The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-12-30

time of the commission Of such crime the
defendant knew that IL was wrong to com
NIT such crime, and was mentally capable
OF choosing either 10 do or not TO do the
act or acts constituting such crime and of
governing his conduct in accordance with
such choice, then it is your duty, under
the law, to find him guilty, even though
you should believe from the evidence, at
the time Of the commission of the crime
he was not entirely and perfectly sane.
THE court instructS the jury that II they
believe, from the evidence in the case that
at the time OF doing the act charged, the
prisoner was not of sound mind, but was
affected with insanity, and that such affec-
ton WAS the efficient cause OF the act and
that he would not have done the act but
for that affection, then he ought 10 be ac-
quilted. But the court further instructs the
jury that this unsoundness of mind, af-
fection Of insanity, must be OF such de-
gree as to create an uncontrollable i'm
pulse TO do the act charged, by overriding
the reason and Judgment, and obliterating
the sense of right and wrong as TO the
particular act done and deprivfng the ac-
cused Of the power OF choosing between
them"
After declaring al some length that the
prisoner must be acquitted If believed to
be insane, and saving that insanity is
legitimate defense. the court said:
at is not sufficient to warrant conviction
of Mr.. Prendergast with the weight ana
sanity. Nor is II sufficient upon the doc
trine of chance. 1t is more probable that
he was sane than insane. You must go
further than that, and although the pre-
ponderance of the testimony may incline
you to the belief that he was sane at the
time he fired the fatal shots, and even II
there is more testimony given TO show his
sanity than his insanity. stih, If you have
any reasonable doubts as to whether he
was sane, the law gives him the beneht or
that doubt and your verdict must be ac-
cordingly.
sIf the jury believe from the evidence
that the defendant was labor1ng under
;+ d hfc frfy N
to commit the deed for the benefit OF man
kind, and to prevent the slaughter or ind1-
viduals on account of the railroad tracks
not being raised, and that he, the ue1end-
ant believed in his delusion at the time OF
the killing they must acquit him, provided
you further believe from the evidence that
at the time of the shooting of Garter h.
Harrison the defendant was under the i'm
pulse of such delusion TO such an extent
that il uncomfortable by oVerrluihg
the reason and Judgment ana opnteratnS
the sense of right and wrong as TO the
act DONE and depriving the accused or the
power OF choosing between them
The remainder of the charge was on the
points of law and evidence. Twenty min
utes were consumed in delivering the
charge and the judge said: Gentlemen.
you may retire to consider your verdict"
THE JURY OUT ONE HOUR.
Leaving the court room at 1:27, there was
nothing heard from the jury until exactly
an hour had elapsed. At 2:21 Bailin Busse
hurried through the room toward the door
leading to the Jail, and there was murmur
trat a verdict had been found. Busse had
gene to notify the jailor to bring the pris-
oner into court, and two minutes later the
jurors filed into the room and took their
places. Judge Brentano came from his
room and took his seat on the bench. and
simultaneously, the prisoner was led In
AS Prendergast took his seat the judge
'Tiave you agreed upon a verdict?"
Juror Jacob Sutter had been chosen fore
man, and he held in his hand sheet of
Hand your verdict to the clerk to be
MIR Sutter walked 20 where Clerk Fitz-
gerald stood beside his desk and handed
him the document While Fitzgerald read
in measured tones the finding OF the jury
the prisoner had focused upon him the eyes
of nearly every person in the room, and
with difficulty he kept from breaking down
As quickly as the reading was concluded
the bailiffs hurried him away toward the
door leading TO the jail, but attorney Wade
made the usual request that the jury be
polled, and the judge called to the officers
to bring the prisoner back lie was r.
turned to his seat. a-.i the clerk began the
process OF polling the jury by asking:
Jacob Sutter, was this and is this now
your yarlict?"
Mr.. Sutter stood up and said, ''It is
Each member of the jury was called on In
Then the prisoner was removed, and the
judge announced TO the jury that they were
excused from duty, and the proceedings
were ct end.
Before the adjournment of court Mr..
Wade made the usual application for a
new trial, and the Judge announced thai
he would hear a motion to that effect at q
future date. The mother of the prisoner
did not trust herself to remain in court to
hear the result OF the trial, but fingered
around the corridors waiting for the first
news to come from the court room. When
1t came, an instant after the verdict was
rendered, she toCtered away, clinging to
the bannisters for support as she descended
the stairs and struggled through the ex-
cited crowd thronging the approach to the
court room. John PrendergaSt, the prison
ers brother If he was in the court room.
left without attracting attention. Mr.
Trude and his associate, BIr. TODD, were
heartily congratulated by all who could get
near them, Preston Harrison being one OF
the first TO reach the side of Mr.. Trlde
and thanked him for his efforts
Prendergast was led away to his cell IN
the jail. and Bailiff Becker was detailed
TO stay with him. The prisoner refused to
see any one, and as soon as he reached the
cell threw himself face downwards on his
bunk and would not graufy the curiosity
or the crowd that gathered around the spot
from which a view of the interior of his
cell could be had by looking up