New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-24
LOCAL MISCELLANY.
Iys,NIry REJECTED AS A DEFENCE.
A VERDICT or MURDER IN THE FlRSt Dh"hEh :"
rur cpAyrS CASE AT NEWARK.

A VERDICT or MURDER N THE FIRST Dh"hHh H'
THE GRAVES CASE At NEWARK.
The trial of James Graves for the murdcT OF ~
ward Sodon was concluded yesterday at NcWuiH y,
and a verdict was rendered by the jury OF muruer III
tho first degree. The jury was OUT ti i oId man
The defence was INSANITY UraVes 81, u a. hccn re-
rarlcd as eccentric and for several years mas pen
given the name of Monkey" braves ny ino ~ % .
in the neghbornooi OF Conhe i tosy f"r sew
lived. The members OF the Sodeh lainliy LOT Sep
nrI yeors have been objects of aversion to GraNes
who alleged that the father and son peisecu.tsu
him Two years ago he thrust the hoy IIon. t,io
ICON of his house. and when demonstrated WIN
Lv The father threatened to shoot him. FOR thlS ne
was sent to Jail Early on the evening % rcr and
went TO the vicinity OF Lawrence ana Hd.ket-sts';
where he lay in wait for Edwatd SoIeh, ooS VI
thirteen years. who he knew would soon come
oiong To light the lamps. When the boy With a
young companion, was III tue act OF HEn'nS -
lamp. Graves approached ana pl9cnlg n S niIto =.
Sodcns side fired. The boy lINed only lew nouls'
When arrested as he was walking away uFaNcs
expressed satisfaction at having committed tnc
murder and when arTalgned prioIo tnc PU r w
iustice he voluntarily pleaded guilty OF murder ih
The second degree. In the tri4., medical experts
were summoned to testify as To ms sanity anu anu
other witnesses including the prisoner himself ioS
titled to his peculiaritieS' anu 10 INC Ni''' 'i"'
might affect him mentally , $50 ,,,
Yesterday morning the case was summeth up Dy
The counsel. The father and mother OF tilV p ni,
Gnr.d hnv were present and wept when the lrose-
cutor addressed the jury ne LroseCu'S i E;,oic
INSANITY was defence that had become & IL
q,
had made a mockcry OF justice. In MS chalsc ~
the iurv Judge Eepue said that the law, auopls q
standar,I of IT'S own as test OF criminal IcSPoiair
IiIity-nOt always in harmony Win inc WINS oi
scientists Many of the forms anu degrees OF
mental disease which, in the Judgment OF learned
men would lie regarded rs insanity, are utterly re
iecied bv the law. Ii regards insanity as a disease
Implying fNeuneSs and cOntuuouSneSS oI mehta,
condition. and rejects what Is called emotional
INSANITY" which begins on the eve OF the criminal
act and ends when 1t is CODSumnatcd. hegar"lh-
moral INSANITY Judge Depue said that, stripped OF
lis Lign-SouuAing name, moral insanity is WIckcI-
ness-depravitV Laws are made and courts eStap-
Gshed for the suppression of crime begotten OF suci
canSes The mind may have become so ~eabenIu
bv disease as not to he capable OF reaH@ih" tno
cEorIuItv Of n crime. may have become so HtlI-
allie and cXcitable through life OF deRIauIns wee
and sensual indulgence as to induce an uhuue re-
sentiment of Injuries or insults and yet the accused
man would lie crImnay responsible Tor ms a1ts'
l. must be shown that the accused man, IRON us
case Of mind did not know tie nature or qnalty OF
tLe act he was doing. or that he did not kno" ne
was doing wrong Capacity and reason SUFFICIENT 10
en.ble the accused man to distinguish between
rrht and wrong were adopted by the Courts OF New
Jersey in the Spencer case IN 1916, ana TINS mas
been the settled law IN the state ever SINCE II the
accused man had sufficient mind 10 distinguish ue-
tween right and wrong. and could control ms con-
duet under ordinary circumstances, he cOulI hoV
acouit himself on plea OF lrreslSu bic impulse