The Washington herald., 1907-12-03
Charge to the Jury.

its fairness. and said she was satisfied
The lawyers Of both sides expressed
themselves as being entirely satisfied.
Charge TO the Jury.
Justice Stafford outlined 10 the jury the
several verdicts possible under the indict-
ment. from manslaughter 10 frst-degree
murder He cautioned them it was part
OF jury's duty to allow the element Of
mercy to enter into their verdict. he de-
fined the meaning Of reasonable doubt
The address then continues:
When is person mentally responsible in the
eyes ~ the lawi The answer is fhrcCfOld First
He must be capable q understanding the physical
nature q his act; for example in the present
The defendant to be responsible. must have been
capable Il understanding that she shooting
Arthur Brown. Sec0nd-He must be capable u
understanding the moral character Of his act that
Is, whether 1t Is right wrong In this case for
example, t is necessary that the defendant should
have been capaDle II understanding that It
wrong, or unlawful. for her 10 shoot Arthur Brown
Thirl-He must h. capable q controlling his action.
capable Of choosing the right and refraining from
the Wrong. II he Is mentally incapable IN ans q
these three respects DC is not responsible But
there Is an important Qualification 10 this state
ment
It is necessary that this mental ncapacity should
BE- the result Of disease-mental disease Tie law
distinguishes sharply between disease and mere
| passion II one Is blinded hy rage, 1ealousy re-
yense. or any other passion. 80 that for TIE time
beng he cannot understand what he Is doing or
cannot understand that IL Is wrong. cannot resist
his impulse 10 gratfy his passion-that does not
relieve him frum responsibility In some circua-
stancCs o mEy reduce the grade - his orense. as
shall point cut % you: but il does not constitute
/ insanity as the law uses that word
Emotions and Passions.
1, The Law. indeed does not fail to recognize that
men may be swept away by their emotions CT their
passions. The law is not absolute in goodness
/ as 70 forget what human frafty Is" Il shows
mercy % all such when il can be done without
4 violence 60 rcason and justice. When one is en-
gagged IN a comhat and kills his adversary ia The
beat OF blood even though he intends TO Kill him
I IL IS mansaughteT ard not murder. But. aside
I from few exceptions Of this extreme character.
/ the law SAYS that mans mind IS not oyeroome
l by mental diseases he can and De must know what
| he is doing and do what the law commands Il
vii not hear him say that his emotion . his pas
Son g0t the better q him. The very fEe$ahat the
I law requires Ain 20 master his passion. and pm
D ishcs him when he dos not. helps him 10 c0utrol
! himself.
/, What man in rage would restrain himself a.
I readily If he knew that the law would ACCEPT the
excuse that he could not resist his impulse When
witness testified. In an English court that. IN
/ his opinion. the defendant culd not have resisted
his impalse 10 commit the crime. the judge turned
/ End asked him If be thought the defendant could
have resisted the impglss II there had been a
Of the important truth that the very fact that meu
are held accountable for their acti0ns Is a potent
factor IN enabling them 70 govern thosc actions