The press. (Philadelphia [Pa.]) 1857-1880, January 18, 1858, Image 1

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;wed' at aIL thnes.to fornich,, either from the 'beim
or mekti,to orfer;llookp of every description, snitsble;
or' Le Oars orthe,
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id 2, eskpbbliblieb, con tal pi n g Sermons by tbei
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AL , VOBAB6B.—duet published and for sale by '
_ J..P.ItIOE, CO, •
i10..23.30nth Baru Street, Abele tibesanut,
Mkt Day-Book contains an Alumnae, Tabiesef COM.
patellae hltsateined Mita, and their Antidotes,'
British - - smr:FieneV:-Itedlcisal Albastire4 Atomic'
'Weightalind'emeldninit Propertions, - Articles -
10 Diet'
- Compostire7 Thermometric Bodes,•
litediainali -Tables 'of Poing ~or all ibi principal pro.
psrations or the PhstmaCoPiatiTisift Litt and Lndox v ,
Wye Meauttenistits, Account,:
'Nurses , Aarestei;..lblis er4. Accounts Asked for, :Vac:
, :chisaltnitiktibetefleXiVslieriiiinisk Breech; '
and Anierleses Perlodlcale, o.'
Debts prepared 'with the co-operation at Several
eminent members, ot , the Profession, the Publishers
bud thst this HMO %Whining rill fill A Want hitherto
nnstimilled,And 3rith s slew sts future improvement,
will bo happy to' eccelee ;Any auggeetions respecting
emendation", addthens,:.. _ -
The abdiie are prepared; for T 6 - sual, 50, ',piettents, and
"hottud in various styes, • - ja.
piIIoRIAO,Yv CITY DIREOTORT,-41158, - ;
4A-11!Otintilidni•ass • alphabetioid onto:igen:4llod the
nateweiltlierclawits: Nentaitottuvre, , llecluinles, and
eittiens,l.lwith • their places of -bamboos:- and , dwel-
Hags, givitit.the :tom -numbers, .0 Iv - „poialble;
The:wiveLio appended it Dulness Directory, including
the awed prominent persons to business, arranged undo*
mote oppropriate . ltekatnipS,Sa - eamw4wA - rlittectory
'Pallidity, Now Ifni*, fogetker with a large adetritt
- Useful, miscellaneous =, W.Wntation, Interesting - to - The
- ;Oldie genet:ally; —Dust published and for We at 432
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- 3. vir: TAGI,AUT -k 004 Agents,
Cogger or fiLX.I7I. and gaqg atrtets.,
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• . . sorter ot 110tablut-ettliet.
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~.;11114sIZIN kMACIALIiVIA
, 4:‘ ..,1L;t101TOr#0111,
'VOL. 1.-NO:. 143'.
"
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MONDAY, ..lANVARY; 18, 1868.
LIVE.T4iI'4G.
: - There is, no reading mere pleasant, scarce
lk any, thin „1310gt5p,hy...,, e, formed the
opinion many' years ago-; and . it has been
coelluoicd by 'a pernial of Exama's
Life of Dr. Kean. We have found It full of
'lnformation • not merely pelletal, bat umbrae
ing subjects, ,Tliere evidently has been
a'greatdeat of labor in the collection and col.
lation, of facts, and Are can; well believe Dr:
grkniM alter! hb,'st;ys ; "'the toll Which' does
not appear
,in these pages, I think, amounts
te.:lit(tlMO,'Mora than: the reader :will 'dia.
otifer— e nnlesa he:ims "noire, time written a
14°004'4)14 &She raw Material." Wilmer
,otm tiniallpninla4ko,tb . p iltdshlnglouehes of
a groat poitredi-lattitter—im:combinod, tiith
themain - shavt.ns the
idan,hlinsalf,, let us lots his cliaiacier,
and:allow ns:iftljtidge 'wily and , iiberefore be
did such and inckthinge. • ifhe - beetk is liter
alb; a • deathlesi part ' of one 'wlec; died too
It is =a biogropby whloh wakes the reader
toys weittet - admire its subject. We see
vertlittlo of Ds. Einta In it--bait his frank and
gavial lutt:ure:Ccell , p4bo ropiesSiii, toad that
throws- sunshine our The 'utbolo production.
'olo..ireaCqualitleation ho peettessos--hffec-,
'tibMite fegard the. memory. of the illuslri
ous Dead, whose earthly course ho undertook
toirackundilinitrate. A:Mei:who does not
cherlstr-lhiti- regard for the subject of a bio
graphy; edgitt.riot write it. Bettor err on the
aide of admiration than of coldness. A bio
graphy, tho Ugh it should net he an i'ipology,
should unqinstionably not do an - attark. Noth
ing but goad of the dead (it de module nisi nil
bonum") bia,safer end a ploasatiter rule than
any which would elevate the biographer into a
stern lino.vici , nrirair, weighing evidence,
balancing, evil -a (dust'Mt., coldly deciding
by - hoW mlinTy - he
,r-breadths a man had deviated
into wrongdoing. 'Of all men in the world,
may we be defended , front , an -ill-natured or a,
cold-hearted.thigraphor,Dr.Frman is neither,
and tho result ,is liberal, and gentle'
biography. „ • ' .
The very best biographies , in our language
have heetkiritten by persons well-affected to
wards the parties whose actions and character
they propotiod_ to record 'and estimate. The
Alonareh of Biographies' is Boa WELL'S Life of
"Dr: - 3otiiesoß, a clever; book 'Written by a pe-•
dabtle, einmdted,„ self-opinionated, and self
tvorshipping Man, rather' liMse in Morals, and
iitdy.distinguisiied by his tliinkeyism of. JOIIN
-Roth' For 'Ciiier . :on'e.and-twenty years,'PAlES
BOBinti bid placed himielf 'prostrate, at the
feet of Ssarniin4Orriscur,=—au eniphatleally and
surrenderirigly as
.Man Friday , did to Robin
son Orbsoe, on -the desert island. • .4imsori
snubbed him laughed at him scolded. him,
butw,as:cen,quered by the pertinacity of his
affectionate" 411bmisslon t and 'knowing that
BoswEir: was expressly. .takinenotes for the
purpose of .writing - his life, alibidedlim every
facility, by answering all his questions, and
by cenitnunieatleg dates and private informs.-
tirin, 4 wbiefi gave, accuracy to the Life. The
end was tbotost biography in the language.
.
,„ ,
,A„_l,ong puttee, before any other man ap
,peared 'as ,blographer. - JOHN GIBSON Locur-
Wirrwrete_ab: eloquent and generally accu
rate life of Itoncay. Iltirtzvs, , for Constables
about- the , same time,
lioda'i LikieStiettrvitr-vvas
' feeble •performance, the language. disfl 6`red
- amen the.' book,)_ and the, whole , story
Wrongly rendered, not to save the character
gild' over the
lersenstard 'polfticatrtliairibef's'iff 'the' Whig'
•partyViA leis' honest biography has rarely
been ,
Meonies. tifo of Brain; was an improvement.
Ife had - a vast quantity ; 'of exclusiVe informs.
bon„Opened 'to hiin, and he used it discreet.
Iy. But, the reader may "see, as he reads the
becik, that; 'ln 'thif • author'ii , opinion,. BYRON
Was nettharie good, 'Moral, decorous, or gifted
as THOMAS Moorti. What is called damning
With faint praise has rarelyheeticarried to such
an 440.. The lOose life Which.Braos led at
.Ir9niee is detailed In NIL anti the noble poet's
own bravado letters are published in full—as if
to say; by contrast, as See what a . bad fellow
he avas,"after.all his poetry, while I, who write
his life, live' quietly with My wife, Basks, at
Stoporton Cottage; 'Wiltshire, Patronized by
Lord LestmoWNE.—a real Marquis, while this
Braeit ,was no better than a 'Baron—and,
though 'did write LITTLE'S P08815,,1111101 to
the detriment of, youthfid morals, pater.
lamiiiaOuiwi and; as they woUld,say in my
I native Dublin.. nobody can say that black'S the
' white of my eye.” Yes, Moons could, think
this, aridiayilds,:for a living tis 4 can take any
liberty with a dead lion.
Very different, in spirit and execution, wore
two small volumes, produced much about the
same - tithe. One was the Life of &mums,
written by Thomas 'o),,ararm, ere, he .had run
into the, affectation of Germanizing his mo
ther-tongue, manufacturing
: compound , words
of no value; and omitting to give a glossary
of them. This is. an earnest, eloquent me
moir, written With great enthusiasm,. and
shawingiall through, a strong admiration for
the- Writings , of Seurrmen. The other small
-hinstragii - Iva* Life of CitADDB, the poet,
written W - hurTson T ,tlrstwAr.l 3 --...4,n • , • •
partial, and affectionate book; indeed, one o
1 -the best
..short blograiMiei -in the langtige- 7
hOtAllito equal -to the Life of GERALD
GAIr-
Pitt, the Irish novelist and poet, written by his
_brother, 114 i-illy a labor of love. It will 89011
be republished in this country—wholly _ .
