Year: 1874

The Templeton nCase-Applicatfon for


Stay OF Proceedings Upon Exception


Raised During the Trial.


Every possible effort Is still being made TO saw
from the ignominy OF state Prison Duncan
Iempleton, convicted, before Recorder Hackett, II
ths Court OF General Sessions. in April last, OF
'elonious assault upon his vile, Ida Maud Temple
ton, whom as claimed by his friends in momen
OF mental delirium, he attempted TO kill by shoot
Ing her with pistol upon accidentally meeting
her In Fourteenth street. 1t Is unnecessary to
reclte the details of story with which the public
were made so painfully familiar during the pro-
gress Of the prolonged and exciting trial He was
sentenced to State Prison for seven and @ half
years, but, directly succeeding the passing OF the
sentence, q motion was made by Mr. John ID.
Townsend his counsel for a stay OF proceedings
and writ OF error, ana, pending this motion, the
prisoner has been allowed 10 re main IN the ToInbs
After some two months delay, considerable time,
OF course being requisite to prepare the bill OF ex
ceptions, the case came up 1or argument yeSter-
day, in the supreme Court, Chambers, before
Judge Lawrence.


In opening his argument counsel said that he
had taken some fifteen exceptions during tne
progress OF the trial, but as each was specifically
set forth in his BRIEF together with the authorities
cited on his side he would take up the time OF the
portant ones and upon which he mainly based the
present Application This frst exception had ref
aq s as Of qWens ss
same consideration 70 the defence Of insanity as
any other defence. This question was ruled out,
although the same had been asked before Judge
Brady IN homicide cases and allowed Another
point raised was the exclusion OF question TO
witness why he avoided the prisoner, the object of
She question being TO show that the latter had pre-
yiously drawn pistol on the former, and that this
was the cause OF his avoiding him. He insisted
that this was question OF iact bear
on s hsns 81 and sa
exception was the exclusion OF question
put to the mother OF Mrs. Tempieton, going TO
show that the prisoners wife had IN her possess
sion pistol. He also dwelt upon the exception
snow that the wife OF the prisoner told him when
they met In Fourteenth street. my pretty face
can bring me more money than going TO I'VE with
.,,." y was insisted that the snootlng followed
Imme ediateiy upon this remark; that up TO this
time the prisoner had supposed his wife to be
pun and good woman and when these words fen
from her lips his mind became deranged and that
while suffering from this temporary derium he
fred a pistol at her. Considerable stress was
placed upon The exception to that portion OF the
Recorders charge in which he told the jury tnat
the testimony of the medical expert, DR.. Cymer.
were as competent to decide upon the question OF
the prisoners insanity as the doctor himself
strong point made was the refusal or the Recorder
90 charge as requested. tae definition OF insanity
~ given ny Cniei Justice DEMO.


Mr. Rollins. Assistant District Attorney, replied
at length TO the various points raised by the pris
pner's counsel He claimed that none Of the
points IRE well TAKEN that the trial was . fair
and I'm partial one, that no legal evidence was eX-
cluded, that the Recorders charge was most Just
corded to the prisoner and that his conviction was
. righteous veroics.


Al the conclusion OF the argument Judge Law
fence took the papers, reserying his decision.