Year: 1872

Third. 1t, by reason OF the causes aloIeSalu,
the prisonersHs mind was so controlled and op-
Grated upon that be could not.resist or that ne
could not control the impulse which prompted
the act complained Of, he is not responsible;
provided such impulse was not one OF anger or
revenge, or other kindred evil passions:
Fourth. If the prisoner was deprived OF his
reason before and at the time the act was COM
committed, and on account OF the conduct OF
the deceased in the abduction or seduction OF
his sister, the jury have the right from their
own knowledge of, human nature, and the ten
dencies of the human mind to judge whether
the act complained of was not the result OF. an
ungovernable frenzy sufficient to unsettle his
| faculties, and by au insane impulse deprive the
mind Of it's controlling and directing power,
thereby rendering him legally irresponsible tor
what he did. .M


Fifth It the jury believe that by reason OF
the abduction or seduction OF hissster, the let
ter. which deceased wrote to her, the card OF
the deceased issued by him whilst in custody,
and all the circumstances attending upon the ab-
duction or seduction as came to his Knowledge,
and the declaration of the deceased that there
was no law to punish him, the prisoner COM
mitted the act, then the jury have the right to
Judge whether the moral or mental faculties OF
the prisoner were not SO diseased by reason
thereof as to deprive his mind OF its controlling
power, and to render him irresponsible therefor.


Sixth. If the jury shall believe that the al t
complained of was the offspring or product OF
mental disease in the prisoner, then and 10 that
case neither delusion or knowledge OF right or
wrong, nor design or cunning 10 plaDnlng or
executing the killing, will render the prisoner
responsible for the act, and that he Is cntltled
to an acqulttaL 4l.......


Seventh. It tho jury believe from the evil
nee that when the prisoner committed the
act for which he has been Indicted ne was,
either by physical disease or some moral cause
not voluntarily induced by himself, or both,
operating on his mental faculties, unable to
control his will and actions with reason and
judgment in reference to the act or acts COM
mitted, then, in Judgment OF the law, he was
insane, and could not be guilty of the ottense
charged iu the Indictment.


Eighth. Or if the jury shall believe at the
time of committing the said act or acts as
aforesaid the prisoner. was moved thereto by
an impulse controlling his will and his Judg-
ment too powerful for him to resist, and the
said impulse arose from causes physical or NOR
al, or from both combined, not ordinarily pro-
duced by himself, he is entitled to verdict OF
not guilty; and the court further lnstructs the
Jury that all symptoms and tests OF disease OF
the mental or moral faculties are purely mat
ters of fact, to be determined by the jury.


Ninth. If the jury believe, from the evidence,
that the prisoner is not responsible tor the act
or acts committed by him, aforesaid, because
of the diseased or insane condition OF his Elnd,
as aforesaid, at the time of committing the
same, or from any other sufficient cause, arising
out of the evidence, then the prisoner is en-
titled to verdict Of not guilty, though the
said act or acts we're committed upon the per-
son of the deceased while 10: Jail under process
of law. ,.r.ra:. L..>g


Tenth. II the jury shall believe that the pris-
oner slew the deceased in the jail in the county,
and that from the fact and evidence in this case
he was justfabe or irresponsible for the homl-
eide, that then the place or manner OF his
executing his purpose is immaterlal, and should
not be regarded by the jury as affecting in any
manuer their verdict. ).


Eleventh. IF the jury shall entertain any
reasonable doubt of any fact essential to the
conviction of4the prisoner, then he is entitled
to the bene6t Of said doubt, and as conse-
ouepce thereofito verdict Of acquittal; pro-
vided, if the jury shall believe from the evil
dence that the prisoner committed the homl-
eide with which he is charged, to render him
irresponsible therefor, because of insanity at
the time Of committing the deed, such insanity
must be proved to the satisfaction of the jury.