re
,written,, by - its, ; -- antlior---ne . - tho Oncluding vo-
Mei& of,t;he edition of Guariatis works, Issued
Lg Aint4wa, 2 of New 7),-orli:'
= A hiographywhleh comes next to, lloswzm.'s • '
Yourmoils thoLifii.Of Sir WisirsitSoo - ri, by
3. G. LOOKIDUCT, his son;in-lad". Take these
books by iloswar,r, end - Looniumr together,
and you have the.litcruy.history of England
,fiiiMior a:century.: = - •
f:ltehiyeadiall e tWitlasaldograpidos
, 1401.:,,SPait$er. , a0V-..Vicamirioaroit
~ ,,T:0 11. 4 * ',POO -. l4lcti*lifj*i r tten the :Life of
.11'Aittit.irrOtqnd:hofh;are worthy of itpPro;•
- hatioi.'-wram!s Life 'of-Pivo t - tot nanny is a
diet rate , werlt, and adequate mehoira of othef
great,public s ung bo ed. • The first
t ht ' nettl"
*Aurae of Dr.,ltanoalth LIM of- Jervenson
(lately noticed by us) affords promise of a
complete work.of great value. Simultaneously
has appeared Pmeroar's Life of AAnou Buen—
a remarkable work, wbich'clears /limy a:mayor
the shadows which rotted on the charsitor•of
•
Bonn: ',',And no* we can placo Dr. ELDEIt'II
Life of. l ANs ripen the list of books which,no
reading . Man , should be without. A critic
said, ",Never boy a book which you want
'to read only onoe.t' We have already road
the - Life of Kann twice—poce impatiently,
friginentS, and then carefully and satisfyingly
--
so we are qualified to pronounce it worthy of
being purchased.. '
Tital , teW Beel6rd (Maas.) Mercury rennwka
that the very,unesnal cold of the two past winters
at the north hag' AO aPpitrently to the migration
genthirerd setae of these birds which formerly
remilined.rith us th ' ro ' ugh the trying season of
&mit find PROW..., Xt . this proves to be really the
feet, it shows arieztrtiordinarydnelinet , on the part
of the beautlfulfeathered denizens of the field and
`forest. The disappearance or the quell has been
already. mentioned - , To this favorite bird may be
added, as having migrated the, Meadow lark, use
allyeertn-ltere, and - the robin, idiot 11mM not
beim obseiced this hinter, in tpito of its unusual
mildness, " • '
' ,Thel3t. Lento Republican lo,respoasible for
, the following' nosy,: A young. lady, twenty-five
part of age ; of elegant accomplishments and falai•
sating giantism of many kinds, arrived in this ohy
-a fair 'reeks ago, from Ohillicotho, Ohio, on a visit.
Bhe bad for -some time boon 10 the habit of taking
qatintitles of arsenic, for the purpose of
, brautffitag her complexion, and on Ifriday last qbe
took an overdose, fell sick, and day hafore, Ylißler.
day ohelied.:': . , .
Birckingbarn, luta been elected
by the 114,rid of trustees, Prlneipal,, of Hanford
VOiht:y (144!) Aeadetoy,_
rho Tragedy at the St. Lawrence
:Trtal of Thomas Washington Elthath for the
- , Murder 01 Richard Carter.
; HATURDAY'S rreooksruNos
Ufep)rted for The Prima
Oran axe Temetnen—Judges Allison and Lud
-Ilow„—The • court-room was orowded•to excess en
!Saturday to hear the arguments in this celebrated
;trial. Mr. Mann, mimeo speech wegive in extertro,
moupied the court from the opening to the adjourn
snout at one o'oloA. His argument, It will be
!nerealved, was an elaborate and clear exposition
lof the law—trapressive, eloquent, and oven solemn,
in some parte. and was listened to with marked at
tention by the court, the jury, and the spectators.
Ow the reassembling of the court in the afternoon,
' Mr, Thayer addressed the oeurt in a speech which,
from: being so full of quotation from Medical
'teethe on insanity, and legal quotation, was net et
interesting as his (merinos, , It was, however, a
powerful argument in Support of the insanity of the
prisoner..
Usti le' please your /Iowa; Gentlotoon of the
Jury: .I . t has become my duty new to state to you
the law, and to review, the facts of this ease ; and
In discharging this duty I Shall present to you
tliir lawltii firmly belfeve it to be, and shall al
, lode to the faotii holy no they have been proved
upon this trial. You have been summoned by
the law, and occupy your .positions hero in ohodi
enc.° to its requirements. It gives protection to
every home; it affords etiourity to every fireside ;
1t ie oueguide and guard, " Our cloud by day and
our • pillar of fire ,by night ;" and • when your
symtatthiesere appealed to, to load'you frond your
path of duty, I pimply ask ,"you, to turn; your
Gyve to it and rework it power , 'wad enforce
its authority. It is the Innbc.,dimout of Ihewles
dem of ages, and one of its sages less Said, "That
if the wisdom of all the learned and the wise were
gathered together into one, that ono- could not
make slaw Beth Re the WY of England is. Poe it
Lath been for ages fined and refined by grave end
learned men, until it bath become the perfection
of human reason. And yet there are those who
seek to ho wiser than the law, and desire by the
Maintenance of visionary spo,iiiiitions and litttly
spun theories to pervert its principles.and destroy
' its efficiency." And / fool it my duty to warn you,
when you come to decide this case, to discard all
Ouch theories, and •to uphold the law as it is de
clared and enforced by the judicial tribunals of
the country.
I shall not depart from the law of the land to
discuss insanity in any other form than that
wherein: it is recognised in the law.. To do so
-would be to renew illusions, to obese spectres, whilst
the sabstaneb of that -Alois we seek is to be
found only in the law of the lend. Nor in the
discussion of the, facts of this OLISO shall I state
them otherwise than as they have boon proved;
nor shall I go out ormy way to assail the living,
or to abuse the memory of, the dead. In this I'
hope intexample will ho followed.
It is not for me, occupying the publio.positinn I ,
do, to so prOstitato it as to unnecessarily wound the
feelings of others. As far as I can, consietent
with my duty, I intend to'' deal gently with my
brother man—still gentler sistor woman."
On the 4th day of November last there were
three persona who have become prominent, man
fully prominent, in the occurrences :which 'have
led to the case which you aro now investigating.
It has been welt said by tho gentleman who pre
ceded me in this office, and with whom I had the
pleasure of being associated in patio Piroseoutiune
for six years, that "death makes , fearful revela
tions.' • It often reveals poverty„: shame, and
.crime, whore we believed existed virtue, peace, and
happiness.
Let me take up the nrst of that* proMinent peri
sons--the one whose death we are inquiring inte—:
and ascertain what the (riots are in reference to
hint, as they have been proved in this ones. I ask
you to divest your minds of all that has been said
of him in the opening speeoh of the prisoner'e
counsel, and to judge of him only as you know
him by the ovidenee.
Richard Carter was a man about 48 years of
ago, a resident of Tainaqua is this State, Who had
by energy, industry, and integrity acquired con
siderahlo prom4ence. ' Ile was reputed to be it
man of wealth, ,thd seas the president of a bank
located at Tamaqua. De came to this city in No:
•vember of 1856, and here met the raise= at the
Madison House. Ile was there Informed by Miss
MeCauley.that else intended to be married to the
prisoner ; at which ho smiled, evidently consider
ing it a joke. In December 13th, of same yea r, ho
wee in Philadelphia again, end wee seen by the
prisoner- and Miss Stnith, and after the marriage
he was onetwor twice in oonspany with tho prisoner,
his Wife and sister. •
November 40, 1857, ho eras in Philadelphia—
, OS his nephew in the street — walked with him
"the - St.'-liayerenee dein' and von.
as. converse wit , then rose up . end shot
him. Richard Carter fill upon the ,leer and expired;
and this is all the, testimony that, has been re
ceived Ia evideneevith regard to him. • ' •
" If I Were . to attempt to repeat what has been
said abosit or to etiticipatavrldit rdaYitio sold
of him; concerning matter* not in evidonee. it
'would foreign to the ease and unjust to him.
But there is one point which I do desire to ex
press myfopinion upon. It lsjust and right that I
should do so. It is that Richard Carter never
got up this marriage. It Was Ito work of his ; and,
sf we are at all able to judge from the slender evi
dent* Upon this subject, we must oonclude that he
entirely disapproved of it. In feet, ho does not
appear to have }mown that it was seriously eon
templated, until the visit made to him by Miss
Smith, formally announcing to him that it had
been determined upon; and a letter of his has
been alluded to, written to Miss McCauley, urging
her to decline it, sayingto her liew could you
i
think of such a thing n, the situation in which
you are ?" and telling her that if she determined
to marry, " to destroy that letter, and all others
from him."
Do not let it be said, then, thathe brought about
this marriage, or cajoled this prisoner into it.
Whatever his faults or frailties may have been,
this stain exists not upon his name. It is a saris
faction to me to state this, and I do RA in justice to
him and to truth, to these who knew him and
loved him, and who still cherish his memory. It
Is not fur use to expatiate upon his warmth of
heart, or upon the generosity of his nature, nor
upon those qualities which so endeared him to his
friends, and warmed Into devotion the affection of
his kindred, and made it imperishable.
Lot us now pass to the consideration of the next
prominent cheroot.? In this tragedy—Elizabeth
G. McCauley, the wife of the prisoner. The evi
dence in regard to her is: That elm was married
to the prisoner on the 111th of December, 1858 ;
that in April, 1857, she gave birth to a female
child, now living, end that she slated that Carter
was the father of it; that after the birth of the
child she was taken to Bristol, and subsequently
wrote two letters to her husband, which have been
read in evidence. This is all the evidence con
cerning her that I regard to be material in this
case. I will not stop to criticise hoeconduet—she
is not upon trial—it is not for mo to say how much
or how little blame is to be attached to her; I am
not her maser—she has not had any opportunity
hero for-her defemse, and I forbear to Utter spy
words of condemnation.
There is one more prominent figure in the pano
rama that is passing before us—the prisoner at
the bar. Ills history as detailed by himself (you
will remember o before you. lie appears to have
a man filled — Wltta — utitcr - eeme-ef-naenr,or
generous iuipulses, honest and confiding. Devoted
ly attached tolls wife, be bad confided to her the
whole wealth of his affections, and when that con
°donee was betrayed ho was an altered man. Ito
found he had been deceived by one ho loved the
most, end he now suspeoted all. From being gen
tle and joyous, he became wild and full of grief,
and his manners seemed to have undergone a
°bingo; be believed he was disgrfteed and that be
bad made himself 'a laughing stook to all his
hien& ant.l to the otunumulty; ho oonsullod his
friends, some, of whom, to use the languageof• lie
sister, advised him to take a/mien, others a legal,
reveno. Ile carried Arnie ' and said be believed
that if be over met ItiehardOarter be would shoot
hint, 'On the 4th of November last he sought the
man ho called his foe ; conversed with him calmly
for full fifteen minutes, and then put a pistol to
his boart and hurried him' into eternity. This 14
tralra terribla=le it an unnatural story?
