the courts to
dem and of the medical experts whether they
believed the prisoner under trial knew right
from wrong, and on the admission OF such
belief Jurors were charged TO ind accord
ING TO the facts. Hayes took his stand with
the humaner science upon the higner
ground lie studied the whole subject OF
insanity in Its relations 10 crime. and among
the desultory memoranda CT his diary IS
massage that seems to have formed the hu-
clers Of his argument: DR.. Bell. OF the
Mclean ASYLUM, testifies, consider that
insane persons generally know the difference
between right and wrong His argn-
ment made vivid impression upon the
iury and the public. and gave him name
and fame at once. He seems 1--WE infer again
from the data mentioned) to have told the
| iury the pathetic story of Mary Lamp, I'm
nelled against her own will to Kill her
| tsther aud mother, and adiured them to see
| tho MARTY between her case and that OF the
wretch before them. - Awful as are tue
| tragedies which she has been the lnstru-
ment-as believe, the unconscious lnstr1-
ment-of committing, their horror SINKS
! into insignihcauce when compared with the
Solemn and deliberate execution, by reason
ing. thinking men. Of such being as she;
ON the subject OF insanity have asked
more than is sustained by the weight OF lu-
| dicial opinion even in this country. But
suppose that when the facts ana principles
| of any science cCmc ~ be 50 well estaDIlsh-
ed that they are universally recognized and
adopted by the most Intelligent as well as
| the most conservative members OF the pro-
! fession which deals with that science. II IS
| in strict harmony with the expansive anu
liberal rules OF the common law that courts
should also rcc0gniz, and adopt those fscts
and principles. The calamity oil insanity
is one which may touch very nearly the
happiness Of the best of our citizens. we
| ali know that in some of its thousand
forms 1t has carried grief and agony IN,
speakable into many happy home ana
We must all wish to sea such rules IN re-
card TO il established a. would satisfy an
Intelligent man if, instead Of this friend
less girl, his own sister or his own dangh-
ter were on trial And surely to establish
such rules will be d most noble achieve
ment of that Intelligence and reason when
God has given to you but denied to her
whose fate Is IN Your hands.
In spite Of the sober eloquence and the
logic Of his plea, the glrl was found guilty
on the old grOund,that II she knew right
from wrong she was arsweraDIe 1Or hel
crime. lie applied tor writ oil error, ana
the question was reserved Tor decision IN
the Ohio Supreme Court, before which
Hayes appeared in her behalf, IN December
1858, more than year after the conviction
Ii was IN. first case in the Supreme Court
and all those who saw and heard him testi
iy to the modestY as well as the ability with
which he managed it. In that day 1t wa
the custom Tor lawyers arguing before thai
court 70 take their places at q certain table
in the centre OF the courtroom. Ii Is re
lated by one Oi the eye witnesses that Haye
laid down his papers on a desk IN one corn
, er and began 10 speak. As he went on
the c .o-eneSs and clearness OF his argumen
/ fixed the attention OF all. Presently one o
the indge~ interrupted him. q" Mr.. Hayes,
he said " the court is DESTROYS not TO lost
- a word OF what YOU are saying. VIII yo'
Z | be kind enough - come forward 10 IN
, table IN the centre OF the room IN
young advocate finished in triumph plei
/
| every listener by IT. profound pathos- In
decision Of the court established point t
which all similar deiences for insanity hsy
: since referred and must refer the motioi
I for new trial was granted. Bat new
| trial did not take place. An inquest o
lunacy found Nancy Farrer of unsoun
mind, and she was sent TO an asylum. wher
she died few years after. On the da
\ when the result Of the inquest was reached
HAYES recorded the fact with modest satl,
' faction, and his usual temperance of state
D., ment ami we cannot better indicate IN
. effect uponthimself and his interests tina
I by giving lis own ightt0rward phrase
= " She will now 50 to u lunate asylum
d and - NY ifst case involving lie is ende
= successfully. It has been a pet case wit
d me has caused me much anxiety, give
q. me some prominence IN my profession, an
u indeed was the first case which brought IN
= practice in the city. Ii has turned out iOr
4 tunately tor me-very, and am great
b. gratltied that II Is 50. | argued the case L
e December, '53. before the Supreme Court
T at Columbus. made q successful argument
? The Judgment Of the court below was re
h yersed in an opinion fully sustaining N
: leading positions. The case Is reported /
:, % Ohio STATE Reps, Farrer versus State
} WHY HAYES WENT INTO TIE WAR.
: 10 April Sumter fell. and Lincoln ca
Z for troops came, and with 1t came an end q
all theories. ell -pecuiatiOns beyond tn
d question Of the hour. At Cincinnati, a
n throughout the whole Moth, wild out
;, burst Of the instantly embattled public ser
!, timent answered the call. " shall reve
y forget" nsyes writes, " that Sunday eve
. ming. " when the summons came. lie wa
. himself leader Of the popular enthusiasm
g and wrote the resolutions Of the largest {
d the public meeting held to welcome tn
/ summons " Let what evils may follow
: shall not soon cease to rejoice over TIL
n event.
: Then on the 18Th o! May, in words tina
. seem still TO burn with the sublime impulse
/ of that hour, he records the purpose froI
which be never ialtered throughout Ii
- four years Of war that followed Judg
= Matthews and have agreed TO 90 into tt
:; service for the war-If possible, into ii
- same regiment spoke my feelings
;, him. which he said were his own, that th
- was lust and necessary war. ana that
/, demanded the whole power of the country
that would prefer to so into 1t II knew
was to be killed in the course OF 1t, ratht
A than TO live through and alter it withoJ
II taking any part IN 1t.