The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-01-28
THE COURTS INsrRUcrIoNA

Judge DuIlose Gives the Jury Lots OF
Things TO Think over.
Judge DuBoss's instructions to The jury
we're very full and quite lengthy. There
were twenty-five separate instructions. He
began By referring 10 the plea Of insanity.
and said; This defense, when established.
Is one which the Law recognizes; and should
insanity be proved by the evidences in this
case 20 the reasonable satisfaction of The
jury it would be their duty, in that event
20 aequit the defendant altogether. In
sanity Is a physical disease. located in the
brain. which so perverts and deTRnges one
or more Of the mental and moral faeu ties
as 10 render the person suffering from this
aiiictiOn incapable OF distinguishing right
from wrong, In reference 10 the particular
act charged against him. and Incapable Of
understanding that she particular act
was violation Of she laws OF God and 40
ciety. IL the jury believe aud ind from the
evidence, that. al the time he did the killing.
be was 90 perverted aad derangsd in one OF
more OF his mental and moral faculties, as
20 Be Incapable Of understanding that she
killing was wrong aad that 10 was a viola
ton OF the laws OF God and society, thsy
should Ind him not GuiltT. Insanity Il
ether partial OF general. General aliena-
ZION always excuses; partial insanity does
moi always excuse. On0 may be partially
n
lnal sets. The law does not excuse unless
the derangement is 30 great that il actually
renders the person incapable. al the tifns
81 us Commission, OF distinguishing be-
tween flght and wrong, in respect 10 the
athoataf eet charged and proved against
MN. To establish the insanity Of the de-
PENDANT positive aud direct proof Of IA A
not required. To entitls him 20 An ae-
quittal By reason Of his insanity. eiro1m-
e.Ahhai evidences which reasonably satisfies
your minds Of It's eKistsncs. is sufieisntn
we my believed that Bslunsk vas
subjects. under the definition Of insanitv
given ~ she court, they should find hin
insane. II they believed, on the other
hans, that be Vas only partially insane on
dee. 10 bat. nevertheless, was con
scioua Of the fact that be was doIng 80,
ane eomSrshendsd the nature and ehs,sn-
Ter OF the act, then they should hnd him
sane. IL they believed his fnssnitv 80 ~
chronic or permanent nature ia sontipu-
Gus existence ia presumed. but no sEeh nrs-
sumption arises where hiful and s1eep-
tionhi attacks are D owed: and vhere an
insane person has lucid Intervals an oefs,ss
committed Is presumed 10 have been com
mitted during lucid interval, unless the
contrary appears. 70 Ia thls case N tha
Jury believed that Bsluuak he'd lueid inter-
Nals the presumption Of law was that be
vas sane upon the night Of tue 10Th and
morning OF the l6ih % Dsosnlesc nnlss,
the contrary vas proved.
On the subject Of drunkenness the Judge
SAID y was not an excuse for crime 1nless
oceasioned b. the fraud, contrivsuoe or
siee ~ some DINER person for the purpose
OF causing the commissicn Of AZ. 49,. =
And yei, be continued, "as bearing upon
ths question Of intent and drunksnnesa.
chtiRe yon. that u Bslunakis meatsl fac
ultisl a. the slime u tie alleged crime were
- i4I overcome D. iutoxicatiou that he
1870, oelseious o. what be vas doing. or
lf ~ did knoW What he Nas doing. hut ana
hot Ano~ w ne was doing II, OF that his
eeti9as an the means lie We usiag were
h.tatsiiT .dapted Or oaicu atsd % sndan-
SCI ne Or pfoduco death. then be had not
-a-eieht capacity 20 entertain the intent
% commit ths c line charQ.i. a1d in tbss
sfena you eonld not infer thnt Intent from
~ Aet@ but " he knew Whas 40 Was
oeink Nay De vas doihR it. and that bis
sealon. Wiih She means be was using, we're