Ito:4mM Carter has passed away ; he is in bis
grave—z-there iethtm rest.' There is nothing to be
gained by anyone in this trial in seeking to die.
tarbittcrepase.',W to n great "andan over-power.
ing feeling in ail manly natures to let the dead
,rest; - and 1 MA KM that you have no sympathies
With those who whisper slanders among sepulchres
and, tear the earth from a now-made grave before
the, grass has grown above
' Let one will your attention now particularly to
the spOctao, Wetted that the law charges against
this prisoner . HOieliceissed with wilfully, mall•
°toasty, and. with premeditation, taking the lifo of
Rlehard .Carter.. All the cireumstancot•—and I
will not go over the ovidenee—show this act to have
been done under such circumstances as render it,
it a crime at ail, a cruel and wicked murder, and
of the first degree. Were is no escaping this con•
elusion. In all the testimony—and there is no oc•
onsion.noir for one to rev,ert to it—you can clearly
discover the motives that prompted to the crime—
the means by which it was committed. It is
clearly proven, indisputably proven, that Richard
Carter came to his death without notice or warn•
leg, and'that the act was cowardly as it was crud.
The law denounces it in its strongest terms. The
prisoner is ealleil upon to excuse or justify it, or
receive the, penalties duo to such a orime. And
what is his excuse? •
To all tide the prisoner, by his counsel, has an
-steered by the plea of insanity, and, in introducing
it, has warned no that no man should make light
of thin plea because of its abuses. This, on the
part of the prisoner's counsel, is a concession that
it has been abused, and that groat crimes have
been glossed over by this plea, and the sophistry
used to render it available.
Let me now, at the outset, else say, make not
light of this plan, but examine it well, weigh with
cars and caution the evidence adduced to support
it . ; Eaton with attention to the law of the law
as it will ho Mid down by the court in regard to
It, and then decide it, fairly, honestly, anal
It would be a burning disgrace to the adminis
tration of the law to convict a man of murder who
from disease is rendered incapable of committing
crime; and it would ho equally disgraceful, as
well use dangerous to the public pease, to the lives
and safety of the citizens, if a criminal escape by
Moans atlas plea, if it be unsupported by the evi
denee and uneustained by the law. Lot it be
known that a Man whose dearest affections have
been trilled with, whose heart has been lacerated
by injuries the very recital of which can make
other hearts bleed—l say let it be known that such
a one can seek the individual be believes to be his
enemy, and take his life, and merely go through
the forms of a trial in order to be acquitted_ in de
filmes of all law—then all the securities which the
law affords to
- protest the sacredness of human life
are tattehr htet orilittanevi t the
_ )•,4 . I.
LADELPHIA, JANUARY 18. 1858.
, .
ination l s toe a we have boon taeght to revataleurP
;broken down' and the pistol and the bestirs itniq
aro to be the dread arbiters to decide who Shall 11)41
and die among us. - „
I therefore do entreat you most fairly learW
prove and ,to deoido this, the only issue bee
tweon the Commonwealth and. the prieonet, and ;
to remember that while the counsel for the prism'
,
are here solely to ward over his interests, yelf 4ll l - ,
' I are to keep watch, and watoh over the welfare.
of thousands: With these'responstbilidee before,
us, lot us enter upon our tusk, and with these ria.
isponsibilities before your, minds, lot me obajdre )'Or
to close it.
• It is not my province to deduct insanity; I leave'
that to'others. It is no easy task, and It le 001'
necessity to the onus to perform it.
It is my duty, however, to state to you the to !+
as to what extent insanity must exist in - order
render &party irresponsible for crime.
To the law upon this eubjeot I entreat your moil,
serious attention, for, as there is little or no di s
? „..d„, st: , about -the feats of this ease, as you aloPlir
e law of the land to those facts, so you, rill de.
of it.
. I know 'of no better way to make you fully'oenti
prebend the law, as it now exists, than by treeing,
it down. e from the earliest decisions upon the arth• i
jeot- to the present time, You will remember' that ;
I am only dimming the question of responsibility]
for orime. This is roduoed to a wrote com,pass, ( l
There - aro other, and many other, questions oolli ;
nested with Insanity that are more boundless ther m i
the dominion of the mind. But that of respond.
bllity tor, orient is fixed, is strictly defined. Air
Oxedlent writer upon the subjeot has said, "It , is
bounded by a liute—altubioon—on one elde of whioh 1
(hese: is the servant of the State, on the other a;
traitor and a rebel." Lord Coke made of Insane I
persons four classes, whom ho thus described: '',
'first. An Idiot, who, fromhis nativity, by a ,
perpetual infirmity, II note tempos. . i
Second. Ile that, by sloknessi grief, ,or otlllr,
accident, losoth his memoryand understanding.; ,
Third. A lurked° that sometimes bath his tile
&retarding no sometimes not.
yeutah. He that, by bin own vidone not, foi a
time .deprivoth himself of his memory and th
derstanding, as he that Is drunken.
To those enumerations of the forms of men 1
unsoundness there have been manyobjeotions and
as there are more oases excluded by than inoludtti
In them:
• The Poet judicial' doctrine was that made by tle
Matthew Halo, who divided insanity into total all
partial—total Insanity being
. alone permitted o
confer irresponsibility for crime. This tote I - -
sanity be declared to ho ,‘ a defect in the tintless
standing, unequieosal and Mein, not the more ii,..e
pulse of passion, or of We, frantic humor, or tits
mountable mode of action, but an abeolu to &tape •
session of the free and natural agency of the huniM
mind: The doctrine that irresponsibility can i
only be permitted to a parson laboring under totli
deprivation of memory and understanding w ,
however, refuted for the first time in Haack s
ease, in 1800, lie was tried. for treason foe shoo
ing at King George III; in Drury Lane Theat
The 01180 is fully reported in 27 Howell's Eta
Triale, 1221. Tho delusive was insanity, He h
been a soldier, and had reeoived severe wounds
battle, and was dismissed from the, army-on •
covet et insanity or partial derangement broug I
on by these wounds. I will road the statement f
this cane, oontainid in Doan's Bleakest Jai**
donee, p. 531.• Ito was aftoiwards subjoet to sit
annual insanity, front the beginning of spring
the end of dog days, When affected by the d
order, be imagined himself hold' intemeur
with God, sometimes calling himself God, or.festSr
Christ, and other blasphemous expressions, cone'
milting acts of the greatest extravaganee ; but*
other times appearing rational, and discovering tpf
symptoms of mental incapacity or disorder. ,T I,e:
offence was committed on the 15th of May,'
the 11th 'of May next preceding, his mindir
very much disordered, and he used 'many. Ida f 4
phomous expressions. At two o'clock A.... 14,04 1
the following morning, ho jumped suddenly oat,
11,
bed, said he was about to dash out against;* .
bedpost the brains of his little son, about eig t
'Pure old, of whom he was remarkably fond; aii
;that God had ordered him to -do pp. On the sa sh
'
t,
and the following day, he , und . many in •, heront and blasphemous expressions. On e
morning of the 15th he was worse,
webt,
to his mastor'e workshop, returned to dinner, '
at two,
but said ho stood in no need of moat, sad
could lave without it. lii the evening, after to.
pouting his irreligious expressions, lie went tut
and repaired to the theatre. lie sat there needy
three-quartere of an hour, When the king entered,
As the audience roes up to receive him. Ito gat ap
above the rest, and preeenting a pistol loaded with
slugs, livid it at the king's person, and then Wilt
drop. His situation was favorable, and ho book
deliberate aint at the king. When apprehended
Ito wild he know perfectly well his life was Iv.
felted, that he was tired of life, and regretted
nothing but the fate of a woman who was his wife;
amt would be his wife A few days longer, he Ow
posed. He spoke calmly, and without any apparent
derangement; said he did not intend anything
against the life of the kink, that he know *heat,
tempt, only would answer his purpose, repealed
ve t h n it osw h n e tiox ivit or :
sil tir r el tibi l ly f r l i i i f ri e oo , au at t l 1 11 :li e t : h r i ese s : i t ) r.f l tt ..i : tt cr cn : 7l, l 44ro t t, , t" : ,
beer directly upon the eubjeet of &mil'
with a felicity of exprern peculiarly hie '"'"
.1 .51
exhibiteil,le_ hold relief nua-eee,ll,e, l a me "
liremincnt feafttive., T 1 groundshormaL 3 en
forted, and in which the court acquiesce' .Iwere
eubstantially—
First. That it is.the reason of man whit% mikes
him accountable for his actions, and that the de
privation of reason acquits him of crime.
Second. That It is unnecessary. that reason
should bo entirely subverted, or driven from her
seat, but that It is sufficient If distraction sits down
upon it along with her ' holds her trembling hand
upon' it, and frightens her from her propriety.
Third. That the law trill not inetuture the sites
of mono oapaeltles so as they bo rotopos inentisj
Fourth. That there Is a difference between idyll
anti criminal respongibility ; that a man affeetel
by insanity is responsible for hie criminal acts
where ho is not for his civil.
2.7 . /i/i. That a total deprivation of memory and
understanding is not required to constitute is•
sanity.
Sixth. That.then, new and all important gronndt,
that the individual le irresponsible whore the in.
sanity consists in intiliteination, where the disease
springs directly from the delusive 03111 neg of
thought, and all thoiedaductions, within the scope
of the malady, aro founded upon the immovable
assumption of matters as realities. either without
any foundation whatever, or so distorted and dis•
figured by fancy as to be almost nearly the same
thing as their creation.
Seventh. That the not complained of, and sought
to be avoided, mutt he the immediate unqualified
offspring of the disease.
The next cuss ieltolitnoam'e ease, which hap"
paned in 1812. This Dam is to be found in OaHin
ton on Lunaoy, 850. He wan tried for the murder
of the Prime Minister, Spanner Percival. 801.
