The New York Herald Newspaper, May 11, 1870, Page 4

4 NEW YORK HERALD, WEDNESDAY, MAY ll, 1870.—-TRIPLE SHEET, ‘ * the court criea craer, the cheera grew louder and ‘Stronger than ever. The enthusiasm was overwhelm- 7 “ee 7 ; s) { fudge, ana comeumes even tor bh ws are wy raster ueent . tnghuodfs the case seston asin a tween the coutsel fer ing—-@ something that “Was perfoctly trrealstivies ANds con orertangecuea rageatea rae incets | Meso Sym ot ad Recorder Hecke Knowing th ac, made to Or itots rari altenetner withous evidence. biloa legal sttempt to curb the outpouring of she popular de- M4 : agalne rae ot nynraty arom rout of aoe reasoned coat un acpaaanee upon tp the summing egpllnvottisgasber dye. diepesychngadrasunad unset on e.ther side, Rotting | up, but itts due to the counsel for the defence for | ing nick ‘ the spectators made @ rush to where the prisoner The Long Agony Over and the Fe eee nee of cote on af iho facts that one cout Us to-rerreed them with my coniments, Waren 1 stood, pale and trembling, and fatrly fougnt se! has leit one side of She cane 95 Sha extre doumset Even if the evidence as to the insanity of the it all the matters embraced in the with one another to see who would frst give him Accused Free. Game to utd the proseeution. “xtra counsel for the | snou'disare fh in doubt nto phether he ras insane at he o chiang ifs proper to ob. e acurts ababal (a> Wea We Bs peowle, cannot eres oo ae Loan eeaSa can | Seta reniar eh eel hee io Gensilod ious creel: ™ foes eae te atarsanh thaeen etshoutt sworn anil solemn 4 arms about him and sobbed as thougi their hears Criminal Procedure, vol. 1, ‘S00, Nek promeot, Whieh I charge, Srevidengey of the rufe of tow Mt nave nid penny Me. AS Would break, walle gome of the men Wound thetr ing oficer while conducting the cause ey, with the ‘s Summing Up of Counsel for | cricnrrence ortie Court, be assisted by ober tox ae des aad daaae ia thetcann tho ty eater= perwous." To erit.cs:, therefore, the employment 0 reasonable doubt as (0 ino poet sual onthe the Defence. exira counsel 14 to criticise the action of the Court } dant at the time of the commission of the alleged ac! ‘ * Let me, however, remark that the motive or spirit | are bound tp scquit bim, with which elther prosecution or delence is con- Which I charge, ducted is legitimate subject of criticism, subject to (acted ofeandor and taste In the Waited suates | wil tv, sux cenet va, H ay (3 Waitace, dr, 139), the ol thi insane, t Recorder Hackett’s Charge to | tense comm by Git ofthe Gove weir | sisvonstis acquit Tate tee down 46 interpreting Phases of the statute state ofaanity or the base dlifera somewlat from all thoae cited. tn one it, Here the accused Rad Gow sane with ‘wrongs that he alleges to ‘@ been. dome to aeeneiak: conte’ m4 on arms not ol ‘with the solemnity of and hu him as | though: had @ worldly code their own brother, Even tittle ny from the general enthusiasm, and seeing 2 chair near his father he swung and lef about his head and lent his shrill votce to the cheers of the men, which never dted completely out until they had ‘been echoed over and over by the | hundreds who crowded the hi ‘ who knew well, althouzh they were not But ju nd Sate anode from tsofte! Variation of the rs, Whose safel fatal to the ship and her on ere the ty. beyond avdoubl that the defendant {tke commisalon of the alieged Ry So vound to aca able to sce sel employed by the friends On. Which I charge. Saree one Pad that @ ode the inflexipte H mona ting jt bane fat tw min 2'treo me 4 i ‘Agnin a froo m the Ji ury. Hishop, ui the section quoted, Says—'The If the jury entertain a reasonable doubt upon ail the ovi- Ltrs saciesehocad oO tae the agarteved husband, | In a to Seana te give ‘any adequate ties de cea i ata et acquittal, Which I charge. 1 of the éuthustasin with which jhe verdict was re. ve ou! mM possi ut suffice thas wien eFutiand left the court he was sowed % by the c-owd, who would have carried him in tri- i Wel depend some’ local vauge. Sho vourds or Enis court show that there bas seldom, it 2s etic auneeet Se were W.thout . “WAITING FOR THE VERDICT.” oj the very cases clied by. the Counsel for the defence or father, On plate who. takes the correction of isnotin asate of insanity when he did the correc. ton, 18 not to be bog ye ‘because ft a the duly of o [ coven harged ‘ganc! jarriage te | uinph through the streets had not his friends inter- show thate-ansel ottior than the District Attorney | ,,2f,ttthetime the prisoner conamilied the att coarse omtel Soe aaae fo anno sees eae fered a 1 oted : aud Attoruey General represented the 16, im, wiknout ioipat pectation on | cent communication of dishonor, or of sudden | “% ct by legal prced: “ er wat him out of the way. Th Greak -BELiQin 49 tbI day nearly call | Henes eaPee abs then font thoes ee “Gaceused, @ to dethrone reason. ‘Tho only | Whe tie prisoner brought his suit against Tichs | The Jury and the counsel for the | defence ardson he waswithin law. n he became exe- jo deceased, and | wrongs. calculated. the deceased’ with | Cayp of oouviouon x tho courts of this Stato under ; ‘ for their share of the oneral rejoicing, and vosec ong tors the Crown are gouducted | the prisoner was, from wn reached ‘ were atent trial , a ; : aa fee secant cutioner he too) law tnto. his own hands. Jf } were loudly cheered ag the; it the room, eee emaaeta Ne BEY aagBeOageta | fads he ree coied of hie mone sue, | SUMGHOUG GeGIaneh Mey Nee, ake to Hn | y<toek tae AM favo hs awn, bane ae |S ented the re bs! cbs uapiast Uriticiaed bg Dhe. Distries Alsownay.” Ldeom iste be be unaware of the nature, chi {s the Sanches case. ‘The Cours of Aj ia in tne | State of sanity and with matice, however AoLupar’ York has in inany years, and which in tts re- case of Sanchez (22a New York R., p. 147) thi Assuming the theory of the defence to ave been prisoner’s counsel that the as the homicide was committed by the do an ta- sane frenzy, Bupertaduced br jealouny awakened tn sults, let us hope, will have @ lasting eff thowe whom the verdict rendered by the Jury wil moat affect. . ‘The, curtain_had fallen on the greatést Gomestie drawa of the a, Sganeaugares of ‘the act he commilted, or to be uvadie to in, reference to that ee oe or. wae entitled to an Denied for the reason that there is no evidence i qua ¢ wines lye kr anes rule apovyening : ie HY Ol counsel a8 lait Ww . The Tury’s Verdot, Booked by the | boca se oes dee nine AR er war ine Lo: Jhahcellor, ant 5 Popular Voice. lieve, ‘or niuety yoars, ands as the ‘extract appears for the livi risoner he act, gouty. of Nelortous Rig, athe tute of Insanity, jowever much sentime ie zen fn ‘unanthorized moi: wor ner was, from an association of ui OF fancied domestic troubles, thrown into « state of excitement ia which he was divestedsof his reason and judg- ment, and was deprived of bia menial power to an extent rm beyond the range In reference The'purticular not charged agalust him eo that be could not upon the subject of sudden or expected presenta- 4 in his publ shed works, it may be presumed to rer Tears iuaaiey the, hypothesis, i his mind tn relation to his wi'e’s oonjugal infidelity, | te idea of maintain'ng th Gweiacay tae ie miu at least of the wame value It possessed When | 12, at thetime the Committed the.act charset upon | Wik would reduce the offence trom iwurder LO | rors shall not Kbeoulate on provocation. Wroigs mn ornn'dh lasts, Joy 0nd: ealtatine- newe: Stated. 