The Washington herald., 1907-11-30

changed her underclothing at the hotel
and placed 1t in one OF the drawers OF
the dresser. She was also asked IL she
had any recollection OF telling Mr., Utter
that Senator Brown was a coward. and
that she would press revolver against
his breast, &c. She said she had no rec
objection OF telling him this. bu- int,-
mated she might have done 60.
When Mrs Bradley lefJ the stand Judge
Powers said;
I'VE rest our case, your ho2or
All the counsel then went to the bench
and submitted prayers.
That the government may no, ask for
verdict Of murder, first degree, IS in
dictated by the fourth prayer, which was
granted in substance by the cours. but
which Will be stated in the courts Ian
guage TO the jury
Governments Prayer.
The governments prayers are:
The jury is instructed that sane
person has no right TO kin another, no
matter how much he may have been
wronged by another; no matter how
much reason the person doing the killing
may have for hating and despising that
person; no matter how wild may he the
anger and passion under which that per
son may be laboring. The law does not
recognize the theory that any person
may have an irresistible impulse to do
such an act as that unless the impulse
is the product of diseased mind.
The jury is instructed that none of the
evidence offered tending to show the treat
ment of this defendant by Arthur Brown
can be considered by them to justify eX-
cuse. or pallidte her act.
The jury is instructed that if il finds.
beyond a reasonable doubt, that up to
the time Of committing the crime charged
in the indictment the defendant was
sane, and shall further find, beyond a
reasonable doubt, that Immediately
thereafter the defendant was sane, then
it is strong presumption that the de-
PENDANT was sane at the time of the COM
mission Of the crime charged in the in
dictment-
The jury is instructed that all evil
dence Of the mistreatment of the de-
PENDANT by Arthur Brown. whether by
word or act. whether testified to by the
defendant or other witnesses. was adj
mitted solely as bearing upon the sanity
or insanity of the defendant at the time
of the shooting, and is not TO be con-
sidered by the jury in any other way.
The jury is instructed that if it be-
EeVes from the evidence beyond "A rea-
sonable doubt that the defendant threat
ened and menaced the deceased with a
loaded pistol for the purpose of COM
pelling him 10 marry her. OF for any
other purpose. and while so threatening
and menacing the deceased. said pistol
was unintentiOnally or accidentally dis
charged. and the deceased received there
from the wound of which he died, then
the jury should find the defendant guilty
Of mansl&ughter.
Prayers of the Defense
The prayers for the defense were fOrmu-
lated by Attorney George P. Hoover, and
he first instructs the jury that the
presumption of innocence attends the de-
fendam until it is overcome by evidence
which satisfies their minds beyond a rea-
sonable doubt. Another instTucts the
jury that the law raises no presumti0n
against the defendant. but that every pre-
sumption OF law is in her favor
In another prayer the jury is instructed
that in determining the weight to be
given 10 the confessions alleged 20 have
been made by the defendant TO the police
all the facts and circumstances surround
ing the defendant at the time Of making
the confessions. and If il finds the con-
fessiOns We're not voluntarily made. then
il is the jury'S duty 10 disregard them
In the sixth prayer of the defense
the jurors are instructed that II they
believe from the whole evidence that at
the time Of committing the acts charged
IN the indictment, the defendant was SUI
fering from such a perverted and de-
ranged condition of her mental and moral
faculties as rendered her incapable Of
distinguishing between right and wrong.
or unconscious ut such time Of the ma ture
OF the acts charged while committing
them. or where. though conscious Of the
acts and able TO distinguish between right
and wrong, and to know that the acts
were wrong. yet her Will. the governing
power of her mind. WAS otherwise than
voluntarily so completely destroyed that
her action was not subject to it. but be
yond her control il would be their duty
to acquit the defendant"
The last prayer Of the defense is as
follows:
"The jury is instructed that even
though il believes from the whole evi-
dcnce, beyond a reasonable doubt that
the defendant threatened and menaced
the deceased with a loaded pistol for the
purpose OF compelling him 20 marry her,
or for any other purpose, and while so
threatening and menacing the deceased,
said pistol was unintentionally OF acct
dentaIIy discharged. and the deceased
received therefrom the wound from which
he died, still the defendant would not De
guilty Of any degree of crime. unless the
jury shall be further satisfied beyond a
reasonable doubt that the defendant was
AT that time OF sound mind and able 10
distinguish between right and wrong"