The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1896-10-02
BREAKING DOWN THE DErEssr.

BREAKING DOWN THE DEFEssE.
=, Mr. White put DR.. Joseph =. Smith on
shs sssnd IN reply As said typhOIal fever s,.a.
which condition continued some time for
years.. Delirum also accompanied the fev-
or, but not In an instance could he RECALL a
case where the delirum had continued at.
Wright might have suffered from head!
aches, but they were only tho ordinary
kind. The doctor had heard the facts Of
the case and they had not impressed him
as being evidences of the prisoners insane
ty. He had examined the prisoner, but
found no traces Of insanity.
Mr.. Harrington could not shake tho
testimony. Michael Leary, who was one
OF Mr.. Harrington's witnesses In tho di.
rect testimony went on the stand and
proved as good a wltnoss for the state as
he did tho defense He was foreman Of
the shop where Wright worked and saw
him every day but never observed any
irrational acts lie seemed tho same man
as no was before the sickness. Dennis
Began gave testimony TO the same effect.
Ida Boyer neither saw any act on the
part Of Wright that indicated insanity.
She had known the prisoner nine years.
Ward Boyer knew him five years. Emma
Frenzy ton years, and Mary Thomas five
any acts which indicated insanity.
Then tho state rested.
THE STATES PRAYER.
Mr. Cooper presented the prayers of the
state. They were, that tho court define
murder with express malice aforethOugh
at common law being murder OF the tlrst
degree under our act of assembly. and
that the court instruct the jury that under
the evidence they must either convict the
prisoner In the manner and form as no
stands indicted or acquit him there being
no middle ground upon which they can
found u verdict under tho evidence In this
case.
That the prisoners threats on the Sat-
urday night preceding the death Of Ida
Crummell that he would kill her II she
persisted In crossing his will, and his re-
mark on the same night that they would
both DO In wraps in less than six months;
that his remarks to Ward Boyer few
hours prior to the murder that II he met
Ida he had something for her placing at
the same time his hand upon his hip
pocket; that the cool elaboration and
standing over her and firing several bullets
into her body after she was PROSTATE; thai
this remark to tho officer who arrested
him, that II sho was not dead he hoped sic
was and the other remarks must be taken
by the jury as absolutely conclusive as to
express malice, and If they believe such
evidence, it Is duty as jurors standing DO
tween the State, tho llvos of Its citizens,
and desperate criminals to return ver-
dict that the prisoner is guilty In the
manner and form in which he stands ill.,
dicted.
That every man IL presumed to be sane
until the contrary Is shown and the bur-
den Of proving insanity rests upon the do
fundant, which he must establish beyond
reasonable doubt and to the satisfaction
of the jury before it can shlold him from
the natural consequences of his own do.
libcratC act.
When insanity is set up as defense to
crime, it must be Of such nature as to
deprive the prisoner of the power to des-
ignate between right and wrong.
In every case, even though the criminal
be laboring under partial insanity, If he
still understand the nature and character
of his act and its consequences, and has
knowledge that it is wrong and criminal,
and II mental power sufficient to apply
that knowledge, and to know that II he
ioc- the act he will DO wrong and receive
punishment; and possesses wlthal will
sufficient to restrain the impulse that may
arise from the diseased mind, partial ln'
sanity is not sufficient to exempt him
from responsibility to the law for tho
crime.
That II the jury believes Gne snootlnB
was the result of a mere jealous frenzy
and not actual insanity produced by
diseased mind, il will not excuse the crime.
Jealousy and frenzy are no excuse for, but
an aggravation Of, the offense, and go for
nothing unless accompanied by actual In.
sanity. Society would have no protection
If violence could be excused by mere
jealous frenzy unaccompanicd by any
evidence of dethroned reason, which
would deprive the prisoner of the power
to determine between right and wrong.
That malice is the test OF murder and in
legal sense is the dictate of wicked.
deposed und malignant hoart, and OF
disposition to do an act. Express malice
is where one with seda'e and deliberate
mind and formed design kills another
and such malice may be proven by words,
threats; malice, grudye, hatred and
i'll will. and as well by the selcc lon Of
the deadly weapon, lying In wait or con-
certed schemes or plans to do some gr>S
bodily harm.
The three remaining counts embraced
the position of the jury as to their view or
the insanity plea and that good character
could only prevail when there Is u reason.
able doubt as to the guilt orinnocence OF
the prisoner
Mr.. White read the law and court re-
CO ,scd until o'clock whe tho jury will 'be
charged.