The times. [volume] (Richmond, Va.) 1890-1903, 1897-01-24

| dcation OF insanity. Whcn man "'"'
| Replying TO "A question by Mr. Potts wit
ness said It was highly probable that a
boy was insane II he killed a man under
the circumstances mentioned by Mr..
| Page.
| Dr. Hodges was then cross-eNamined
| By Mr.. Sands and while in some instances
| lac slightly modified his former state
| meais, as the hypothetical questions were
| changed. yet on whole he maintained
| his former expert testimony.
When Mr. Sanrs laid before DR.. Hodges
| I'm detail u 'hyponetcal case. based on
| the testimony brought out by the Com
nonwealth during the trial, the witness
| SAID that a NUMBER Of the facts mentioned
as to have happehed would indicate The
existence OF insanity.
DIR. MONTERIO TESTIFIES.
Or. A. Monteiro was then introduced
| as an expert witness by the Common
wealth. Il have been a practicing ply
stefan for forty-four years lie said, and
have been for three years in charge Of
| the male department Of the Eastern Lu-
| matte Asylum, In Williamsburg. and had
| between four and five hundred patients
| under me / consider myself an expert
| on insanity and mental troubles. / have
visited the prisoner at the bar twice i'm
| jail and examined him five or six days
| ago. and again two days ago l consider
| tho boy at this time u little above the
average OF his chances in life. lie had
| very poor environments. / formed
my opinion as muck from his physical
condition as his mental condition. in all
well marked cases Of insanity there is
/ some defect in the mental system. lie
| gave me his reasons for leaving home
his manner OF travelling. etc. lie said be
| was badly treated by his stepfathcr. /
| think he would be able 10 consider a
grave offence TO be wrong. 1 don't think
! lying is sign Of insanity. The sound
mind acts 10y reason and conforms to its
environments, while the unsound mind
acts by impulse A child OF fccble--mind-
| ed parents is apt 10 have a bad brain.
The vast majority OF all insanity cases
depends upon hereditary causes The lack
of remOrse is regarded as q sign of In
! sanity, but very distinguished criminals
have never been known 10 show fnuch re-
morse. A very small motive will have
an immense impression "pon q feeble
mind. / do not think the expression
blood thirsty means much either way by
itself.
Counsel for the defence did not cross
examine the witness.
THE COUNTY CORONER.
DR.. William B. CroXton. the county ply
| sician was next called 10 the stand 10y
| commemorative Attorney s-Sands. lie
had seen young Foushoe every two or
three days since he had been I'm Jail. IIe
had never seen anything in him that
led him TO believe that he was diff
ferent from other people or that any
thing was wrong with him mentally II
should think on some subjects me would DE
perfectly competent 10 say what was
right or wrong. especially on grave qucs-
tons l think that the boy has at the
present time a knowledge OF the intel
lectual responsibility Of certain acts; that
he has a certain sense OF right and wrong.
and OF certain acts. From my knowledge
Of him now 1 think that he has ntoli-
gence enough TO know the act and quali-
ity Of murder l think he knows what
murder is. l have arrived at this opinion
from what the boy said 10 me-"
This ended the testimony of Or Crox-
ton, counsel for the defence declining
to crOss-cXaWine him.
NOT WEAK MINDED.
Mr. Gibson being recalled by the pro-
secution. stated that he taught the pri-
nary or low est grade q the school and
explained what was required OF boys i'm
that grade. IOtshee first went into lis
grade and remained there nearly "a year.
when he went into the next higher
grade ana was now in the highest grade.
Witness thought he was on the average
20 be considered Il fair. bright boy VIII
ness had him IN his charge Mp 90 % year
and half ago except the time when he
was IN the SHOP. Since then Doe had seen
him every day and observed him rather
closely. lie did not see any acts ON him
different from any other boy. lie had
improved since he had been az the insti-
tuition. llc would consider FOushce by
far brighter than Jordan.
Jordan mad been ia his grade for over
a year ana scarcely knew to-day more
than his letters. on crOss-eNaminatlOr
Mr. Gibson stated that Jordan was not
considered a bright boz. Ile was def
cient in school as well as outside. lie
never thought that Foushce or Jordan
were particular friends
Mr. Thompson. the teacher Of the high
est class az the Reformat0ry school prac-
tically corroborated the statement
made 10y Mr.. Gibson as ~
FOushee's faculties. lie said he
would consider him ON the aver
age with the boys in his department. lis
was monitor in the domitory up 90 the
night before the killing. lie could not
recollect any act of the boy that was diff
ferent from the behavior OF others lIe
had not known anything about the boy
that would have led him TO think that he
was weak minded. a recess was then
taken until 1880 7. NJ
THE COURTS INSTRUCTIONS.
II Was almost o'clock when JutSe
Wiokham .econvened the court. and the
utmost silence prevailed when the learn
cd judge read 10 the jury The provisions
Of the law as TO the distinction between
murder I'm the first and second degree and
manslauEhter and he punishment stipu-
lated I'm each case. Judge Wickham then
read 10 the jury the following 4nslruc-
tons
"The Court instructs Tie jury
First That every man is presumed
10 be sane and to possess a sufficient de-
gree Of reason TO be responsible for his
crimes. until the contrary is proved 10
their satisfaction that If. from the evil
dcuce, the jury believe that, at the time
of striking with .he axe the blow which
caused the death of the deceased, I.d-
ward Y. Tinsley. the prisoner Charlie
FOushce was laboriag under such a de-
feet of reason from disease Of the mind,
as not TO know the nature and possible
consequence OF his act. or if he did know.
then that he did not know that he was
doing what was wrong, they will find the
prisoner not guilty.
Second. That if the jury believe from
the evidence. beyond reasonable doubt,
that the prisoner, though labOring under
a defect of reason or other cause 1t the
time Of the striking with the axe. which
caused the death of the deceased. was
capable of knowing the nat.Ue and con-
sequence OF his act. and if he did know
then that he was doing wrong. and that
eo knowing b. struck tho deepecaG with