1donob say whether I approve or disap- | pim‘ar he aid commis ity the deceased suddenly presented | manslaughter, and that such theoy was @ ed by @ swindier, byw bevrayal Uf politi val ‘The end has ¢ last. Joy g hs prove of It, Tatave i asthe extreme view, and Ouc | himself to him without any anticipation or expectation oa | sound one, the inquiry should have been re “4 ry . f svckit ingul acommon ening tn this, that both have aterminal | Which any counsel for decnce might adopt with | his be would then and there S00 the deceased, and confined to the time and occasion of the eee . Tate Shaner nue verse: of 800! ty utside tl ovuld weleally estimated by jurors in other cases OF tie pi wrongs oceasioned by & Seducer, All wrongs inay extenuate homicide from the degree of murder to one of manslaughter whea the vio.ent vindicator of them 1s in a siate of sanity Wings even.” Whether it is fraught with hope er } world, and that person is his client, ‘To save that sorrow, the curtain must fall upon some scene, It | client by all means and expedicnis, and at all hay- ide, or within a period so shortly before, tat tne han st pone fee that the eee inigut ime to Bt ia tio on of ‘those itnesses related.to an inde- The American Ship Sunbeam Destroyed on the Pacific. wil ‘1 wy ards and costs to other persons, and among them io nite f time bet the prisoner's Marriage A essai ass qualita ge Dunit; Ls bis Grae aud only. dutgy and: ta spervorme | possioiy restate winbsit fiber the seunsalaston ‘of ae eee eidsr and, merece t ae itee Das IgWe agataet hagslants are enacted L Ponty, byte Ne lgahady irog tts duty Me must not regard ihe alarm, the | Rlezed against bim at the very time of Hts commuission, be i# | gon, were clearly inadmlssible,?” which leas me to | nq enforced becruse sovicty Ie Tull of wrougs and | Moments of Horror—Tho Vessel Sinks W: torments, the destructon which he ma; ‘The details of the trial just concinded reveal @ | bring upon ochers. Separat ng the duty of a patrict chapter of domesite happiness at tts opening and of | froin that oc an advocate, he must go on, reckicss of zt se a . | Coseylences, though fi should be ubhappy fate family snffering at its later stage that perhaps | yyyoive bis coutry in confusion,’ Bue judge bas no parallel in the hnaginaton of our most | and jury must ab all events discriminate only the gay that (as was in the minds of the jury in tne Cole case, according to their verdict), the state of insanity And ‘the act of commission must concur m direct point of tine. This ts the converse of the well wet- (ed rule in cases of 81ne persons committing mur- der—that the design to kill may be conceived on the t Twenty Minutes—The Crew Leap Into the Sea aud Six are Lost—The Survivors Resoucd by a Whaling Bark—Arrival of Cap- Denied for like reason. Although sanity i» assumed to be the normal state of the Duran mind when tosaniy is once to exist, {t ts pro- sumed to oxist until the presumption is overcome by contrary oF repelling evidence, temptations thereby to commit violence at the instl- gutlons ‘of matice oF pomalon: Under any wiougs the sane person whom they may have impicssed is not at Lberiy, after his passtons tiave had tine to ont and after the tempest uf excited feeling has subslded, to stalk abroad, seek out the unconscious and ua- pensational writers, The late deciled cause ceid- | CVionce, Ouud zealous meand and Zealons expedi- Refused for the reason that the insanity for your | mstant of kilig. In Cole's ase the jury said:— | prepared victim of lis resexitme tain Chadwick and Son at This Port. a eehae oa aan 1 . ; 5 : i utment, and without Lie bres—the MeMartand trial for the assassination of | Git Hever thude Oxia In any cade. qudae and jury | inquiry relavos SACLE ee cee OF eee “Wo find the prisoner o have. Leen sane at the mo- | Preven ion of ture of law or the judgment of 0's ment \pfore aud the moment a'ter the killing, but are in doubt as to his sanity at the instant of the homiciie.” The doubt was given to tie prisoner, because on that mstant hinged the issue. You might conversely arrive at the conclusion that the deceased may have been in a state of insanity at periods prior to the moment of killing, or was in ® state of insanity shortly afierward, and you might find lim in a state of Lusanity ab the moment of Ihe shot—exerciaing perception recognize the de- ce exercising Memory in recalling wrongs, exercising will in alming the pistol, and exercising judgment in going away—alloi which are questions for you to determine. If you shall arrive at the con- olugion that the accused Was in a state of sane mind at the time be fired the shot, then it becomes import- ant to consider the legal quality of the act. you believe, from the evidence, that the accused armed himself with a loaded pistol, and songht out the de- ceased and shot him upon erenee or maliee, intending to kill, be 13 guilty of murder in the first degree.. Mf, having @& loaded pistol, he shot deveased without intent or desiyn to take y and in the heat of passion, then it may bs either manslaughter in the third or fuurth degrea. Technicaily described by the statute, murder—irst i8 the killing of a human being when not hte ies on nor eer aur head mana ter, and perpetrater remedi- tated destga to effect death. If partial insanity, simfly, is shown, ad the human mind iw not the subject of inspection or examination, and as the range or extent of the disease can only be matter of sclentitia conjecture or judgmont, the Jury have & riybt to say whether the particular act charged upon the defendant was or was ov am ampiiication, oP extenslon, oF anodiee phase of the disease, even though the testimony may not go that length. Refused. ‘The jury have the right, from. thelr own knowledge of hu- ature and the tenvencies of the human wlud, in ada- tion of t dence of experts, to say ied upon to estab.iah Srreapousivility Alvert D. Richardson—tas a) the attention of | and those distracting Issues Which May have been this community beyond ang trict whichhas oc- | (ageed Antes ogame, fat or gr Pager cating ei ve | he. «i Py yas n “ curred for many years, We hal che growb seasa- | persons,” or incinding “torments brought upon tlon—somie years ago now—~of (he McDonald shoot- | them.’ Dismiss utterly from youe minds ung refer- da'end’en ‘oi ‘Pay. | CuCes (0 OF ANpressions avout persons Who have not Lo ppm beeageie si bart Be or Ba witnesses, Heed no er.tivism of even wite or’s stloen, corner of White street and Broadway. eas you flud tt authorized by something ‘That case never came to a tvial, for the simple rea- in tie evidence. —Conscientiously reject fon that MeDonald masie his escaye one fine evening | {vin yOUL memory, overy fuol oF elrewustanoe tnt from the deputy shertif who hal him in cuarge, Satd | {fe ques'ion of sanity oF insanity! OF of inalloc oF deputy, instead of confining his prigoucr within the | Wh ch does not bear upon the tune, place, mode and walls ang restraints of a prison, peraibulated the | 4¢) OF Kiving. Let us in with the ff q streets With him aad eventually brought up at a | some of fen stig most of Fea We ne hotel, from whence McDonald mare his escape. hs Jadisicuals ena mot gobi rr) : uiel dleFariand 7 wirdigud . | Was arraigned at ins bar. ‘The indiciment, stripped \ berg ep gan ema bat soon Tole | oF its (echnical vewbiage, charged that he killed Al. lowed; and what young person brought up in this | pert), Richardson, :nvending to kt him, Inctuded city will ever forget the interest it created at the s ue direct change Khe ons impited one med ge ed time?—an interest what even at this remote day | 12 Al! cusés of crime, that ihe mention was of a inan in i attaches to it, for the reason that the perpetrators ae tte Ol ET Sas Lc of the murder were never discovered, and that the clrcumsiances Of the deed are still surouded in mys- tery. : ‘The Colt-Adams case was-another of those trage- dies, of an earlier date, however, that have given to ‘Tidings of another terrible disaster of the deop are at hana, and its horrors akin to the many stories of suffering and death that of late have becn chront. cled of the ocean’s sad vagaries, It appa's the heart when tho details are perused: of dreadful tornadoes, Issing hurricanes and drenching storms, #o wila that staunch vessela have been torn almost im pieces, and their crews, starving and dylug with thirst, sent to their final accBunt; but when tt is narrated that the sailor's deaditest foe, fire, has been at work, and the imagination picture: a gallant ship, many miles from shore, barned to the Water's edge within twenty minutes of the fist alarm, and six of @ courageous crew, alter batiliug with the elemens and aie scarred and scorched, yet find a watery, grave, it {3 enough to shake the sturdiest soul, and draw expressiqna of sympathy from the most obdurate. It was the fate of the ship Sun. beam—a good and true craft, built in Chelséa, Maas., but at the time engaged in the Pactiic Ocean trade— to be the victim of the latter disaster on the Sist of March ‘last, She was destroyed by fire eighty miles from shore, and but twelve of a crow of peers,"become the Lg avenger of his own wrongs, or vind:cator of the violated majesty of the aw. ‘The law must be Icft to maintato its own dignity, and to enforce its own decrees Unrough (he coustl- tuted tribunals of its own création, and has uot tn any just or lega! sens: commissioned the actused to the discharge of the duiies of this hign office. We must carry tato o‘Tect the law of tho land; we must enforce its solemn mandates, and not nullify or relax its positive commands by misplaced sympathy or morbid clemency. if our duty is clear, we forswear ourselves if we do not perform it. This duty we must discharge at whatever hazard, wheticr painful or disagreeable, Neither’ manhood oF honor, the restraluts of consmence, nor the solemn mandates of the law, allow usto decline its performance or to hesitate at its execution. Let ng content ourseives with administering the taw as we find it in our own appoinied sphere of duty, Then we shall have con- selences vod of offeace toward all men, and the happy consciousness that in the spirit of our oat and in conformity with the tions which rest upon us, we have, as falth‘urand law-abiding etl zens, executed the laws of the land. The Jury The counsel for the defence at the close of the charge called the Recorder's attention to the fact that one of his requests had been omitted, and he how far the causes p on the part of the defendant atthe time of the comumissionof his act were adequate or suficient to produce insanity and did cause that result, Which I charge you. Where the cause of insanity is all to be an interfer- ence with « man’s marital relations or his paternal rizhts, in taking away bis wife or child, the jury the right to juige Of the probability of the extstenes of” such au aifection from their own and the known feelings of others as husbands aud fathers. Refnsed, If the Jary believe ‘hat, at the very time of the commits. sionof tho act alleged against Lim, from causes operating for 8 considerabie length of time beforehand, or recently, oF suddenly oocurring, the defendant was mentaily unconscious of the nature of tie act in witch he was owas ‘and Is legally irresponsible for it, Which I charge. If the defendant was deprived of his reason at the time the act alleged against him was committed, reutiting efther 2 Phrase ‘state of sanity or state of tasanity" con- tinuously through thts charge. I do.so becaase it is Lhe statutory phrase—“No act doue by a person in a siate Of insquity can be punished as an ollence.” ‘The statute did sot, aud no arbitrary siatute could, give « definition of insanity which shouid include ali cases, Hence it is left to ve interpreied by ti courts, vi rit i iia q Lam, reyuosied by the counsel for the defengo to the criminal annals of our city a notoriety and im- ote tam i mo i ois PpERe ai 4 fe mM: pled hand ote ceva an aneninls sian ae obaras certain propositions soap ig the rat oot then made the following request to charge dikieen aeuehe meaning thereby this, the state in which a man yenae a | gamers tlouias evlacaoe of mail coor tudes or iM-will, aud stances oooursing at the what he did. Which I charge. If the jury believe that when the decased entered the Tri- bune oflice he aid not expect to see Ley rer erge nor the de- portance that vests them witha peculiar significance whenever they furnish authorit.es—as they always Mmust—for the ruling and charges o! judges, fora line of defence of counsel for the prisoner, aud, per- Captain Joseph Chadwick and lus son, a youth of about ten years, of the lost ship, came to this port terday from Aspinwall by the steamsbip Arizona, ae ‘attnougn he nas oe been as aeerons as the. ay That in the We r case, as rds. Ltn Judge Hoffman raled and charged te jury that the accused committed the act in a moment of frenzy he could not oniy not be convicted of murder in the Orst degree, but could not be convicted of any Knows ihe act he is committing to be. unlawlul and moraily wrong and has reason sufficient to*apply such knowledge and to be controlled by i. In uslog the phrase, ‘state of insanity,” 1 am be under- their manifestation by accused toward det pr F is am important circumstance for you to weigh:— cock an | fencant him, and that, after he entered, b was'| As to the ( shootiag of the deceased by the defen- . haps, for the precedent and guidance of juvies. b pedals Sheedy Sor cen dean sltsert ‘moved to the’commissin of the nct alleged against im ly } dauton March tear, hat eannot be taken, by the Jury as Tio Recorder charged the jury accordingly, and at sae annua aiecdaplons Je sractvane, enough ry Cases of crim, con. are not as frequent with us ct, because fic does not Know That the act overwbolaing, yeseion, roused by fie sudden and x- | by proof beyond all doubt that the alivoting was | preciscly ten minutes after three o'clock the jury own Fo form a conn as in the older communiites of Europe; bub ma