Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-01-13
DALEY PRONOUNCED INSANE.
The Jury Acquit Him OF the Murder OF
Hr. Kennedy.

The trial OF John Daley, indicted for the murder
OF J. C. G. Kennedy on the p3th of July last, re-
suited last evening an the acQuittal OF Daley, on
the ground OF insanity. The district attorney
concluded his argument about O'Clock, and Judge
Montgomery then charged the Jury. He dwelt at
some length on the question OF the responsibility
OF the prisoner He said II the jury found that by
reason OF mental disease Daley had far lost the
power TO choose between the right and wrong
that MS free agency was at the time destroyed,
and the homicide was the product OF the mental
disease, he was not legally responsible. On the
contrary, II they were satisfied that the defendant
was not Insane, either wholly or in part; that he
mad no mental affiiction, or, II that even though
hewas TO some extent affiicted mentally that he
sun had sufcient capacity TO understand and did
understand right from wrong as applied to this
the homicide was not the product Of his mental
innrmity, he should be held responsible and con-
The jury retired at 40 O'Clock, and returned
about O'Clock with the verdict "not gully, BY
entered discharging the prisoner. As soon as this
was done, Detectives Horne and RIM, who were
IN in waiting. stepped up, and Mr.. Lipscomo said,
daley, you go with these gentlemen"
Daley turned nstlessly toward the detectives,
saying. "Ah Tight, all hight; III go anywhere you
He was locked up at the nrst precinct station to
await the formal examination as to his insanity
and commitment to the asylum.
THE Law IN THE CASE OF COMMITMENT OF INSANE
PARSONS.
When the verdict was announced neither of the
defendants counsel (Messrs. T. +. Miller or II. c.
Clagetp were present. Each OF them state that
had they been there they would have requested
that Daley be detained In custody, and they con-
SeQuenty acQuiese In the course taken looking to
bis commitment TO the insane asylum. 1t was
formerly the practice that when verdict OF mot
Judge to at once certify the finding to the secretary
or the Interior for the commitment OF the party TO
the insane asylum. A few years ago In the case
who was brought before the late Chief Justice
Cartier on haOeaS corpus he was discharged on the
ground that he had not been legally committed,
and the Court in General Term subsequently af-
firmed the decision OF the Chief Justice. 1t was
held that under the provisions OF the Constitution
should be deprived OF his liberty without trial by
jury, the commitment was void Bryant, who was
supposed TO have been cured, II he ever was in
sane, was therefore set at liberty, but after few
Years his malady reappeared, and under proceed
ings de unaticO inqurendo he was again sent to the
asylum. With the decision In this case In force,
Judge Montgomery could not take any official
action other than to discharge the prisoner. He.
however, regarded IL as unsafe TO allow Daley to
go at large, and suggested his detention by the
police authorities, ana Detectives Horne and Ran
were called in.
THE FIRST CASE OF THE KIND.
This morning, Sanitary Officer ID. II. Teeple was
Instructed by Major Moore to see the attorney OF
the District (Mr. Rdde in reference to taking pro-
tctulhSs uhucE VIII OF ue tuputtcO tnQuuenQO,
Tor the commitment OF Daley to the insane asylum.
capt. Austin states that this Is the first time the
District has been called upon to take such pro-
ceedingS after similar verdict In criminal case
IL was supposed at the court house that under the
general powers OF the police in such case the GER
urcate OF the police surgeon was all that was
necessary.
COMMENCING TO-DAY the West Shore Railroad
Will run an elegant drawing room car between
Jersey City and Albany on the IL 80 am. train.
Paror car will also leave Albany $50 a. IN. every
day. except sunday, for Jersey City. Connections
are made In the Pennsylvania Railroad station,
Jersey City, with the through trains to ana from
Philadelphia, Baltimore and Washington.
Mrs. SCoTr-SIDDoNs' farewell appearance, Mon
day evening, Jan. 16. Reserved seats at Ellis
Music store.