!Ingham labored under many delusions, lle
believed that hie own private grievances were
notional wrongs, and that by assassinating the
Prime Minister, his affairs would then be brought
before the country, and justice would be done.
Under the influence of these delusions bo sl,ot. the
Minister *
• Lord Mansfield charged the inry, that the sin
gle question for them to determine was, whether,
when be committed the offence charged upon him,
be had suffieient understanding to distinguish
good front evil, right from wrong, and that murder
wee a orime not Only against the law of God, but
against the law of his country. •
From this case the toot was adopted which has
always ,been the mein ono—often the only
ono—that marks the lino between sanity and
vanitsr_reimensibility or irresponeibility. This
test IS the existence of the power to distinguish be•
twoen good and evil, right front w'rong.' Mr. Chitty,
in Chitty's Medical Jurisprudence ' 354, says : "In
predict:, to prevent the jury being embarrassed by
any technicalities respecting the Import of this
term "insane," the substantial question presented
to the jury in this and all cases of alleged Idiocy,
lunaoy, or insanity, either in. general or mono
mania, (that Is delusion confined to a particular
subject ' ) is whether at the time the alleged crimb
nal act wee committed the yawner teas ineapa
.ble of judging between right and earwig, and
did,not that b'now As was committing an of
fence (against the lam o f Oa and tel nett( a.
This was the test used by Lord Ilo i lhurst in
charging the jury in the' vitae of the king vs. Or
ford, 5 Bar 4; Payne, 168. Ito woo tried for the
murder of a lean Darned Chisoull— the defence
woe insanity; he acted under the delusion that all
the inhabitants of limileigh, and particularly the
deceased, were conspiring against his life; under
this belief he would frequently abuse persons in
the streetwith whom lie wing entirely tyletaillettu•
ted.' ' Aloapor was found in his pockethended "list
of Iladleigh conspirators against my •life"—the
name of Chisnoll, the murdered Mtn, was among
them.
Lord Lyndhurst charged the jury, that before
they could acquit the prisoner on the ground of in
sanity, they must be teitistied tbat,be did not know,
when ha committed the act, what the effect of it,
if fatal, would be with reference to the crime of
taunter. The question was, did he lam that he
teas committing an ogenee against the law, of
Gott and 'Vowel The prisoner Wan acquitted on
the ground of insanity.
In ereeninith's case, In 1837, Justice Patko told
the jury, that as regards the e'reot of insanity on
responsibility for crime: is merely that the
party should have sollitient knowledge and r?ct
son to discriminate between right and wrong , ..”
In Oxford's enso,9 Carrington and Payne, 525,ehiof
Justice Denman charged the jury, that the ques
tion for , them to decide was whether the prisoner
was laboring under that species of insanity which
entieflod them that ho wee quite gnawer° of the
nature, character, and consequences of the act he
wasicommitting ; or, in ether words, whether he was
under the influence of a diseased mind, and was
really unconscious, at the time he tats
1t?t? the act, it was a (rime.
In 1813 occurred the celebrated case of Mc-
Naughton. Ho was tried for killing Drummond,
and acquitted, .Ifs imagined that the deeensed
was one of his persecutors, and that it was neoce'
eery to kill him to free himself from persecution.
The deceased was a stranger to him. lie was the
secretary of Sir Robert Peel, anti was mistaken
by,the prisoner for Sir Robert. The defence was
insanity; that the prisoner was laboring under an
Imam) delusion, that ho was the victim of some
indefinite, mysterious ' and incessant persecution ;
that he was everywhere followed by enemies,
blasting hie fame; dtaturbing his peace, neottsing
him of crimes, and filling him with Intolerable in.
quietude; and, believing Sir Robert Peel to be
one of hie persecutors, ho resolved tom:rine° him.
Tke foot of the existence of the delusion was cup ,
ported by strong medical testimony—so strong that
Tindal, chief justice. having inquired of Sir \VD-
U= Follett, conducting the prosecution, if be
could control the testimony for the defence,
thought it to be his ditty to stop the owe, nod It
was submitted without argument.
There were many appearances of cool premedita.
Don about' this transaction, which exulted. public
attention. The House of Lords deliberated upon
It, and their deliberations resulted in putting vet
rine questions on the plea of insanity to the fifteen
judges I will road 1301110 of these questions, and
the answers upon whiela the whole fifteen agreed :
ilialettqa 1, Whet le the lawaespaolias alleged
esfineeeernmltted by Perilous afflieted with insane
I
. 4Blllooes, in respect of tumor more particular sub
.. tjeateler, persons.. -4111, for instance, where at the
Iffneetef the nommission of the alleged crime, the
ileartiiiiil knew he was noting contrary. to law, but
diff the Oct oomplained of with the view, milder the
I ingikenee of some insane delusion, of redressing or
'ate aging same /unwed grievance or injory, or of
i prOduoing seine Ouppoeed publle benefit..
I 4,- The opinion of the judges was, that no twith.
' iitiniiiiing the party committed a wrong act, while
laboring under the idea that he was redressing a
thitheaed grievance Or injury, or under the tin
poilefon of obtaining some public , or private bone
fit,' his true liable to punithment.
' . "Q•...it What axe the proper questions to bo sob.
:tigete -to a jury, when a person alleged to be
ted with insane, thqualon, respecting one or
more: pertionlar eithoute orpersous. is charged
with- the oommiselon of a crime, murder for ex-
Ithitist and Insanity ie cot up as a defence ?
A. The jury Quints In all Rees to be told that every
tan should be considered of sane mind until the
attOtitefil7 -were clearly proven in evidence; that
beton a plea of insanity should be allowed, un
tintailkii evidence ought to be adduced that the
elgauseeliwaa of diseased mind, and that at the time
haslet:Matted the act he was not oonselonts of right
R7lllllll, • ,
• `1144 , opinion related to every case in which a
Arty was charged whiten Illegal not, and a plea
oflitisanity was set np. Every person was supposed
tglenow,what the law was, and therefore nothing
teeth jnetify, a -wrong ant except it was clearly
ripteCthat .the ,party did not know right from
, Wronta's If that,wati not .satisfactorily proved, the
seances liable, to punishment; 4Rd,it was the
du of 4 l u dgeeo t4,,t01,/, 014 4 j4V7 R heß summing
RC clitlT dew", aceoruparde by. those retuerke
st , (detonations which the nature and peculiarl
' tied of each once might suggest and require.
l,g, 3.4.ln,what theme ought the queetion to be
I to the jury, ac to the prisoner's state of mind
w a the act wait committed ?
ts;
.• o answer was returned to this question , • .
Q. I jf a portion, nailer an insane delusion as
te'exiating•facts, commits an offence in consequence
t . . ftle be thereby excused?
4 . I - , the de/talon wore only partial, the party
[ u ! e treed, was equally liable with a person of sane
'mind. If tho nootised killed another In self-de
fiwee, he would be entitled to 44 acquittal: but if
the crime were committed for any supposed Injury.
Ire would then be liable to the punishment awarded
by the laws to his crime. •
The caeca which have occurred In Englund mince
- IdoNanabton's case are collected and commented
nn la Stophee's c 9 ulinontAiles ou the Laws of
*gland ; vol. iv., lid edition, published ten years
sifter the' decision of ' the fifteen judges in Me-
Ifilughtonta ease; and, after a very careful Omni
nation of every cave in point, this is the result:
- 7. 9 2., 'hat If a map who takes another's life appecrs
tehaveZtoton - at the time that he tear acting
orkerare to law( his being under an insane de.
lesitte that he wee thereby redressing some sup.
,pplied grievance or producing some public ponefit
Will not exempt him from the milli of murder:
nidther will he lie exempted by being under an
.(flame delusion lie to facto, provided the eupposed
feels, if teal, woulittnit have justified the net ; but
ffilt.Q 4 l 4 ° : lPrboa t heualbee t em l telby I
ayeh 114 ta i last mentioned, where lost',
tfreiii. Would'have justified the act.
-, Twilfrmistrwhat Ithave to say upon the subjects I
ot.the law of liwairity in England, from Warren's
laseketene, pribliehed inlBso,Fecond edition, page
44%.1. •,,, , . ~
• J',,,f,twalabont, this onto a favorite notion with
tame epeculativo medical gentleman that .tt if a 1
riginahoeld have been led to the perpetration of I
tbst guilty-tot by au uncontrollable Impulse, who.
titer accompanied by deliberation or not, he would
littsentitied to an acquittal as an Irresponsible,
41gitat.'? This dengerous and monstrous doctrine
ift:the itszieiistence of moral insanity with intellect
that Insanity, which strikes at the re A of personal
Safety in society, , is utterly repudiated in our
emire. of, justice. -
. ,
, repreirent Lord Chancellor (Lord Crimworth),
dia:Vng, when Baron 'Rolfe, a boy 12 years old
-for 'deliberate 'and cunning poisoning of his
ltdt gragdfather, thug annihilated such inie.
0 terns and ebsurd failitelee when they were put
lorth,th defence of the prisoner :
` *The Ivitneseee called for the defenee bad de
•.`iteribeil the prisoribr as acting from '" uncontrolla
ble impulse:” Snell evidence may tend to the
perfect justification of every crime that can bo
.„ointemitteel. What, Ss the meaning of not being
r lb% la resist moral influence'! Every crime is
r gothnittted undoran Influence of that description;
' and the object of the Ism Is to compel persons to
;Minitel these influences. If it be made an excuse
ler 4 person who has estumitted a crime, that he
,{ ' tie been goaded Into it by sumo Impulse which
ttiedionl en:ninny choose to Fay ho could not control,
runlet observe that awl a doctrine le fraught. with
very great danger to society. The jury. guided by
this enlightened dirootion, convicted the yontlaful
,murderer.