witiog * Saheb and morally wrong | pected sight aertroyer of his domestic or bim | feloatous, retired, THE SUNBEAM'S LAST VOYAGE. it may be naturally supposd that our more radical not Neasnirpemineess yay eneh Knew. | Dona to be suck. dethroning ble reason aad | Which I charge, ‘Waiting for the Verdict ‘The Sunbeam loaded’ tn the harbor of ‘Tqui may ly suppos» e: ledge and io be controlled by it The accused ing him on to the commission of this act the in- c Peru, during the latter: part of | Fel and and effectual way of dealing .with the wrongdoer, | six pleaded not guilty to the charg. | Hence ot am ungorernable frenrp unsetting for the time } | To do this the Prot wine defendant Mf ne was om cristus | After the Recorder kad closed his charge and the | week im March, wat fal bound for T is @ bar to the wolf who would invade the domestic Citta: gd Tee a Aen a respontivie for the act. dor an ind! ‘for that act. jury had retired everyboay in the. eourt com- quis, for Sel port she sated on the 13th of Marci i em i—a omecers fold and makes criminal cases of this Kind of rare pceurrence. Americans do not appeal in ihe matter- of-fact style of the Britisher to averdictof ther pcers for compensation for laccrated feelings, for an ousraged home, for a dishonored name; they reckon the cost and they themselves inflict the peualty. The Sickles case is one in point. There the wronged flid his wrongdoer to the death, and a jury of his countrymen sanciified py their solemn verdict the deed. Cole shot down the violator of his wife's purity and the tlegtroyer of his own honor, and a jury of his peers menced to speculate a6 to what the verdict would be. The + general inion seemed fo be Ahat they, would jisagree, while there were those who believed that they would remain out Over night. An hour passed by and no word had been received from the jpry; still {the people kept thelr seats, waiting patiently for what was to come, though not knowing what that was. Four o’clock arrived—an hour had gone by—and yet the jury did not return, Could 1t be possible that there wonld be a disagreement after ali? That was the general tone of the remarks of-the anxious audience. And yct might it not be that there was th orew expecting a short and pleasat Nouemes The Lariam with favorable wi iG ecemed that ir wish would fi @ joyous realization, as the st ‘vessel mude rapid strides toward her destination. Noth occurred to mar the it Refused, because not wholly justified by evidence. If from the whole evidence the jury*beliove that the defend- ‘ant committed the act, but at the time of 90 was under the influence of @ diseased mind, and was paahy comers that he was committing « crime, he ie nut in law guilty of murder, Which J charge. from all the evid fm th tabi eC Pas commit by tue devocdant t's state ot iosnne ‘iy they ere to discard it frou thelr consideration er. Witch I charge. ‘The fact that the defendant was not prosecuted for that ‘act is strong ovidence that the act was not deemed to be a crime at the time of its commission. Which I decline to charge. To mak nd f mall uey would guve to be utfored wile ho, defangant wae Io's saue state of mind. Which I charge. To connect them with the shooting of November 25, 1869, the jury must find that they were uliered maliciously, seri ously, with the intent mm when aud as they im- how. that he kiled wath invention to kill, because he was not legally capable of forming an intention to kul, @s an luteution which was recognized by the law to be criminal and tereby render 1m accountable to human law. Practically, by the evidence, the Riysioal aot of Killing (that 4s go often a subject of dispute in homi- cide cases) has been admitted, But the mentat aracter of the act, the legal accountability for tue were put in issue, Afver the arraignment you were then severally called and sworn. Whatever ‘was said or done during the progress of challenging or empanelling 1s to be disregarded or forgotien by you as in any Way bearmg upon the present rela- ons between you and the prisoner, ‘or instance, the circumstances that thé defence or the prosecu- Which I charge. If the believe that from any predisposing cause the delendadteorind was linpuired, ana ‘we the tine, of king deceased, he became or wus mentally incapable of governing himself in reference to deceased, and ut the time.of hia miltting said act was, by reanon ‘of such cause, unconsolous that he wascommitting » crime as to thedeceased, he is not guilty of any olfeuce ver. Which I charge. Jf somo controling disease wnsin trath the acting power within him tae prisoner) which be could not resist, or it he ae! out, acautious mariner, by an act dvoid of prudence, caused the picture of contentelness to suddenly change to one of dismay and death. AN OPEN LIGHT, About noon of ¢ie latter date this officer, desirous of giving the upper deck a little neater appearance, suggested to the cap.ain that he intended to varnish, il, which, meeting his hy pomenree 4 he foolt -hiy pro- cured an open tight, and descende: to the after hold, exonerated him. Now we have the McFarland- | jjon excinded jnrozs ave not 12 the remotest manuer | had not « suiicieat use of his reason to contro! the’ passio ported by the ‘Soleuiont ase tate of sanity, and that the where the fo Richardson case occupying the Court of General iu A right | which prompted the act complained o/, be is uot respoasible. | shooting occurred in pursuance of these threats. some stubborn juror who wanted @ conviction and | and attempted to draw it; but ic was the I Sessions for full twenty-six aavs, resulting in the | #\Ven and exercised under statute 2s nol amenable to | Which I charge. Which I decline to charge. who'was holding out against his fellows as long as | act of ship's duty he ever did, asthe flames of the critesm. That process of challenging and empanel- Jing was simply upon the relation of cach of you as a juror in the then future toward either the Rie or the prisoner. When you were sworn both the peopie and the prisoner were practicaiiy contented to have you hed evidence, aud that which precvded the empauelling o1 the twelve is as if it never hau been suid, Phe evidence began and it has closed, Your first inquiry iN considering the whole evideace lamp coming in coniact with the fumes of the flow- ing varn sh, a terrific explosion occurred, and the demon fire with a hundved hands was tenes | destruction on every side. In an instant it seem: to pervade the entire hold, and before the frightened and burned mate, with his clothes on fire, could reach tne deck, EXPLOSION AFTER EXPLOSION And it must be borne in mind that the moral, an well as the ttoectual facuities, may be so disordered by discase as to deprive the miad of its controlling and directing power, Which I charge, 6. In order, thon, to constitute @ crime, & man must havo memory and tatelligence to know that the act he is about to commit is wrong; to remember and understand that it be commits the act he wii be subject to puntshment; and reason and will to enable him to compare and choose betioen the acquittal of the man who shot down the seducer and betrayer and once more asserts American