8 WINNEHOXtE. The Appeal (o Governor Geary in His Behalf. His Strango Religious Belief. Be Is a Firm Believer in Spiritualism and Mental Alchemy lie leaves Ills Own Body and Wanders About the larth-Uc Sees Millions or Spirits In Uniform, Like anArmy-HisSpIritu. alistlc Kclations with Mrs.Ma gllton. Ki. Kto.i JCt.f Ktc. Et. The pullio mind was pained as well as astonished, when the interview of the Sheriff's officers with George W. Winnemore, now under sentence f death for the murder of Mrs. Dorcas Magilton, revealed the fact that he had refused to receive a minister of the Gospel in his cell, and was determined to per sist in that course until his fate was sealed upon the BcaiTold. Being anxious that a man in his peculiar and unfortunate situation should not he misunderstood or misrepre sented, we recently communicated with him, through Damon Y. Kilgore, Esq., one of his counsel, and found that he was quite willing to grant an interview for the purpose of making known his views upon this subject. Yesterday afternoon, therefore, in company with Mr. Kilgore, we waited upon the prisoner in his cell. An Interview with tlic Prisoner. We found the unfortunate man quite cheer ful, and willing to answer every question that We desired to put to him. lie was attired plainly and coarsely, but was by no means slovenly or unclean in his appearance. He wore a loose cotton shirt, the sleeves of which were turned up to his elbows; and his panta loons were of a greyish material, such as is furnished by the prison authorities. These two garments constituted the whole of his outfit, his feet and neck being bare. His health, we understood from his counsel, has not been very good for some time past; and to this cause, in part, was owing the sickly pallor which marked his countenance. The cell in which he is confined is on one of the corridors of the third floor of the County Prison; and in view of a recent statement by a con temporary, that this floor was entirely unoccupied, we were somewhat surprised to find not only that Winnemore's quarters were In the untenanted portion of the building, but that every cell on the floor was full, Beveral of them even containing three or four prisoners each. The room was very meanly furnished. On the floor, to the left of the door as we entered, was a Bimple pallet, on which the prisoner sleeps. Opposite this stood a Bmall, rickety table; and these two articles, with a single chair, constituted the only furniture in the apartment. On the stand lay a package cf foolscap paper, on which the prisoner was engaged in writing with a pencil. A single volume, the title of which we did not notice, Was the only reading matter in the place. The interview lasted about an hour, during the whole of which Winnemore conversed with entire freedom and with much ease, al though he now and then hesitated while hunt ing up a word to express his meaning clearly. Ilia language was far from being grammatical at all times, in apology for which lie stated to us that he had enjoyed but little opportunity for acquiring an education. His attendance at school had been limited to a single year, and what knowledge he possessed he said he had -nicked ut in the world as he went along. Winnemore is now engaged in preparing a sketch of his past life for Mr. Kilgore. lie has no hope or expectation of living beyond the present month, and for this reason he will doubtless tell the whole truth, as far as he has knowledge of it. We were permitted to glance over this cunous literary production, aud In answer to a couple of our own questions, ex traots were read from it. The greater portion of the conoludmg paragraph or tne conversa tion detailed below is from this source. After greeting the prisoner, the followlug con vpreution ensued: Question. We have tome down to learn from you something in reference to your religious belief. It has been stated quite publicly that you do not wish the services of any clergyman, and that fact has prejudiced the minds of a great many against you. Answer. I was aware of that when I refused a clersrjman. I knew it would be bo; I was con fldent of It. I did not wish to misrepresent myself before the public by asking a clergy- oiud, ween i Knew mat ne cuuiu not uu me any good. Q. But the people do not understand that. A. Not all. My reason for not wishing a clergyman in my cell Is on accoint ot my own miud. II is prrseoce would have a strong tcn . dency to disturb my mind, lor I feel confident that I know as much of the spirit-world as they do. I have been there often while living upon this earth. They could tell me that there was such a world, but I know there is, b ecauae I have been there. It would not make me doubt the existence of such a world, if every body should deny it, for I would not doubt what my eyes have wen and what my heart believes. I have no enmity, whatever, against any member of the profession; I have no bard feelings against aDy one. Q. In cuse you should allow a clergyman an opportunity to converse with you on religious matters, could he shake your belief? A. No, sir. He could not make me doubt In the belief of what I have seen. The conversa tion would create a disturbance in my mind, but it would not make me ud happy. The subject of the conversation I would be contiuually dwell ing upon, and if he had not talked to me my mind would have remained in another channel. At this point several questions were put to the prisoner concerning his belief In a God, which elicited the response that he believed In "the Cod of the Bible, an all-wise Power.an all-seelntr, infinite Spirit." He assured us that he was far from being an atheist. His views on this point were further dincuBsed, and at last be summed up his meaning by sayluir that "he believed that the spirits of all men are parts of the Deity, that (Jod is the author of all of them, and that there is a part of divinity in every human beinir." Q Do you believe that God will reward every Hood action