, 1879-04-15
TIE DECISION.

"Thc discussion upon questions OF evidence
on Saturday." says be, "t3ok Wider scope than
waa at frat intended. Yot 1t was not time epcat
In salN, for the mure important ouestson-,llat
Of The defense of insanity iu criminal prosecu.
tIons-at!scs, a.d Is ono to be met anil deter.
mfucd III the cnse 1T bar. That insanity whether
general or PARTIAL Il. tho tine Of committing the
act alleged to be rrim!uat, to degree tlmt con.
tFoiled ft Will Of It's sobicct aud, took from htu,
the criminal lHtent ii defense In tho proscc,t-
tton Tor TINT act, Is too well settled to bc cues
toned moment. 1t is any defect, weakness,
Of disease OF the mind, rendering It ncap,,.
oie Of entertaining thu criminal intent, which
constitutes one OF the elements In every
cFlme,' rs we'll statcd BY Chlct-Justlcc tiIbson in
arennsylsania case. At present do not pro-
pose further to discuss that question. 1t Is not
the t'uc, III the progress Of this trial, to be
mofe specific, or to mako application Of facts,
III Il taIs 'asc, proven ur to bc proven.
"llls question ts now tIut Of evidence. tho
naa ,Iasctef u 'aets, al't tctr relevancy, NIX. conf
lEaensf VI ecstaln iaels proposed tu be tntr,-
uasea l, " tue defense. It. Is general principle,
~ TeI! expressed III l2 A1a., B37, that t!e uer.
sons acis: declarations, An! conduct tncou-
.i .ens "!.a' MS previous character aud habits,
a4 lcaoiiiI, u tile conclusion Ut uu nbcrrut!t)Ii
~ ~. m!su. arc admissible Us evIdentc upon
sne question Of insanity. Frunl which tlu
lnry, aru to draw tllcir conclusions
Mfsther y, =: t,.s tie party. was saue Or uot.
-, sito we';settlcd that tho usual expressions
" a.,a mchsH! state nro original nu competent
evidence. II these aro tic liatural lancuugc ,f
.uenla alienation, they furnish, satisfactory u,t
~ su1aststhcs tl'e only prouf Of It's existence. III
s',, ~ saaes tlh Jury arc to determine whether
St b. a.arva sap,ess'9ns ro ic'gne or real 1t must
ss;attenenls ~" BY the nccuscd, or tllt he ur ls
,n, "ms, e other person, sati, or wrote, or did
nn. roas tNisE 90 tot fall within tic ruiz, uf. arc
aj dds1'9le % statements ot faets All ac.s,
n,s, m a.asatost .ana exeannttons, actions md ex-
seIre, ss% furnish proof Of, or tend il, tllrni-
,s1 ,. disease or Affection 'S'' oi tEe miud t!S"
II irn!ty hsan!ty ought, in the language OF lrart-
H. wIaI ,, ~ " lalrlY and inly nlmItte, ,-,hat
H. hic,-ail astGr, Indeed, -ns call be re1sot,a-
H. tunnected with thu condition Ut the t,!pd Mt
III III !sG;o nt the killing. In thu Hops casc, Ill
In nn1 49, 1aase nFeesc recognized to rls that
tsslolo to show his tlo,,un,ania, il utterly
,poss'ou r",n lor Court tu lay down III int!ex ble
ha's' or Standard BY Which we aru to prrciscty
oncr ''u ~ wat acts and declarations of psls-
ssc.rp tn peess, ~ o. teid laEi'atcIy tn prove, tho
oIiss.ha' .ha', IRRESPONSIBLE for m aci that would
IT, ~ oe criminal IN deed n1ul IN intent
s,,, =. tnss Ease hase already admitted ucts
hefoeaa eeatsA1sts ,S the prisoner bot, alter n
wiz H.. e III @olllle!t!e,-stlch us his conversation
dnc', H. note o1iltcrs after hfs arrust, intro.
nsseaY se oY tir ata,cs Attorney, and hls ucts, ul-
aaee, ral str., Us detailed bY Capt. flealy p,nl
wa,,E. What ef1crt this may have or ,yhat
m,S s,. aa IL to bH given Ia them Is as hereafter
r,ns tsa:e Though s lenrur1 counsel viii uiIer to
H. r'u'e rs ocasttg upon The question OF iusuntty
nv easements made ly the t!cccusu wlc,-hcr
On Ies nra1isos. c.c. as wcll ns conduit
sho" W. Ratt showing. or strongly tending 10
ttry. s4 ~ 'ss' o1o" so'''S u aua'+
IN ,,t. Is conceded that adultery, II proved, was
to n.a M etovoeation as would reduce the killing
or i".,,Hu atha WAS In no sense n1l txc.,su
1teu Itb. eetaIIisb~d Tor killing her It has tons
brr.ssoel ~ laRc awny the lie OF a woual-a wife
Ia tn.,,s NV suspect that she ilas beun Engaged
knnw 1c Illicit Intrigue. or because yo,i, ia fact,
would a' bs ,a,1ra sno aas Gec entity of adulcry,
na.,t, - Killed !u t1lc Immediate trunapurt of
S,II,"nh created by tho discovery o( thu nct, her
aj,"'.SS,Mou j"S would not bu even reduced to man.
oi .Gr'' 'sr, sa, nut It ls insisted that cyldrnce
Tue hus.,s,I .1oes s., brought to tho kuowtedge Of
,nsnt inevitably create great montal excite.
b. ~. itlch i5tlcht crcatc n.onfa,-Ana IL, or might
show W. ~ tK IN tn chain Of evidence tending to
itFon!x: :1'iy insiy',a At tle tis Of the killing. am
the fnrf ~ - ~ ~ NV uut!ltoh That proof U(
10 tj". s III u Is facta and It's Communication
uf tha sesuscu Is competent, usnccaIly If, yjc,y
u Me assurance OF tic counsel tlrtt tcy exnect
lie Hss rie,s Other facts OF which Il iorn,s our Of
s% s.eitlen.s y, showing au Insane mind Gsfora ~
ST. VI In us time Of tlse homicide. Ucsdea. thc
aeuss. as proved that iust utter tho killing tao
mitisae tald, In substance, l.is wife Ind eom.
ia ,e1 aaultcry, or was living, or ahtM,t
Tho ,afe, tla life OF prostit~,s
dsSlatas}as as1s SHOULD be admitted to explain that
ou that i"un ",. Will therefore atlni. testimony
an1' ~; the statements u,al coniessjons. Il
Il VI. .!lo w!c. II living and she wqs caitc,i
Til w w'tnssa for or agsist hsr i,usba,.i. Ia
bot b. = Sst,!ns S1 nor allc9"a paramour. she would
Tiinaso 20 % sub poteata.s oyri. Eau she hu a
"'oF' though dead, they want hes to