mangood, American juries and American morality. ‘There was an immense crowd in the hallways yes- terday morning on the opening of we doors to the General Sessions, and Captain McCioskey had his he could, only to gain them over to lis view of the edse, And if he should succeed, how like a terrible calamity (he restilt would be when the announcement of such @ compromise wonld be announced! Every- body became restiess, Even the ladies grew fidgetty and left their seats and moved about the court room In passing upon the question of whether that act, was or not criminal the jury are to take into consideration the diffl- cully they may aupposs the defendant to be wader In de- Tending himself against It from the lapse of tine siuco it oc urred, the disappearance oF dispersion of wituesses and 8, Which I decline to charge. Anto the (alleged) shooting of March 15, 1867, it $s only evi- inst rp here § ‘ou the present ‘indiowment on. a was heard as the fire licked up the infammabt hands full to preserve order and see to 1b that mone | wail naturally be Rippored advantage or gratiication to be oblained by the ory Spelacipe that that rahootiag and’ that of Roramber 3, | from one place to another, in an aimless sort of way, | Jeire, and the pe ree ae ine ginouy hpn oh gi ss eens ‘The | Fbw—What are the theories of each ala vinibal act, and the immunity from punishment which be | 1s6y, occurred while jofeudant wasin a sane at 4 ; a4 ‘ho but autliorized ‘parties made thelr way in he | | Si Whutare theres of law that conbect thomas will secure bY abstaiving trom it. Ki, on the otuer hand. be | mint. aloof | ag though they did not exactly know what they | way. So sudleu did the termibie trath break upon with those theories ? ladies were out again in great strength, and among them were a great many young misses of “sweet sixteen.”? Mr, Sinclair, Mrs. Sinclair, Mrs, Callvoun and sey- eral of their frlenas were present in the reserved quarters of the room, and laughed and chatted among themselves as thougir they liad come to wit- ness a comedy instead of list to an argument toajury who have the life of « (eliow betng in their hands, The Prosecution Swoming District Atiorney Garvin opened at ten iainutos pasteleven. After referring to tie long time the trial had taken he spoke particularly of the duties of a jury sworn to decide upon their oaths on so Lport- ant @ question as that now presented to them, Counsel then went over the whole details and salient pomts of the testimony, and in concluding exhorted the jury to deliver a verdict that would assure the people that a man’s life canndt be taken by another at will, and with little or no provocation. The Recorder’s Charge. The Recorder then proceeded to charge the jury as follows:— GENTLEMEN oF THE Jory :—To you and all others who have assisted In this trial, it must be an especial cause of congratulation that it rapidly draws to a close. All which remains unfulfilled is the sworn deliberation aud solemn conclusion whieh ourduty as jurors enjoins upon you. In afew ours this case, wilch has daily been prominently presented ty the public eye during the past five ‘weeks, will pass quietly from its gaze, only to be remembered for the precedent which may be estab- Mshed by your verdict. That this has been a trial have not intelligence ity enough to Lave a criminal intent and purpose, moral or tnteliectual powers are so deucient tuat he has not sullicient will, conscivoce or controlling mental power, of 1f, through the overwhelming vivience ot mental disease, his inteliectua! power is for the time obliterated, he 18 not a responsible moral nent, and is no punishabie Cor criminal acts. Which I charge. If the jury belleve from the evidence that previous, up to, and atthe time of the howteide in quesiion the prisoner thought or belleved that his witeaad the deceasod, or either of ther, were or was watching him with a view to aecertain- ing how ho provided for his oldest son Peroy, intending to take legal proceedings to deprive him of that sou the first opporcualty that offered, and coat io coustderyd bis poverty would render bisa almost ieipless against such procesding and so he would jose that son; that this was an tuwarrante: and nnsound delusion on the part of the prisoner; that thereafter, and in consequence thereo!, bis wind became ‘and cuntiqued diseased; that such delusion and disense in- ‘creased in intensity until the prisoper became, was and re- mained subject to great causeiess and violent’ frenzics and rage, in which his power of distinguisving was committing & 10 OH was for the Gime destroyed or superseded, and that the act ehiryed upon bam was committed while so such # paroxysin, and while auch power of distinguishing was destroyed ur auperaeded, he is ot responsible legaily for that act. Refused because, although good in part, it is not, in my opinion, correct a8 an eniire proposition. If the jury believe, trom the evidence, that while the pri- soner was in such a paroxysm ax is described in the last pro- ition he committed tie act charged upon bim, at te ime thereof being entirely diveatod of all mental control over ctions, and without will or conselence, or the capacity to exercike will or conscience in reference to his conduct, #0 far ‘es the deceased was concerned aud as against the deceased, he tn. not respousibie legally for the act, even though he was dhe time expable of diaingulahing between right aud wrong fh Feference to his act. Which I charge, It the jury believé from the evidence that previous, up to, and at the time of the homiciie in quesvon the prisoner thought or believed that his wile actually loved and Woult not have left him but for tho persuasion of the dee \ females acting in bis interest and that she ing to retry and would have returned to him were doing or where going. At hall-past four o'clock it became so dark in the court room that the gas had to be lit, me . jhroual thes Aon and eyen then the darkness was not dispelled { ?! He vessel, creep! ugh the.ecks and chim suiicteatly to make a person at one end of the room toy ae PUNE Seromrann le Ti wesse crisitat clearly discernipie from the other. The lights THE CAPTAIN'S EFFORTS. 2. Nickered as though they were about to sink and dio | ,,)/en the fas jo ngayon tie ren parte out atevery Moment, and the faces of the crowds | githoagh but @ moment had inierveasd, he was beneath, under the uncertain glare, looked pale and | staggered to gee the flames forcing their way 50 ghostly. saveuely, through the hatchway. Nothing could be WAS 18 AN OMEN? hia Bias Syren ee suffocating, and . 