Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1892-06-15

ed no signs of insanity Wheu no vas o0S
brought to Charles-Town and on the way
to Charleston. f. T. Licklider thought
him sane; was usually rather reserved; had
high temper when aroused-not well con-
trolled. D. L. Rentch had not seen any
thing to cause him to think the accused In
sane. Admitted that he had said to Fay
man that Smooth was little off, but that
was from what be had heard of his conduct
not from observation. H. L. Snyder didn't
think and had not thought him insane
Cross. examined: In trying to prevent FER
rell from cowhiding Smooth, told him to
regard the latter as crazy; did not believe
he was insane; thought his conduct queer.
T. w. stringlcy, H. H. Cooper and Jacob
Wintermoyer had seen nothing strange IN
his appearance or manner.
Benz. Hartzell testified that Smootz had
told him he was going to circulate the re-
ports concerning Miss Terrell. Fred Welt'-
heimer testified that prisoner had talked to
him about Miss Ferrell and told him that
if he couldn't marry her he would send her
to hell and himself too. Mr.. Weltsheimer
was subjected to a severe cross examination
but to little purpose. The conversation
quoted from included statements concern
ing her character which he did not wish to
repeat and did not believe.
Rev. ]. R. Van Horne had been approach
ed by Smooth with statements concerning
Miss Ferrell which proved to be untrue
he wished Mr.. Van Horne to intercedc with
her parents for an interview, also to prevent
certain other girls from associating with
her.
Mr.. Jacob Terrell, grandfather OF the
young lady, testified that no objection had
been made by the family to the attentions
of the accused to Miss Fcrrell.
With this evidence the State rested at four
o'clock Friday afternoon.
Argument began about ten o'clock Satur-
day morning. Prosecuting Attorney Brown
said that the statute, following the divine
law, declared "Thou shalt do no murder )"
that wiliul, deliberate, premeditated killing
was murder in the first degree, and that the
penalty was life for life-not in vengeance
but to protect society-to yindicate the law
Reading the instructions asked for by de-
tense and granted by the court stating the
different verdicts that might be rendered,
he said that the act under consideration
was murder in the first degree or nothing
The State had proved by uncontroverted
testimony the facts in the case. He related
the events preceding the crime-the atten-
ton of Smootz to the young lady-her re-
lection of him-his purpose to compel her
to marry him-the efforts to ruin her repu-
tation-threats to kill her-and, finally, the
killing with its dreadful details. He touch
ed briefly upon the plea of insanity. If
Fayman's definition of a maniac, as man
whose conversation turns continually upon
enc subject, were correct, the Creator would
have to turn the world into vast lunatic
asylum. The theory of insanity, devised
for the benefit of criminals, should be ac-
cepted with great hesitation. If man has
an irresistible impulse to kill another, the
law has an irresistible impulse to punish
him.
Capt Baylor said the same voice that had
declared through the law-giver: "Thou
shalt do no murder" said through the pro-
phet: "What doth the Lord require of thee
but to do Justly and to love mercy and to
walk humbly with thy God?" He denied
that the plea in this case was new one,
but claimed it was supported by the wisdom
of the law and the common sense of the
world, and cited number of notable cases
in which the defendants were acquitted on
the ground of insanity He read from the
instructions of the court to show that all
murder was presumed to be in the second
degree, if the killing is shown, and that the
burden was upon the State to raise it to the
frst-to prove malice. If the
Jury believed that the deceased came to her
death as alleged, but that there was such
defect of reason in the prisoner that he did
not know the nature and probable conse-
ouences OF his act or that it was wrong,
they must acouit. The true cri-
terion of the presence or absence Of insan-
ity was the presence or absence of delusiOn,
etc, He said malice was an essential ingre-
dent of murder; that the prisoner was des-
perately in love with the girl, and that love
and hate could not exist in the same heart.
There was no malice in the case-it proceed
ed from the madness of love. Capt. Baylor
eulogized the character of the dead girl in
poetic phrases. The letters were read and
the evidence reviewed to show the delusions
that had seized the accused and the derange-
ment of his mind He had conceived the
idea that he had wronged the girl and
couldn't be reasoned out of it at the point of
pistol. 1t was not a sane mans act to face
death rather than fly or retract, or to talk
publicly of his intended crime. Could
man leap with one bound from virtuous
life to the condition of base criminal with
out intermediate steps? Capt. Bay lor clos
ed his powerful speech with an emotional
appeal in behalf of the brothers and sisters
of the prisoner and for mercy to him.