New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-26

to ncapacitate him from perceVlng tle A.
tween RIGHT and wrong a. 10 this particular
part of the history OF judicial sentiment on HS i
and by way Of illustrating re daer,mIJd Inc iuiy
sane delusiOns and responsibility ne woWu II MI a..
10 n celebrated in English history, WI'0" "" "
ready been commented on in the argument , ,,1rca
Judge here quoted from the opinions Oh ., nm.
in the McN8ughten case aud fIGm SOM ~, s. tr1+
thorties on the subject. lie Wchl on 'u,t ,ort
The subject of insane deuson played an lpo'@ tric
in this case and demanded careful conSIuci j,i de-
subject treated, 10 Limited extent IN J",I s of
cisons but more was learned about II from N"i"s
medical jurisprudence and rom expert ltS.'un, l,
people were sometimes sad 10 te senses
from temporary disorders, ANA from mistakes h ~
Sometimes they spccuaied on HaticrS ht!oL liy ,T
always susceptible OF being corrected and removed Wy
evidence and argument on NE co,IIrly, ,r,
and ucOrrllb'e. Those who had them believed III lh'
yisfcnre Of facts which were either impossible absO.
uely or impossible at least under the circumstances 81
the individual man might, with 20 reason oT IL; uc
IrVC mat another was plotl.E aAI,s- 49, 80 br
De himself was The OF untold wealth or ihHt ne
had invented something which would rcv0!uuoHMe the
Torl or maj he was The President of She United acs,
Christ OF G 3D. that he inspired by Goa |" 10
certain act that he had glass hmn-uI those Wct5
around the ia, lent himself his rights lie wron IL
and went independently OF the exercise ol VIM t
reason. like the pautasm OF dream II was IN Iacs !ng
waking dream OF the insane in which ideas presenter
themselves "a the mind a. real Facts Inc most cCld.
thing that insane deluson was never ihe rrsut
OF reasoning and reflection not generated ny thtm
and could not be dispecd by them man m!SLi Itaeo
himself be reasoned by others into absurd Oplho"1
and he persuaded into Impracticahe schemes but lie
could not be reasoned or persuaded mo INSANE
or insane dcuSous. Whenever evidence was
found II an insane dcmsion it was found
that the insane dciusion did not relate 10
mere sentiment or theory OF abstract G9tstlol' IN
politics ZION. All these were subjects 81 opinions
and founded on reasoning ana rehec'oH. zen
opinions often absurd IN thc extreme, '"'nu ~.
believed in animal naenctSmin spntnan,n Inn
other like matters IN decree Wlch Irgig" in r'rd
other people There was 40 ao'urdty III IvI 80
10 religions, political and social questions
that had rot its sincere supporters IAose
opinions might arise from natural weakness
had reasoning pOwcre. ignorance OF men ana th'HE'
fraudulent imposture and often IRON perverted mora"
sentiment; but siil tcy were oiiloS I4inu
Kind evidence amt liable TO be ab2nl"l Oh uttlc.
Information or on so.nlef rasoLiaE D' 10y n c,in
insane deusiou5. An insane Gci!,ioh wa tn } IL
age of a diseased brain. which Gcaes reason ana I.i
Guile and throws into Disorder All inc springs u """
action
TIE QUESTION FOR THE JURY To DETERMINE
Before asking the jury apply these considerations to
the facts in this ne wished to premise one OF two
things The question for the jury to determine was
what was the condition OF the prisoners mind at the
time when the project executed II he were SUN
cntly sane then to he responsible matered not what
uiyht have been HE condition before 2r aiieT sum-
evidence had been properly admitted as 10 h7 previous
and subsequent condition because tuI'" "-u'' pa
pectively and retrospeciveiy on ms condition a,
The time. InaSlnuch a. these disorders were %
gradual growth and OF indefinite continuance II ne were
insane shortly before or shortly acr Tue commission %!
me crime It was natural 10 infer that he was 80 Al me
time stIll ali the evidence must centre dIo"iu INC
time when the deed was done, 81, ... ..,o.,i, 10
The iury had heard good deal Of evidence respecting
ne necniiaries Of the prisoner through long period
nf ue before this occurrence, dub IL was claimed on lhe
part Of the d'IentG la, "' tEof we're Sacngiei
| subject TO dcIa6iOns 'Aal c -, ~ ~ -.
