New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-08

doing was wrong then he responsible before the
The prisoner-I didn't know tho difference air be-
tween right and wrong had no choice IL had h"u'
would not have done It,
Mr. Davldge-We win SEQ hereafter whether he had a
choice , >.,.
case five questions Oh the subject OF insanity had been
submitted 10 the Judges OF England Ihfce W u JUS
questions had a direct bearing on this case Inc Ist
act when the time Of committing the act ne Knew
pisned of with view under the ulnenoe Of an insane
dsuson OF redressnS ,1oss sgppG n1tc cement
The answer OF all the Judges, excepting Chici JIEGe
Mol WAS that they were 81 opinion that hO"lthatau
Ing the person accused did tie act WIN NeM, un0
the influence of insane de1sOn OF redreSSIBS tVuo
hem m NJ wa nevertheless punishable according TO
tne nature OF the crime committed ne knew AZ wv
tine OF committing such crime that nc was HC!!nE w h
trary 10 law. In answer 10 the otne! wv t, overv
Sudge stated that the jurors ought 10 pc to la
nroyod aud mat 20 establish drc the ground 81
insanity ii must be clearly proved that at the time OF
defect of reason prolced from dscasc OF the MIND as
NOT toll know tdr Daturo and qualt! OF theaGi r,,,
From that time to the present, conhu{d vi Is
there had been No departure from ;he tInPi%y Io
founded I'm nature and common 'eneG lIelt nau or
Coleman csc aud desired Dread somewhat at i'As'h
the able decision of Judge Noah D1yla 80, ,,,.i,-,
Mr. Porter stating Tat 10 Vas evident That MI i1lte
yas suffering from his throat ohere 20 req tnr Er
Rad so.cnny and dramatically, extracts rom I'm ~
iowinr: "'T1e doc,yine that q criminal act may be
excused on the notion of an irresistible impulse 10
commit it, when the offender las the abitF 10 "-ia'O g.
his legal ana moral duty ii respect to IT, has no place IL
law and there form OF insanity known 10 tHe law
shield 10 al act, otherwise CRIMINAL, III NiH,h w..
faculties are so deInngcd that man. though ne 'i
ceve the moral qualities OF h- act are wrons Is uaDe
control them, and is urged ~ some mysterious pr
sure Under sucn notion oi Ies, H,San , tToud pe
property ana lie, both puOc and private ~ouu 20
altogether insecure and every mau Wno OIoo'lhs o %
his wrong OF Ina, mary, should WORK AHscn up ~
an irresistible impulse Iedrcss himself, c0ud VIZ n
puuy become sefeeced Judge ana eA5S do s
But, happily mat IS not tue ID" OF 'He tai ", +bc oc
capcs punishment not through ne ihsalty OF ',S t
cused, but through the emotional hs1ml9 VI 'No N
A PRoTEsT FROM MIR. sCovILLE.
Mr. scovle-I protest against Judge Porter working
in any more speeches the jar under the Irettnce OF
citing authorities He knows fuD well that that cuaiSo
is not authority In the present and was not APP
picabc to the case before Judge Davis He knows iui
well that that speech has 60 do with this case as
authority than II had been the speech Oh poio1n
purpose OF getting it before the Jury with Theatre" tne
Inat judge Porter has relieved M D''dse' VINO u Ho
Nj porter dndignanty)-This farce must end. We
have come to Pcuod III luis rIA mnch We 9'' uCI
these broadcast reflections. II he does moi moi
receive It from oheIe. nave read to your Honor dr-
berate charge delivered b. the presiding luEe o. to
cred ~ inris wnS If he has peer, has superior m
the magisracy oi the Union delivered III d CdSC o.
wnicuI have never heard, delivered 10y man WIN
whom have not exchanged Worus either oIa!{ OF III
writing since the commencement OF nis ,tia, ~ T
ported IN the Official organ OF 'he SUPREME IN 3 "
IoIk. II is authority 1t does apply 10 ihIs c1Ho IL
did apply to tnati aud that law should DC au'noil'!
winch should respected.
Inc prsoner- me Jury went against il. 800
The COurt-Judge DAVIS Is m eminent )udSe ana h7
oplon Is officially reported Of course, II not appli'
cable to this case, Is the subject oi con neh' u! cOhe
Mr. naydce remarked thar the cnarec ustread was a,
plcabe 10 the case whlcn II dchvered-the case
o. woman named Coleman, %Ho ""S iAd4.t4 loL
cIuicu nave snOt HIM under PRESSURE uA"c' an
''I T prisoner hat Coleman case was published in all
the papers a month ago and the jury went dWrcu!
against Ludt charge IN the verdict ""cH uieS Iouu
il4.. Id o. "A -
who IL is con- ended for ia. defence Is lWbcCie.