and punish every wrong aud wicked "JL I do. I believe in a future state of rewards and'punishthenU for the deeds done by us in the body. I believe that we will be punished as fans wp have frullt. Q. Do you believe that our spirits in the future WWia l?iU Pc puxgcu Wviu vucu guut ujr yuuieu THE DAILY- EVENING TELEGRAPH PHILADELPHIA, THURSDAY. ment, and that our punishment will not be eternal? A. 1 believe it will not be eternal. It will be in our power to purify ourselves. As long as a human betne in the future state baa i a disposi tion to sin, to long will be be punched. As long as he clings to his sin. bis punishment will last. As I have said before, it remains with himself to purifv himself. , , ,,, Q. You mean, then, that if he will renounce his sin and free himself from it, ho will be free irom further punishment ? A. That is my idea. Q. Do you believe that by renouncing his sin in the future world, the spirit is relieved from its punishment through the merit of that re nunciation? A. Not immediately. Q. l)o you believe that H will be through the mediation of our Haviour ? A. 1 believe that every man will suffer lor deeds done in the body, whether he has know ledge ot Jesus or not. If a man repents of his sins in this world, he will not be punished in the next. I do not mean to say that a man who repents of his sins in this world will not sutler by being deprived of happiness which he might have had had he not sinned. Q. Do you believe, then, that there was such a being as our Saviour ? A. I do. I believe that He was a human bcincr, the same as all of us, and that He was highly inspired. I also believe that He suffered and died, as is recorded in the Bible; but I do not believe that because ne suffered and died we can go on tinning, and appropriate the merits of His sufferings and death to wipe away our Bins. I believe, on the other hand, that we must bear the consequences of all our sins, notwithstand ing His sufferings and death. Q. You believe, then, that our Saviour suffered for Ills goodness ? A. I do. His life was a rebuke to all about Him, because He was so pure. Q. Do you believe in prayer ? A. I do. Q. Da you pray much? A. A great deal. I am almost constantly in prayer. Q. Are you a Spiritualist ? A. I am. Q. Are you what is called a med ium ? A. I am, and have been ever since my child hood. Q. Did you ever see spirits? A. I have seen them ever since I was a child, but could not understand anything about theoi until late years. I have also heard spirit voice?. I have heard an audible spirit-voice while you have been talking to mc to-day. '' Q. Have you ever seen any particular spirits whomyou knew in life? A. Yes; I have seen my father and mother, an uncle who had been dead a long while, and other spirits which were strangers to me.' Q. Have you ever been entranced by spirits so thoroughly that you were entirely unconscious? A. Many times. Q. Did you know, after coming to your nor mal condition, what you had said and done while in that state? A. 1 did not know a word that was said or done, and 1 did not even know that I had been under their control. Sometimes the trauces come upon me gradually, and sometimes in a moment. I was willing to go under their influ ences, but their termination would not be sub ject to my will, because 1 was unconscious. I have not had the power to put myself into these trances wilfully or for mere sport. When I have been lyine down or sitting still I have found myselt going off, and 1 would yield to it. When studying about something else I have also found my spirit wanderini? out of my body, without the agency of another spirit, and then my consciousnc-s has been retained, and on my return l nave seen my Doay sitting in tne chair where mv sDirit left U. At these times I have bee,n as conscious of everything as I am now. juy Douy wouia De unconscious, dui my spirit would have life and consciousness. Q. Can vou now remember that you have ever seen your body apart from your spirit while you I have been in this condition? A. 1 have been sitting auietly when 1 have gone into this state, and distinctly remember seeing my body Bitting in the chair. I have seen myself go out of my body. I can relate one inci dent. 1 started out to Camp Uaclwaiader one day to see some friends who were in camp there. I had been impressed to stop at the house of a test medium, who lived on Vine street, but did not wish to do so. I went to the camp, instead, and there, after peeing a couple ot my soldier friends, sat down in the sergeant's room, with my head resting on my arm. l then saw myself leave my body, come up to this city, pass cer tain houses wnere I was acquainted, enter the house of the test medium, remain there before him a moment, and then return to the camp, where I saw my body in the position I left it. and entered into it. vvnue in this state i never feared that I might not get back into my body again, i couia reason aDout things lust as l cau now. My mind travelled with me in that state, aud I have talked to my body while I was out side of it. At these times I am under the control of a superior spirit, and am conscious of all that is going on about me; but when a spirit takes possession of my body I am unconscious. Q. Is it your spirit that travels, or is it your imagination? A. There is no imagination about It. I have had too many pood tests. I once started for Port lUley, in Kansas, going from there to Lon don, and was back again in fifteen minutes. I described a family of children, and the color oi a certain house in the latter place. At another time I went to Boston, and this was proven. A gentlemau who had heard of my powers came to me and told me that something was trauBpi rmg in a certain house in a certain city, but did not tell me whether it was in the United States, or not. I told him I would look into it, and 6oon I felt that my spirit was leaving my body. I fled to Boston, where I came up to a frame house painted white. On my return I told how far the house stood Irom the pavement. Q. When your spirit is wandering, will your impressions be as strong, or stronger than they are when you are dreaming? A. Dreaming, to me, is mere imagination, and dies away. I have never had the nightmare in my life, Q. Have you not feared that this power of leaving your body would sometime produce a ueranqement oi your mina r A. I have no fear of that at all. I believe that a person's mind can be deranged by drink ing, and also that insanity is otten hereditary. 