6 busts gould: not be reaches le asked nO ques- Ltitle Perey meauwhtle had made his way from | tions, but, looking mito the seething cauldron below, his father’s side to the table inside the rating, where | told the men to save theruselves and pray to God to the réporters were sexted In a group discussing the | "¢!p them feet iy toile a oe a merits of the case and the probability of the nature | and attempted to cling to the spars and boards they of the verdict. He evidently had no real concep- oa meaty hei ages va te lat for bee " si 0] e ofthem. Inten minutes ircm the ignition of the tion of the awful position an witch his father | varnish the matninast was topplivg, and tu thirteen stood, and amused himself by playfully tossing | minutes it weut over the side, and the gasp- An orange to the reporter. His father sat quietly in ing, drowning. men clang with life in view hissoat, gazing Ina wistful, sad way at tho boy ta | Kra'the five was’ crete along tue, rimming to his play, but said nothing. Perey, too, peeved at him | the foremast Captain Chadwick took his little son every once in a while, and siretching out inaiterees and ily oa the side into the ocean. his little ‘arms, held two oranges up apove his | Winch save Lis and his son's liven. 86 torrible, Wa lead as Mf to let his. father see what a | the heat at this time that the faces of some of the prize the reporters;had given him, and wonld then, | Men by the ship's side were bitstered and cooked, then tt r aa before, begin to throw it about, evidently enjoy- ry herd tres Oe mabitie boys Sais ares ing the way they pretended (to humor him) not to be | from tnetr places of Insectrity and, irightened and Able to catch tt. He got thred of the sport finally, | Cxbausied, sank to rise no mora. and, Icaving the reporters’ table, took one of the When despair had ecttiat upon the survivor? seats vacated by one of the jurors. It so | hearts, and the captain and half-drowned satiors felt that no earthiy power could save them, the fast- pasa! hised th Wee ha ers i Fi sais enings of the quarter boat fortunately burned away, 998 volce was to. proolaim either :his father’s lb- | and the: boat tuiling in the water right sive up, one crew that for a moment they were baraly ded. put, looking around and realizing that beneath them was @ seething volcano, and the forked tongues of thelr eu were Working to every pari + Which I charge, Ifthe jury believe that the act of November 25, 1889, o0- curred while the defendant was. tu » stwte of insanity’ ft 18'un- aifected by ths act of March 13, 1397, even though the act was corpitted In a state of sunity. Which 1 charge. Even supposing the defendant to have threatened to kill the deceased in conversations occurring autecedent to his being suot on November 20, 166% if thas ack (the shooting on that day) was perpetrated by the decendabt whe ia w state of juganity tt would sth! exempt him frm legal responsibiticy. Which I charge. Under any circumstances the jury. must find that the threats and act in question were the result of a sane mind, Which I charge. Upon the point of the sertouszess of the threats the jury are to consider the fact that those to whom they were wade nelther notisied the deceased of them nor took any steps to have the defendant arrested for them, in pursuance of law: Which I decline to charge, If the jury belleve that the threats were unmeantng, and were uttered in a tate of excitement or anger, without any intention of executing them, and wholly aa the result of pas: sion, they are not to be regarded in determining the charne- ter of the homicide tn question. C This would only modify their weight in evidence, but would not exciude them from the jury. Experts have been called in this case, They are to be considered rather as mirrors with which mercy to reflect upon you their opinions. But you are the sole Judges whether the reflections are accurate, Sometines the expert is an outhustast; sometimes he Isa clever charlatan. In the one case even his good judgment bo A be warped; in the other hs want or judgment may be -speciously hidacn. Hence the usefulness of ‘wad asumpire. Ths cxact line be- iG t nity pspnity 3 ica) philosors, eo Raat ii lapradet ts Bee eae ri a8 dificult to precisely measure as a meridian Ine in geography. Bat law and scieuce in each Instance do the best they can to arbitrarily fx it for safety, Experts in mental or moral philo- ‘ue theory upon which the defence seek acquittal 13 substanwaliy that domestic troubies produced in ihe accused @ state Of insanity toward Mr, Richard Bt The theory upon which the prosecution seck conviction ds that the domestic troubles onginated and fosiered such @ spirit in the accused toward Mr. Richardson as the law cails and rebukes as mailce, Reviewing Vie evidence upon ihe subject of the siate Oo! Insanity offered by the defence, 1 can see that noariy at! of 1t would have been admissible hat it ‘a ollered by the prosecution to prove miilce. ed in domestically act- ing as he did toward his wie aud her arieids. che proseoulion take some 1ssue on that justifeatuon. The defence claim that a cousphacy to disturb his domestic relavions ex:siet on the part os some of hia wite's intends. Bub, gentlemen, retain constantly in your minds that ihe actual site of these domestic rela- tions, or the biame or praise appertaining to them, or the iact or Color of tact, or tue Sime b of any such couspiracy, are not at all maierially for you to deti- nitely ad udicate, The quesion jor your considera- tion (whether you cstimate insanity or malice) 13, how diithe prisoner believe about those domestic relations or @ conspiracy, and how did that belief Lippiess his mind, sancly OF insancly? The law books are fuli of cases of sane men who have killed from a malice engendered by utterly false conceptions of occurrences oF individuals, Medical records and law books contain many tistances of insane men killing under an insanity which was the result of the most delusive or unsubstantial or irrational con- ception of human conduct or maierial eyents, as well as from insanity occasioned by the operation of actual facts, ‘The theory of the defence as to the operation of the domestic troubles upon the mind of the accused was undoubtedly fully presented by the long ques-"| tion pe by the counsel for the defence to Drs, Vance and Hammond, and which you can doubtless sub- stantially recall. The theory of the prosecation was Invested with great public tuterest (as you could | Mainly as to the malice and partially as to the sanity | but for this cuuse; that this was an upwa and un- | sophy, as in geography, can only describe and Llus- | €*'Y Or doom hun toa felon’s death. McFarland | of tie crew scoured it, and finding the oars in it, at poly have, noticed from the eager ‘rong daily | Was quite subscanually presented by the compact | 2und delusion on the part of the Prisoner, thal thereafter: | trate,’ You Hethojitiges: Tes for yourselves the | saw him and nodded to him, and tho Litto | N60 began to pick up tho thankful souls aout him. sieging the court room) may properly be attributed | question put to the same witness by the prosecution Greased that ‘such delusion and disease increased in inten- Inva few. minutes the captain, his-son, the first mate, yhases and conditions of sanity or ical) Se: the ine between aversion, anger, rage, hatred, wrath, vengeauce upon one side, and the dethronement of Feason on the other. We have all probably seen manifestations of the emotions and passions just named, A great philosopher has said, “No man is sane; that in every organization there is more or galiy, Tor the act, % i Jess of a 4 Hon bt ik hormal condition of the Refused because, atthough good in part, it is