The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-01-12
THE NEWS.
OONGREssIoN Al.

III Il n Il w - !
CONGRESSIONAL
WAsHINsFoH. Jan. 5.-Senate-BiIl
were introduced by Anthony t. promot
the efficiency of tae navy and by Make.
to increase The efficiency of the sigma
service of The army. Garland offered !
resolution iBstructipg the committee OF
finance to inquire as TO the prnpTiety O
refunding To parties who have for pro
lection under trade mark legislat!ol
paid the fee required by an act of con
gress touching that subject, which wa:
decided by the supreme court ofthe Uni
ted States on trade mark cases to be I'm
, constitutional Adopted.
Plumb Introduced a bill to provide foI
the disposition of a portion of the For
Hays military reservation in Kansas.
Adjourned.
WASHINGTON, Jan. 5.-HoUsE-Ortt
rose to a question of privilege, stating i
grew out of and affecting the recent ap
pointment of the committees of the
house. Before stating the question spe
officially he said: ~ ask indulgence tC
introduce for consideration and action q
proposition to change the method of Sc
lecting committees. The vast and
diversified interests of the country are
all more or less affected by congression,
al legislation and this legislation. as Is
we'll known, is almost exclusively con
trolled by the action of committees
For this reason their formation Is oil
supreme importance and is invested
with responsibility too great to
rest in the hands of a single in
dividual, however capable and
honest and patriotic such individual
may be. AS now exercised it Is emphat-
ically one man power, and as such pow
er is always dangerous and in conflict
| with the principles of Republican gov
eminent, it is our duty to see that it may
not at some future period be used to the
detriment of the best interests of the
people.
Bills were introduced by BLACK, of
Illinois, to reOrganize the military; also,
to require the manufacturers Of oleo-
margarine TO label the same.
Hewitt offered a resolution reciting
| the fact that the Khedive of Egypt had
presented to the Uunitcd States the OBJ
| oIisk known as CleOpalra's needle, and
extending to his Highness, the Khedive,
the thanks Of the people of The United
States for the gift which only the Oldest
| of nations could make and the youngest
could most highly prize. Adopted.
A long and desultory discussion
sprang up as to the power Of members
to Introduce bills through the petition
box, instead of presenting them in
open house The discussion finally
closed with the expression of the
opinion from the chair, that the only
way to get bills properly before that
| body was to present them in open house.
The speaker stated that Hewitt had
requested TO be relieved from service on
the committee on public buildings ego
| grounds, as his private business rela-
lions were such as might make 1t I'M
| proper for him to serve. The request
was granted. Adjourned until Monday.
How They Want the Jury Charged.
WASHINGTON, Jan. 6.-The following
are the prayers of the defense, prepared
by Scoville and Reed, in the Guiteau
matter, which will be submitted to Judge
| Cox for his private consideration today.
The court is respectfully asked by the
| counsel for the defense to instruct the
| jury as follows:
FIrst-The legal test of responsibility,
| when insanity is set up as a defense for
| an alleged crime, is not merely whether
| the accused knew at the time what he
was doing, and yet that was contrary TO
| law, for an irresponsible, insane person
may know some things; but was the act
done as the result of an insane delusion,
or was it committed under an influence
| or power which the ACCUSED could not
resist by reason of his unsaundness of
| mind
Seeond-Although the accused may
have known what he was doing, and
what he was doing was contrary to law,
yet if when he performed the act he
really believed that he was thereby pro
ducing public benefit, and was actual
ed by an insane delusion that he was
EcarpYing out an inspiration of divine Or
igin and approval, and would not have
done the act except for an insane delu-
sion, then the accused is not guilty of
the crime charged and the jury should
find him not guilty, by reason of insan-
| ity.
THird-Insanity constitutes defense
by reason of the accused, at the time of
his committing the act charged, did not
know what he was doing, or if he did
he did not know that what he was do
ing was contrary to law, or the act would
not have been done by him by reason oil
insanity.
| FOurth-The only evidence In the
present case tending to show an irresisti
BILE impulse to commit the homicide, OIL
that the accused acted under an i'm
preston of insane delusion in doing
the act is found in the conduct anC
words of the accused as detailed in the
evidence. The question whether the
free agency of the accused was destroy
ed by a conviction on his part that the
death of the President was required fol
the good of the American people, anC
that lie was diviuely inspired to remove
him by death, is one Of the facts to bt
determined by the evidence in the case
4 -
as words of the accused, but conviction
if it really existed, could not afforC
any excuse when the party knew wha
he was doing and that it was contrary
: to law unless it was the product of al
. insane delusion.
FifM-He was impelled TO do the &C
by such delusion. Such delusions MAJ
exist as to divine requirement or as Il
an inspiration from God. No mere de
fusion, unless it be the product of al
unsound, nor an error of judgment, no
even fixed belief that what is prohiL
, tied by lay is commanded or approves
by divine authority, can exempt the &C
i, cused from responsibility for breaking
the law if, at the time, he knew what b.
+ was doing, and that it was contrary L
r law, and he was not acting under an il
} sane delusIon. To have such an effeC
the committal of an act as charge
must be the result of insane delusion G
, such force as to deprive the accused c
the degree of reason necessary to dis
, tinguish right and wrong.
y Sirth-In respect to this act, as san
3 people generally judge of such conduc
r the delusion must have been such ths
!. at the time of committing the act
either did not know what he was doinl
of il he did ne must have acted under
i II. 81
!, right; then it is also the duty of tn
- Jury to find out whether said act was th
result of such unsoundness of mind o
2, the part of the prisoner.
d SeUenth- of the law al
A intended for sane persons, and no on
but rational person can commit II
e crime of murder
r Eighth-Insanity may be interpose
n as legal defense in any prosecution fl
an otherwise criminal act, or if such
defense be established by evidence
takes away the criminality and the a
ceases to be a crime in the contempt
ton of the law. Although he may hal
% known that the act was contrary to th
laws of the land, yet, If he did 1t undo
an insane delusion that it was comma
t ded TO be done by God, such knowledl
on his part would not make him lab
to punishment.
" Ninth-Whetheri insanity exists or HI
,s existed at any time with the prisone
what the degree of insanity, if any, e
lists, or has existed, are questions
IS the act TO be determined entirely fro
10 evidence.
Tenth-If the jury find from the ev
deGce that the prisoner was Of unsouI
N mind at the time charged against hi
of as a criminal in this case then he is n
% guilty.
Eleventh-If the jury have reasonab
ID doubt as to the sanity of the accused
y the time ofcommitting the act charg'