0. Suppose we were to tell you that we had visited heaven, and had conversod with the dis embodied spirits there, and from there went through all the universe, would you believe that we were deranged, or not? A. If I had any doubt, I would follow you; I would have gone the same road; I know! could. The attraction that drew you from your body could draw me frommine. Q. Do you believe in sin ? A. I do. and think it is the result of a man's own volition, sometimes induced by a superior Bpirit. I think this world is full of eood aud evil spirits, and many a man is punished by the latter. y. do you believe in a state oi luturw jjuuisu ment? A. I do. O. How can you believe it, when a man's evil actions have been induced by a superior spirit? A. He is punished because ho gives, way to them. Q. Do you think a man can sin in a future world ? A. When a man leaves this body, he generally takes the name moral character that he had before death, and I thluk he will be able to sin or not, in the future world. His sinning then will be the result of big own will, th same as it is in this world. When a man dies, he "Continues in the same moral coudliion as before; but there are chances ot progress and improvement. Q. While the spirit is out of the body, has it power to perform any act? ,4. Not unless controlled by some other spirit. But generally another spirit' cannot enter into the body unless its own spirit gives it up to it. Q. Do you believe in meamertsm? ,-io.l 1 Vlve uever tee mesmerised in my hi: there is no man in the United rttatea that can mesraerle me. because I will not yield my will to bun. I am a mesmerlser mv8lf and have had considerable practise in psychology and mental alchemy. I received a certificate to ractiso It in any town in the United btfttei from rrofeofior Bazet. The power to mesmerise can be imparted by instruction. O. Now, in regard to Mrs. Masjlltou; how long had yon known her? A. I became acquainted with her in Septem ber, 18i5, after my return home from the war. I was invited to go to her house by a eouple of friends. We went to have a circle. Mrs. Ma gilton invited me to come again. Q. Was she a medium ? A. She was a healing medium, and a speak ing medium, but she always spoke In a language no one could understand. (She painted pictures which, she said, represented diseases of several kinds, aud the plants which cured them, She also painted a picture repre senting Pharaoh and his host swallowed up in the Bed Sea. Q. Did she ever put you to sleep, or into an unconscious state? A, She put me to Bleep many times. There is one way of mesmerising, and another way ot putting a person to sleep. When this woman put mo to Bleep, it was the spirits working through her. She controlled me by the Bplrlts that controlled her. I don't think it, I know it. Q. Did vou ever see any of the spirits which controlled Mrs. Magilton ? A. Yes: it looked as though there were mil lions of them. One evening they came into the room where we were and commenced to talk, as though it was filled with them. I never Baw the like of it beiore. She called them Arabs and Chinese, but they did not look" like them, nor like any pictures of men that I have ever seen. They were dressed in uniform li ke an army. They had a large white band, about tour inches wide, tied around their heads to keep their hair back. They wore white shirts and blue breeches. They had at their side large scimetars about three let long, which were curved like a cheese knife. They carried long spears in their hands. Mrs. Mngilton claimed that she was under the influence of these spirits, and when she did so I saw them. Q. What effect did the pictures she painted have upon you ? A. I cannot express the feelings I bad. First they made mc shudder, and cold chills ran all through me. I felt as though I could get up and tear them all to pieces. She had painted two hundred of them, and professed to do it by the contBol of these spirits. The pictures re presented different diseases, and the plmts which cured them. As soon as I looked at them I felt very strange and wild. At times I would leave her house on account of them, and sometimes I would leave other houses when I saw them. There were times when I could go Into a house where they were and not feel their influence until I looked at them. At other times, the mere thought of them would make me feel bad, and I could tell that they were in the house without seeing them. If any person tried to hold me, I wanted to fight, and felt m though I could knock them down. I was conscious ntthe time, but could not control my feelings. These pictures would not affect me so much sometimes, especially when two certaiu persons (we omit their names) were present. These two persons were at a great many circles at Mrs. Magilton's house; I very seldom attended a cir cle without one or both of them being present. At one time I was at a house where 1 knew there were some ot the pictures. I did not see them, but knew they were in the room. There was a three-cornered stand, filled with little relics, io the room, and I felt like kicking it to pieces. I left the house on this account. Q. You said that Mrs. Magilton often put you to sleep? A. Yes; she was a very powerful raagnetiser, and often placed me in an uncouscious state. Animal magnetism is not performed by spirits, but through electricity of the person's own body. Mrs. Magilton was alo a very good healing medium, and I have