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

d0Ps OF oc t sS acg IL was their duty to him not
guilty Formerly the insanlIy M, haa do 10 %
defendant beyond any reasonable uouO'
Mr. Reed-Yes Then the doctrine began to be mo NV
fed In the Rogers case, Massachusetts,, u WaS u,
cided that the insanity was made ont by thc "'FT
the evidence the accused person should ne aCl1' r
the doctrine now held Il that II there IL fea7onpI
doubt sanity Of the accused person he Is en''u
Mr. heed then cited the rri co1s Of M Wpda
against The People. 3lst llnh9is g IN IT, "ynyv
c eiT %Se aroceedhs, Il reasonable doubt i9
entertained OF the quit Of me accf i nsJif Is limo,
ccSce therefore reasonable doubt Of the sanity Of tho
accused must be acquired The presumption Of lino'
In further sup6or Of his position that if there was
reasGnablc doubt OF the sanity Of the accused
Cited from the cases OF Richard Dove
AZ a. Proa g cGnn i6tS AicSanderac
The Pcnpic g5th Illinois; The state agt Bartlett 41'
New-Hampshrc and Polk agt The state l2th indiana ana
ter Of the supreme Court District of Colunpa IN
Is 20 '"Ii " was tnero held that if the jury had
reasonable doubt on the question OF sanity they were
Mr. Dayidge called attention TO the fact that the
PRAYER, in behalf OF the defence spoke OF the burden l
any event Tie Court would define il by speaking OF donh
in respect OF the legal standard oil Ic@p'HSpi,S i
Mr. Ke.,I-I admit that IL wall be your Honor- duty To
ten the jury what reH,onnIe douD, Is. no q usor
Of what constitutes insanity, we Submit Is quesu'i
solely for the jury. .,... . 60 a..
Inc CourJ-'rnc question Of responsibility Is IoF the
Mr. DayIdgo GO Mr. scoyile -You cannot tumble his
question oliusanity ia0 the jury box Inc Court VIII
say what is lcgai insanity
Slr Reed-Yonr Honor win give your views rs to what
constitutes insanity, but whether tbs defendant was %
sound mind OF not 10 question lOr lhc J4l5 - T,o
an! argument m1do against me eS-onlhi vi ou,,ao
and judge Cn&lneIo OF mississippi O5sn' tnat Ho
be the Jaw II would be mun5rou5 ana SHOCKING " tH
OF justice of any man that an accused man Sno
be condemned to the galowS aOoht "nose sali} aHg
reasonable fair man could have any question 9eIu
i,na,ic or moi is question 10 be de, Led by
Inc iIry Wnen they cons der the evidence in the
s9T; "We,i TINS man committed an AWFUL
cTiuc atrocous, ndescrihabe, unparaeled IN hlso!
wrong" l. not the doctrine Of humanity to sYe me
mau tlat doubt and hesitation ana ior lhf
Court 20 say the Jury, II you have TcdsOhabe uoup
1t your duty give the benefit OF to ile "coustu
MANI Some men will say nat that WIZ turn inc man
question unworthy to be suggested in court OF Jus
tiCo. II the mans mind mad been weary ana ms looy
ought to walk cuipnt to the ga'lo"s' Nuol any
man say thai III any enlightened country 10 Ia! ~
lo snot his victim was hurried to the gal,
natic was convicted aud condemned-a shame and di5
grace to British jurisprudence In TINS case an We "SA
them explaining 10 them what Is meant by TedsoaDe
dOu1i ~ YOU your oatLs, have reasonable uooV
President il is vour duty TO give MIN the benefit OK thaL
DOUBT aud say that lie i not guilty..
TIE ABSENCE OF THE JURY COMMENTED oN.
