The Republican. [volume] (Oakland, Md.) 1877-current, 1884-01-26


restore order. During Mr.. PattersOn'S |
address Lizzie Mutt placed her head |
on her mother'S shoulder and wept
convulsively.
The Judge charged the Jury to give
verdict in accordance with the law
and the evidence. The prisoner is
charged with killing N. l.. Dukes. If
guilty he is guilty of murder in the
first degree, or is not guilty because
of his mental condition. You have
the right to return a verdict of muir
der in the first or second degree, or
of manslaughter. Judge Stowe here
defined manslaughter and vaIuptary
manslaughter, thus conveying the
impression that Mutt should be con-
victed of one of the two grades. Con-
tinuing he said; "In order to acquit
the prisoner this jury must find from
the evidence that he was subject to a
power greater than his own will. For
my part | have little faith in that in
sanity which shows itself moment
and then dies away, leaving no trace
behind it. You have no right to in
fer insanity from the act. but have a
right tc consider in connection with
the killing any popularity of action
on the part of the prisoner. You
have the evidence of expert witness
es, which must be valued as the jury
may see fit, for they are usually Sc.
lected with view to their ability to
give favorable testimony, and very
| often for hire. The actual line be.
tween sanity and insanity is not cas-
lily drawn. This is a serious inquiry
for us to engage in, but we must
meet it. You must not be careful TO
distinguish between the act of sane
mird in person and the act of an
unsound mind. If you a"quit him,
you must state that you do so on the
ground of insanity. If it has b. en-
shown by fair weight of testimony
that Mutt was irresponsible, he
should be acquitted; if by fair weight
OF testimony he is shown to be sane
he should be CONVICTED of some de-
gree of crime. The Commonwealth
does not demand acquittal any more
than conviction, but she does demand
just verdict"
The jury retired 10 minutes before
s, and at $3.50 had failed to agree upon
verdict, and Judge Stowe decided
to adjourn court until morning, and
the prisoner was removed to Jail.
As the jury filed out Mutt peered
into their faces with a troubled look.
His mother came over to him, and
with her arm around his neck talked
to him for little while and then sat
down, kissing him and covering her
face with her handkerchief. Lizzie
came over to her brothers side and
soon had him smiling cheerrully.
Promptly at $50 O'Clock Tuesday
morning Judge Stowe ordered the
court opened, and the prisoner was
escorted TO his seat in the rear of his
counsel. His countenance wore
look of anxiety and often changed to
one of confidence, as words Of encour-
ment were whispered into his ear,
and again putting on an air of de-
Spendency as the thought that the
jury might perhaps find him guilty
fitted across his mind. He was clean
ly shaven and dressed as usual, but
evidently the excitement following
the trial and the arguments of coun-
sci had so affected his nerves as TO
exhibit itself in the twitching of the
facial muscles and other movements
of the body, which indicated that his
mind was i'll at ease. He stated to
his counsel that he had rested badly
and, with the exception of an hour
or two during the morning, he had
not slept during the night. The curl
osity of the audience was intense, and
at every rustic or commotion at the
door there would be turning of heads
and stretching of necks.
AT 9.57 the jury filed in, and as they
seated themselves the silence that pre-
vailed was oppressive. After answer
ing to their names the judge said:
"Gentlemen of the jury, have you
decided upon verdict ?"
They replied: 1--WE have"
The court then said: "Prisoner at
the bar. stand up" Mutt, who was
very weak and much affected, at
tempted to raise TO his feet, but had
to be assisted by one of the court Off
GERS.
"GentIemen, what is your verdict ?"
asked the COURT" Not guilty, on ac-
count of insanity at the time the act
was committed"
The crowd, which with difficulty
had been restrained during the day
gave vent to its approval in a loud
cheer which the immense crowd on
the outside took. up and answered
hack and another cheer went nm from