been cured of a great many nervous complaints while in her house. The influences that surrounded her were very BNcient ones. Q. Since the reading of your death-warrant have you had any hard feeling towards any one? A. I have had no nnkind feelings to wards any body. Since that time I have felt happier and more contented than ever in my life. Those I loved on this earth have come back to me and controlled me very often. I have in my cell been able to see those I love arouud me. They did not weep or look discouraged, tor they knew 1 would soon be with them, and are waiting to waft me to my mansion above. I have Been my own ' home, where I will be in a few days, there to be in company with those whom I loved ou earth, and with some I never saw on earth, who have kept me and surrounded me with their bright Influences. While I had no friends here at one time, I had plenty ot invisible ones visible to me, but not to all. I do not leave this world friendless. The Appeal to the Governor. The following appeal to Governor Geary on behalf of Winnemore, is now first made public: Commonwealth of Pennsylvania vs. G'Orge W. W innemore, convicted of murder and uuder sen tence of death. To his Excellency John W. Geary, Governor of Penn sylvania, The undersigned, counsel for the above named prisoner, would moat respectlully and ear nestly submit to tbe consideration of the Governor tbe following appeal on behalf of tbe said prisoner, against life execution of tbe sentence ot death already pronounced in the cone, and would beg his Excellency's moat careful consideration of the rea sons, herewith submitted, why he should withhold his signature from the deuth-warranl of the said pri soner. We desire to say, at tbe outset, without In the slightest dgr-e impugning the motives or conduct of 1 tie prosecuting officer ot the Commonwealth, who, doubtless, felt. hiuiBelf urged by high considerations 01 duty In pressing lor wind bo rapidly the trial ot tbe prisoner, aud, with tbe profoundest respect aud esteem prolesslonally and personally, for the court and Jury beiore whom he was tried, that we are thoroughly, painfully convinced that tbe haste with which Hie prisoner was arraigned and put upon his trial after his arrest, not only operated gretlytohls all-advantage In tbe prepurutiou and conduct of his detente, hut has resulted lu actual injustice to him. For we cannot refrain irom saylug, uuder all tbe re sponsibilities devolving upon us as citizens aud as officers ot tbe law, and after the maturest delibera tion and consideration of the whole cose, that on the fata) 26lh of April, when Dorcas Magilton met death by violence, the prisoner, George W. Wluuemore, whether bis hands actually perpetrated that violence or not, was Irresponsible tor his acts by reasuu of ituamty. Of this we beg to assure you that we, at least, are thoroughly convinced, and this conviction will not let us rest from any and every rightful en deavor to save the prisoner's ilfe. It is not merely ou tbe ground ot mercy, bu. rather that ot Justice, that this appeal Is made For though we mav admit tbe utlllly.and necessity even, of executing tbe ex treme penalty of tbe law In the case of the wlllul murderer, still tae conviction la irresistible that such penalty Is useful only because it Is Juat. And Burely no argument is retiulred to convince the candid uilud that to bold the insane to all responsibilities of a penal case would be to superadd the grossest Injustice IV HIV UlunkLUIIUIBU juuy. We Bay, then, that George W.WIonemore should be saved from tbe extreme penally of the law pro nounced agalnbl him, because, owing to diseane of the brain, or its funcllou, his mental condition was such at the tin e the homicide in question transpired at to render him lrrexponslble for his acts. If your Ex cellency were convinced, as we are, that sucu is the truth, we have no doubt that you would exercise your otlicial power in such a way us to save the life ot this most unfortunate man. We desire, therefore, s briefly as possible, to calf your attention to the law and the evidence noon wliu h our convictions are baned. George W. Winne more was proved to have bi-en au epileptic from early chlldhooa (tbe age of three years) up to the verv time of bla trial, having ueen at 0nC6 during the course of the trial by this disease. A. witness with whom th prisoner lived lour years, from 1M2 to 1H56, Mrs. Patience Wil son, tesnlied that be would have as many as thirty or tony of these ills in twenty-fours: that when he had tbetespells they would lost him two or three weeks: that he complained very niucli 01 pain In his lure head at these times: that he bail the-e spoils two or three times In a year; the attacks cauie on suddenly; he tried to bile those who cam near him, and they were yery trleudiy. hhe fays of his conduct and disposition that he was mild, klud. and (senile, and vn v MitmjMilht li.: We have also tbe lestenuny of his mother, osanna Winnemore, and of his brother, Henry G. W lnnemore, and of his sister Mary Wlune liiore. all showing that lie was a victim ot this mind destroying disease. And since the trial we have heard, by letter from the military oUlcer at Fort Dodge, Kansas, that he was discharged from the army ot the Unlied fctutee. on account of epileptic For the effects of this disease upon tbe mind, both during the paroxysms of the attack and durlug the Intervals between them, we would respectfully reler to the Ustimonv given upon the trial hy tbe follow lnK ??Lr,.imAedLcul, ?h"euien-Dr. Weir Jlltcbell, '' "Si Al "h. lr. Beth Pancoast, and Dr. Uury.?'iii,i flK Physicians of high standing and respectability, all of whom reoonUBd epilepsy as urvdurlug cauy of Insanity, and some as a form of auTboriiies:- to ll" '""owing medico-legal Wharlon 4 Btllle's Medical Jurisprudence," Book I, sections MS to 148 Inclusive, with tbe notes, wherein. amoHg other things said, the following language Is 'Epileptics, from their nervous susceptibility and their tendency to meulal alienation, should be re garded with peculiar tenderaw by those to whom is (viWDlUd Ui MlwInleUaUvM til pubiM) Juetic. Hvt SXr&PiJfVLfl TEE ve, exclude wnirn wnuia secure at east a rmtl-nt '.nveW it Ion of the question of moral rmnonsii.tmi " . . vest Igstlons, conducted bZ UnL?nl and great opportunities of obieJvath t?Xlf Clt.y the conclusion that nn4T $?ZJej "in irii rnrn timt Mnnt.. prnerm mental protrratton, but anbmniiei n thl .!!