Year: 1872

Mark Flanagan Convicted of Numbering


HIS Wife-IIe Is Sentenced to the state


Prison for Life.


Before Recorder Hackett.


The trial OF Mark Flanagan, charged with killing
his wife, was terminated yesterday.


Recorder Hackett delivered carefully prepared
and very able charge. He said that the specific
charge against the prisoner was that he the 18th
OF August last, with feonious intent and with the
premedtated design to effect the death OF Cath
crime Flanagan, his wife, did, with the use OF
dangerous knife, stab and kill her. The defence
lnterposed was plea Of not guilty upon the ground
Of insanity at the time of the commission of the
act. 1t was not denied, and the proof without
contradiction established the fact that the pris-
Oner did stab his wife, and that the wounds he In
nicted superinduced her death within an hour
after their infection. The defence OF insanity, said
che Recorder, now nterposed is by no means a
novel one In this or older communities, and to
such an extent has 1t been resorted to, and in so
many cases successfully-where the public mind,
after acauittal has had reason to believe that it
was wickedly interposed and corruptly sustained
that strong prejudice has been worked in the
public mind against such defence, and as an emi-
nent priest has had occasion to observe, has pro-
duced in courts and juries disposition to receive
1t with extreme jealousy and scrutinize 1t with
praiseworthy caution. II Is true that the plea
as a cloak for crime and a shield against the con-
sequences of its perpetration but is equally true.
rs asserted by the same eminent Jurist, that many
more persons have been unjustly convicted, when
that defence has been interposed and caused to
questioned insanity ought to have been an unfail.
ing protection.


Hs Honor then went on to say that every man is
60 be presumed sane and TO possess a sufficient
degree OF reason to be responsible for his crimes
until the contrary be proved to the satisfaction OF
insanity II must be clearly proved that at the time
of committing the act, the party accused was labor
disease OF the mind, as not to know the
nature nature ana quality OF the act he was
Se was dopu e M sna, ne @ mot kn
opinion OF Chief Justice Shaw upon this point was
read His Honor then proceeded TO recite the salient
points or the evidence especially bearing upon the
mental condition OF the prisoner at or about the
time Of the homicide. The prisoner after stabbing
his wife said that he would poison himself and
drank some nuid and also said he would drown
himself; but he did not stab himself with the knife
which he used upon his wife, although 1t was near
Mt hand. Madmen generally killed themselves with
the same weapon with which they Kill Others.
In conclusion. the Recorder said IF alter
which is claimed to have shown that the
prisoner was insane at the time OF the commission
clusion that the evidence has established such to
have been the fact you should promptly acquit;
put IL on the contrary, you sah believe tnat AT the
time Of the commission OF the offence the prisoner
Knew the nature OF the act he was about to
commit that his mind in normal, rational
state, that he then had sufficient degree OF reason
20 know that he was about to commit an act that
was wrong and criminal, and understanding the
nature ana character OF the act, he, with the
felonious intent and premeditated design to Eject
the death OF his wife, did stab her with knife,
causing her death, then, having no reasonable
doubt OF such conclusion, IL will become your duty
TO convict him OF the charge.


The Recorder then read to the jury the statutory
definitions OF murder and the various degrees of
granddaughter, and instructed them that they mad
the power under their oaths TO render any verdict
they thought the evidence warranted them in find
tng.


Mr.. Knitting presented number OF law points.
which His Honor charged.


After brief absence from the court room, the
luvy returned with verdict OF guilty OF murder In
che second degree.


The prisoner was aUaigned, and tho Recorder