mot, | Nd, ae Deity WOUd Reve i anger ussll is a in my opinion, correct as an entire piopontitoe 4 ee Acid suet 4 rat Bim liv ye ae If the Jury believe from the evidenes th TATE aot venconine ustedes mete oo chia dary baie rom the evidence that wate tbe prt | Wrath, nor vengeurce, uniess Drofclug a stato of position he committed the act charged upon him, ateihe | Msanity, Wholly excuses crime, Hence, as pluloso- lume thereof being entirely divested of ai! mental control over | PHers, Xperts, jurors, judges, counsel and laymen bis racsons ped aes, walt or opmnmence ee the capesiy to. might speculate wildiy and blindly regarding the reference to his conduct, 60 far Ey 5 e 40 OU 2 ius Receaned eee ye gee pa as against the deceased, ride erteigal Maen * Pratt ae eng Perey ne ye Is not respol ‘egaliy for the act, even though he was | wel) gs jt and jeaye the application iu particuiar At tho tine capable of uigtinguishing bet 7 id Wrong in reference to that. © uamNs between right and | -Q6; to the sworn judgment of jurors—the. real ex- Which I decline to charge in the terms proposed. nee and Upon alls pe ean & Stille’'s Medical ‘That to make tho prisoner responsible for the act barged | Jurisprudcnco, section 115:—"“Briand ‘Sthat from vi this step Which {mpresses UPON the act fellow, catching his eyo, stood up in the | sfarshal Johnson, a boy, B. H. Roberts, seaman, we chair and in his childish glee waved hid’ hand fook ‘and six other satiors were taken in, and they to lis father, as if to send hima kigs. At the very oe off as far as possible feom the (ast-sopling | moment ® loud murmur, as of many voices, was ott Bote a heard out in the hallway, and in another secgng the ‘Tyenty minutes from the first explosion the Sun- doors were Urown open and the juty entered, | beaia Sank Thin signt. Ie was feartul how tie fire nies, Meni “Nor GUILtY,” still Kept creeping through the vessel. Varnish and i le a ae ot oh bu oy dene GP® saltpetre, thousands of sacks of the latter, seat the Asilence of death av-once reigned in the room as j Wickel Garis of fire upward and around, Mast the jurors filed in one by one and took their goats, | after inst fel, and about ten minutes past twelve ‘The prisoncr for the first time since the triat Rrirnee wes L pieetnn Yer oe, ae leis began showed signs of .emotion. A doadiy | miles fr the last bubbling hiss was nerd palior overcast bis countenance, and nis | 224 the noblevcraft of an hour beiore was a thing of fingers wyed nervously with the iron | “We Past DELTVERANC! railing at his side. As each juror took his seat he When the Jeph iooks mn ai of ae a mieed 9 endeavor caring wrecl , With iis th elve souls, « goed af Lim intently, as If endeavortug to read im | Peay Re ie aie deedeetire fUcky On me va their countenances in what light they considered | work was tebe done, and that Wickly, as they had him—a murderer deserving death or a man | Nothing tocatand nothing to drink. "Bae cdeliver- on the crois-examination, and which you may re- call. 1 do not intend to comment upon the evi- dence in deta. Ido not think [ oughtto, In the tirst pice it has been sammed op pats by the speeches on elther side during evidence, and as a whole in the closing argumenis. In the next place it is impossible for me to take up the eviience without possibly impressing upon you by my arrange- ment of It, or emphasts im Tepeatl ng it, the very de- cided gauy ton upon the merits of this proseciition which I have formed. I shall simply group it as ap- pertaining to the question of malice or insanity or legal questions, and leave the details to your mem- ory. ‘ihe legal necessity for a man slayer to have beon ina state of sanity when he stew before he can be held accountable to human law 18 deeply rooted in jurisprudence. As far back as the civilians the mixim was ‘“/uriosus Surioso solum punitur—a madiman’s madness ts his only puntsument In the carly history of the common lew one of the essen- tials to ¢ deAnition of murder—a definition which is its universal test in jurispradence—was “sound memory and discretion.” “Murder is where a per- to the fact that, incidentally as well as directly, many notable ‘personages have been brought forwayi, Whose public positions and acts and saytogs in conjunction with the wife of the accused for various Years prior vo te shooting, had occasioned extraor- dinary and diffuse commenis. 1 niust uow ask your undivided attention wiiie i assi-t you tn holding evenly the balance-beam from which depend the the scales of acquital and conviciion—scales into which such @ volume of evidence has been placed, The duty of judge afd jury is always dificalt at the end of those cases in which Unavorable latitude has been given to evidence or has been taleen by the zeal of counsel, or consuined tn eloquent addresses upon either side. Your duty becomes extraordina- rily dificult under the extreme latitude taken by evidence and counsel duringyiitis trial, and proceed- ing from the peculiarities of (ne defence, Tecan best Aiken your labor now to that of the gold miner who 4s obliged to sift.bushels of sand ip order fo obtain a few grains of gold; because really amJd ali these ac- cumulations of evidenee the 1s: lor you to deter- mine are few ani capable of belag simplitied, Uf it sity until the prisoner became, Was and remained subject to at causelees and violent fronzies and paroxisms of rage, {J whign bis Rerer of distinguishing whether he was commit. ting A crine OF not, was, for the timo, destroyed or super- J, and that the aot charged upon him was conmitied while in sueb a paroxysm, and white such power of diatin- fulshing was deattoyed of superseded, be is uot respoustvle, re referenc: ~ zi 4 46 8 preci 7 inte ! . ance was at hand, and when but an hour or 60 in had been possibie atvhe outses to have known what | #on Of sound. memory and discretion, unlawfully Rot moral inane In reference to the deceased or the act | Con Pitta, a mens “nt . Who was jastifed tn killing his wife's | ti6 ie grail erait whe eircumstances were cleariy sible im evidence, | kills any reasonable creature, belng am the peaco of pf semesoe ola Perpoteating upon the deceased. | Cow exasity (ue prceiae chargcteristics Gr the pas. | emprer. But he might as well’ have tried Weare ante ina anaiasielin as directly bearing upon the insanity defence, Ula case might perhaps have been closed within a week. ‘This accused, \ét me say at the outset of my charge, the king, with malice prepense or aforethought, either express or ttnplicd.” The converse phrase of our statute “state of sanity” ty convertible with the s10n8 and Of insanity. But here seience fails; for it must to have found expression in the bare walls of tne | Captain Athern, then on a cruise, having seen the be aduiitted that we are unable to point out the place court room at their backs, Each man wascaimand | fe miles away, bore down to thelr position and That to make tho prtaoner responsive for the act changed upon fe must hare been Iutellec r . : ~ MW reference to hat act ani the deceased at ihe time of iis | Where Passion ends or imadness commences. M. took them on board, subsequentiy landing them at Js not to be