-. moral and intrllectual tylem. And iliVlLi. malady sometime co-exTsuTsVith "rea tXSlfEJ1' yet the patient retains, not onii f J!iV '"i."1?? nc- but for an Indefinite period afterward, h 7 r , perfect one ol his laculties,"' ""rwlkrai but an I in 'In epilepsy, according to Brland, moral Itbrttv Is entirely suspended during the attacks? a o IYi.i who commit, a homicide during tihKh tPofPh S disease has had bo criminal Intenthm, "no the?efe cannot Incur responsibility. It U also unjust Ttbrow npon Persons .thus affected all the responsibility of a in ns which they may comm immediately before'lt 1 rafter an attack; for authors are agreed In think iii tl at, whether tbese attacks occur frequently or rare.iT the mind never fully recovers all Us power." "The higher grades of the disease, where it Is of long stand ing, and where the attacks occur at brief Intervals castadntibt upon tbe physical requirements of re-' sponslbillty. even where nothing is observed whirh expressly cbaracterlr.es an aberration ot the mental iucuiiies. "It Is not advisable to execute a sentence of punish ment upon an eplleptio without bavins submitted the case to the examination of duly authorized iorensio pn.vsicinn. "Plainer dpnles the responsibility of any eplleptio whatever, Clarui maintains the following proposi tions: "1. AH actions and omissions wblcb take place during the paroxysm 01 epilepsy are neither valid nor tlie suhlecls of resnonslbilltv. "2. When the attack of babltual epilepsy Is suc ceeded bv. or alternates with, a state of mania or Im becility, all responsibility Is at an end, even where in is miter state is out transitory, oecause no nnman InslL'ht or exnerlence can decide with certainty whether the paMent, at that particular Instant, waa In an entirely sane condition. ''3. Swooning heaviness of the head, weakness of memory, restlessness, enhanced irritability, etc., which precede or follow tbe attack, destroy as well the responsibility as the validity of acts committed curing ineir continuance. - "4. Where It Is capable of proof that the epileptics, In the Intervals of their attacks, betray symptoms of malice and ontuseness, Justice aemanos that their faults should be regarded as effects of tbe disease, and that they should be held responsible tor acts com mitted In an ebullition of rage or other passion, while such condition should operate In mitigation where the crime presupposes forecast and reduction. "5, Where the signs of an altered state of mind are wanting both before and after tbe attacks, the possi bility still reranln;thnt tbese slg nsjcontiuue undetected necause 01 their minuteness, and mat patients or this description are less able to resist sudden impulses than persons In good health; which would suggest a mitigation of punishment for actions of vloleut pas sion, nut not ior tnose invotvin reuecuon. "6. All those propositions only apply to Idiopathic and habitual euileusv." A font-note on page 147 of "Wharton & Btllle's Medical Jurisprudence" gives an extract from por tions ol 'Delassanre on Epilepsy,' to which we would call particular attention, especially to the following woros: "Independently of a full appreciation of the disease 11 linrii. nuu lui uiciiini uuunnjunuvcu. lilt? tr ci ir cannot examine too carefully the circumstances which attend mecrlme, tbe form under which It is ac complished, the motives which may have soverned the epileptic, his subsequent conduct, hie own plans or tieieuse, etc. we notice in almost ail the cases re ported. In the public papers and Judiciary debates, sliuiularltles ot expression and stranice details, which uiuke us doubt, from the first 11 they emanated trom a sane intelligence. "With regard to the execution nf tbe deed, ordinary criminals use all due precautions against discovery. It may be the same with some individuals who have acted under the impulse of an epileptic atiack. Morn frequently, however, regardless of toe effects and the morality of their actions, they ncake but feeble efforts at concealment. There are tbosn who abandon them selves openly tn their fury, multiplying their victims without hesitation, gloating over their bodies, and, fur from being intimidated by the presence of witnesses, seem often to tiud In them a new cause for excite ment. "I hls disregard of every feeling of self-preservation, mis cumeuipi ui uuuger, ure, wueu rounn uniteu, the best Drools of the atisence ot moral linertv. 'am epilepsy,' snys Man, 'warrants, upon tbe event of a criminal act, tne suspicion ot mental disorder ' and he adds, 'this suspicion Is Increased in absence of auy sirniig personal motive.' "This epileptic susceptibility does not serve as a medium only tor evil propensities. It can of Itself call them directly Into piny, excite and foster tbe Idea of misdeed, and lead to Its latal realization. "Scenes of vlndlctiveuess and brutality, otherwise Inexplicable, arise from this cause in our asylums. "There are at times certain accessory considera tions in reference to epilepsy which may arise during tbe process of (i tudlclal trial. Dr. Julio has very wl ely observed that, certain sensorial impressions are 01 a nature, owing to the bins which they imparted to the mind, to suggest pernicious Inncles. For ex ample, the sight of bloodshed is sulllcient to create In a patient either the apprehension of criminal deslarus upon himself, or the Imagined necessity of killing others, A young man under the lulluenco of bis eplleplio fears saw a hatchet In an unaccustomed