The daily gazette., 1878-05-11
FIFTH EDITION.
OUR COUNTY COURT.
THE MURDER CAsE--THE TESTIMONY
ALL IN-MR. II. n. PENNINGTON
OPENS ON BEHALF OF
THE STATE.
NEW CASTLE, May IL, 1873.

NEW CAsTbE, May IL, 1870
Court assem- bled at 10 O'Clock. Judges
Comegys, Houston, Wootten and Wales
on the bench.
The case of Thomas for murder was
resumed.
DIR. Maxwell, of New Castle, was re-
called, (he having testified last evening,)
testified that detiriuna fremens is a pathol-
ioquent condition of the brain a condi-
/ ton that is developed after drunkenness
Defence-Do you think the prisoner,
at the time of the commission of this
deed, was capable of knowing right or
wrong?
Witness-Don't think he was capable
of distinguishing thus.
Cross-examined-Do you know wheth-
er he was in his own mind able to deter
mine right from wrong?
Witness-I have said he was insane,
and an insane man is not capable of
knowing.
State-Do you think he could not de-
termine that it was wrong to kill?
Witness-I do, sir
State-What may we look for as being
the exhibition of insanity in this case
Witness-His reason becoming de-
throned by disease, he becomes subject
to hallucinations which are unfounded
and unreal.
State-In what manner would he man
ifest any such actions, or would he,
while laboring under this condition of
mind be capable of doing any act which
indicates calmness and deliberation?
Witness-Yes, sir.
State-Do you think there is a degree
in this form of insanity in which the vic
tim is capable of knowing right from
1 wrong?
Witness-The disease Is paroxysmal !;
one moment apparently rational, and
the next under the influence of the evil
effects of his own course.
State-W man in the condition
you have described become conscious of
having done a wrong act?
| Witness-I think it possible.
DR.. Black, sworn, corborated the above
| testimony
| Jas. T. Whelan, police officer at Will
mlngton, testified as to having been pres
| ent when the wounds of the man were
attended to and spoke of the apparent
rational state of the prisoners mind; testi-
| ned as to having heard Thomas say in re-
ply TO remark made by hin, that they
wanted to bring him up in order to hang
| him.
| Officer Brickle, recalled, said Thomas
had told him while at the house that
there was money in the house," didn' Z
ask him "where themoney was ?" he said
"in my pants pocket, there are S25 in
there" went and found S24 afterwards
paid 1t out on his order to pay expenses
to bury his wife.
The testimony here closed and Mr..
Pennington began his argument. He re-
viewed the testimony of the witnesses
and especially that ofthe medical experts
saying that only two of them agreed upon
the point ofthe rational state of his mind
Even his fOrman himself said that he
would not say that the man was not in
his right mind. Drunkness is the most
horrible curse of manhood and of the
thousand manias that insanity produced
| by drunkness is the most horrib Bile. You
should be aware gentlemen that an act OF
yours might Hood us with crimes, that
we would never be able to see where the
end would be.
1t was the keen feeling of remorse, the
sorrew for the guilt that wrrnched the
cry from his stricken conscience II shal
be hung anyhow" Though their Honor.
may say Thomas was not an accountable
being, you must not be judged by this
you must form your convict. on from the
testimony adduced from the witnes.
stand. The doctor, his attending physi
clan, on the witness stand said what
. He said he would not expect return OF
the disease for which he attended him
just following this came the opinion o
another doetor that he thought the dis
ease would return. Who shall decide
gentleman, when doctors disagree. Mr.
johnson SAID that he did not mean b,
saying he was not in his own mind tina
he didn't know right from wrong. Tha
Is the very gist of the matter-a man VIII,
acts funny or talks strangely that he mus
necessarily be insane. According to tn
testimony of Edwards he went about hi
work in his usual way while Biney say
III reply 10 a question that he was no
well in droll way. This does not 20 I,
show that he didn't know right from
wrong. d.. West that morning had pro
nounced him rational and had quit AT
' tending him because of his improve,
condition.
Michael Connell saw him in the after
noon, and hG too came here to testify o
the prisoners unsouudness of mind; tina
he was attracted by the "queer manner,
but yet he didn't 60 "A Step out of hi
tracks to see where the man went; am
he couldn't even tell what kind of ha
the prisoner had on.
:. In addressing the Court he ouote
third Harrington, 55l lin the case OF Stat
VS.. VIM. Dillahay, negro, when the de
fence had brought in plea of insanit
to show the jury should determine tn
difference between an act of drunkenness
. itself and an act of a diseased mind.
lie is addressing the court at this wri
ling.