The Panola weekly star. (Sardis, Miss.) 1882-18??, 1882-02-04
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fssllbstslieH ssa tssalsy N Haiasg h |
lhs flfs, i'trfss
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Ths lhfy N ~ fata n ne i.altfh alNss
s4hlnsi Oiaflhi jullis uHiatu m, me arf |
enl N Jsinas uaanMd. feinfdf1 verdict |
tfHenlff A. iHiIOflH A. lha thnf 4 We /
imlefsHftHm iui iadU rat proceeded 10 /
neiigsf Ne eiisfae 10 ihe iaft linenmuenfet I
ht saying the runsfiuiisn ffuvlloi tHHi ii
MI fflmlHal ftteeHi'HHf fhe HeFuaHd shan /
tnluy VT flfht N speedy and puliilo TRIAL Nv |
NJ impartial iury IN thr stlin df dIainet |
where lhe eflue fliall hatH haen committed |
that hc shall lse informed NJ the tanai ant |
haluft q The meuaalluh afnlnH hm that he |
tlIhii he tnaifnuicd with eitnha4ea asalua /
hlnl that hu shall have compulsory pfueuaa |
H. eliiain wilHrisrs IN hls iav0f, md that Ne |
fhall hatr The assistance NJ tannsel In lha A. |
Tense With whni alniruty anl tfuuiie iha
law has been administered ln fie ritaOut rasu
Tie tltnfa lave neei daily Wlua eut. II wnt.
huwfNrf, u consolation ~ tlliuh that not one ]
NJ thnseFaffei HuafnnteFAm fhnt constitutions
hnd lievh violated IN The ppfsnn ~ the hTs
riiaed ~ The last long tlnptrt " TIE proof
wAt endpd, Nnune enulh ieei mpto kecnlv
nutiea, sHd he fplt that hr cpull only Dis
rhnfHr tiltn hi adharsilee ~ The lnv aa laid
upwn wits highest aniioriiiea iiti1fe pro
gecdha inlihdr lc wiahelto notice nm incI
Dent which had taken place pend
inp. recent argument The prisoner
had ireInrn'lY iakan occasion W uro
clnlm that public opinion, ne evidenced
~ the ufe.a and correspondence WIS ~ lta
favor. lheee declarations could not ba PIE,
prisoncr. Any suexasilna that thr l'iiy eouId
be innuenrel by hugh iawless VhAtleiing nt
tlo prsuiicr wpuld have a''cinei hint ab
hplti, aud ~ nlpuid havo fclt thai he va. lrii
wnrnad ls m sspsS ai & rsSar 3henale",smmo". ~ m.
charged defendant with hayllg mnrdpred
james fGarileld, and Il was tile dat, ~ tile
Court % gsplnin thu nature oi the erinic
snargea i. Muticr wa. com.ntlci where
lawfully Killed a fcpgqnable. being Ia the
pcace ofthc unitesl sfatas with nihra Hinre.
ihongbts u had 10 BE- proved, ursi, that lraih
was cadsrd NY the act uf the accused. and
furthnf. u wis caused with iunllca md alnro.
thought That did not mean, however, that
the Govcrninent hai 10 prove any ~
Will or hatred ON the part OF the nc,
cnsed toward the deceased Wherever
peius on%i,isa w's r,,bos, s%wn aSta h u,sor pssn
ity and with doiiberaia in,snt II was pnfl
clently proved 10 have hecnd ono with m,llce
Mofetbaueht ana malice Was not dspnbVcd
y showing that The accused had no pcry1iuh
ill.will Upward the deceased, and that hn
Killed Hhn from other motives, ~, I'm In.
stance, rObhsry, or through mistaklng him
for anotbcr, ot tq- claimed in this cisc) 10
produces public benefit. II II could BE- shown
that the killing occurred IN tho Heat Of pas.
sion or undor pfovocauon then u would mp.
| pear thefc was no prenieditntrd nttnlnpt, Rnh
therefore no malce hfotethOughi. md
that would indnee tho crime 10 man.
slaughter. twas hardly necessary however,
to say there was nnthlng of that klnd IN tho
present. caso. Tue jury would have 30 say
cither the d,iendnnt was guilty of murder or
ho wns Innocent lnorder 10 constitute the
crime of murder the assassin must have "a
reasonably sine mtnd. 1u technicnl teyui-, Ito
must lie "of sound mind memory and discre
DON" An ifrcsponsbly insane man could not
coinmitmurder II hr was iaboring under q
eront that lao did not know what
no was doing. or know II was wrong, then hc
was wanting In TINT sound mind memory
hnd discretion that was part of the definition
of hurdS. in the ilrgt pnre. every defend
ton against him was established BY proof
IN tho next place, notwithstanding thia pro.
