Evening journal., 1896-02-18
FARNHURST CHARGE.
Text of the Last Part of the
Chief Justices Address.
FAVORABLE TO THE ACCUSED


EmpIoyment-Attends rs Well as
Patients Must BE Proteoted-C Common
Sense Declarations From the Bench.
Gsrbled reports concerning the charge
delivered by Chief Justice Lore In the
Farnhurst case have been sent out, and,
in some respects, injustice to the court
has been done. Through the courtesy OF
Court Stenogrspher E G. Hsrdesty the
following official report Of the most
important part OF the charge Is given to
the readers OF the EVENING JOURNAL:
ut must be borne In mind that the
deceased, was one Of that class os poor
unfortunates. who in the providence Of
God are deprived OF reason; some temp
orarily, some permanently. Unable. to
control themselves and TO manage their
property, they are thrown upon the
mercy Of their friends OF the pub.
lie. In this instance they were the
wards Of the state. Their pitiful help
lessness inspires every manly heart with
commiseration and sympathy. The state
having undertaken their charge. should
see to It that their treatment Is con.
trolled by enlightened and humane
regulations; their comfort cared for, and
tendants shall be placed In charge Of
them. IL should be remembered however.
that while insanity is sometimes
quiet and harmless in It's develop.
ments, that at other times 1t
is active and violent; that in the
management OF such an asylum. so much
force must bs used In each particular
case. as may bs necessary to enforce and
maintain wholesome discipline and
sanitary regulations The law will not
measure with extreme nicely or exict
calculation, Just how much force the
attendant may use. provided he acts
reasonably and without Intentional
cruelty or viciousnsss. II you were to
bind the hands Of the attendant by any
such rule, his life might be In the un-
reasoning caprice OF q violent maniac.
and the insane would practically govern
the institution.
"The care Of the insane Is at best no
pleasant employment. Il Is our duty TO
protect these oemented patients by the
closest scrutiny and TO punish wllful or
careless cruelty but IL is equally our
duty to protect the attendants In the
discharge Of their duty from officlous
interference aud reflections and uphold
them In the maintenance of reasonable
rules This Is absolutely necessary for
the proper management OF such institu
tions.
"On the Hfth OF October, Brown. Swan
and Lynch. ware lawfully engaged In
bathing Louis They had a right to take
him to the bsththb aud give him bath.
They had right to use all such force Gs
was reasonably necessary to effect that
purpose II you beiieve from the evil
deDce In this case, they used no more
force than WAS necessary, considering
Louis strength, resistance aud known
disposition; then they were within the
line Of their duty and you should acqhit
them. Where death results undsr such
circumstances, IL Is misRdventure and no
guilt may attach to the prisoners Ia
like manner you should scquit, II Louis
death resulted from his own violence or
fault.
III, however, they with criminal care
lessness or recklessress used more force
than was necessary, but without malice,
1t would be manslaughter. II the force
used was so grossly reskless IS n aces
sRrily to raise the presumption Of malice.
1t would be murder in the second degree
''The prisoners are clothed by the law
with the presumption OF Innocence. l.
Is therefore the duty Of the state to
prove every material element OF the
crime charged beyond q reasonable
donbt II you. entertain reasonable
doubt on any material point. you must
acqult
10 convict Of murder Of the second
degree you must be satisfied that death
resulted FROM the violence OF the
prisoners, and that It was malicIously
inflicted.
ITO convict of manslsughtea, you
must bs satisfied that death resulted
from such violence, aud that It WAS un-
lawfully Inflicted without malice.
'It Is now for you to say OF what
crime these men are guilty, sif guilty st
all.
"In dsterming this you are to depend
entirely upon the testimony given in
this Court House from that witness
stand, and must not consider any other
sources OF information Whatever. You
must divorce your minds absolutely
from all sympathy from all sensational
reports, II any have come to you, from
any source or at any time. Under the
solemnlsanction of your oaths. you stand
between the state and these prisoners,
sworn to consider only the evidence that
I nhd COuu W fuu uuhNA lut blhltuouNo Ol
Witnesses here produced and sworn I;
whom you have seen and heard and
whose reliability you must determine in
reachiug your verdict By that and by
that alone, you must be governed
Wherever there Is doubt, where evil.
denoe is nicely balanced OF conflicting /;
good character, so far as proved, must
enure to acqulttal.
you may scquit ell, or any one Of the
prisoners; in like manner, you may con-
vict all or any one Of them, as In your
best Judgement, under the law and evil
dence, you may determine. Your duty Is
to scquit the innocent, and to convict the
guilty"
sudden Death of Miss Lizzie wilkins.