Daily Republican., 1888-05-19
sUBMIrrED xo the july.
Close OF the kiedsl oass-The Charge
of Ohief Justice Oomsgys- rhe Jory
stlli Out at Midnight.

VtVt9 VI tkht Est%sk1t ee ~h@s -
of ohier Justice oomssys- rhe Jory
stui Out at Midnight.
When Court 70 convened at Q O'Clock
yesterday afternoon after the noon ro-
cssp, Mr, Biges resumed his argument
for the State In the oaso OF Charles
Henry Riedel. In fev,e ~ing the evi.
danoe OF the medical Witnesses, he said
that one OF them who had testified that
ha WAS 40 years old, bad told them
thinRs that . 10 year-old school boy
would know was impossibla. This
witness said that the prisoner might
have besn Walking calmly and peace
ably along tho street without any
thought Of doing wrong, and the sight
OF the rsvolvera In the window might
have caused the latent insanity to de-
velop, ard cause an irretistible desire
to kill himself or SONS one else. dc
pronounced thls foolishness, and claimed
that IL was oontradiotsd by the testi
mony OF the medical experts from
Philadelphia.
he oontinuei speaking until 4 Al
o'clock, and as goou sa he finished the
Jury wAs charged by tho Chief Justice,
who said: The indictment charged the
prisoner with murder OF the first de-
eree. He then described what constl
tutad murder OF the firAt degree, and
said that in thts case the prisoner wal
guilty Of murder OF the frst degree OF
not Ruilty OF any crime whatever. Thii
killing was deliberately done, and with
o weapon prepared by the prisoner
while the victims were his own wife
and child. 1t is claimed by the p-iE-
oner's counsel that at tho time the aol
was mmitted the prisoner was In
sane, and not responsible, consequently
this Is the question that the jury wal
called upon TO determine. There IL
however, NO supposition TO show thal
Apy one 10 not responsible for his aots
and where this defense 10 set mp, the
burden OF proof rests upon the pris-
oner to establish the fact.
| He ipntAnced several kinds or insAn
ity, including manin-potu and Klepto-
mania, both OF which be said rendered
their victims Irresponsible for their acts.
According to the testimony OF the
learned medical experts there 10 dis
ease Of the mind known as melanoholia
| which sffectuRlly destroys will power
The defenHe olnims that the prisontl
was suffering from this dissass, and
therefore insane OF tho timo the act w4i
committed. The WITNESSES for the STATE
testified that they did not believe the
prisoner TO be insane, but admitted
themselves that they had never had AR J
experience In the matter. Where there
10 Guoh q conflict OF Testimony, the jurJ
should not be governed by the weight
but by the experience OF those giving
II. Some persons thiGk that Z
person cannot be insane withou. show
Ing 1t, bnt while We may not see any
outward deiormity of the phyeicR
structure, there may be mental dis
ease that Is not disoernnole, bat whiot
may lay latent until something Gomez
to arouse 1t.
To constitute insanity rs . defensi
for orlme, 1t muat be shown thst 1t wal
of such q nature % to overcome the will
power and deprive the person OF th'
KNOWLEDGE to distinauieh right from
wrong II the jury believe this haI
been shown by the evidence, thon thi
prisoner 10 not guilty OF any cTime. Ii
this connection the Jury must take in.t
consideration the kind and peaceful re-
lAtlons which existed between this mar
and his wife; neither has 1t been shows
that be WAS subject 10 dissipation, hn
on the contrary IL has been shown thA
previous 10 this occurrence he WAS .
man OF good character. Hal the rs
verse been the case the State would Ger
tRinly have brought 1t ont, for in 4
orime rs Attrooious rs this 1t is no
likely tha. any evidence would be over
looked. Not until sll doubts of th,
prisoners sanity have been removed
would ths Jury be justiflsd In render
| Ing verdict OF guilty,
| II the jury were satisfied that the evi
dsnoe OF the medical expert Including
| Dg. Ogle, Ia correct, the Gaze 10 one IL
which the Jury must render y verdio
OF not guilty, by reaSon o, insanity, bu
II on the other hand they believe the
the prisoner WAS In the full possessioi
of oil hiA faoGlttes at the time ths crimi
WAS committed, they must render
verdict of guilty as in msnner and form
indicted.
The charge WAS completed At 81
| o'ol2ok and the jury retired.
| a Jury was then drawn mud the cas-
Of John W. Foster vs. LeA Pusey Wa
taken up for trial, with Levi y, Bird
Erq., for tho plaintiff, and E g. Brad
forn and 4. q. VApdegrlft, Esqs TO
the defendant.
This 10 al action brought to recover
damages for the lons oil the plain 'ifi'
right hand in tho wAddiDg re ON OF th'
defendant's mill, on June 10th, 1886
| 1t 10 claimed ihst the accident wa
caused by the defend ant failing 10 keel
the machinery In goot order, but in
stead, allowed It to bscome defective
and out Of repair.
As 1t Was but q few minutes OF
O'Clock when Mr.. Bird Hnithsd reodiri
his declaration, Court took a rece.s
The jury In tho Riedel case were still
out at midnight.
| -S-S-