The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1879-01-29


evidence tends to prove), or an hour before,
or even at the time, it still would not be |
sufficient to raise q reasonable doubt as to
his sanity at the time the deed was commit
ted. Such a view would be plainly erro-
neous. The instruction is also erroneous
because it directly states that certain evil
dence which Is legitimately before the jury
is not sufficient to prove certain fact. or
raise q reasonable doubt of a certain fact
What evidence proves or tends to after il
has gone to the jury is question solely for
the jury to decide, aud il is error for the
court to interfere with this decision upon
the weight of evidence by an instruction.
Nor do we concur with the views of
the State that the instruction. IL OBJ
jectionable could be corrected by other in
structions which are not Objectionable. We
do not find any other instruction given in
the case upon the question of epilepsy as
tending to produce the disease of insanity;
add We have frequently decided that an err
roneous instruction can not be corrected by
an instruction which is not erroneous unless
the erroneous instruction be Withdrawn. The
following authorities support our views: I'D
Ind, 2iT; &c Ind. 1856; IL Ind, 466: IS
Ind us; AS Ind, 163; 40 Ind, 800; 80 Ind.
~; 81 Ind, 2o1; SO Ind. 400; 81 Ind, All; So
Ind 179: i'd. 203. i'd. 2i5; i'd 5s4; i'd. 6ss;
5S ID, 30; 50 Ind, los; sec. 10, art. 1, con-
stitution, Il s 1916, p. %.
Other questions are presented IN the case,
but as they will be opened by new trial,
~.
examine them.
The judgment is reversed, the cause re-
manded, with instructions to sustain the
motion for a new trial, and for further pro-
ceedings.
THE PUBLIC PULSE.
Is safe to say that the public, when this
decision became generally known, was in
dignant. Every man we met on the street,
or in office, had something to say about it,
and he wouldn't generally stop 10 choose
his language either. OF all the men the
writer talked with yesterday afternoon, and
mp to midnight, not one was found who
upheld the decision OF the supreme court in
reversing the case upon slender
technicality. One lawyer remarked
that he had expected reversal.
ANY lawyer" said he, lean. il he chooses,
eject enough error into the record of a case
to carry it to the Supreme court" While
making his rounds Sentinel reporter made
it point to charge his memory with what
he heard upon the subject. and here repro
| duces, in substance, some of the most
pointed remarks made to him, or to Others
/ in his presence.
Whats the use in having criminal
| court at ali?'
IF Guetig escapes, the other two ought
| to be released"
''Merrick has better reasons for new trial
than Guetig, and will probably get one.
Then let the governor commute Achey's
sentence and so finish the business"
Two hundred murders committed In
Marion county and not hanging yeti"
Hanging in Marion county is played
out"
"A mob ought to break into Jail Wednes
day and hang Guetig with the Others
If Merrick gets new trial, too, and they
attempt to hang Achey on Wednesday
Presley had better get the other two out o.
the county"
There will be no hanging Wednesday
florh M frfo l. fh.. 1prsr
will do the same by Merrick, and William
will commute Achey's sentence" (Thii
from a score or more)
ct will be we'll for the supreme cour
judges to DE out of town Wednesday,"
"A mob ought to take the supreme cour
judges out and hang them TO lamp post"
1T Is just as l expected. Hanging i
played out in Marion county"
IF Pat McGlew had any SAND he'd SCI
that Guetig hangs"
} What safety is there In times like these ?
There is liable to be hanging her,
Wednesday, legal or otherwise
abolish the courts Introduce Judg
Lynch, and be done with this fooling.''
Didn't tell you so?"
. whats the use in trying Bolan an,
Tate?"
: There is money in it somewhere"
"Guetig shot that defenseless girl dow
without mercy, and then gloried over hi
deed Why should mercy be shown hin? p
0ucuR WAS Tue mOSL QelllSu Crlme o
the three, and yet they won't hang him."
AcHEy's CASE.
eff there is no hanging here Wednesday
there will be trouble" All these and coun,
! less other remarks were made, emphasize,
J frequently with oaths. They show TO-
plainly the feyered condition OF the publ
pulse. Indignation runs high. and the feve
. will not abate should the supreme cour
| decide to give Merrick new trial
! Thn ~ - -
; creases the sympathy for Achey, sine
his crime Is acknowledged TO be less bideou
than that of Guetig or Merrick, and yet b
gets no new trial. He must hang. So argu
hisfriends and sympathizers. This mornjn
: a deputation, to be headed, it is said, by
: number of prominent citizens. will go IN
body to intercede with Governor William
in Achey's behalf. and ask for a commuts
ton of his sentence to life Imprisonment.
9 All persons having in their possession
. Achey's petition are urgently requested 4
bring them to Washington Hall by o'cloc
this morning.
1t was rumored yesterday that Achey ha
committed suicide in his CELL but there ]
nothing in It. or if there is the iail author
8 ties know nothing of It, Acbey is less les
BILE to destroy himself than either of tn
I Others and neither of them will attemp
{ anything of the kind.
t Yesterday il was intended to -enaov
Acheys cell mate. Baker, to the peniter
tiary, but on Achey's request that he b
ALLOW to remain until after Wednesday
: the intention was abandoned.
, MISCELLANEOUS NOTES.
The case was to have been argued orall
, before the supreme court yesterday fore
noon, but by agreement of attorneys tn
argument was dispensed with. 1t Is under
stood the decision will be rendered thi
morning at 8 O'CLOCK.
t The followins is the form OF the invita-
tons Sheriff PRESLEY hiss sent out TO such Q
4. Will see the execution, IL there is any:
SHERIFrs OFFICE, /
indianapolis, Jan. D. 1879. I
You are respectfully invited to be present a
, the execution of John Achey, Louis Gueti
and William Merrick, Wednesday, Januar-
! ~, 1879, at II O'Clock m.
JOHN +. PRESLEY, Sheriff.
Bs-This ticket Is not transferable.
Yesterday the sheriff erected the scaffol'