MI scoyile rose close the argument in support Of
the prayers asked by the defence but first commented
On the aseuce OF the Iry-wlich had avaied Itself OF
Tire privilege given by Judge COX this morning, and had
not returned to the court after the recess lie
said that he did not complain OF it, but OF the
incidents OF the trial which Do could not H,lI hodt-
Mr. Davidrr-Wnat Il the ne NJ indugn2 IN III
natred remarks Of that sortl DO you mean TO intimate
that the presence Of thc jury ms morning wien was
butcd 10 the prosccgtioni No" come OF you
mean To say lLaughterl
L. ala fftf fltfl fp sT
NIr D,yiire-Tnen why make such o rcwarki
Mir scpvillc-I do not u-inuato at al. Ispeak out
Mr. Davidgc-It is not worthy Of n man Occupying
position a. counsel at the bar 10 make an intihanoh ior
sntno.ca mat tne Jury would here when the counsel
FOR he defence came to state insr ~ m fc gt the
,rv aid hear Mr. Davigc'- argument and MI Portcr's
speech sforeuoon not here 70 hear the ornaments
ton. However, / do not choose 70 make any point
MIR, Baylg-I do not think that the Jury win be here
t,.,norr,vg morning. for 1t Will be sunday
Nh Porter rcfeIrinG to Mr.. scovi e's last remark
But do nos choose 70 let d. TO- II III. counsel u'ahs ID
intimate that counse on ne P'rl 0' IN. I3FtInue,t
had Inc slightest voice ON the question % whether the
uy should %, here tins afternoon nr not, n If not true
Judge Cox-I 40 not understand Mt 5o'NHe to mean
~ Porc~-Ifne doe, not mean that tho remark was
M scoyiic-Or course the absence Of the iuy This
afternoon is Ist an accdeni-!IAe MI ptNH<e having
Nv Rrcd~My associate and my-cfnoticcd the absence
ID
take the law from your II"nof ana 10 DE- l''A.l ~ ~,
Isuhmt that IS not iair toward the defence th"t the
Jury is not here 10 hear the discussion. 49,. .,..
Judge Cox told the inry this morning that iA'y
might leave the court room II they chose 'n they aii
moi choose 10 do SO during the morning sest'"n.
The District AI'oInoy-Ne al agreed Una ue luy
might go thIs morning
Mr ScoyilIc-It Is only an accident a. [ s.aitd hut
W. nave tc i.lcuts always shall not trouble EOW
Honor with long citations OF authorities an sntsard
Thar tnr Court has pretty Thoroughly lnua'd iE'o A'r
ca-es-uOrc carefully and bly, than have had
n. SroviIo chen went 20 aroue that tho Court
take from the jury the right o pass upon the
r1..tiuu whether tine prisoner would have committed
t.c act ii had been OF sound uuu and hH said mat
the decision according TO n cAauh'en cas- were ,t
as on iluatcd a. Mr lorcrt style Oh o!",oIJ' IAtt
had both started at thr same t,me. ~,
That very good ront." sad the prisoner laugh
Cir Scovile went on say lat the only way IN which
courts mad advanced az tn" present cat was h' the
force OF cui ht,ned pubic oilhlo rr"W'iihs nom our
Old aud OhlgnE ihcin oaptIdnh ihJ7o pre-
ccdcuts which common sense common reason ana On
hgDencd public opinion say shall no longer l- eslhD-
ion of JUDGE Wyle the Mary Harris cast" admitting
that the tendency OF modern decisions seemed 10 nave
the direction Of holding thal uneol thr cirncs
oi crime that the person committing IL small De OF
sound memory aud O-crcuOn also 10 modern Englsh
case The Queen against Davis, reported In II tONs
the fury that, while drunkenness was no excuse Tor
rto. cerir, trrtn,Is caused bv IL uukenue,- mi ut
be an excuse II produced such state =! mind As re-
icved the man from rc.pou- ibiity. Tie language Of
the nudge IN was ANY disease that dsturbs
the mind so that a cannot think calmly ana IA
t0uay all the different reasons 10 which "e refer IN
considering the Tighness or wrongnesS OF an act any
that duiy in some moderate degree Of caiunrs@ and
rcason--n NAV be fairly said to prevent a man KNOWING
"If your Honor" continued Mr.. Seville, will CHARGE
the jury like that in this case, We shall be very well ra-
BEFORE he concluded his argument the court, At
O'Clock, adjourned until Monday.
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MRS BL4NCH1RDS RECEPTIDN.