The daily gazette., 1878-05-13


of intoxication. He visited him on the
following morning at 10 o'clock, and
finds him rational, calm, and reasonable,
so much so that he didn't even think
of examining his pulse, but just gave him
a single dose of medI cine and let him 90
to work. DIR. West was capable physician
aud knew what he was about, and knew
whether he was in right conditions; IL
rot, then he didn't discharge his duty con-
scientiously.
He went to work and there was moth
ing the matter with him. He waited un-
I'll the whistle blew aud then twent
to his forge as usual. Presently his fore
man came around and sees him; bat how
does he see him? You have seen drunken
men after they have been on spree,
you have seen them tremb ny, and you
know the difference between maH with
delrium and with a natural state of
mind. Did II startle him? In the shop
at the time he spoke of to this man did
he present the appearance of one in
delirium or one likely to imperil the
lives of his co-workers, handling the
red hot iron? No such a thing entered
Mr.. Johnson's mind.
Mr.. Pennington goes In to review the
testimony Of the keepers and
that of those who saw him in the
street and shows that there was no foun-
dation whatsoever for their opinion that
the prisoner was tout of hls head"
He came home, he continued; little
Nell tells you he came in bling. She
says to hin "father what will you have
for supper, will you have an egg some
toast and cup of tea?" He says "yes"
snd sits down to wait tor his supper.
He goes to his room after supper. He
did nething that far to show a return of
the deliriun, or to show that his mind
was wandering away. His wife goes to
bed aud they begin a conversation in
which he accuses her of infdelity &C.,
tosses and turns; does that seize a man
with delrium?
No, gentlemen, it came cut of the result
of an intoxicated person.
Any insane act yet? anything to show
that reason had been dethonedY No not
one thing. The quarrel up stairs is con-
tinued, and he gets the razor and cuts
his wife's throat. The argument and
have had some foundation had the pris-
oner stopped there. You will remem bsr
that DR.. Maxwell told you that when
laboring under deliriun tremens there
can be no design on the part of the vic
tim, by which his actions may be gov
erned.
l say to him and subject it to you,
what frenzy, what insane dehrium,
what species OF mama is manifested by
an act when a man has done q deed
which he knows makes him amenable to
the law of the community, that he be-
comes cogniZant of the fact and he en-.
deavors to relieve himself from the re-
suit of the punishment?
When he cut his wfs's throat tie pris-
oner knew he was amenable to the law
and to God, and to rid himself of that re.
suit he cut his own throat. His
own act said 30. His words said so
Was there sign OF dethronment of the
intellect in tho words "Nell, dear, have
, killed your mother, and cut my owI
, throat; 1 would have been hung any
: how?" ?"-because i am conscious of tht
killing; / know L have done wrong, l
will be- hung for it,
! With these facts presented to you,w witt
! that plain simple statement of mans sA
+, , pressions acknowledging the CONSCIOUS
! ness of the act you cannot say he was no
guilty by reason of insanity.
Mr.. Pennington continued in the sam,
: eloquent manner, reviewing the testi
, mony and endeavorng to show the foil.
. of basing plea of insanity upon such
? weak foundation.
= About 7.30 o'clock the judge charges
= the Jury. He alluded to the brilliant OF
!, fort of the three counsels who conducted
: the case, and addressed them at larg'
/ upon the plea of insanity which has beei
SO ably set up by the defence and as abl.
II rebutted by the State. At six o'clock o
y few minutes after the jury retired.
John Hey for committing an ass aal
Z upon Mr.. Kane with intent TO kill wa
u sentenced to $500 fine, one years imprls
. onment and on Saturday next stand /
i, the pillory one hour.
!, AT about 6.15 Court took recess.