The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-07-13

cause it did not SET out with sufficient
particularly the crime
Another error the Judge was said to
have made was in admitting the written
confession of Fales as evidence. Also
that the Judge erred in refusing to
charge the jury that the defendant was
entitled to every doubt raised on the
whole case
DEPUE ON INSANITY.
In regard to the point raised
sanity e Faies the 9sTsaasdE5 co9aseiIor Me- e
McDermitt said that On the trial the de-
fence had called Elizabeth Cherry to
prove that Fales, Sr.. was insane and that
ne committed suicide. Judge Depue ad-
mitted the evidence to show that the ia
ther OF the accused committed suicide, but
refused to let Mrs. Cherry relate anything
about the eccentric action Of the father
70 prove that he was insane. This Mr.
McDermitt said the Court should not
have done. 1t should have permitted
Mrs. Cherry to relate what she knew.
McDermitt claimed that this was the best
evidence that could have been produced.
Tor the woman had known Mr..
Fales long time. The defence had
honed to prove that the boy inherited in
sanity and was prevented. Judge Depue
decided that to take testimony in this
matter would be to try new issue in the
middle Of the one being tried, and that
perhaps it would lead to third issue to
show that the grandfather was insane
or sane, and that when these issues were
tried the result might not have amounted
to anything.
Judge Henry here came to the assist
auce or Mr McDermitt and said there
was ample proof of the insanity of Fales,
ST.. to warrant the facts being brought
out in court. He read from the cross
eXam1nQttn nf MrQ Ealoc hH A ocfefaY 4
PROSECUTOR Hood that Fales would take
b ad spells and was f1ighty.n
Mr.. Hood here objected to the state
menG hat Eales, Sr, had committed sui
eide, and said that Fales before he died
said he had swallowed laudanum by acci-
dent. He had held it in his mouth to re-
leVe the pain caused by cancer.
THE Boys CONFESSION
Concerning the admissibility of the
written confession of Fales as evidence,
Judge Henry made a long argument. In
brief, his contention was that the confes-
sion was written by Police Justice Hayes
In long hand and that it was not correct
statement of what the boy murderer
said. He claimed also that
the Prosecutor had told the Police JUS
tice to get statement from the boy, and
that the confession was not, Bheretore, a
voluntary one. When on the trial of
Fales, Justice Hayes was asked if the
statement was what Fales had told him
to write and Hayes had answered 1t was
precisely what he said'
Judge Henry next took up the charge
OF Judge Depue that she jury were judges
OF fact and not of law, and be cited many
cases to prove that Judge Depue erred,
and that in cases of libel and homicide the
jury was the judge of facts and law both.
Chancellor McGill said that the conati-
tuition of some etates made the jury
judges of fact and law, and this might
have been the case of the decision cited
but Judge Henry said that was not
so. He cited Justice Field of the United
States Supreme Court to sustain his
Argument. and Chief Justice Gibbon of
Pennsylvania. After alluding to the
other exceptions taken at the trial. Judge
Henry concluded his argument by declar-
Ing that the Indictment was insufficient
That it charged a common law
crime and the boy was tried for
statutory crime. Judge Henry
cited many opinions and the Constitution
of the United States to show that this
procedure was Irregular He declared
the Indictment was a travestv on Justice.
Prosecutor Crane and Assistant Prosecu-
tor Hood made an able Argument to sus-
tain the conviction. The Chancellor took
the papers and reserved decision.