sumption OF innooenoa. II wis equnlly true
the deicntnnt was presumed TO be rano. aud
TO have besii Ao at tho time the crime wa,
committrd; that Is 10 say, tho Governmrni
was not bound 10 show afilnnatlveiy, as part
OF It, proofs, that tho defendant Nas sane
he burden OF proof was thrown on tho siu
lendant. who set up insanity rs an oNcusc fo
lia crimc, To produce proofs In tho first IN
stance II has to show that tile presumption
I was mistaken 80 far as Il related TO the ptis
! oner. Tic crime, therefore, involved fliru'
mind IN the murderer. That the ddfendnn
fred tho fhol At tho dnoeased President wa
. nbnndantly proved. That the wound wa
fatal hrs licen testified to By surgeons eompe
tent y speak, and they were nneoniradieicd
atorethought lif dofsndnat were capable o
: terminal Intent or lnaiic.) could hardly b.
rainsHid. II was not nec-ssniy 10 prove tia
any spsciai e express hatred or innlicn wa
! ceased 20 md little dlfculty IN reaching
I conclusion as TO all the elements that mad.
mp tho crime charged In the indictment escrTl
that u might DO ~ 10 the one Of nnsouns
mind memory nnd discrctionl but tha
D q responsible. sane man. Eyidcnc'
has BEEN exhibited 10 tho jnri
tending 20 show that the dcfndant limited
In his own handwriting that he Ind coneciyo.
tho idea ol ols'remosIng the President" ns ~
called n, sis weeks before the shooting ths
: he had drliisrntcd upon II, nBd conn 20 TN
: discrimination TO do II. md that about ~,
wrekabtfo he accomplished "a hs statlones
himself nj certain points tp do the net but 10
some reason was prevented. Iiispr,pfmtlDl
for Il by the purchase Of pistol has beel
= shown. An the.e facts catno up 10 tho fhl
measure y proot required - establish wha
the law dsnolninntrI malice nfoIcthoiigiii
The Jury would bear IN mind thai the maj
Z did mol became irresponsible BY the mere fac
!. Of his being partially Insane, ~ the law ns
' suinsd gesfry one at tho ouiset " bv san
vas thsrs In ,hls case % show the eontrary 4
= 20 the defcndant. They wrie not gnrrAIitei
: In fuferrtne that hn was iii.nnc from the mefI
!. fnot of his cpmulltilns tlis crime, Or from W
> enormity of the crime, because tho Law pre-
sutns- there n n bad motive aud that IN
crime Il prompted by malice n nothing els
appears The only safe rnle wns for the iur.
70 direct ~ attention 70 tlie one test Of Grim
a inal esponslbility-namcly. whether th
J, prisoner Possessed mental capacity nj fh
time the act was committed 20 know u vn
\ wrong, and whether he was deprived of tha
capacity ~ mental disease. There wa
one Important distinction which IN
Q igry must no. loss sight. of. AM
plirable 10 this case that wns tho dfsIinctlo
= between monial and moral obliquity. betvoc
mental inespaoity 70 distinguish hstwcc
di..ias,on mi ~ns fS yaa a aa ,nsasD' ,pon ,na
evidence that a. The tins oi the eommissio
Of the honirtde the prisoner ras laboring uH
h der sucii q drfert of vi. reason that he wa
|. incapable Of understanding what he was de
y ing. or reeinE u was wrong thing 10 do. q
for example " he were under an insane feiu
q sion that the Almighty had commanded hil
y 20 do tlfr act. then he vas hot IN irresponsible
y condition Of mind, hat vas an obiect Of cou
passion and should be acquitted. II. on I'll
other hand. you nnd he sas under NJ fa-an
= dciusion. but had Possession of hls fseultls
and had power IN kn0u bis act was vrnnl
y and OF his own free will ho deliberately eot
crivsd the idea aud executed the hoflici1'
!. then. whether his motives were penonai viI
dictiyeness, Ioltlosl animosity, desire
le nvenEc supposed pUiitiealwrongs, or nisrbI
|. desire fof notoriefy, OF II you are unable
" discover any motive AZ al. the act !. sluip
y murder. and II Il your duty TO Ind verdi
T. OF guilty - Indicated, OF II you fsHd the pri
oner 4 not atiity by reason of insanlty.t
your duty 90 says 90. y LAf..ILs .sl1fa
10 Dnring the delivery Of the Judges charw
which was complstnd a a. 20 y. m., thal
was perfect stiffness IN the crowded enur
"A. room. ana even the prisoner kept absolute
!, qulet. Win the exception of one or tva fecb
u Interruptions. The jury Immediately retlrr
Ia Tho crowd In the courtroom DID nut N
Il parse NJ the announcement that the Cou
= would take recess for half an hour, hut '
NAMED seated. THn judge Eent 10 hl= pr
vate chamber. and Col rofkliliI. Judge 70
tsr and nr. Dz,idKr followed hii.i. AZ 81
"a Judse Cor re entered tho room, and h
jurynen soon followed. The Clerk pat q
q. questfoat aa
~ dicty' - III E
N 1--WE have" va. the united response.
r. sWbat IL fffs tFH .tHII
u "Guiitrs H A
10 Beforr The remainder Of the verdict v
III heard The crowd began 20 cheer, and u '
IN only with The utmost exerfinn 81 the Coz
=. and uf1eials thai silence vas ssrnisd. Il
fw..4 49,. =. - - AZ. 80