Twill now tall your attention for a. few mo
ments to the low upon this Subject, as recognised
by the courts In this oountry:
The rose of Abner llek,Pers, in 1843. reported in
7 Aletualf, p. is a very important ease, going
far:lnwards settling the law in this country . upon
subject. The prisoner wee indicted 'for the
Mader of'Cliarles Lincoln. jr., the warden of the
iltestte prison. The defence wan insanity. The
o9M±QR,„IASItt
i. l 7 of. tile LINVs.
In order to constitute a crime, a person must
have intelligence and capacity enough to have a
criminal Intent and purpose. and if his reason and
mental powers ate either FO detiolent that he has
no will, no conscience or controlling mental pow
ers, or if, through the overwhelming violence of
mental disease, his intellectual power is for the
time ohliteruted, he is not a respousihle moral
agent, and is not punishable for criminal acts.
But these are extremes easily distinguished and
not to he mistaken. The difficulty hes between
these extremes, in the eases ofpartial insanity,
where the mind may he clouded and weakened,
but not incapable of remembering,. reasoning, and
judging, or so perverted by insane delusion as to
act Under false impressions and influences, in
these eases the mile of law. as we understand it,
is this: A roan is not to be excused from responsi•
bility if he has capacity and reason sufficient to
enable hint to distinguish lictirecsn right and
wrung as to the particular act lie is then doing. a
,knowledge and conselowness that the net he ie
doing is wrong and criminal, and will sttbject him
to punishment. In enter to be responsible, he insist
hare sufficient power of memory to recollect the re
lation in which ho stands to others, and in which
others stand to Idin; that the tuft tie is doing is
contrary to the plain dictates of justice and right,
injurious to others, and a violation of the dictates
of duty. On the contrary, although he may be
laboring under partial insanity, if ho still under
stands the nature and character of his net, and its
consequences; if lie tons a knowledge that it is
tcrong awl criminal, and a mental power sufficient
to apply that knowledge to his OWII case, and to
know that if lie Aloes the act he will do wrong s t ud
receive punishment, such from
insanity is not
sufficient to exempt him from ielfonsibility for
criminal 1106.
. _
IT, then, it is proved to the satisfaction of the
jury that the mind of the accused was in a die
mood and unsound state, the question will be
whether the dlaen o existed to so high a ilogreo
that, fur the time being. it overwhohued the rea
son, consiienee, and judgment, and whether the
prisoner, in committing the homicide, acted from
an irresistible and uncontrollable impulse; if so,
010 the act was not the nor of a voluntary agent,
but the involuntary act of the body, without the
rn
courrenee of a mind directing it.
There are many other oases in thio country
whbb recognise the doctrines decided in this case,
son:o of which I de iro to cite.
air. Mann cited and commented upon Freema
vs. the People, 4 Davie, ; Iman's Medical Judie.
prufeirso, page 553; Roberts vs. the Stele,
°eosin, ; State vs. Spencer, I Zabrieka. 2OT.
Vithout citing the numerous cases that have oc
oured in many of the Staten, I will content my
self with referring only to it cage in our own
Stith. Title is tho once of the Commonwealth vs
Moiler, hied by Chief Jitetico Gibson, in this
roon. The people were hodoming itoutno upon the
subjtot of insanity, and the Chief Justito came
down hero and hell a Court of Oyer and Terminer.
to settle the law in Penn:visa:lllA upon this subject.
lie brought his groat intellect to bear upon this
subject, and the conclusions to which he arrived
are staled in hin opinion, and are tho law of Penn-
BYlveein upon this subject. Rio opinion is short,
and I trill read it, or such parts ot it 113 are por
tineat to the subject.
Mr. Motto then read from the opinion in Coin
morrsoolth on. Mosier, 4 Race
" humid not allow myself the time. nor have I the;
011sposition, to make any remarks upon the doc
trines of what le called • moral insanity.' Them
doottleas have no place, no foothold. in a court of
!Mica, The y ore per nit:lone to the bout intonate
of society. For all legal purposes, in criminal
jurlspthdence, the law Ignores their exietonce; anti
whenever they have boon advanced in criminal
trlalr.tbe jatlgos have Owens turned from them to
the clear, safe, and protective doctrines of the com
mon law.
"I think, then, gentlemen of the jury, Icon An rely
state, to you the law on this subject to he, that to
render a party irresponsible for crime the jury
must be satisfied, Orst, Hint the prisoner, at the
time of ootrunitting the act. was of iligansed miud,
and was not conscious that ho was doing a wicked
and wrong thing, and was violating the law of
(lad nail of man. 2d. That ho committed the net
not from motivos of passion and revenge, but was
inflow:lml to do it under an insane delusion, which;
if trim, would be an excuso for the crime. 2(i. If
he committed the net under ouch an Insane delu
sion, that it wes done under a firm belief of the
reality of the insane delusion. and under such oh ,
cumstsncos that denote, Chia delusion wee union
trollable and the will was overborne."
These are the principles upon which I ask you
to deolde this ease—if they be determined to be
correct by the court.
These are the principles I seek to maintain, for
upon their maintainanee, in my (minion, depend
our lives and safety. To depart from these is to
invite the commission of crime by the promise of
protection to the criminal. You, gentlemen of the
jury, aro the representatives of the many, and I
am sure you cannot prove false to the great Inter
est which the many have In your verdict.
With a fixod determination to uphold the law of
the land. turn to the evidence, and apply the low
to it. 'lke Coniinonwealth has shown ail the cit.-
cumstanees of the murder. and the prisoner, who
seeks immunity under theplea of insanity, iv
bound to sustain his plea. Ides lie done so ? line
he satisfied you as to the eomlition of his mind at
the time of committing the act ? 110 has chosen
two grip of doing tide. First, as to the evidence
of bisects, conversation, manlier, and appearance.
(4econd, by the opinions of pernneg founded upon
their observation of these things. Thirdly, by
proving his temper. disposition and eliailioter, end
that certain oceUrrenceS took place, and eeitain
infornvition was communicated to bum, with a
view Mat yon nun' infer bow for hit mind weld')
be liktly to be affected by such intelligence.
Let us consider this evidenoe in its order, and
say how far it should be permitted to influence our
minds.
First, in regard to the conversations. cots, and
declarations, lot nos refer to them as rapidly. but no
fairly as I eon.
[Hero Mr. Mann took the evidence and coin.
vatittoi um it at loustil l and thon said ;I*
Now, gentlemen, what le this bat the language
'of digress, the wail and lamentation of a high
'spirit, whose love bad been betrayed, whose eg se .
Lions had been wasted upon a 'wanton, and who
burned with indignation against those whom he
'believed responsible for Ms affiletiotur? •Lock at
his expressions, -proceeding from a poetic Anita
Is he insane beoause he had ideas such AS nom to
the mind of every dotting busbald who believed
his wife a wanton; Mark the similarity between
tho language end behnolor of Tllo.42od)Vashiostain
Smith and that of the wronged Othello. The one
says: " tiara's he that was Othello." The other r
Here's the remnant of Thoratia Washington Smith ,
The One says : My wife !• what wife ? I have no
wife. The other says : I have no wife.
Tho ono says: Farewell the thunder of the
war—the plumed troops. 'The other says: I've
done with politics forever.
This is not insanity; it is poetry 'And romance,
and quite consistent with all we know of the raja
' °neer' Character from boyhood. Now—now look at
what is said by the witnesses as to his manner., ap
pear:lnm, and behavior, and tell me if they de
scribe anything more than a man in the'eaireurity
of his distress. pin Mann then closely reviewed
' the various descriptions given of the prisoner by
the witnesses, and then proceeded.) I now pass
on the opinions given by-the witnesses as to the
insanity of the prisoner; and I say M you, that all
their °pintoes may be, true and the prisoner may
be responsible foverloio. Tho law that permits
this opinion M be given to you says that the wit
ness shall first state to so.m all the facts upon whieh
it is founded before its gives his opinion. You
have then the mesas to Judge what the opinion is
worth. No opinion is fairly before you unless the
witnesa giving it was able to recollect, and did re
oollait, and state the facts upon ithieh Ma opinion
wee %united, You observed Met Itilabie many of
them wore to reeolleet the foots, and one of the
witnessed, whose opinion will be winch relied on,
(Mr. Brinton,) stated that his opinion was founded
upon the Impressions Made upon his mind at the
time, and not upon his recollection of the facts,
though ho did say, "that his recolleotions con
firmed them" The law requires that his rem!.
leetiou should bo the foundation, not the confirm.
titian;
•et his opinion.
But, taking all this for true, how sadly does it
fail to convince ua of the irresponsible condition
of tho prisoner's mind at the time ho committed
the crime True, his health was shattered, his
mind disordered. The testimony goes so far and
there it stops; your opinion, not theirs, Is to de.
,chle this WOO ; and that is to bo founded upon all
the evidence—it is to be based upon all the nets of
tho prisoner, including that long and quiet conver
sation with his:victim, whom he called his foe—
that long and quiet conversation which no tongue
can relate but the prisoner's. Do all them opinio n s
and statements of sympathising friends remove
from your minds the terrible reality that the pri
soner was conscious of the wrong he committed,
and was actuated by wounded retch) and an Meat].
ablo thirst for vengeance.
Do these opinions, and them statements of the
facts upon which they are founded, satisfy you
that the )prisoner, when he fired the pistol at the
St. Lowrance Hotel, on the dth of November, had
not mind enough to comp.hend that ho was com
mitting murder—that Inc was doing a wrong for
whieh lie would be liable to arrest and trial? If
they do so satisfy you, how do you account for his
saying I will give myself up to none but an officer,
and submitting calmly to en officer after threaten
ing all others to stand off on the peril OR their
lives? Does not this show on his part a full know
ledge of nil his responsibilities to the law ; if se—
if the law were present in his mind, forbidding
him to kill, and he, disregarding its mandates and
its warnings, and chose to murder, then all this
evidence as to his insanity upon one subject can
not avail him.
