Evening journal., 1893-12-30

his sanity, nor is it sufficient upon the doc
trine Of chance. It is more probable that
he was sane than insane.
you must 90 further than that, and al
though the epreponderance of the testimony
may incline you to the belief that he was
sane at the time he fired the fatal shots,
and even if there is more testimony given
to show his sanity than his insanity still
If you have any reasonable doubt as to
whether he was sane the law gives him the
benefit Of that doubt, and your verdict
must be accordingly.
III the jury believe from the evidence
that the defendant was laboring under
delusion that It was his duty to mankind
TO commit the deed for the benefit Of man
kind, and to prevent the slaughter Of in
dividuals on account of the railroad tracks
not being raised, and that he, the defend
ant, believed in his delusiou at the time OF
the killing, you must acquit him, provided
you further believe from the evidence that
at the time of the shooting Of Carter Har-
rison the defendant was under the impulse
Of such delusion 20 such an extent that It
was uncomfortable by overriding the rea-
son and Judgment, and obliterating the
sense of right asl wrong as TO the act done,
and depriving the accused of the power Of
choosing between them"
Before the adjournment of court Mr..
Wade made the usual application for a
new trial, and the judge announced that
he would hear motion to that effect az a
future date.
After the Verdict.
The mother of the prisoner did not trust
herself to remain in court 20 hear the re-
suit Of the trial, but fingered around the
corridors waiting for the first news TO
come from the courtroom. When it cane
AN instant after the verdict was rendered,
she tottered away, clinging to the balus-
trade for support as she descended the
stairs and struggled through the excited
crowd thronging the approach to the court
room. John Prendergast, the prisoner S
| brother, If he was in the courtroom, left
without attracting attention. Mr.. Trude
and his associate, Mr. Todd, were heartily
| congratulated by all who could get near
them, Preston Harrison being one of the
/ first to reach the side of Mr.. Trude, and he
thanked him for his efforts.
Prendergast was led away to his cell in
the Jail, and Bailin Becker was detailed to
stay with him. The prisoner refused to
see any one, and as soon as he reached the
cell he threw himself face downward on
his bunk and would not crafty the ourios-
/ ity Of the crowd that gathered around the
i spot from which a view of the interior Of
his cell could be had by looking up
In speaking Of the jury after the verdict
had been found Judge Brentano said; 1T
was the most intelligent jury that / ever
saw. There was not what you might term
a cheap man in the lot Every one Of them
was a good representative citizen and
much higher in the positions that they
hold in the business and social world than
the average man who can be secured for
jury duty"
The lurymen expressed themselves as
heartily glad that the long weeks of te-
dious confinement were over. Before an
nouncing a verdict they had agreed not 20
make public the scenes in the iuryroom
while the verdict was under consideration.
and after their dismissal they positively
refused to talk about the manner in which
the prisoners fate was decided.
Unanimous For Hanging.
From a court official 1t was learned. how
ever, that the jury was unanimously in
favor of death sentence. After the iurv
had retired, it is said, the charge Of Judge
Brentano was read carefully by the fore
man. A general discussion Of the testi-
mony followed, and the jurors expressed
their individual opinions, particular atten-
tion being paid TO the testimony of the in
sanity experts. Then two ballots were
taken. The first, to determine the guilt OF
innocence Of the prisoner. resulted in a