The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-06-09
Afternoon Session.

u
sanity followed, the case cited being Hoyne'
% Cal, 120 to l2S.
A recess was taken.
Afternoon Session.
Mr. Highton resumed his argument on he
opening of the Court in the afternoon. Speak
ing of the Hoyne decision he said: " t page
12O Of that case Mr. Justice McKinstry,
speaking for the Court in banc, says: The
Court below charged the jury, AS a defense
to this prosecution the defendant has inter-
posed the plea of insanity. " Insanity,
used In this sense, means such diseased
and deranged condition of the mental facul-
ties as to render the person incapable of dis
tinguishing betw cen right and wrong in rela-
ton to the act with which he is charged
This is precisely the definition of insanity
upon which we rely in this case"
THE DEFENDANTS HISTORY.
After Il most exhaustive consideration of
insanity and the procedure of Courts in CAGES
where insanity is defense Mr.. HightOn
proceeded to give the history of the defend
ant, as follows: The defendant was born I'm
San Francisco in the year 1857. BE lived
here until 1870, period of thirteen years,
with the exception of a very short visit of
four or five months, which he paid 10 Ger
many, which is the land of the nativity of
his father. He attended school here among
others, the Oakland College school. presided
over by the Rev. Mr.. Drayton the Union
College school, under the charge of the Rev.
DIR Huddart. and the University school, pre-
l.
49, after having resided in San Francisco for
the period 1 have stated, and commenced his
education in this city and its neighborho0d,
he went to Hanover, in Germany, where he
attended school for a period OF about two
years. Then, at the age of Is, he returned to
san Francisco and attended the South Cos
mopOlitan school, which is one of the public
schools of San Francisco, for period of about
two years after which he remained for some
six months at Healds Business College. He
then became clerk I'm his fathers Office, his
father being then and having been for many
years, extensively engaged in mercantile pur-
suits in the city and county of San Francisco,
and engaged in other enterprises in other
parts of the State and outside Of the State.
He remained a clerk in his fathers Office for
the period OF about two and a half years,
until 1877, when he became the Secretary
of the California Sugar Refinery, and he
has held that position ever since, as we'll
the position of Treasurer of the Hawaiian
Commercial and Sugar Company, and
Director OF that company, and also that OF
being one of the members Of the house OF
J. -. Sprcckels & Co., which has long ax-
iste5 in this city and county,
CONCLUSION OF THE BRAIN.
Now, then. I come down TO the facts and
bearing In mind the views which have been
hsIetotoTe expressed az part of tkis open.
log 10 what we term the prOdIspoBinR
cause. the testimony tending 60 establish
which we design TO introduces. About
tho month OF June. 1880, on Seventeenth
street. in this city and county, the de.
ssndant in this cause was thrown from q
buggy. aud met with very serious acct
brain. He was at that time Secretary Of the
sompany 20 which I have alluded, and
down - that period had discharged. un-
assisted, Ills entire duties as such Score
' otoSuirrsd he was wA confined to his
6oYse and to his bad, compelled
to leave Off the performance OF all
burisess obligations, placed under the
~ hi arahvT nj yasHr hn
Introt uced before you-for two or three
months, and became utterly unable,
through his physical condition, to attend
% business. In consequence OF this very
him, and which produced the immediate
effect to which / have invited your atten-
ton, of conclusion Of the brain, and by
reason of the fact that he was unable
from that cause and at that time, to fulfill
his duties as Secretary Of the corporation
by which he was employed, one of his
brothers was selected to assist him,
and thenceforward, for very CON
siderable period OF time. mostly did
the work which devolved upon the
acting Secretary OF that corporation.
Some three months. however, after this &C
cident. or about that time. the defendant
returned to the Office of the corporation
and commenced the endeavor regularly t.
fulfill his functions as Secretary, but he
suffered greatly, although. of course, to g
certain extent internationally, from pain in
the head, until about Janugry 1884, Q
period of some eight mon hs. or Whereabouts.
after the Gccident-ssVen or eight
months-when an RbscssS formed in the
head, behind the drum Of the ear. and this
abscess was the result of the accident
which I have underworld to describe.
From this illness, accompanied, as it was,
by the most intense suffering. he was con-
fined to the house for q period OF about
four months. He WAS six weeks in bed
at that time, and mainly delirious. Two
SEVERE AND IMPORTANT OPERATIONS
Were performed up n him. One of these
operations was performed by DIR. Lane,
ana consisted of cutting through the ear
drum and into the bone at the back of the
head, where, of course. large quantity
OF pus had settled. The other operation,
which was performed by DR.. PlummOr,
assisted by Dr. Douglass, conSi ted of cut.
ting behind the ear, through TO the bora
and inserting drainage tubes in order to
enable this accumulated pus to DC dis
charged very delicate. very serious and
very dangerous operation. He was now,
under the instruction OF the very able
physicians and surgeons by whom he was
attended, directed to abstain from work
for a period or At least year.
He suffered pain which amounted to
agony; was frequently lseched and Bills
tered, and underwent q very great Rnlount
of torture. At last, in May. 1851, he started,
for the benefit Of his health, with the hope
that his recovery might become complete,
on q trip around the world. he was &c
compaRied to New York especially by Or.
for a period OF about two weeks. on ac-
count of his physical condition. He then
went TO Bremen, In Germany, in company
with a friend for months after DIR. Plum
mer parted from him In the city Of New
York he 81 cred, at intervals, acute pain,
and he consulted very eminent physicians
and surgeons both Ia New \ ork and Ger
many, and underwent their treatment. He
went from Bremen through Europe. and
returned to SGE 4 rai.s. co 10y way Of hina
and Japan. arriving hcse. On MS cturn,
about the first day OF April. lS5..
Now we viii show To you bOtn by medf
cal testimony and by the evidence OK ac
CuaintanceS friends and relatives. T. G
permanent ConS5G ucnces OF this accident
and OF these illnesses. and how they IN
crea sed the suscepti, i itV o. his brain. and
rendered him liza ole TO SoEerc and pro
traCteu headaches. 4 ing m Al, pos
seSsed as lac Is now, o. mole than average
inteIi .ence he neVeTtheie . suffered SO
acutely that, as those & ntlomen will eX-
plain t. you who are familiar with the
PATHOLOGICAL condition OF tile brain, tn t
he became peculiarly su ceplible TO sXcit
lug ca uses OF u v Gcscrii tion, those appli-
ca ole TO this case, canst5tinR of facts 10
which, in very few moments l shall be-
gin 10 direct your attention.
CUMULATIVE EVIDENCE.
Ha at one time had to 60 70 Aptos to lis
fathers ranch. and seek relief there In
outdoor exercise. He was unable 20 bear
the confinement and restraint OF an office.
He was a young mAA who had always
lived at home; who was most dut1fuI ana