place, and supnosed It designed for his destruction, thus showing that this Instrument, to whlcb is at tached a sinister lmprosslon, hud been capable nf awakening a series ot analogous conceptions. Who Is Igno. ant of the strange effects of the Imagination; the singularities of the Imitative fuculty? Who bos not seen that tbe simple reading of a notorious criminal affair, the recital of a murder, of an incendiarism, or of a suicide, lead In predisposed organizations to Die perpetration ot the Identical deed? "Tbe necessity of more extended Information on this sttt ject becomes more pret-slng when we rellect that Instances are not wanting where Justice has visited wiih unmerited punishment those who have unhap pily yielded only to a pathological instigation. In some cuses the proofs are suflicletilly evident to admit of easy demonstration; In others, on the con trary, tbe known quantities of tbe problem are much more uncertain. It is here tiiat wisdom in the Judge should be united with lively solicitude." "A shoemaker was subject to severe epileptic fits and was often furious for a while Immediately after them; but In the Interval he was sensible, amiable, and Industrious. "One day, when in the gloomy and morose state of mind thai often foretells au attack ot epileptic fits, be met the Superintendent ol the Asylum, aud stabbed him to the heart, lie bad not bad a fit for three weeks. In such coses, as Indeed In the above case, there are often sudden and vivid temporary halluci nations." The Physology and Pathology ot.ihe Mind liy Henry Maulsby, M. , London, 1S67.' PogeKW. Ou page 873 the toilowlug lauguuee Is used: "In what Is descriued as uuum tt aiisUwUi, it some times happens that an Individual falls with great sud denness into a vloleut fury, to which, perhaps he evinces dangerous, destructive, and even homicidal tendencies. Ills face is flushed, his head hot, and there is plainly an active determination ot blood to the brain. After a short time the attack subsides, and tbe'Uiau Is himself again, scarcely conscious of w hat has happened." In Ihls connection we beg to call your Excellency's attention to the subject of homicidal mania, without elaborating the law upon that subject, or calling your attention to more than two or three of the numerous authorities thereon. W barton & Ktille, Med. Juris., book 1, sections S3 to 61 Inclusive. John Freeth's case, same book. Note on page 46; Commonwealth vs. Mosler; 4 Barr, 2ti. In this lost cose the eminent Chief Justice Gibson recognizes the existence of this disease, aud speaks of it as ' an unseen ligament pressing ou the mlud, diawlug It to consequences which it sees, but cunaot avoid." Greensmlth's case. Taylor's Med. Juris., page 513. This is a somewhat remarkable cuse, ot a turner who Btrungled his four children. It resembles the case of the prison er In several important particulars, espe cially in these, viz.: Jn tbe absence of motive. In the absence of excitement attending the crime or Its consequences. In fact that many of tbe witnesses (In this cose we believe all of themj had never observed the Slightest indications of Insanity about him, the doctors only maintaining that be was an Insane man, he having had agraudmother and another rela tive who bad been insane. In his conviction aud sentence to death, Green snil.h. through the charitable interference of some Intelligent physicians, was reprieved or respited. May we not hope that in this particular bis case may resemble the prisoner's ? GreeiiBmlth was tried In the year 1H87, In Midland Circuit, England, (bee MctlUo-Uilruiuical Jicvicw. xxvill.,84.) 2. All the evidence In the cause upon both sides shows that the prisoner, upon that futul afternoon, was us cool, as devi Id of excitement, and indeed of any Indication In manner, looks, or conduct, of guilt, as any quiet citizen In tlie undisturbed pursuit of his usual avocuttuiiB. We do verily believe that this most remarkable ititiftfroid, whlcb continued through all the excitement of his trial, and remains with him to tills day, can spring from nothing short of an absolute consciousness of innocence ! If be did tlie act. itinu-l have been In a condition of mind whlcb left no trace of the deed itself ou his memory when he awoke to normal eoufclousness. In our Judgments It la Impos sible that a young man of Impaired health and deli cate organization, whose whole life, an shown by tbe testimony, ban bieu hee from bruw Is and violence, 1.16 luanueis aud disoohltlon, as the evidooc shows, were singularly mild aud sympathetic, suould deliheiaiel" plan and execute such a bloody deed as was tlx- killing of Mrs, Magilton; aud yet when found, wiih his ghastly victim hardly yet deud. should be as free liom meulal excitemeut, or apparent conscious ness ot glint, as the seuseless chairs and tab es which w linefcsed the assault. ISuch ludillereuce must be tbe oil tel consequence ol a diseased or abuurmal condi tion ot the mental faculties, aud not of guilt hardl- U' SB. That hk h was his cool and unexcited condition Is 'shown by the testimony of Adam Magilton, Gorge Parker, Marvaret Ifurst, Bebecca binlth, James McCulleu, bellua btevens, Edward btevens, and others. The prisoner himself first went for an officer of the law, aud though he bad ample opportunity to escape before suspicion was aroused against him, made no attempt to do so. g. The manner of the killing Is more like the work ot a maniac than of one In the exercise even of crlml. nal. diabolical reason. The testimony or tbe Coru nei's physician, Dr, bbaplelgh. who made the post mortem examination of the deceased, shows that sue received u least seven blows upon the head with a hammer, rive of which penetiated to the brain, la bucU a manner that auy of them must bave produced unconsciousness, and would have produced death. In addition to this her throat was cut frotn ear to ear. Would a sane man who wan killing for tne purpose of robbery or plunder have so multiplied tbe death wounds upon bis victim T Would be, alter his victim woe dumb and senseless, bave Increased tbe chances pi aeWilva vUit culUiuj of lb liaosl 1 Tue AUGUST 8, 1867. hammer was driven Into the brain np to tha very handle, and the whole appearances about the deceased fbxiws that ro reIMnnre wns offered by her, that she must have fallen senseless at the first blow. Could anything but Insane frenzy have showered npon her i repeated and lurlous Plows, ana men npisimu m cutting her throat T It seems 10 us overwhelmingly manliest, from the very manner In whlcb tbe killing was done that the act woe committed by an Insanely txrmnonsiDie agent. 