Year: 1865

them. He found Miss Harris's condition was
one of high nervous excitement. Her eye had
wild look, and she had not slept much Wit
ness had no knowledge Of what could have
caused the shock, and only exercised his skill
TO aIlay the pain. Witness proceeded to say,
in answer to questions propounded, that OF
moral causes disappointed affection, and OF
physical causes uterine irritabifity, produce
similar enects. and when both are united, the
nervousness is the greater. The appearance of
the object Of the moral cause induces unwont-
ed excitement and nervousness.


The testimony of Mr.. McCulloch and of Off.
Ger Walker relative to the condition of the ac.
cused on the night of the homicide was here
read, and he was asked to state what would be
the effect of a sudden meeting with the cause
of supposed wrong, assuming the facts as
given by the witnesses in this case to be true.
Witness said the effect would necessarily be
most intense nervous eXcitemant, and that ex-
cltement might be entirely uncomfortable.
The witness mentioned several well know,
instances OF paroxysmal insanity, to show the
effect of physical disease upon the mind. The
patient becomes a subject of emotional insani-
ity, and often has an almost uncomfortable
homicidal impulse. Assuming all the moral in
ferences in this case, that accused supposed
she had been grossly injured, and had been
much wronged, and assuming she was much
attached to the deceased, and under such cir
cumstances she had suddenly encountered
him, witness would be led to believe there was
n strong probability that she would labor under
mental alienation. But he would not swear
positively, for these same causes might oper-
".
but mere excitement But the witness thought
the contradictory statements of the accused
after the homicide had been committed were
Surer evidences Of a disturbance of the intellect
than her apparent nervousness; for one might
be nervous on account Of the fearfulness of the
crime committed, but she would not be likely
to tell falsehood or make such direct CONTRA
dictions unless mental alienation had existed.
Cross-eXamined by Mr.. Wilson Witness
has had some experience in the treatment of
insanity in its incipiency, but has never made
the study a speciality. When witness attend
ed the accused he noticed no special peculiari-
ties in her case different from others laboring
under congestlve dysmennorrhGs. Disturb
ance OF her nervous system was very great, but
there were no very peculiar symptoms, except
that the disease in her differed in intensity
rather than in kind. The disturbance of her
nervous system seemed to be out Of proportion
to the amount of pain.


In answer to questions by Mr Wilson, the
witness proceeded to explain the nature of hys-
terra as occasioned by Uterine Irritation. He
stated tnat 1t was very dill icult to draw the line
between actual insanity and hysteria, and to
tell exactly when nervous excitement runs into
insanity. Witness resorted to no unusual reme-
dies in the case of Miss Harris He had no
knowledge Of what may have induced the dis
ease except her physical condition, looked at
professionally, y, and he prescribed for her, on
those grounds.


; When the last witness retired from the
stand


Mr. Darlington said your Honor ordered me
TO take my seat; your manner was insulting
H ls lue W InyselI 10 say tnat 1 DO not recOg-
niZe The right of the Judge OF any other man
to insult me. But cannot resent your treat.
ment to me in any other manner than by ex.
pressing my disapprobation of it. took my
seat because Mr. Bradley and others of my
brethren of the bar advised me that it was
proper to do SO. But do not recognize the
right OF this court to order me to take my seat


Judge Wylie said that he had the most
friendly feeling for the District Attorney, and
Supposed that they had always been friends,
but he (Mr. c. was in the habit of having his
own way, and Of addressing the Court in his
seat 1t lis not respectful, and he (Judge Wv
he) must maintain the respect due the Court
The point was decided. and he had told the
District Attorney to take his seat.


Mr. Darlington remarked that he did not hear
the Court then.


Judge Wylie continued You have made no
apology; the Court can make none. am sorry
it has occurred. If you do not see the impro-
priety of your conduct, it is your misfortune.


Mr.. Darlington said he had always endeav-
ored to treat the Court with ali due respect,
nor was he sensible of any Intentional impro.
priety on this occasion. II he had been re-
quested to take his seat he would have done so
without hesitation; but he must express his
disapprobation of the manner of the Court. He
should not resent it in any other way.


The court adjourned until 10 o'clock this
morning.