The daily gazette., 1878-05-13
Our County Court.
CASE REsUMED-ABLE ARGU
MENTs FROM THE CoNTENDING coUN-
sEL-CAsE GIVEN TO THE JURY
HEY sENTEHCED-EvENIN
SEssION-JURY IN THE
THOMAS CASE
COME IN.
New CASTLE, May II 1873.

COME IN.
New CASTLE, May II 1873.
The proceedings in the Thomas case
succeeding those published in our late
edition of Saturday are as follows:
AT the conclusion of Mr.. Pennington's
| opening, Mr.. Gray occupied the hour-aAd
| a-half that elapsed from that time up TO
the noon recess, by citing authorities
and reading decisions in cases where the
plea has been insanity, for the informa-
ton of the court.
Upon the court re-assemblng at three
o'clock Mr.. Gray spoke somewhat as
follows:
There exists feeling, deeprooted
prejudice against the plea Of insanity
when offered as palliation for crime
as awful as that under which that man
stands accused; but Notwithstanding this
feeling among the people l have known
in my experience several instances where
persons have been tried, and acquitted
too, upon this very plea, and that too, at
this very bar.
Since / have looked into this case and
discovered the facts / feel that my re-
sponsi Utilities have increased hundred
, fold; and in view of this responsibility l
am fearful that one word wrongly spoke,
one thought wrongly uttered, may work
anirreparable wrong to the man forwhom
i have undertaken "a defence; and l feel
that some other, more fitted and more
capable than / shonld undertake the
duty that has fallen upon me, because
, am permeated through and through with
the truths brought out by the defence.
| am not standing here the defender of
dangerous theory; this is no trumpet
! up charge-no finely wrought or high
toned creation of a hereditary taint; nay,
for the facts point out boldly that the
fatal blow for which the prisoner is ar
l raigned was not struck by reasonable
creature. That is all 1t comes down to
that and L might at this point with all
v confidence leave the case in your hands;
but my duty forbids.
j would relate standing as the prisoner
before you, the dark picture of that
home which my learned friend has so
eloquentlv depicted. How that home,
/. once so happy, had been destroyed, how
the hand of the despoiler had entered its
portals and wrecked forever the happy
relations that there existed; how things
s had gone from bad to worse until this
D poor man, most unwisely, sought refuge
- from his sorrow in the alluring path OF
- intemperance; how at last the happiness
: of his life and that of his children had
f been wrecked on that tempestuous sea
!, Poor little Nellie gave you a little
= glimpse of what was the state of that
u home That home for a week had beer
J. a seething, boiling he'll! 1t had been the
II scene of the bebauch of that poor wo
). man, the wife of the unfortunate prison
er, and himself She had been away
It only TO return for articles of clothing
"a that she might pawn and thus ras'
" money to buy that which the cravings o
81 diseased appetite demanded On Thurs
es day DR.. West found mm rolling on his be,
IL a raving maniac and on Friday he foun'
him much better under the powerful
o. treatment he had administered, and a
lg his own request the prisoner was allowed
to 90 to work.
My learned friend, the Attorney Gen
eral, would fain make you believe thi
TX was the last of it. The testimony of tn
re little girl tells you otherwise she tell
H. you that when he came home at hy
~ O'clock he was trembli ng with the di'
:" ease and she also tells you when h
ne went to bed he was muttering and ravin
of with insanity. The hands laboring III
tb der him all testify, and their testlmon
VI corroborates that of the little girl. Whe
IL he got home she said he was worse /; ths
tn she had to speak to him two or thre
pa times. While in bed she sees him tossin
-. from side to side under the influence {
''U that dread monster that clutches hi
ed brain, raising and raising until his whol
Ir. being is under the control of the tient
"a and It is under this baneful influence tn;
he cuts the throat of his wife. Oh
OF no, that was not the man William Thon
by as--it was this demon of insanity tn:
il possessed him, controlling him and hol'
90 ing him down.
Vi DR.. Ogle, who saw him almost as 500
as he was brought to the hall, and b
tells you that the man Thomas was Il
sane. That is not the opinion of one i
10, capable of knowing, but the verdict OF
I man who has had years of experienc
tne and you will have to believe him. III
O. wounded man is brought to New Castl
Ter and Drs. Ogle and Maxwell observe hi
.n., a. As1 llnf
to disease was on him notwithstanding Il
treatment of Friday before and was
much so that he, DIR. Maxwell dare n
'Ih enter the cell where he was. Need
W. have to go further to prove to you tn
ur- the man was not sane in his mind at I'll
of time he committed that violent act?
by might stop here and leave the prise
ner In yolr bands, the proof is poslti'
ON and gentlemen, not only DR.. Ogle, mo
'en Intelligent witness, whom you cam
4os help but believe, but we have brougf
es- not two, but five of the most promine
IKE physic clans known In this communit
to testify; they who have reputatit
,+ at stake and who have no perso nal i
,an terest in this case, all of whom SPEAK
on accord.
'ro % The speech of which the above
tsr merely an extract, occupied about
sss hour and half in its delivery. IL
iis' Attorney General on the part OF 7
m
ON said:
om Gentlemen of the Jury-I don't pl
, II lsume that there is a single person In 81
Sha room, unless perhaps 1t ean be the prl'
,,ao ner himself, that would be gratifying
would be more agreeable to, than
would be TO myself could in my ofhc
day inrv q owingto the evidence that has be
iess presented to you, IL Is not worth
while to continue the case, and L wou
orts ask of you at your hands verdict OF
held quittal. ..f
ant, 1t is not pleasant to stand before
atis- iury and ask at their hands yerd
which will deprive some poor being
n his existence. have not occupied I
nm position so long as to have lost all !
nse- finer feelings of the human nature. III
FOL position has not raised in my breast su
nm. a thirst that L must have it satial
th. whether 1t be at the hands Of the inf
cent or guilty. =,
But gentlemen, he continued the Il
of defence endeavors o set up the p
lof;,.,n;tv THAT he was not insane