National Republican., 1879-09-29
GUILTY OF MURDER.
Termination of the Trial of Stone
for Killing His Wife.
Proceedings In the Criminal Court on sat
usdny- Judge Haynes Instructions ON
the Question of Insanity-The jury
Out but one Hour-The Pris-
onor Apparently indif-
ferent to His Fnie.


Last Day OF the Exhibition.
The Criminal court, Justice lIagner, met at
$3.50 o'clock last Saturday morning. This
early hour was made necessary by the desire
to finish tho trial of James NJ. w. Stone,
charged with the murder of his wife, before
the arrival of Sunday. The counsel on both
sides were in attendance and the hearing pro-
ceeded promptly on the opening of the court.
His Honor stated that ho acted upon the
prayers submitted. and rejected them all. He
had however, prepared eight which he thought
covered the law in the case and also embraced
considerable of the matter submitted in the
prayers offered by the counsel for the defense.
The instructions as modified wore rs follows:
| FiSt-ln the absencd Of proof to the contrary
every man presumed to be sane and to be possessed
of sufficient degree Of reason TO he responsible
| for his crimes; aud II Is not incumbent upon the
prosecutor to give Affirmative evidence Of the
| sanity Of an accused person.
| Sccond-lt is for the jury To determine from the
| whole evidence the condition of the prisoners
mind Mt the time of the commission of the homi'
| eide. rs to his capacity tn decide upon the crimi.
| thc inry believe that at tile time of It's commis.
sion The prisoner was under the influence of
diseased mind. and was really unconscious that he
was committing crime, he is not in law guilty of
murder.
| Third-Tho law does not require that the in.
| sanity which absolvcs from crime should exist for
|
| insane at the time he committed the oicnse
| charged.
Fourth-If the jury should find from the evil
dcuce that the prisoner entertained an insane de-
lusou that the deceased and herss'cr hal by their
conduct inflicted serious injury To his character
| and happiness and shall further lind that his mind
in its other faculties and functions was unimpnrel;
and shall also find that the killed the deceased IN
revenge for such snpposedinjury he would be liable
| for punishment Notwithstanding the existence OF
Flnh--Iftho jury shall believe from all the eyi.
dcnce that the homicide was committed while the
prisoner was insane, he cannot be made RESPONSE
bic for the act by proof Of my previous conduct or
| declarations while he was OF sound mind aud If
the jury shall find that he was insane at that time,
1t is unimporant 10 his defense whether he acted,
| in committing the homicide from cause actually
existing, or from a mere deluSiOn.
| SiNth-ln a capital case the defense of insanity
| Is required TO be made out by stroug clear and
convincing proof, and in this case the jury must
| judge of the evidence offered to sustain this de-
fence, and Of It's effect upon the main issue Of
guilty or not guilty; and ifupou consideration of
all the evidence in connection with the presump'
ton that what man does Is sAnely done, they
entertain reasonable doubt whether the prisoner
committed the homicide charged in thoindctmcnt,
or whether at the time Of It's commission he was in
IL sane state OF mind, they should acquit him;
otherwise they should convict.
Sevcnth-To constitute the crime charged the
accused must have had intelligence aud mental
capacity enough to entertain criminal purpose
and If his reason and mental power, were at the
whelming violence Of mental disease. whether
produced by injuries received or BY some moral
cause not voluntarily produced By himself or by
both or We're so diseased that he had no will, or
conscience, or controlling mental powers, then he
was not at that time responsible moral agent,
and is not punishable for the act committed by
him while in that condition. To be responsible he
must have had sufficient powers of mind TO com
| prchend his relations TO others the nature of the
act and its criminal character. And If the jury
| shall find that he was laboring under partial in.
sanity at the time still he would not be exonerned
IN law from punishment for the act; IL he then
understood its character ana consequences, and
had knowledge that il was criminal, and possessed
mental power to apply that knowledge to his own
case, and before the jury would be authorized tc
acquit the prisoner upon the dcicnse of insanity
they must find that the mental disease overwhelmed
the reason, conscience and judgment, SO that tn,
F prisoner, in committing the homicide, was moved
thereto by an insane impulse controlling his vii
aud judgment too powerful for him to resist, ant
that he acted from an irresistible and uncontrUll
able impulse; and II they so find the prisoner j
entitled to an acquittal.
, mania known as homicidal insanity or an ire
sisibe inclination TO kill is dangerous in its rela
tlons, and cGn be recognized only in the clear
est cases. To establish II as justification in an!
particular case before a jury thought to be showl
by clear proof to be habtual or, at least 70 hay'
eyinCed itself In more than the single instance, o
its cotemporsneous existence eyinced by presen
circumstances.
The defense noted an exception 10 all Of th
> iustru ctiOns.
THE ARGUMENTS.
H. II. Wells, jr opened tine argument 70
the Government, briefly reviewed the cvi
dence, and finished his speech in thirty-fv
minutes. Professor Il. r. Greencr followe
= for the defense, and presented the prisoner
case as they claimed it to exist in a good argu
ment that lasted thirty minutes.
Mr.. A. X, Browne closed the argument 70
the accused after speaking three-quarter5 of a
!, hour.
e After fifteen minutes recess District Attoi
noy Wells summed up for the Government an
closed at 1.20 p. NJ, having spoken one hou
Z and twenty minutes. His Honor occupied Oh
=. hour in delivering the charge, which was eS
cepted to by the defense, and the jury retire
at $50 o'clock. After being out one hour an
. five minutes they returned to tho box.
THE VERDICT.
: The counsel was sent for, and the announce
ment being made that the jury had agree
soon drew large attendance to the court
room.
The prisoner sat alone and, beyond exhibit
N ing n Slight restlessness, manifested the sam
o Indifference that he had shown Throughout
? the trial.
: Some delay was occasioncd by the failure t
5 find the counsel for the defense, but when the,
Z had entered tho chamber, in response to tn
o inquiry of the clerk How do You find
. guilty or not gultyf' Forman Simpson re
Z piled "Guity as indicted"
5 The prisoner received the verdict unmoved
D and, in fact, IL did not seem to surprise any
body, as it had been generally anticipated tina
such would be the result Of the trial.
A motion in arrest Of judgement and motto
Q of motion for new trial was entered.
Stone was put in charge Of guardsman Cal
son and returned to jail.
No Garments Are offered