"Is v,lmi (" SAID the prisoner, Mr. DaHdge having
laid euD...- the 5llitDt oI tclc
,ir Davdge-Now listen Co him ana see wudt farce
has Dcen enacted Tor these many weeks lie not
"ny AAOws tur ference between night ana wrong, oLt
he knows the law OF the case - ,.
Inc prIs0neIl not pretend 10 be any more insane
thai you.seii M D"yasc' ald .4le no, IN i S
anu that Is All the insanity that ciaih ,..,,
NJ. D4yidge-ue knows the PRINCIPLES oil law appAca
TIo rriswer-I do not pretend thai DO not NY head
ia a. GOOD as yours or as Porter5. am 10 ,OOL The
.,l NJ 1coye SAID that this man was
a fool FOR three weeks, t..,,.....ts ,r a., ?,
The prisoner-sco'le Is 1901 himself 20 the pep,
rtry .covile'. theory Of TIE defence GO not even
1 &ac TWO Lo1s' speech to The Jury viii sete the
F.f nass cox 10 the prlscuerloep silence now and
me pri,ou,i-Tuot is all light your Honor hat re-
rlf, che idea That am insane. never claimed thai
US i i, The Court has heard tho prisoner long
arnnrh : now le. Mr.. Davidge Doe heard
90 AI, Da'iqEe ' ~ Tie +, Ci -fttc- san-t l,ccg
Jst Clrtis page l. do 50 il order to stamp ont any
possibc status III respect OF Tie responsibility OF the
he 'rrisoner-I say that it was Gods act and that he
has r. ica ARE % il and will take care oi It,
Mr. Da1idge-We will como hereafter 10 the Deity
parry Of tins matter. l am not saying word about
T6e gr.soner-If you get tho Deity down on you He
WI -dck you ali your days, IN TINS world ana IA the
next. notify You now. You ought 10 DE S@,iSShG1 OF
Yourself Dayidgc, for selling yourself Tor niue htay
l4cge Ga Ai-l T.a Cur 9' irotin aa ny,
past want TO set chance at thaJ Jury Tor TWO hours
van TRYING A LAWYER. NOT AN LMBECHT.
Mr. Dayidge-nthi defence OF uncomfortable i'm
rn is 10 be found only absurd pIeence of In
sgt.on want by this first prayer, % put the couyc
lion of TIN, defendant beyond the possibility Of doubt
need not have gone far have gone because
are not trying whose grade OF intelligence IS
merely sucln to Gistinguis between right and wrong
to know that ought not to do the wrong ana that he
ought IN do the right We are trying n lawyer.
The prsoncr-Youare tryne man on the question OF
Mr. Dayidge--we are trying lawyer, a theoogian,
lcc'urcr-a who, although mDece Tor lmct weeks
AS claimed by the defence was TRANSPORTED III the ts-
nation of the Jury Gud OF the world by his own te5tl
mony sun want the law 70 be laid down as It Is. ]
want it's simple rules o. be given ny tL- Court because
then there epd Of rrespcnsiby in tsPect OF In
Sr ayidc then proceeded 70 quote from Judge Cur
til, opiDon in the OF The United states against
McGew, from jude CnnoraS op,on II }nG cas- or Inc
United states against Hoilnea ana rom "1lel
on the subject Of irrcspOusm1t{ by reason OF INSANITY
The comment Oh All tlb WINS lH'IV -
ulenfy of law Mr. DaNidge on the other SIDE OF TINS
issue wnch we shall deliver 10 you You are only on
| one side this morning
Ar Davidgc coutinued-l have now presented 10 you
the uoproEcu OF the English decisions from 1913
to the present l have presented to you The IN
broken current the decisions Of the Judiciary Of the
STATE OF NcH-Iofk down 10 the prescuJ ime
have presented to yOu every outgoing nom the
Federal Judiciary Of which yon are an officer
think that | nave GbuuOanty established the prop
os.tion that insanity, when urged as defence
I'M 81 criminal Trial - to be governed by the application
a. rrral rules Of law ana those rules are found in
grt. md &
VINO runs NAV read. Tuey consist, simply, 81 two plain
II. the rumhIQrratlOn MLtlner