The Portland daily press., 1897-11-11

onink That when you recall the circum.
&c tIanees 1s Under which the killing occurred,
oonS'se SSourse the prisoner pursued, and his
Sv;+t ;h"oe afterwards, as you look at him
nassaS 9nly twenty-four years OF his life
passed, his almost childish face and
hih manner, his indifference to the recital of
A4a Aa'WIul aWIul acts on that Friday noon on
april last, doubts must have arisen in
your minds, and your intelligence and
one common knowledge of men unite
y. W6sn conscience in asking the questions
oouio one so young with every appear
anoe OF being kind, gentle and inoffensive
" mature, have committed such crime
III u nnii possession Of his mental faculties2'
Wniie we understand such questions
uso pe crowding upon your minds and
tuisn6 IN themselves raise such doubt of
,is. ms responsibility as to preclude the posi-
lily OF verdict of guilty, we shall not
rely upon them for a defence, but we are
prepared to go very much farther and to
lay before you testimony of the strongest
and most unimpeaohable character that
Inls prisoner is now and was on the 10th
aay OF April, an irresponsible being; in
oeher words. to use a common expression,
insanity Is his disease. When that Is
stated one thought will OCCUR to every
one hstening to me, more forcibly than
any other. and that Is the popular preju-
dlce against such q disease. 1t Is general
~ regarded as absurd and even with the
most thoughtful and humane the idea
that such an idea might be valid is dis.
missed with q sneer. But Mr.. Foreman,
and gentlemen, with you, I am sure 1t
10 different, yes, 1t must be different.
FROM the great mass OF the people of this
county you have been called to serve as
Jurors, which constitute you q part of
this, the highest tribunal in our state.
With great care, far greater than you
know, you have been selected and ao-
cepted not only by the state but by the
prisoner. as fit in point of intelligence,
integrity, as men who will regard the
solemn obligations you have entered
into to try this prisoner fairly.
IL popular prejudice and the bloodthirsty
remarks SO often heard were permitted
to have place in these proceedings the
| task OF my able colleague and my own
humble efforts in behalf of the accused
would prove fruitless. But our faith in
the course of justice human and divine
and the better and nob1er impulses of
human nature, is such that we have un-
dertaken this prisoner S defense with faith
that you will after hearing all the evil
dence. under the guidance of an intelli-
gent and human court render q righteous
verdict.
AsI have intimated, the defense of
criminal upon the ground Of insanity Is
looked upon with suspicion. Why is 1t SO
tT6ktttQS0l An0 IL ~ plcdso your AuLOTS, l.
| would put that question II it were possible
| to the whole world, without fear that one
could truthfully assert that the courts
| were imposed upon and deceived by
| pretenoe Of insanity. and that criminals
escape just punishment thereby.
/ What does the history Of the admins
itration Of justice show upon this point
"a fail to find single case where person
has been excused on the ground of in
| sanity, where he or she has not after
/ wards proved beyond question to be In
4 sane.
/ sOn the other hand there can be found
cases without number which tell the
4 stories of terrible mistakes in cases like
these. The execution of poor untortunates
4 with diseased minds, whose case, If
i thoroughly Investigated and understood
y you'd have-excited pity instead of con-
! demnation and wouldshave demanded the
| physician in place of che hangman.
| Many medical writer's have attempted
to frame definition Of insanity, but 1
| believe the best and only recognized def
| aition Is mental unsoundness.
| # tho defendant had mental disease
and If the killing was the product of that
mental disease in him, he is not guilty
| Such verdict would not set the prisoner
| free, but this court, under our law could
and would commit him to the insane
asylum where he can neither harm him
self or others.
| You have heard the history of the crime
and a partial account Of the young man q
life. You have noted the many peculiarl-
ties of this remarkable homicide. To
| these facts and circumstances we desire
| to especially call your attention and the
physicians as showing in o measure his
mental condition. Hf
The boy was born in Amesbury, Mass.
.on the 10th day Of January, 1874. "
/ 10 tho of q ilV of oievh
children, all living. His parents are, and
always have been respectable, intelligent.
law-abiding Christian people.
The prisoner was born healthy, well
developed lusty child and grew up to the
age of four years, bright, happy, laugh
ing child, until on the fatal day in Sep
tember 1878, while at play with another
child upon what is known as carriage
brow, he met with an accident. To the
injuries to the little boys head on that
| summers day science will, we believe,
trace the death of Mr.. Stickney.
The place from which the boy fell was
a distance of from 12 to IA feet from the
| ground. He was picked up in an uncon-
| scious state and remained unconscious for
that he went to the place where the acci-
dent happened and picked up board
with common tenpenny nail driven
through it.
He says that the nail was rusty and
that there was blood up on at least a half
inch OF it. The nail looked as If a small
piece had recently been broken off.
During the period that he was confined to
bed with the injury he suffered from what
Is commonly called fits or commissions,
and that he continued to have fits up to
| the age Of 13 or IA.
Joe used to complain of headache a
good deal and of kind of a rolling noise
in the head. Used also to talk about see-
ing the devil. When he was Is or 16 years
OF age he used to say that the devil was
here or there in his room or somewhere
all the time
| he did not care for money at all. He
one time took two five dollar gold pieces
and ono he gave to a boy and the other
battered with two stones. He was ten or
twelve years at that time. Another time
he took a gold watch and chain from the
house and gave 1t to New York pictorial
newspaper agents He was sent to the re-
iormatory because he took SO many things
that did not belong to him. He was final
~ arrested for taking tent which he
TOOK out into the woods and lived in 1t
Ior two or three weeks.
One day he was passing along the road
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