4. f-o motive for this Inhuman murder, as It must have been If murder at all, was shown to bave ex isted. Tbe relations between tbe prisoner and tbe deceased were proved to have been or the most friendly and confidential nature, she treating blm as a son, and he regarding her as a mother. Tbe Common- n ,u mrced to suggest the motive or plunder. ""m iu mi noose, ana notning on or aoout tne person ol the deceased, Indicated tnat there had been .J. n.i 'rch for plunder. We Invite the most careful ?STJ? iTT 01 the testimony 011 this point. It Is true the kSV11" "empted to show that the prisoner if Irti Uie leased of four dollars. But the only 11.1, ,P-' 'J',1 ,enaea In the slightest degree to eslab Ht.toJ "al ''Katlon was that leur dollars of United .on. J " """"cy were found In tbe pocket of tne prl thit t hi Si.,'',irSh'd' nd " ws some evidence previous f!"',d hld." possession ontheday So MMtiH?IIoll,'.r,of similar currency. There wss Ssberni ih i,ono' f money found o5 the prisoner deceased and 11 -I""1 ' Possession ot the Dot monev of M Dl;wn that the prisoner had Iromlbe West wWni t,He. hlk1 ben D lew woeks thearmv anrt,W.rei19J'a been discharged from of Mrs? EzaVlKh, u'.ilorrov,7' b7 timi."mon' prisoner 23 mo",K CJ,M1'P proved that tbe lay cake of this wuness ind Tn,.e1OUKl1 at 'f?1 10 ber In clianie a in ni tbat h received from this change exaotVi .nl 0.,le.,knd fl8 Ponies. And wasfoimrt hnoS hfnl .KdUllon t0 "ur dollar., bro'hetr of tbrlson.r Hmlned't'alv M?'""' bad asked blm lor moaiTii ui-l.lb WZar had It. and tbat tbe prlaoM?knew ViS? V2Jd A"' Menock s testimony rrobM iM.10? AdHm that the prisoner told film hi ?wo SL".' lor b his b.oth'er and pay hi. ?oa?d?0Ther'e wh'?.ft? no such case of want and necessity modout uainst the prisoner as to create the suspicion T even at leSst so t seems to ub. that he could sauely Vm T2murdM as the Commonwealth's oftlcer saldf "foi : tba n.iLr sum of Ipur dollars." Indeed, the attempt (fx ufis as an adequate motive lor a decent, weii-nebaved gentle youth, less than twenty-three years of age to Imbrue his bands In the blood ol a kind-hearted unri. slsttng, dearly-beloved old lady over sixty vnara nt age, to whom be looked as to a mother, and who e- arded him as a son, Is In our estimation utterly to isclalm that he had any sane motive whatever, and that tbe act, If committed by blm, must bave been tbe outburst of Insane frenzy. 5. There was much evidence In the case to show that tbe prisoner was considered h who knew him best, as an lnsnno nein'.n attimon beiore the homicide transpired. His mother, Kosanna miiurujore. iris two sisters, iuary ana lxmisa, his brother Henrv. and T)r. William I- Rnhimiin and Mary Jane Marks, all testify that bis conduct was at tiroes so strange and unaccountable, that they con sidered him Insane, His sisters say that they were afraid of him. Dr. Koblnson nnbMitutlngly pro nounced blm Insane from what be saw of him long beiore the homicide. And Doctor Meth PanooaH. from an Interview ot two hours with him In hlinml heforo his trial, pronounced him Irresponsible bv reason of mentai disease, (fee his sffldavlt accompanying this appeal, and evidence as given In the cause.! The diary ,iinuurr, miii ii was a part 01 tne eviaence in the cause, showed that his mind was rambling and Incoherent, and Mr. Joseph P. Lannlng Bald tbat he peemru m mm at times to oe in an irresponsible con dition. 6. The prisoner was proved to bave been suffering from tbe disease known as Otaturia. which according to the lestlmnn of lir. Puncoast Is a partial test 01 insanity, and, according to all the bet medical au thorities. Is to a greater or less extent. accnmtmnlAd bv a disturbance or impairment, li not aaeraugumeut, of luo iii-,ititi lauumea, 7. '1 he prisoner was proven to have hren laboring inner mi uigniy sensitive nervous conuitlon which Is the result of disease, and winch has rendared him BO highly susceptible if palutol Impressions, tnat ne was fO disagreeably effected even ov pictures as to be obliged to leave the room where they were. (See tbe testimony ot Mrs. Mary Mench ) 8. It waB proven that the prisoner had made fre quent attempts to commit snic.lde. The testimony of ins ujoincr, sister, ana nroiner. tui.y establish tits; and suicidal mania Is one of me wu.I-recogmzed teste ot homicidal mania. Or the reasons ahnvp RAt forth, nvorv nna nt whinh Is founded upen the evidence as given In tbn trial of luniuum. in conviction lias ioicea itseit upon our mini! that the prisoner never deliberately planned, or uuiinuiuiisiy cummiitea, me crime 01 wuicn oe 11 as been convicted and that to execute upon him the extreme penalty of the law, won d therefore be an act ol rruflty, not of Junlvce. Such it unuuestlouably would be If our conviction has the fouodutton of truth. We would not multiply words. Wapul the case and the rvlnenre beiore your Excellency, in full reliance upon your neDseot JuHllce, your fenilcneiit of mercy, and your calm settled purpose to do, without fear or favor, what your bead and your heart alotaie to be r.ght. Most respectfully, H. K. WARItlNKR, DAMON Y. iillXJORE, .PMlndelPhla, July 24. law. """""" FOR SALE. FOR HALE FOUR-STORF HOUSE ON A 1. 