Besides, his grievance was not a delusion—was
not a supposed grievanoe—but a sad reality. How
could,e then, be said to be insane upon that sub
ject ? lie was not laboring under a false idea that
Carter had wmnged him. lie had witnessed what
lie believed to be, fn conneotion with the statements
of his wife, the truth. now, then, can it be said he
was deluded ? This man's mind was filled with
grief. It was of such a character that he nursed
a sorrow and allowed it fo occupy' the greater part
of his thoughts. Ile was fondof talking of his
troubles, and generally did eo to his friends when
occasion offered. He was unhappy—life had lost
its chorine :or him, and, controlled by false notions
of honor, lie determined to take the life of a man
ho believed had wronged him. Is there not rea
son, reflection, judgment, and decermination in
all this
Let us look at this act in detail. After bearing
all the testimony can you say that this prisoner,
at the time he committed this murder, did not
know that he was doing an Oct that would render
him liable to arrest and punishment? If be did not
knew, what did he moan when ho said to the
crowd, "Stand off?" DM be not then know that
he bad done an net that, unexplained, would
reader him a crimfnal in all men's eyes—an act
that wee wrong. and that might endanger his own
person ? Was ho not afraid that he might be
attacked for it, and injured by those who were
around him; who would naturally be excited by
such 'conduct? Had he not the law before his
eye*? If not, why did ho Inquire for its officers,
and render himself up to them alone, without a
struggle? Did he not give away hie weapons,
fully realizing his situation. and eOnSetOlia he would
never use them again ?
tthlt n irs b itiA;;Fsrillune * i'voucd . eutier, t' aTl
anxious at the office of the alderman to make a
statement which would palliate his offence In the
eyes of the community? Woe ho not consoious of
the relation in which he stood to his own friends
and the friends , of the murdered man? Did he not
give directions to his friends In Market street, and
direct that intelligence should be sent to hissister?
Those ere all controlling facts. and when you
Allow them the weight they are entitled to have,
you will find no difficulty in deciding the; question
as to the prisoner's knowledge of right and wrong.
and that tho act was criminal, and contrary to the
liw of the land.
There is another view of this ease that I ask you
le think upon. 'This prisoner sat down by Mr.
Carter, and talked with him In a low tone for at
tenet twenty minutes, Had there been a glare in
his eye, or anything wild in his appearance or be
havior, would not Carter have noticed It? how
can you account for Carter sitting and talk
ing so long and so ineautiouely with an insane
man? Would he have smiled if ho had thought he
was talking with a lunatic, and allowed that lu
natio to draw a pistol and level it at hie heart,
without observation or opposition? There are many
things which naturally suggest themselves to your
winds, that must satisfy you that the prisoner at
this time fully comprehended his net and all its
consequences; and whether he did so or mot, la the
question you aro to decide. Even if you believe
hint to bo insane, In order to acquit you must be
lieve that his Insanity prevailed to such an extent
as rendered him unable to comprehend hie tot and
its consequences. Did he comprehend the act?
Did he know it would Subject him to punishment?
This i. the great question of the case, and you
ere solemnly to decide under your oaths and re
epomibilitice.
It is true that philosophy has taught us that in
some meamie virtue is its own reseal, and vice
its own punishment But the law of the land, in
older to protect its citizens from crime, has seen
proper to ordain that certain punishments shall be
affixed to certain edema ; this, in addition to nil
the inducements of virtue, supplying the fear of
punishment, to countervail against the helm:meld
to crime. But if the fear of punishineut is de
molished or destroyed by allowing criminals to
te.enpo under the plea of insanity, all the protection
furnished by the law is destroyed.nnd virtue is left
to be ite own toward, and the censeieueness of
having committed the fearful crime of inutder will
•
bo its only punishment.
From what I know of you. gentlemen. you will
not—you ()linnet do this thing. If your reason
and judgment. if your consciences tell you the
prieener is guilty under the law, I ant sure you
will say eo—and this is a matter to be decided by
your reason, judgment, and not by sympathy.
Were it to bo decided by sympathy alone,
long before this his prison doors would have been
opened, and he would have been allowed to depart
unpunished. .1 think I may state, withotit, doing
violeneo to my position, that I have never prose
cuted amen whom leo sincerely pitied. This pro
mutton has been in me a struggle between my
:sympathies 'and my duties ; and it is posbible
that in some in , tances my sympathies have
prevailed, and my duty not fully discharged
Them aro incidents that have been mentioned
in this trial that bring up the recollections of home,
end etir tip long forgotten feelings that ate hal
lowed. They could not be Mentioned without
causing a thrill, and cannot be dwelt upon wish - out
rendering us incompetent to dietharge our sterner
ditties Strive to forget these things. and bring your
trite mind down to the comprehension and decision
of the simple question before you Remember that
the petformanee of the highest ditties toper coin,-
try always requires a sacrifice of fueling Remem
ber thie, and do vont-duty like men who love their
etintry. its inetitutione and its 'aim In Romeo
older lied better day, the Brutus felt ell a father
could feel, yet entyett not be the es engin elm of
violated law.
Example‘, like thiA make and confirm a people
great. And lot ma close my 'ttiresr to you by re
ference to a can, which occurred a hundred years
ago in that country, from which no dot ice much
of our manhood, and all of our law. A peer of
the realm—Lawrence Earl Funks shot an humble
citizen named John Tolundon. A enintub—ion reciting
the fuclu. rigned by the Ling WWI Lis own hand,
dm ar i ug that juqiee i, au excellent virtue, and
pluming to the Mot MO. woe heated to Robert
Lord Henley, creating him Lord High Steward for
the purpo,e of the trial of Earl Forties for murder.
The lout left their house, awl went in proce,sion,
two and twb, into We:drain:der Hall. Then (ho
oommis..ion to the Lotd high Steward woe rend,
and the indictment which had boon brought by
(NO course of law. To thie the Earl pleaded, n ai l
the trial proceeded. Ile defence wan iffamity,
and much evidowo was given in rapport of it.
After rho etolea.o woe all hewn', thu Solicitor
General eotwluded en able 2..proch in there memo.
ruble word,:
" My lords, in some sense every crime proceeds
from insanity, all cruelty, all brutality, all re
venge' all injustice or insanity. There were phi
losophers in ancient times who hold this opinion
as a strict maxim of their sect ; and, my lords, the
opinion is right in philosophy but dangerous in
judicature. It may have a useful, a noble {Mill
race, to regulate the conduct of men. to control
their impotent passions, to teach them that virtue
ix the perfection of rea,m, as reason itself is the
perfection of human nature; but not to extenuate
crimes nor to excuse those punishments nhieh the
law adjudges to he their due.
"my lords, the necessity of his Majesty's justice,
the rieetity of public example, called tor thi.
prosecution ; and the effect of the whole or Weer
is submitted to the weight and is isdom of your
judgment.'
The lords then considered the en.e. and each one
being interrogated, beginning with the 3 ounge•t.
upon hia honor, answered that Earl Fcrres IP,
guilty of the felony of murder. Thereof he stood
Indicted.
The plea of insanity, when unsuetained by the
evidence, could not .rove Lawrence Earl }erre. ,
from u fclort'4 doom And in Obi free land,
where each citizen, Or the purpotte of a hint. is a
rpeer to the promltott, Anti( we break down the law
okt boo boon traneutittod to no, and allow olio*
TWO CENTS.
nal, to escape, and the greatest crimes to go nn
punished, by allowing An endue and illegal gee of
this plea? It Is for you to cheek the ?witless eon
sequences which result from such a course I ap
peal to your patriotism, to the sense of the respon
collides you owe your country Rid your Oa-
IWe regret to be oompelled to omit Mr, Thayer 's
eloquent closing speech for the prisoner, our
crowded columns precluding the possibility of Its
puldioationl
THE LATEST NEWS
BY' TELEGRAPH.
PENNSYLVANIA LEGISLATURE.
Ltastaustraa, Jaa. 15, 1853
The Senate met at II o ; elook. A. ht
The SPEALER laid before the Senate the annual
report of the veeelpte and disbursements of the
Monongahela Navigation Company % '
Also, the annual statement of the amounts of
the Philadelphia, Germantown, and Norristown
Railroad Company.
Ales, a, memorial from the Judges of the "Su
premo Court, praying the Legislature to abolish
the several districts of the Supreme Court. and fix
the aeseions forte whole Stateat some convenient
point; which was road, and,
Go motion of Mr. tivtatorea, ordered to be pale
liahed in the: Legislative Record,
The Secretary of the Commonwealth presented
a weave from the Governor, stating that be had
transmitted to the flew of:Reprellentatives the
seventh annual report of the Trustees of the State
Damage liettpitel, togethie with the 'reports of the
Seperinteedent and Treasurer of the Institution.
lir. Witartra, from the Committee on the Jedb
diciery, reported, as committed, the hip to repeal
supplement to the aet.erovidies for the election
pf District, Attereeye:
Also,
as committed, the supplement to the eat
establishiee a land office, and fur other purpates,
passed Mud 0, 1181.
Mr. BELL, from the Committee on the Judiciary,
reported, with amendment, the bill to authoress
the appointment of an additional jetties of the 1
peace for the borough of Media, Delaware
notion, which, on his otion, was immediately taken up
and paned its eeveral readings. [The amendment
of the committee is to make the offices elective in•
steed of by appointment by the Governor.
ficorteen (same) reported, with a negative
recommendation, the bill concerning proceedings
in (Lotions of ejectment.
Also, with a negative recommendation, the sup
plement to the act for the prevention of frauds and
perjuries.
Mr. Censsivete (same), with a negative recom
mendation, the bill relative to arbitrations.
Mr. ELY, from the Committee on Canals, ,ke , as
committed, the bill relative to the North Branch
extension of the Pennsylvania Canal.
Mr. Ducriaerw read in place a bill to make bet
ter provision for the punishment of frauds com
mitted by bankers, trustees, and other persons en
trusted with property, which, on his motion, was
eldercare be wetilehed in the Legislative Record.'
Me ELY, one to COUbtrliaLta eortaiwfueds for
school purposes in Newton, Bucks 0011111ty. -- .Ait.,
on leave, presented a petition on the eubject.
