Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1886-09-23
TIE SEARS ASSAULT CASE
AOQUTrTEn IN rms aR0UNB 0F
INH 4NFFS
-
The Testimony shows thar Efc 'gna
abe Vicain ot mn HasS.uie Dei.IsIon-
aSis PrcnllmF 1.-hRyiar ssafinW ,hr
E'ginI.


'ErIaI.
Tie Unitcd Stal,s dia,riet couri p.
,mnrd its session, yebierlay afternoon
werk. The ioilowinginry ikdtawn ~ tht'
Senrs case. Frank Il Smith, b. r.. Hitch,
Thoiuas q. Bird ilenfy atcllaaiei, J Jpiin
lfehrenhacI, Dnyid Appleby, John O.
s,uckert, Elijah II. Short Benjamin W
Mnsden, s. Augustus Hodgnian, Garrett
5. Layton nnd Luther W. Palmer.
Tho prisoner was brought into the |
courtroom and gmhined throughout tho |
session. IIe is n little ntuye the medium
hight, with paie, iilip. hoggArd face,
which physiognomist would say indi-
Gated great passion. He weGrs a small
black moustache aud was dressed
shnbbily aiih his clothes lookedas though
they bad not been changed for Rcme time.
A wild look IN his eyes seemed to Indicate
weak mind Occasionally he eyod the
witnesses as they gave thoir testimony
and once or twice he seemed RATIONAL and
Interested bnt generally he stared about
in listless, TcstlH9s way in which his
| mind sennis 20 5ess pianlf
District Attorney Patterson Briefly
stated the facts ia the case. The assault
was committed NJ abOni Ausk on july 23i
southeast OF Fenwicli Island shoals
Captain Willis IL. Nickerson, the victim
of the assault testifed; "Whiie / was
lying in my cnbin, Sears entered, crying
and said. Captain, I'm so frightened
looked mp at him, whoreupon the latter,
without further pnrIey. grabbed my head
| in his right arm and drew hisra2or across
my throat with his left hnnd. struggled
and lie cut me again in the mock, and
then on the back of the head and on
the arm. I rnshed on dock and
| fell unconscious from the loss of
bIood.n District Attorney Patterson
arose aud stated that Mr.. Bird, the conn
| sci for the defence, admitted the fact Of
| the assault. Mr.. Bird announced TINT
| his sole defence would be that the pris
onef was insane at the time the assault
was committed. He further stated that
the captains testimony alone would prove
that the mans mind WAS affected. Capt
Nickerson was then put OH the estand as the
| principal witness for the defence.
| lie testified that he never had
any trouble or quarrel with Sears,
and he could give no reason for the
assault except that the prisoners luind
was unbalanced. Sears came 10 him
about three days before the assault and
said: Captain, there's going to be
trouble on the boat. / heard tho crew
say something about the captains trunk
and after dark" s'After no cut me"
the captain continued, ''he said to me
that's all right, captain, wouldn't hurt
anybody.n After rejecting on all these
facts, the witness was of the opinion thut
tho man was crazy, MS there was no
reason that he knew for the attack.
Joseph Toy, day-warden az New Castle
inil, said that the prisoner would not ent
tor two on throe days after being brought
to prison, and that lie lay on his cot
almost continually, but wopld occasion
ally shrek once or twice, saying, Don't
kill mo, it was the fault Of the crew. He
seldom spoke and when he did speak, he
would continually jump from one subject
to another without finishing on any
subject.
Alexander Il. iSenrs, brother of tho
prisoner, testified that the lattor was
36 years old aud had always hcen
regarded aa wcnk-ninded. He wns ar
rested for cutting a captain about tir' @
years ago, AT which time he was examined
by number OF Boston physicians and
pronounced of nnsound mind and put in
an insane asylum for a few days. lie was
always regarded as harmless. Barton
f,eatA, auoIhar brUthe' h0HObdrate6 ,he
foregoing testimony
Hugh Mcdonald, mate Of tho schooner
testified 10 putting him IN irons after the
cutting, when Scars said ohm: Its all
right, Mac, | wont hurt yon or amy Of the
boys.n llo did mot regard him as insane
nrs. ttrirslaw, Draper, Bush, Wales,
Ogle and Springer, from short oSamina
I i, r L
testimony of the witnesses, Ill pronounced
him OF unsound mini at the time OF com
mitting the deed and subinct TO M insane
dclusion and not Noamuiahle, They
further stntad thnt they did not think il
was safe or proper to leave him al hrge
Their evidence seemea 10 be c0ueIlsivo
as il WIZ 80 unanimous.
Potter NJ Lundy and Joseph tRilen
deck hands thought thbt Sears was sane
excrp. at the timo when he committed
the deed, when they think he must have
been crazy. Olas Christiansen had
formed no opinions in tho matter, and
would express none.
Neither counsel made any argument,
and both expressed themselves that they
would rest their cnses, and rely entirely
on the juago's charge. Court then at
As O'clock adjouruwl until Thur day
morning Mt 10 O'Clock.
Court resumed its session Thursday in
the Se,trB case. Judge Wales charged The
jury He reviewed the facts cf the case
illla on the Inv OF the case ha expressed
tbs following opinion :..The rot il nd
lnittod, but iiio defcNcd claimed that the
| prisoner IS OF nuscund miud, and, there
fore, exempt from punishment. u is
true that Insanity is ali oXrllso for az act
which would be erimnoi if comuitiad by
q pursop ut sane mind because the insane
person ia NOT considered rational bong,
able to distinguish botwecn right and
: wrong; and is, therefore, not account
able for his deeds Such peraoas
are looked npun us irges, onslbie
: idiote, and Whenever on the trial ut any
ono Tor oriainil offence, as in tbe pre-
sent case, the fnet uf the insanity Of the
! accused, at the time OF The commission OF
the alleged offence, is clearly and Suits
factorily proved tho verdict must be ono
! of aequittal the reason for this, in add
ton TO what has been said, being th;st the
accused is more IN object of pity and
I mercy, than a subject FOR punishment.
The only question then for you To decide
is whether there has been submitted
to you such clear aud sufficient proof, 10
W hhpiNliteutil1 chilNtLtNb fOtt tuiil itL LiIt
, time If tho attack on the captain, the
, accnse,twls beroit OF his reason, and was
incapable to distinguish between right
! and wrong with respect TO his acts Gt Tint
' moment. Of this question you are the
, only judges, and the duty Of the codit is
, , confined 10 directing your attention IL
] | guch portions of the evidence, and TO rive
/ you somo general instructions in refer
. cnco TO the kind and quantity OF evidtn nee
: required TO establish tho fact of insanity.
a "Every person is presumed to be si.ne,
J and this presumption continues nntil Ie,
> moved by satisfactory proof and There.
fore in this, M III nil other cases, who're
! insanity is interprsed MS defence ii {
. hnt,lei in on thH accnsud ~ prove that
!, fact clearly md ednYinciItsly II is lie,
h fence To be received with canton, hut uui
nlct sanrily with suspicion sud 10 he most
y carefully examined. When honestly
4 made it is justly entitled to doll
, bcr,te consitlG tntion. In examining Tho
Y question of insanity, the whole history
. Of the accused may be- inquired into
Il not only his present condition, but tila
!, also .ntecedelit IN the commission of tht
y offence. Tho nature OF tho net for whiol
"a be is being tried must he considered witt
nll iia attending circumstances such u,
the cAistencn or want % ptoyucatioh, tht
motive, il there was amy, for committing
>, tile act, or the want of motive and tht
~ natural strength or feebloness of hi,
n meutal faculties. Feeble. mindednesl
Ia or mere mental weakness vii