The morning news. [volume] (Savannah, Ga.) 1887-1900, 1889-09-01

stunned all society; these fits, these wild
rides you have beard of, are symptoms of
a disordered mind. Perhaps had all gone
happily with him the malady would not
have shown itself in a more serious form.
Unfortunately, as we know there
was sharp and sudden unhappiness;
such unhappiness as tries the fiber
even OF the saneSt men, and might well
have struck fatal blow to his mind 1t is
not because you see him now calm and
self-possessed that you are to conclude
that this theory is a mistaken one. Many,
even the most dangerous, madmen have
long intervals when, apparently, their
sanity is as perfect as that of other people.
Then suddenly, sometimes altogether with
out warning, a change takes place, and the
quiet and self-posses sed man becomes a
dangerous lunatic, perhaps murderer.
Such, gentlemen, is the theory of the
prosecution. You will, of course, weigh it
carefully in your minds, and it will be your
duty, If you agree with it, to give express
sion to your opinion in your verdict"
The judge summed up the case with great
care. After going through the evidence
piecemeal, he told them that while the
counsel for the defense had insisted upon
the uncertainty of circumstautial evidence,
and the numerous instances of error that
had resulted from it, it was his duty
to tell them that in the majority
from the nature of things only circumstan-
tial evidence to go upon, for that men did
not commit murder in the open streets in
sight of other people. AT the same time,
when circumstantial evidence alone was
forthcoming, 1t was necessary that it
should be OF a most conclusive character,
and that juries should, before finding YER
dict of guilty, be convinced that the facts
showed that it was the prisoner and he only
who could have done the deed.
sit is for you, gentlemen, to decide
whether the evidence that has been sub
mitted to you does prove absolutely and
conclusfvely to your minds that the pris-
oner must have been the man who muir
dered Miss Carne Counsel on both sides
have alluded to the unquestioned fact that
madness is hereditary IN the family of the
prisoner; whether or not it is inherited by
him, is also for YOU to decide in considering
your verdict You will have to conclude
first whether the prisoner did or did not
commit this murder. If you believe that
he did SO and that while he did So he was
insane and incapable of governing his
actions, your duty will be to find him not
guilty upon the ground of insani y"
The general tenor of the summing up GER
tainly showed that in the opinion Of the
judge the evidence, although strong, could
not be considered as absolutely conclusive.
Still, the bias was not strongly expressed,
and when the jury retired, opinions in
court were nearly equally divided as to
what the verd ct would be.
When he left the witness box DR.. Arrow
smith made his way to the corner in which
one of the policemen had placed Ruth after
giving her evidence. She had done this
with a steadiness and com posure that had
surprised the doctor; she had fortunately
escaped muca questioning, for the counsel
saw how fragile and weak she looked, and
as she had but entered the room, seen her
mistress dead, tainted and left it again,
there was but little't o ask her. The questions
put were-Was the jewelry safe In the box
when she left the room the night befores
Did she remember whether the window
was fastened or nots To this her reply was
negative. Miss Carne had shut it her
self when she went up in the afternoon, and
she had not noticed whether it was fas-
tened. "Was the blind a venetian or an
ordinary roller blinds"
"a roller blind"
"Then. if the window opened, it could be
pushed aside without noise. Had she no
ticed whether tie candlesticks were stand
ing where she had left them?
"She noticed that they were on the table
and in about the same place whore they
were standing the night before, but she
could not say exactly"
81 want you to 20 out, Ruth" Dr. Ar
rowsmith said, when he reached her after
the jury had retired, They may be an
hour or more before they make up their
minds. You are as white as death, child.
Let me lead you out"
Ruth shook her head, and murmured 81
must stay" The doctor shrugged his should
ers and returned to his seat. 1t was an
hour and half before the door opened and
the foreman of the jury entered. As he
was uuaccompanied, it was evident he
wanted to ask question.
MY lord" ne said, ave are unanimous
as to one part of the verdict, but we can't
agree about the other"
How do you mean SIR" the Judge asked,
81 don't want to know what you are unan-
imous about, but don's understand what
you mean about being unanimous about
one part of the verdict and not unanimous
on the other"
The foreman hesitated. Then, to the
establishment of the court, the pris oner
broke in in clear steady voice:
81 will not accept acquittal, sir, on the
ground Of insanity. | am not mad if had
would have driven me so. | demand that
your verdict be guilty or not guilty.
The judge was too surprised to attempt to
check the prisoner when he first began to
speak, and although he attempted to do so
before he had finished, the interruption was
ipefft ctual.
go back, sir" the judge then said to the
foreman. You must be unanimous as to
the whole of your verdict"
The interruption of the prisoner had en-
iightened those in court as to the nature of
the foreman's question. Undoubtedly
he had OWNED rightly. The jury
were IN favor of the verdict not
guilty, but some of them would
have added on the ground of insanity. The
interruption, although irregular. if not I'M
precedented, had favorable effect upon his
hearers. The quickness with which the
accused had seized the point, and the
steady, resolute voice in which he had
spoken, told in his favor, and many who
before, had they boen in thesjury box
would have returned the verdict OF not
guilty on the ground of insanity, now
doubted whether they would add the con-
cludiny words.
A quarter of an hour later the jury re-
turned.
I'VE are now unanimous, my lord. We
say that the prisoner at the bar is not
guilty"
A sound like sigh of relief went through
the court. Then every one got up, and
there was a movement to the doors. The
policeman lifted the bar and Ronald Mer-
vyn stepped out a free man, and in a
moment was surrounded by number of
his fellow officers, while some of his neigh
bors also pressed forward to shake him by
the hand.
II H.