Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1882-01-13
The Argument Before the Jury
Commenced
By Mr.. Davidge. Counsel For the
Government,
Who Makes a Clear Statement OF
the Questions Involved.
The Assassin Continues with His
Interruptions.


intelligent one, which entered the
room at an early hour vnd waited
patiently the arrival of the court,
counsel and the prisoner. The mar
shall gave the spectators due
notice that no one would be
permitted to leave until the
hour for recess, and for the
purpose of emphasizing his remarks
ordered that the main door should
be locked. At ten o'clock sharp the
jury entered and a few minutes later
the court was called to order.
Davidge then took his position in
front Of the jury, and opened his
argument with the disclaimer of any
intention to make q set speech, but
expressed his simple desire to render
the jury what aid he could in their
present and solemn duty. The time
had now come in this trial when the
Jury were to become factors; what
ever disorder or levity might have
characterized the trial, there was but
one sentiment in respect of the con-
duct of the iury-all commend their
dignifed department and close and
patient attention to the evidence, and
he could not doubt that as they had
reviewed the commendation OF all in
the past, and they would continue to
deserve it in the future by their de
cision of the question before them.
There is, gentlemen" he continued,
'but simple point for discussion
and consideration-the subject OF
insanity. The court will tell you
that in this land of law it is not
allowable for a man to coldly, de
liberately and treacherously slay
another, and then to say that he had
no malice. The court will tell you,
when it comes to charge you, that to
constitute the crime of murder the
existence of malice is wholly un>
necessary, and that, indeed, crime
committed is infinitely worse in the
absence of that element than if it
Was present, In the beginning Of the
trial, as you will all recollect, an in
sffectual attempt was made In the dl-
rection of showing that the death of
the President was attributed to the
malpractice of the surgeons who at
tended him with so much fidelity and
ability. That attempt was short
lived, however, and was very speedily
abandoned, so that there is now but
single question for you to deter>
mine, and that is the question of in
sanity. In the progress of the trial
very many vague and general express
sions have crept into the case. We
have heard of crazy men, of men off
their balance, of insane men, and
hence it was necessary to apply
to the court for clear and perspic-
uous definition as to what is insan-
ity in the legal sense. Medical ex
perts have defined insanity from the
standpoint of medicine, and it was
necessary to have it defined from the
standpoint of the law. Even if a
man be deficient in intelligence it
does not follow that he shall be per
mitted to commit murder with i'm
punity. It takes one degree of in
telligence for man to make cons
tract; another to make a will, and
another to do any other act. But
when you come to crime, such crime
as we have here,-murder, ''murder
most foul and unnatural" the law
requires a very slight de-
gree of intelligence indeed.
Gentlemen, in order to make the
question perfectly clear and to
abridge your labors, 50 as to pre-
vent you being led astray by instruc-
lions OF irrelvant matter, the
prosecution asked the court to state
succinctly what constitutes malice
and insanity in a legal intent, The
court has spoken, and it has not
spoken III any vague or ambiguous
language. It has laid down two in
structions for your guidance which |
will now read.
He, Mr.. Davidge, read Judge Cox S
instructions No. l. and No. 2.
In commenting on the first
and second instruc tions,
Mr.. Davidge said, that
is, gentlemen of the jury, if any
human being has any degree of in
telligence which enables him to un
derstand the act he is doing and il
he has sense enough to know, and
does know, that the act is in viola
ton of the law of the land, or wrong,
then no frenzy, no passion, will
afford any excuse whatever. Then
no disease of moral nature will con-
stitute any excuse whatever. Then,
no belief, however profound, through
mind, through reason and reflection
may reach the conclusion that the
act Is the suggestion of, and COM
manded by, the Almighted God, will
afford any excuse whatever, for the
provocatlon of the crime. His sole
and exclusive excuse is the disease o.
the mind obliterating the sense Of
difference between right and wrong
and absolutely control the judgment
and reason of the party. Thus yor
will see that the degree of reason
necessary to make the man response
BILE, is very limited, indeed. Thus
you will see that man may be herr
who has been styled crank or off hi
balance, and even partially insane
and yet may be abundantly respon
sible for a crime. What is the &C
committed here? Murder! murder
! lie.