Adjourned till 11 o'clock on Monday morning.
ROUSE OF RBPRESENTAT --
The Mouse met at eleven o'clock.
MOM OF REPRESENTATIVES.
. . .
Mr. RUPP, member from Lehigh county, pre
sented himself at the Speaker's dash, end was
regularly sworn in. Mr. R. has been detained at .
home on account of sickness in his family.
On motion of Mr. Waxes', the House proceeded
to nominate candidates for State Treasurer.
Witeox nominated 11. S. Megrim.
Mr. McCttine nominated J. U. Benson.
Mr. LAWRENCE nominated G. W. Hammersly,
Mr. &taw nominated J. B. G. Babcock.
Mr. ABRAMS was appointed as teller on the part
of the House to act at the election.
Mr. M'CLunit moved that the House reconsider.
the vote given yesterday by which the bill pro:
viding for the purchase of ati executive mention'
was defeated ; which was agreed to—yeas 49,
nays 39.
hfr. M'Ctont then moved' that the provision
which provided for the appointment of a committee
of one from each house, to actin isonjuuetion with
the gentlemen named in the bill, be inereeted to
three members from each body; which was agreed
to, and the house want Into Committee of the
Whole for the purpose of Inserting that provision.
The report of the committee was adopted.
Mr. WILLISTON moved to postpone the whole tab,
ject for the present; which was not agreed to."
The question on the final passage of the bill again
coming up, the bill was defeated a second time, by
a tie vote, as follows:
YEAS—Mesars. Askin, Biorer, Bower, Brace,
Calhoun, Cnsiner, Christy, Dohoert. Donnelly,
(James) Donovan, Dunlap, Ebur• Ent, Evans, Gil - .
Mend, Goepp. 'lames. Hillegaa, Hirarod. Hodgson,
Rout:, Irwin, Jackman, Jenkins, Kirkpatrick,
Laymen. Lawrence, Lloyd, Lovett, McClure. Man
gle, Owen. Rupp, Smith of Cambria, Smith of
Wyoming, Spyker, Struthers, Weaver, Wells,
Westbrook, Wharton, Yearsley, and Longalier,
(tlptaker)-41.
NAYS—Messrs. Babcock, Benson, Brandt, Chase,
Dods. Garrett. Glatt, Gritratia, Ray. PlaYef•
Kincaid. M'Donald, Miller. Negler-
Niihols, gill. Nunernitcher.- Powell, Yowl/nil.
Price, Ramsdell, Ramsey. Roland, Rose, Sharp;
Shaw, Shields, Smith of Berke, Stephens, Stuart,
Turner, Veegtly, Warden, Warner, Weiler, Will,
Williams, Williston, Witmor, Wolf, and Wood
ring -4 I.
Mr. DoNovssi offered the following resolution :
Resolved, That after the expiration of the term
of the present Governor, the salary of the Oa
vernor of this Commonwealth shall be five thou
sand dollars per annum; and all laws inconsistent
herewith aro hereby repealed.
The House refused to read the resolution a sccowl
time by the following vote :
Te te--Meesra. Bruce, Danelsoo. Donnelly. J.
Donovan, Dinerod. Imbrie, Irwin. Lawman. Lloyd
McClure, Owen, Smith of Calabria, and War
ner-11.
NAYS—Mears. Abram!, Allan. Babcock, Ben
son, Blerer, Bower, Brandt, Calhoun. Chase, Chris ,
ty, Dodds. Hohnert, Dunlap, Eat, Evans, Garrett,
George, Gilliland, Hamel, flay. Hayes, Hilieges.
Hodgson, Houtz, Jenkins, Kincaid, Lawrence,
Lovett. Donald, Mangle, Miller, Negley,
Nichols. Mill, Nnnemoeher, Powell, Pownall, Price,
Ramsdell, Ramsey, Rhodes, Roland, Rose, Repp.
Sharp. Shaw, Shields, Smith of Berke, Spyket,
Stephens,
Stuart, Struthers. Voegtly. Warden.
Weaver, Weiler. Wells, Westbrook. Wharton, Wil
cox, Will, Williams, Williston, Witner, Wolf.
Woodring, Yearsley, and Longaker, (Speaker)-48.
Mr. Honosax moved that all the officers of the
House employed contrary to law be discharged,
and that the compensation now paid to them be
added to the salary of the Governor.
The House refused to read the resolution a second
time.
Mr. I. MOAN trICITCII that 5,000 copies of the 16t
of county officers be printed for the axe of men
hers. 'Not agreed to.
Mr firotTrogno offered the following reso
lotion, winch the llou,o refused to read a bCCOII,
Revolved. That the salary of the Governor be
$4,5000, and all laws inconsistentithcrewith be, and
are hereby, repealed.
Mr. GEonoE moved to re-consider the vote by
which the resolution relative to closing the halls
on the Sabbath was defeated; which was not
agreed to.
Mr. On Est, from the Committee on theJtlloiar7,
with a negative recommendation, reported a bill
relative to the location of certain lend warrants in
the counties of Clinton and Lycoming.
Mr. JENICIN4. same committee, with a negative
recommendation, a bill relating to inquisitions on
real estate
Also, one relative to agencies of foreign insu
moo cowponies.
Mr. SMITH, of Berko. same committee, a bill to
authorize the commissioners of Snyder county to
burrow money.
Mr. Mu., same, with a neptive recommenda
tion, a bill to graduate the price of lands on which
money is duo to the Commonwealth.
Alto, a bill concerning the patenting of lands.
Mr. CHASE. same, as committed, supplement to
an act providing for the collection of taxes in Con
dertpurt, Putter county.
Mr. LAWREVCF:, same, with u negative recom
mendation, supplement to the act regulating coun
ty or deputy survevors.
Mr. Witeox read in place to change the
place of holding electiona in the township of War
ren. Jefferson county.
The Secretary of the Commonwealth presented
two messages, in writing, from the tiorerner—one
enclosing the annual ~tatement of the affaht of
the Pennsylvania Lunatic Hospital, and the other
the report of the commissioners appointed to ex
amine the condition of the Bank of Pennsylva
nia, the latter of which was read. and ordered to
beiniblkhed in the Record.
The Sit: sects laid before the ifonFe the annual
report of the Philadelphia, Germantown, and Nor
ristown Railroad Company , also, a statement of
the affairs of the Monongtaiela Navigation Com
pany. Lull on the table.
Ott motion of Mr Iftt.cox, the trou-o took up
Rouse bill, No. 11. entitled "An net to incorporate
the Trdut Run Coal and Iron Company;"which
Ira read and passed finally.
Mr Nit,, moved to take up the bill confirming
the title of tho Rank of Chambersburg to certain
real estate in the city of Philadelphia.
Pending the motion,
A motion oa made that House adjourn
which WilS agreed to
Governor Parker in Harrisburg
11Amipot , rtn. Jan. 16.—Wm F Ptteker, the
Governor elect. arrived to-day. ht noon. and was
reemvett nt the earn by the committee of arrange
mentn, and eseortea to the Capital lintel. secre
tary Beige: arrived here ye3torday.
From Ktmons—The Lecomptost Conotimiloo."
ST. LOCI 4, Jon 16 —The Rim W ean learn+ that
lloneral Calhoun has returned to Leeooketon, on•
der an en•ort of United States troops. It is abo
stated that he wa4 to leave Leavennorth on Wed
ne.day last for Washington, pith the Leeoropton
Constitution, The vote upon it at the last eleetiou
io expected to arrive hero to-night
Nebraska POWs.'
iturnAYttros. lowa, Jan. Vl.—The Omaha Ne
bra.vksan of the Nth inst. eontsins on as , count of a
split in the Nebraska Legislature Twenty-ens
members of the Assembly. and eight of the 'oun
•it+. Itad gone to Florence. while the minority. of
both houses remain at Omaha, iu possession of the
journal
The Opera at Philadelphia.
Conte, January IMI —An arrangement has
at length been completed between 31.inager
of the Meanly t>f Music of thi.4 ait), an.l
Mr. 318111101, of the Philadelphia Academy. The
troupe. eornpriging La Orange, D'Angri. Itneeo.
Ft)(1111!.% and ether!, will vrfortu on the latter
stage for ten nights. opening Friday next. in
the opera of " La 13s.rhiele du
Departure of the Balite.
NSW Vona, JAn I6—The Itearrottip Bettie
sailed for Livorpool At noon to-tioy, with 5114,000
in sped'',
NOVICK to cosnirsrominuers.
Ginsvmdijobt ite.“ tax PUSS if till phase lone la
"led the Wavle( rules : ,
Every toloweeketeme raid b areozbeitkil by tbe
name et the writer. Ie miter to hum* eeu m.
The trpogisply, but one *hi et • 'beet abeeld bi
writtau upon.
We dun be myth, otelbged to gest2eesea new:.
Tanta and other States ter eoatelbutiose stiles the eat_
rent wee of the day to that yeatiostlie keilltley the
mooetee of the sarrossellag easetry, lb* laeraw et
pepelatloo, mod any hdoneetJae that win be heterestiag
to the metal reedet .
Hans I'leetlflS-41111111aderiPena
gr. Loris, Jan. 16.:.—Adviles from Renato re
lative to the recent election held in that Territory
continue of &contradictory character.
The Leavenworth Tunas of the 9th inst. lip
that the reports from different parts of the Terri
tor/ Indicate the meccas of the entire free-State
ticket, while the vote egainat the Lecomplon Con
stitution will probably exceed 15,000.
The Lawrence correspondent of the betterver,
of this city, says thetas far ae heard froro thefree-,
State party had located thirty-ens out of the forty
four ropreaentatists. and fourteen oat of nineteen
of the senators, and - the vote against the Constitu
tion is about equal to that polled at the October
election_
A gentleman, who left the Territory on the 12th,
states that it was then 'believed that the Demo
croak, Stile ticket was elected-
Terrible Skirt* at New Orb
Lest.
