Year: 1873

Benthsm read but from tho works OF Jeremy Taylor
| Judge Davis-Wel. whether 1t was Jeremy Ben,


the tRs" state Of New,Ycrk; it ~ not the law


upon the subject have no doubt but tnat ne whs =


great and good but his views were gatherec IRON
TOO limited scope OF experience 20 have become the


lave upon this subject In regard 10 he question OF


insanity Court Of Appeals OF this State mas ad dOW


the rule of law with great distnoness and shall there,
fore read you from certified opinion OF mat court
what intend charge you In the lswoi insanity IN hs
state The opinion OF tho court was delivered In case
or murder. The court below had charged nat 70 esto


sh defence upon tns grEu %s q, pl Tba commission Of the
aot party laboTing under such an ACT OF manl


or from disease OF mind so az 10 DC s comttnS
and that he did not know that he was dong wrong anu
this part OF the charge excepted TO.


Judge nayis read at length to the jury the entire
opinion OF the Court OF Appeals In regard TO the qes
ton OF insanity: Tho opinion a1ter reclng ya.IOus @ m
cases declares that il must be regardedas setted law III
this state that the test OF responsibility OF criminal
acts where unsoundness OF mind is introduced as
defense Is the capacity OF the party who stands charged
with crime 70 understand what he was doing ana knew
thatthe act was either right or wrong. .,--


In applying this rule OF law TO the case or the prisoner
Judge Davis said The question Is whether the prisoner
has ever exhibited unsoundDess OF mind or that ms
has been preudiced by tho disease OF eplephy
that seized upon him. and whether prior 70 the cOIns
this deed that disease bad SO affected ms mnd
that when he shot his father he did not know he was
doing a wrong act, and dd not know that 1t would DO
accompanied by evil results. cannot stop 10 90 over
the evidence upon this subject You have heard What


It was, and after hearing all the Iacts IN
regard to this point II yon are 70 aoS sat,snea 81


insanity produced by epilepsy that he was fairly
brought within the rule laid down by the Court OF
Appeals then the law excuses hun. An insane man
cannot commit crime, and the statute says that he
shall net be tried for crimo If he was insane at the
time ho committed the criminal act. That is the
expression OF the statute upon this subject and would
be repugnant to common sense, common decency, and
Teaiy TeOn ,usane shah be tried and convicted for
committing act which his disease has rendered hun
capable Of Judging whether IL was right or wrong, and
whether not its consequences would be productive or
evil In this case t your duty 20 convict the prisoner
unless It appears by the evidence in the case, when
fairly considered by the jury that his mental conviction
Is clearly within the rule laid down by the higher court
for then ne IL clearly amenable to the law.


Now, genteRen, have said all desired upon this
subject. You TO take ths into consideration,
rounding circumstances. You have right In consider
ing weight of the evidence in this covering the
cOgnZant not at the time he shot his father OF the
evil consequences Of the act and should receive your
swer q question Of fact IL ts not true idea that
yOu have responsibility to the prisoner beyond
the answering OF this question which you called
upon to determine. It is the law that when prisoner
guilty VI crime that the welfare and prosperity of
the community demand that he shall receive the pen
aIty whatever may be the consequences himself
his family II is OF the misfortunes OF this life that
when man commits crime s effects touch thousands
OF hearts beside his own, and the interests OF society
demand ooDriction whom the proof Is clear.
and any consideration for the consequence
verdict You will take this case. therefore, say,
into consideration and give the benefit to this prisoner
every reasonable Doubt not only the whole case
upon its distinct features; and IL come 20 the
conclusion tnat the people have not satisfied your minds
the he shot his father then ii is duty 10 acqut
him but you are satisfied that his guI is established


then It is your duty regardless ot the consequence to


Now / have, 1naly, one word 70 add 10 connection
with your verdict IL you should agree upon verdict
OF guilty. OF murder ia first second degree you
Will specify the degree. lf you find verdict OF acqut
tai upon the grounds OF selfdefense you will render
dict not guilty the ground Of insanity yOu will so
specify that fact in your verdict