either convicted or acquitied upon the | “sound memory and, discretion” of the common | Sinntasion. Orta ahs tie foLowingdisuncuon perwesna man | elected, and did not even 100K. at the | ‘utcalwano, Chile. ‘From this piace the party made peotues unsel, nor acquitted upon sympathy | law, AS eariy a8 1810, in this court (see 1 ‘Whioh T ches acting under the impuise of the passious and one | prisoner as he sat down. The suspense be- | their way up to Panama, * for him or bis chad, or convieie upon prejudice to- | City Hat! Recorder, 176) it was sald :—“An joa urged on by insauity?"The. iniud 4s always greatly nainfal, horrible 1 Final THE LOST AND SAVRD. ward the dead or tiie living, or convicied’ hecause | fusane pérson is considered, in law, incapable of ; came, painful, horrible to endure. Finally the } of tne saved, twelve tn number, but four names That the law holds no one responsible for bia act, where his | troubled when it 8 agitated by anger, tormented bj fo wig (Me Ps " et Be, Cat Phat ae an unfortunate love, powered iy jerousy, over: Party decused was an Involuatary instrument of such diseuse, po ged d on aps Name merit hearth iy agar ‘And incapable of refraining (rom (ve commission of the act. 4 @2 Whoonqueradie des.ve for vengeanco, &c. Then, pubite por'ey may demaud example. I feel it my cut, also to remind ‘you that no persons beyond the ae cused are on trial, except in so iar as they have been maierial witnesses, and then only their credibility as committing @ crime; but tt is not every degree of ii fanity which abridges the responsibility attached to the commission of crime. In that species of Insanity where the prisoner nas lucid cle we hel during Jury answered’ to thelr names in @ firm voice, | are known—Captain Chadwick, lls son, B. H. Rob- and tien the question came as to whether | ers and Marshal Johnson. None of the names ofthe 2 yi six lost have been divulged, They were the second they had arrived atthe verdict, When the foreman mate, carpenter, sieward and tarce seamen, Per 4% is commonly said, @ man is 0 longer master of ‘witnesses on the wial is to de considered by you. I | those intervals, and when capable of distinguishing } Which I charge. Biel, his reeson’ is: affected, his ide replied iu the aifirmative, the silence became if ; f $ 5 eted, ous are in dis+ Pose | haps their tragic fate may never be ascertained by ww that man is so constituted by the {timate re- | good from evil, he Perpetrates an offence, » +5 ig Tre- ihe accused must have sufficient mental eapacity to distin- | order, he is like ® madmen, But in all these sible more oppressive than ever, and it seemed as weir friends ms d between his inteliectual and atfective or emo- eg that it is ditticult for him in any con- dition of life to keep sympatiy or prejudice from Jadgment; od in the jury box the juror sponsible; and the principal subject of ig 1s, whether the prisoner, at the time he committed the offence, had sufficient babeaty. to discern good from evil; and should the uy believe he had such ig 9 1e guish betweens right and wrong, as applied to the net he is | cas ? 5 it é cases aman docs not lose his knowledge of the Ber ee ae ati tes eames that the act te WORE | yout relation of things; ho may exaggerate his mis- ‘Which I charge. fortune, but this misfortune 1s real; and if it carries him to commit a criminal act this act is perfectiy well though overy man held his breath, fearful thathe | que snip’ Sunbeun was Duile 10 Chelsea, slass,, im might change the verdict by even a whisper. Tnen | 1865. She was of oak and fasioned with coppe ih came the supreme question—“Is the prisoner at the | iron, She had two decks, drew eighteen fect of am Ly sel! ise In order LO discover, if he | city, It will be their dury to find qaulity.’? To constitute a crime, the accused must be acted ty; i 5 7 4 a Ys .? pon by | motived. Insantty ts more or less Midepentent of i oT) water when loaded, and svas 798 tons burden. She firming, A eter bar imorewet hin’ Whetve | or ikewal who mcheg ountnmory rage | “Which charge. Ine goug tat yroducd exited te Pee | frm gute of Woes that was hearatoevery pars | SERA ee Suen HomNNAT & Cop : : an , jons cease wi eir cause, Jealousy gisappears H " \. i eternly,. aside. 8: perny 48 just as much to he | Madness, or the quality of ‘te Insanity ‘hich shall ene cnpmncciber Gat nate rad ‘hal It} ie Scents tae frevous injury, gave itulrth, ke. Wider pesdene The w psa night, ee a at Srmpasy “Ouly aay it posetbre iowe | fUulmn Arresponsibutty. Ft is very interesting to the | set he will be aubject to puisbment, and reason and will ta | cloud. te Judgment, Dub they do nok produee’those | gunn wher uae paw ean. wb : 5 A cal student follow the discussions of legal tri- | enable y Fe and choose between the supposed sions Which are observable in {i ann cre Went up a shout so loud, so Another Burning Vessel. opi or tre nooused and find ‘out what saauner | wemne ice This subject, @nd, indeed, to mark tho | *¢vantege or gratification Co be obtained by the criminal wet atthe counsel. for the ‘dorence. has stared. fn your British long, 80 resounding, that those who had not antict- Captain Tiugiey, of the British brig Leona, fen days Dated it were startled even to fright. At the same | from Matanzas, arrived in wis port last evening, moment a vivid flash of lighting lit up the scene in | and reported that on the Ist inst, in tho Straits of the court, add @ loud orash of thunder shook the | Florida, he saw 9 vessel on fire. He could not gos building to its foundations, as though the heavens | Close chongh to distinguish what atic was, bat sue seemed to be laden with cotton. At the timc a vessel themselves wero endorsing tho Justice of the ver- | was lying near her, and tn Lily opinion the crew Wer, aye, yee in vain that the oMicors of | tn all provaviilty, saved, fuctuations of doctrine. But the law, regulating to- day the inquiry of a jury upon the subject, is not complex. If you will recall what I have held to be ihe mcaning of the pes state of sanity or ih- sanlty, in tie statute, f will now refer to the proposl- fous of the counsel for the deience upon that sub- ject. I charge, substantially, every proposition of the and the immunity ‘rom puniabment which he will cure LY } nearing that sevoral times im kindred cases hé has . witoht chal “st been "tailed upon to vindicate the sanctity of the pe reel fost * «ing mun nave eattctent | N2ttinge te oF of upholding aud defead.ng the mar. \emory, inteli reason and willio enable hima todi: | auch foaee as Gone time Wak eabonseste: tee Einguled’ between right’ and wrong in ropard ve the partion: rh aycergg the Jar act about to be we tlh erstand that § will Yon are not to uphold nor to pros- box. be wipnds and tha be uniahment by eomnall val Ora i cu x > of man he how certain untoward circum. stances were to impress that mind maliciously or exeusably, has 80 much testimony been admitted of a character which, when disconnected from the fo inquiry, becomes wholly irrelevant., 1 Me my duty to shore pareical rly caution you egainst mixing wp the eyience favorably or unfa- vorably with remarks of couusel on elthor Bide, As