New Oat.ziart, San. 18.—A ridden wind storm,
accompanied by rain, prevailed in this iiebsity
yesterday afternoon, blowing nearly a harzir-ane.
Fifteen ships broke from their =wimp, and were
considerably injured. The C. S. Pennell, of Bath,
and Ellen Stewart, were badly damaged. ' -
Bernal houses were unroofed asta .Indhling3
biota down, and the lake end of the Ponchartratn
railroad was half destroyed
damage to the steamboats is istatense
&Tend loam tithe
ware News down, sod
eareral tires were lost thereby.
A nerobar or tow-bests were injured. The storm
lasted oily *bent half-on tour. • •
It is not known whether the storm ezteaded to
the GeV, thereto» sassy fears are in re
gard to its erects in that region. It is believed
Wattle Setsagot will bestow Una bar yet bees
reported; -
The• Sloetwofer lfempli .. l . wr Awestattoo of Sew
Toar., Jto 16.—Thil litcchavice Bitching
Asiociatioa, dills city; ranatica balsas as Mon
day next, with a Maud capital.
Marisa IstellAreath.
NEW Tear, ,Tan, ship ClUnbridge.
Mate from Mobile, via totally' wracked at Abaco-
The weasel was owned is Batton.
. The lateantehla MazdaJAlL
WAIRINGTOS, JSn, /6.--71 as Ea: °deans Neat
yang of the 9th last, just maredly tie Southern
mall, dates that the steimshiti Philadelphia, for
New 'Toth, was Aground on the bar at thallium a
Pontre. Two tap were at bar.
Reverted Death et Caps. T. L.Braset. V. $. A.
Sr. Loris, JUL 18.— The Beptibliess teams
that Capt. T. L. Brent, assistant quartermaster in
the United States tinny, died at Port Leenrenworth,
Kansas, on Wednesday. Capt. B. was a Virginian
by birth, and had been connected with the sGITICS
for nearly twenty years.
Delitractit. Titre at Clinton, 111.
Bzoositserox, Jon. 16.-21 destractire fire °c
anned at Clinton. Illinois, about three o'clock
this morning. ISintimated at front
$50,000 to 9000. The insurance was only par
tial. It is supposed to hate commenced by a bur
glar settinn lire to u . jeweby store, *lda be bad
-roltbed <ll2OO pre:wady:
Later frost
Nzw 0111.11 ANS, Jan." 11. 11 --r .. t irdfal of the
schooner Tallahassee from &Val, with &ilea to the
dth inst., it is stated that that port was brookaded.
A ohange in the Government had teats pia" and
the peace negotiations were progreseirgg favorably,
and hopes were entertained that the, revolution
would soon be at an end.
Acelieut.
Drsoussrrron, Conn.. Tan. 111.— The &n. D.
Dickinson was thrown - from hit wagon, and badly,
but it is hoped, not dangerously injured. Nona of
his bones were broker..
Bank Resumption.
DE72017, Jan. 15.—The rannets' and **etas
cie Bank, or this city, romped business to-day.
Markets.
New 011. SANS, Jan, 15. Cotton. —Sales of
5,000 bales to-day. The North American's news
roused greater ilrumen, and an adivenee of ;
middlings are quitted at 909/e. That sales of the
week. were 49,500 bales, and the receipts 40,000.
The decrease in the receipts are 209,000 bales at
this port: and at all the Southern ports 603.000
hales. Sugars are quoted at 4a61 o• new Mo
lasses, 17418 c. Piper active, at 44.50. Red
"Chute $l. while do, $1.15. Pork Arm. at I/13.75.
Lard, in bbls, file: Tallow,' 7a820. Coffee—Rio,
Sago ; saes • for that week, 12,000; stock in port,
89,000; receipts for the week, 3,000. Freights
Arm. Reding Exchange, lOilialoB. -
Cateszerow, Jan.' 15.—Coteay.— Salo today
1,000 bales at 10/0 for middlin fair.
Sarannall, Jae. 15.-200 bales Cotton sold to
day at flialoo for middling—an advance of ;ale.
AnGCSTA, Jan.. 15.—Cotten-300 Wes sold at
an air anee of .
,
NIX Onxxxvs, Jan. 'S.—Sales of cotton to-day
4,505 bales, ,wlth s firmer market. The Im
portant foreign advice% by the America from Hali
fax were koloisbed exclusively in extra editions of
-Ms Asseertised - Preis. Sugar firm. Flour closed
drm. Yellow corn 60 cents. Wenern seen pork
$13.25a513.50. Freights Ann. Sterling exchange
155+11106i ; exchange on New York 99/apar.
CINCINNATI, Jan. 16.—Flour to drooping; small
sales at $3.5543.70 for supsrsne. Hogs are ware
and higher, wales ati55.50514.50 ; TAW pork bas
advanced to $12.50 ; the market is a good deal ex
cited and prices unsettled.
Wistker Reports
(Per the Western Telegraph Linels Dace No 311 Chest•
nut streat..l
Sirknorf, Jan. 13.-9 A. 33.
Plate. Remarks. Tier,'
Pittsburgh—Raining 42
Buffalo-31W, henry fog, saining, wind W 40
Toledo, Cl—Cloudy. 42
Notarial C W.—Snow last night, raining now
Cincinnati, o.—Cktl4, ....
Vinesnnes. In.—Cloaay
Toronto—Raining all night, quits warm and luny.. ...
Mara/I—Cloudy, dark morning 34
Chleago—Clondy NI
Zane*title, By —Prospect of snow 33
Prairie do Cbien—Clondy 13
Fulton, lll—Cloudy M.
Springfield, 111.--Clottay 91
St Louis.—Coot, cloudy SI
Cairo, Ill.—Clear 10
Rock Island, 11l —Clear .ter
Burlington, lowa—clear 22
Dubuque, lowa—Cloudy 9..
3lllseankes--Cloody. anew ins *lightly 10
Portage City—Cloudy. wind li. IT M
Pond du Lac. Wis.—Cloudy
Cloroland—Raining f. 03
Indianapolis—Cloudy and cool
GENERAL NEWS.
In Europe there is a somewhat extended se
cret order called the Brotherhood of the Seven
Wipe Men. So far as divulged, it is understood
that the principles of the order are liberal. Its
objects are the promotion of the freedom of all
mankind, the improvement of morals. "and the
support and relief of distrelsed members. The
Wise Men claim that their order was established
fire hundred years before the birth of Christ; the
brotherhood, however. has not made much noise in
the world. It has for some years been established
in the United States, and tinder a charter from the
Supreme Conclave of the United States a subordi-
nate conclave has been formed in Now York,ealled
the Franklin Conclave.
Wm. Comstock, the crazy wretch, who mar.
Strad his father and mother in Hamilton. N. Y.,
on Sunday week, says that during his bloody
work, the family dog who was in the room, several
times attacked him ; tbat be tried to kill the ani
mal and get heart, bat was foiled in his at
tempts. After be lay down, the dog at all night
watching by his lifeless mistress. During the
whole examination of the bodies on the inquest,
this faithful animal remained under the bed - , and
could not be removed from the room.
Dates from Havana to the Sth instant bare
been received. The Captain General had imued a
decree organising an exchange for merchants, and
giving them a set of laws under which they may
meet to transact business Bath Signor Amodio
and Mignon were announced to appear in the
opera -11 Trovatore" on thenth. which would sown
to contradict the story of the former being down
with yellow fever. •
It is stated that James J. Lawn, Esq.,' died
in Washington city. on Friday last, while on a
brief ri.it there. having left Baltimore only on
Thuralay. Mr. Lawn was a successfal produce
merchant on Howard street, and at the time of hie
death was the President of the Democratic City
Convention of Baltimore. and a State director in
the Baltimore and Ohio Railroad Company.
A man, named Anderson, was killedja
Fleiningbarg. i y . a few daps since, by a ball
from a gun in the hands et dohn Glover 'They
were both friends, and were joking each other enttl
they got to angry words. when Glover aimed hie
gun and fired. from the effects of which Anders,. n
died the next day
We learn front the 'Sew Orleans Bulletin
that a subscription has been opened in that ei ty for
the purpose of presenting to Cotrubodorc Parddinz
a sword of honor, and to the ofacerA and crew of
the frigate Wabash a gag, as an evidence of tha
approval of their acts by thew) who sobwribe.
lir. Smith, the proprietor of the Sea View
House, whom Donnelly. who wt.! executed at Mon
mouth, mentioned in hi. PPet,tl en the sta.S.,l3 on
Friday week, has raised an action against the New
York
and Titni , fur libel contained in their
report of that speech.
A young man, named Edward Picater, at
tempted suicide in New virlean, a few days
by shooting him.elf in the mouth, because a y.mng
German girl refused to accept bis offers cf des,-
tine. ft is said he is so belly wounded that he
cannot recover
On Thursday forenoon, Jonathan Hallowell,
twenty-six years of age, committed suicide at Ina
father'' house et the • 'Navy Yard." Dracut. (Miss; 1
by cutting hi throat with a razor el aut. de
pression of spirits. produced by health The
deceased has * wife in Rhode Island
It is stated that Mr. Russel, of 110., agent
of Majors, Ru.el, t Co , has ek=ed a contract u itti
the 'war It.psrtvient for the transportation of
supplies to ['tab (or $1,70 0 ,000
A. few days since a hog was killed at henry
Sherhahn's hotel. in `ount Joy, Lancaster county,
Pa., which weighed 01211. a. cleaned.
Esther Leopold has recoTered, in the New
York e 'art of Vommon Pleas. 59 Di a) Item Morris
Meyer, a breach of promise.
Tyre' y men of Gen. Walker': force attired
at New on Friday evening. Irene Norfolk. in
the steamer Jame-town.
Brooks Williams, of Georgetown, t rothi-r
of Ma lame 13..K1iv,. wilt. it i 3 -ail. be apivititikt
cotto , A at Hegel.
Ntra.Tlarrison, the Wife of Col. Harrison,
StattA coroul at Kinil(o3, 4,Lti
there late;.