The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1899-05-19

Court by by law, or which IS assumed BY
the Court in the discharge Of It's duty,
The Court fully appreciates 1t.
The question of insanity was raised at
the trial It was ruled upon by the Court
with explicit and circumstantial instruc-
tions that If it be found to exist the
prisoner was to be excused OF any de-
The jury determined against this de-
fence.
AS measure Of proof the burden Is
raise the Question, to establish that In
sanity in the eye of the law which en-
ables the Court in Its humanity to ar
rest or suspend the process OF punish
The defence to the crime has been
made. It has failed; Now; as to the
the prisoner is insane since conviction,
which insanity continues This must pc
established in behalf Of fhe prisoner iba And
latitude of presentation, Of anything
which can bear upon the question has
been allowed to. satisfy the Judgment
and conscience of the Court OF the suHl-
cheney of the plea.
The Court win not go into any analysis
of the evidence presented. The duty
which the Court is to perform has been
accepted under the most solemn and
grave obligations, but as it appears to all
the Judges of this Court, the plea of in
sanity, presented against the imposition
Whilst it may be conceded. 1 think
clearly under the proof, that the prisoner
is suffering from serious and grave ply
steal diseases which may or may not IN
dicate an early termination Of his life, or
which may or may not tend to indicate
that some period In the future, perhaps
not far off. or perhaps at some distance
his mind may decay entirely. yet a careful
examination of the evidence displays no
proof whatever that the prisoner does not
now realize and appreciate the situation
y al aa1 dt1a mt n
these proceedings taken In his behalf, and
the conseque es which may arise to him
by favorable or an adverse decision.
but M0t the ay M Witch & the coart has
In the eye Of the law is fully revealed
by this proceeding and the evidence taken
in it, The evidence has been carefully
considered. The Court has given every op-.
portunity to have It all presented. all Of
which could be produced. The prisoner
under the view. observation ana inspec-
ton of the Court. He was observed in
coming and going. his actions NOTED in
eot esaneS aa ss il hs The sSnef e
but no presumption can arise because OF
that fact against him. The question of
the sanity of the prisoner must pc ae-
have the weight OF feather against MN
in the mind of the Court.
There is not single gle lne baa or wora oa
of mere opinion which indicates that the
prisoner does not appreciate fully his at
ao and II the b I II All tss
fiictions there runs the thread, that he
IS sellsibe to every effort made ssh,cb IN as nlS
arise to him, either beneficial or dis
astrous. He has. from day to- day, from 9
the time Of his s lae for
himself in an orderly and reasonable
manner in every aspect of his life, both
T. ordinary ct ssrs g yba aaa he n IS aeeused
Outside merely Of nervousness and
drea1ns once in while at night, more or
sIIs ali dreams irea in the common experience Of
mankind are, there is hardly a scintiiia
of proof of any deviation from normal
lation to his surroundings and situation
in every respect In which II can De con-
sidered.
has been presented to the Court, the con-
clusion reached Is that the prisoner IS
now sane. We have arrived at this con-
clusion, that he fully and snoroughiiy os mi
INQUIRY and its consequences to him, and
appreciates fully the gravity of his act
of killing and the punishment therefor
we are impressed most emphaticaliy
with the judgment that there exists in
the prisoner no mental disturbance or un-
| clearness in these respects, whatever may
be his physical impairment.
The Court has endeavored to reach, II It
! could be done an opposite conclusion, but
| has been utterly unable to do so.
We have given no heed to the cenSidera-
| ton that the desperate condition OF the
| prisoner has led to this shift at this late
| date to escape punishment The law pro-
vides this opportunity for him ard for
| counsel who feel in their mind that It
| ought to be embraced, and counsel would
| be negligent in the performance OF their
duty If they did not embrace It and fuiiy
present the matter to the Court
We know that insanity is the common
| resort in these days to escape grave pun
| ishment. but the burden is upon the priS-
oner and the plea must not be allowed
| a criminal to evade the sanctions of the
| law Men who so conduct themselves
| that their lives become "scourge to
| society must answer to its violated law,
| and can Justly demand in. judicial tri-
| bunal nothing except q fair trial accord
| ing to the laws of the land in which no
| substantial right is denied them"
The preservation Of that gift which only
| God can make, until its natural end, mas
| always been the sacred charge Of revaaieo
| and human laws, and any one VINO WatIli-
" destroys it must stand ready f ef1a3- r. aS-
| lish the necessity of the act, or MS men
| tai irresponsibility for it, IN order to ex-
cuse himself from that punishment pre-
| yided not by man alone, Dill cy the Sfsa-
tor of life Himself.
| that the conclusion is reached that the
| execution of the prisoner. should not pc
| susnended. or longer delayed beyond a
| convenient time for the preparation 1or
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