Year: 1876

THE INSANITY PLEA AGAIN SUSTAINED.


Yesterday forenoon at ten O'Clock the Kings County
Court of Oyer and Torminor convened for the fourth
day to continue the trial OF Joseph j. Burroughs who
on Saturday morning November Is, 1875 killed his
wife, Elizabeth at her residence in Fifteenth street.
Fifth avenue, Gowanus Judge Pratt and associate
Justices occupied the bench. The floor of the
court room and the gallery crowded The
prisoner occupied his scat at the side OF exJustce Of
the Peace J. Daily and stared vacantly with that per-
sistency which he has exhibited since no first ap-
peared in court The sentiment OF all who have
watched him closely In court has been from the first
that If the prisoner is only Stimulating insanity he Is
doing it so vol as To deceive the most sceptcaL Blu.
when on Wednesday afternoon the aged mother of
Burroughs told OF the prevalence Of insanity in his
family and of his own permanent injury the head
when boy OF fourteen years then there was longer
doubt expressed to the mental rresponsbility oil the
accused. Hence there was but little surprise when
tho trial suddenly terminated yes
terday, morning After tho Dn9G; jurors had an
Brton rose and addressing the Court announced that
he had become convinced that the prisoner is insane
He had never seen the man till the time he was ar
raigned for trial. when he became satisfied that was
q serious question whether the prisoner judging from
his appearance In court, was not afflicted with some
phase OF insanity. He did not claim TO be an ex-
pert but circumstances had made it necessary for
them to examine thoroughly that question. He had
now become strongly convinced that the prisoner was
afflicted with a phase OF insanity known do
montia On the second day Of the trial he
had become SO confirmed in that be-
lief that he had felt 1t his duty n public
officer TO satisfy himself upon the subject
well as the public With that purpose in view had
tecgraphed to Dr. John ordronaux, State commis-
sioner in Lunacy; to Dr. Gray Of the Utica Insane
Asylum and to Or. Kellogg Drs Gray and Kellogg
came on and closely observed the demcanor of the
prisoner In court Wednesday, and then went down
to the Raymond Street JAIL where they remained till
midnight examining the condition Of the prisoner.
These doctors had formed tho opinion that this
case OF serious dementia serious in its form that
IS hardly possible for him TO recover. The physical
condition OF the prisoner is as low as his mental state,
and he he District Attorney would for these reasons
abandon the prosecution.


Ex.Justico Daily thanked Mr.. Britton for the
tesy he had shown the prisoners counsel since the
trial began, and said ho was very glad that the
case was 80 palpabe to leave no doubt as to the
question OF insanity.


Judge Pratt then charged the jury saying that they
had heard what had been said and that not his
duty to wiring verdict rom the jury which not in
accordance with tho evidence IL, therefore, only
mained for the Jury TO return verdict that the prisoner
was not guilty by reason Of his insanity The Court
took occasion TO commend tho District Attorney for
the energy and ability he had displayed in the manage
ment OF the case.


The Jury assented TO the direction OF the Court rem
derng a verdict In accordance herewith


The Court instructed the District Attorney TO make
out commitment for the prisoner to the Insane
Asylum.