TO disturb his reason ana 10 throw IL Oh us lance
/ 4 m
biIily which t might afford OF the dolendanis Liabilities
n sch disorders OF mind. and the cJrroDOrauon when
il might Weld to other evidence tending 10 sho" snch
snrd N the time OF the commission Of the crime Tie
inv mus determine whether. at tho time the homi
| Lilrto nnder any insane dcusOn, prompt
and impsllug him 70 10 the urr,.
th1i mi mi have been made by the defendant himself at
tH time or Immediately before OF a!tor several papers
nau AMI that purported To assign the motive for
| i%e Jerd In The address to tAe American people
| the "ea CT a InuI Knew Of my purposr | con.
week. 1go IDEA ST Ipy ana kept II to myself read
me newspapers carefully for AM against the A"nh'-
t tLC aL"d gradually the conviction daVued upon me
Hal me Presidents removal was political necessity,
tc onse he proved traitor 10 the men VINO made LIN,
DC, cT iucri led me life OF the Nation" A-a.H lie
~ d.tcss .ratitIde il The pas,si OF crimes
The Pre- sdeH under the man pui"oA oi tne 'tCro ia %"
e,tr uss been gully II the oa7e, hlEattudr Il" the
alyart5 H-cxprc5s purpose mas been t. crash Cen
! crll Grant -enal or ConAlhS ana Ihel1N open
tie way FOR his denomination III - ~ l 81, le,i
dnut,s madness he has wrecEcd the once grand Rrnuh
! lean parry, and for that BE dies Ana d2,'L IS
is not ndTd.r, II Is PoIta hv,"a'' % ~ f =, inc
| ,.,t frrud Arthur Prcsdcu. and save ta- RrlubLc'
The other paperS were 81 similar lv.T In5ir vas as
evidence that. when arrested me plIrtI 70
- INF sand hat the papers WOuid explain all Ga the
i~bt of he assassination the prisoner haa Sald 10 me
I IN r vrrks thAt be satisfied That he had To 10
in' s''r mat,rr o. duty. lie had made up ais mind
| that the President ana Stt4 ,tiI! bdIi' We"
M President must In adltlon 10 trl- the Jury la
The Important testimony - tir REYNOLDS rs 10 ia" prs
o..rs stariueut- oral ana written, about ICriul@ht
.irr tbe shooting TACrG De was found rCijeIitAS the
statements concerned IN his other pap.Is s1u .'S IIS
mai the situation al ALBANY suggested the remove" oI
the President. and mat a. e i'u" nSit o1'd' more
biu,r he bec'nc NOR "r,Iei, 'h''' ne An'" 'A"'
fhe prisoner here remarked that Reynolds statement
a%r Cox proceeded quote from the address TO The
American people winch %as Wn,ltp oy NNttau ana
iiycn 10 Mr. RI, uo!ds: " nov wish a. III. distinctly
INV attr.u,ud 10 remove TIC President hod read
tue papers ior amt against ibe Admnstitl.oh tc'!
carefully TO- or three months before conceived the
| idea OF removing MN. Gradually, da tie
result Of readne the newspaper "a" dr@ -gitai on m,
that # the President were removed a womb uhr thc
,wo actiuus OF hc republican party auu ihrfrp! save
Rebels and tier northern aIirs' l. Va. i'J own cor
copou ana, whether rlsnt or "fohe take Tie eIIIie
second PAPER dated July o. addressed to The pnJc
| reiterated these stdtcment' AMI added: " have got
| fho inspiration wnrSc1 Out Of me.
| Tbr iury ma now before 70 everything cmauafing
ram tir prisoner about tpr time O the shoOlu- There
wards. And no" he would tS' t." ''nstei t-e import
oil all this Tue jury would r'I.it'i H,sI ""..Aei ihs
| thaJ gD'e"ITi i IT," dtI ~ rssrcsrnled A thug
rgry wouid cousilrr whether u vas evidence
annie power Of reasoning and reflection Oh the arsi-
,n.ifs and whence for and against, Residing ia the
n,,,r ri,af M. Prrslru, nJd betrayed uy party, and
ia, u uc yc!1. ~ the way 81 womb ue nrHt 10
i ,rty and would say. tHc country the prriUmi-
ms par ~ irir p"t opponents - iar there was
Nothing ia Inc con IL ii" do""'r 30 en-
shared by good many heated piFuaans' who were sane
i,dIcd tie conclusion mat to put the PrI."Ht out OI
line way ID, as.3rsInatiOG was political nrcrHHliy.
| MEN RE2UIRED TO REASON CORRECTLY.
When mcr reason. the law required them 10 reason
correcty 80 far thsir practical dniies were. con
| ccrlrd When they had the capacity TO- dis
| unguish between right AMI wrong they we're
| bound to do II. Opinions, properly soraAei
that is beliefs resulting from reasoning reflection and
the examination Of eyide afforded protect
against the penal consequences Of crime. man mlghi
b.iDyc course cf action To be right; and The law IA! hi
forbid wrong NcNttl-crSr NJ gu fi OBEY the law
and uulI1n. could hill HON lie CO8SeA ucuccs OF
| IN. ,oiatl.n Of the las, except tie idCt thaL lie
! ,y,s 80 craIrd By disease 40 1" be unable TO corn
| ,r.hrnd The necessity obedience. (Iert
Jr COX quoted the decision OF She supreme Court