1 ' I J Lnn , . ,. . s n - - 1 1 1 1 1 ncn. , j i u tt ,1 . ju ea-iy terms. liouse In excellent order, with all modern Im provements, aud empty. Address A. B.,Telegrapn "'"ce. 83t GERMANTOWN. SEVERAL DESIKA JUik ble bu but ban Cottages fur sale. I m median mediate possession, W. II. BTOK.ES. Insurance Oilice, Germautown. 68 lm 8 603 8 8 803 8 CHESNUT STREET. a. W. PITCHER, 808 CMEMNI7T STREET, 808 PHILADELPHIA, Is now closing out. at the following prices, bis large stock of KUoTIC FRAMES. WITH FRENCH UliASS, UAUJiB, ETC. former Price.. Present Price. 2W tl 00 225 126 8 00 1-75 400 2-25 ft'00 ftk FIze. 8x10 lux 12 13x10 ldx20 ilux24 M H H 3D d raquur nu ivai t'ousnea walnut frames at proportionate rates. bTEIlKOSCOPEa Becker's Patent Revolving. Holme's Pa tent, 6 kinds. Uulrolos' Patent, Lee's Po tent, and a large variety of Hox tstereoscopes made of Rosewood, (Sandal Wood. Waluut. Etc. Etc. HTEItEOSOOPTC VIEWS Of every part of the World, and of all the Foreign and American Celebrities, Plain and Colored, AT CLOSING OUT PRICES. BOOKS: We are now selling at the 'Closlng-out Trices, In (sets and by the Hlngle Volume, bound In Turkey Antique, Calf Gilt, Half Calf, Roxborough. and Cloth, the works of the following Authors: I)e Qulucey, Irving, Hawthorne, Parton. Walter Hcotl. Wlnthrop, liayard Taylor, Mllman, John Htuart Mill, tsmolleit, Dis raeli, Hallam, Christopher North, Charles Lamb, Uoran, Charles Dickens, blmms, Hughes, Hulwer, Macauley, Emerson, Ro bertson, bnilles, John lirown. Cooper, Ro bert Browning, Jane Austin, Gall Hamil ton, Charlotte Bronte, Country Parson, Beecher, and many others, POETH. Shakespeare. Moore, Hemans, Pope, Byron, Dryden, Kcott, Cowiier. Milton, Burns, Montgomery, Moore, Marryait, Ben Johnson, Tennyson, Leigh Hunt. Masaey, Jameson, Mulocb, Iugelow, tSwiuburne, Meredith, Browning, and all other British Poets. AMERICAN POETS. Longfellow, Whltller, Lowell, Perclval, Paxe, EdgorPoe, Holmes, Adelaide Proc tor, Bayard Taylor, Emerson, Aldrich, Horence Percy, Buchanan Read, Miss AThbler. Alice Carey, Edua Proctor, For cythe Wlllson, George Arnold, Boker.Mrs. Guge, Etc. Etc PHOTOGRAPTT ALBUMS. NOTE PAPER AND ENVELOPES. Largest Ktock In tbe cltv, at CLOSINU-OUT PRICE. Book buyers should not miss in Is oppor tunity to purchase the works of the best authors AT LOWER PRICES Than they have aver beeu offered to the Pub"c- I8 8smthat O. W. I'lTCHER, 808 CHESNUT STREET, 808 PHILADELPHIA. H x M M 0 III 8 808 8 b 803 8 CIIESNTJT STREET. KEEP THEM AT HAND! PATENTED Uth MONTH, 1860. 7 M iniSp . GET THE BEST TUB HOLY BIBLE HARD lug's Editions Family, Pulpit and Pocket Bible In beautiful (sly 1 of Turkey Morocco and anting e bindings. A new edition, arranged for photographic porlraiui of fkiuUlee. WH.V. HARDING. Publisher, a. IKo, &3 tOI&bNt'r bUvtrt' 2ffAvtuUt CAMPHOR TROCHES, FtxfciT rrvTKiUra of X Dlsrrhcsa, DysKiUry, sad Caokm KcrUis, BoU factor, C. H. Neodles, Prutx". jsP'j Cpi UthIUeeBk,raUa. AyT AUCTION SALES. M oOLELLANP A CO fRnrcesnom to Phllln Kord fWV AUCTIONEERS. No. ft MAJUSET titretrt, SALE OF 1700 CASES BOOTS, SHOES. BBO OANS, ETC, On Monday Morning, Aognst 12, commencing at 10 o'clock, we will soil. Jr catalogue, for cash, 17O0 cases men's, boys', and yonths' hoots, shoes. Drogans, Daimorais, etc Atmn - .an...! ...nplnianl nf wnm.i'a Mta.ul - M children's wear, to whlcb. tbe special attention 0 lh trade Is called. 8 8 81 JOHN B. MYERS CO., ATJCTIONEEES Nos, 288 and 24 MARXET street. AT PRIVATE SALIC 16 coses fine palm fans, round handles. 75 LARGE OPENING BALK OF BRITISH, FRENCH. 1 1 1. 1 1 1 1 1 . v 11 1 . . 11 t i! n 1 1 1 Ti 1 1 if .iii.i . 1 1 viAiijun.i, 11 iiuoMiiiu jin i nvoiWi We will hold a lame sale of forelsn and dome Lid dry goods, by catalogue, on tonr months' credit, un iliur.oBT Aiorning, .. iim a. 111 v utn.-K. ruiui.i.ii'1 iiuvuii 1 w jjwva aguei and lots of staple and fancy articles. FIRST LARGE POSITIVE RALE OF CARPET llNGf, KIU On Friday Morning, Angnstf). at 11 o'clock, will ho old. hv raralnono. on four months' credit, about 200 pieces or Ingrain, Venetian, list, hemp, cottage, and rag carpet lngs, embracing m choice assortment or superior goods, whlcb may be examined early on the morning of'e. 17 SUM LAIiGK PEREMPTORY SALS OF BOOTH. HTC0E3r i'nwa j nAvr.tiiilU ISAUa, MU . . On Tuesday Morning, August 18, at 10 o'clock, will be sold. By catalogue, on four months' credit, about )00 packages boots, shoes, balmorals, etc., of city and Eastern manufac ture. Open for examination, with catalogues, early on morning of sale. a 7 M THOMAS A RONS Knst uo Am 111 . 8. tOUKTH Street. SAMUEL C. FORD SONS, AUCTIONEERS No. 127 S. FOURTH Street, - Si?? i Beal Estate, Stocks, Loansetc.. at Phlla of the wwkiv nf."taed "lal1 " y and several REAL ESTATE AT PRIVATE BALE. JM. GUM MET ft BON9, AUCTIONEERS No. tog WALNUT Street C,-tta' Hold Regular Sales of REAL KbTATE, STOCKS. AND SKfJURTTTlW AT nJ,lW H VDELPHIA EXCHANellf8 AT Handbills of each property issued separately, llKHj catalogues published and circulated, containing hill descriptions of property to be sold, as also, a pa" tlal list ef property contained in our Real Estate RiwiL ter, aud ollered at private sale. vl"-au-M''1e1s-Sales advertised dally In all the dally newspaper! B Y THOMAS BIRCH ft SON, No. 1110 CHEJ 4.1 j a ouovft, suv. Aieventa Btreet. Pal at No. lllOChesmit street. 8VPr?P,VA,BIKT FURNITURE. ROSEWOOD PIANO-IORIES. CARPEIS, MIRRORS, PHOTO GRAPHIC APPARATUH, Eli;. "v'"0' rxlui On Friday Morulug. At 9o clock, at .the auction store. No. 1110 Chesnnt Btreel, will be sold a large assortment of superior Fur niture, includlng-Rlch Walnut suit of farlor Fur niture, covered with plush, reps, and hair clnth: Li brary Suits; Chamber bin wot Walnut; elegant Walnut Hdeboard, Secretary and Bookcases; Dressing Bu reaus: Wasbstands: Upring and Hair Mattressesr Wardrobes; Velvet, Brussels, ingrain and Venetian Carpets; French Plate Mantel and Pier Mirrors; Man tel Clocics; Cottage Cnamber Suits; China; Glassware: Kitchen Furniture, etc PIANO FORTES.- Superior Rosewood seven octav Piano-Fortes, made by tchinter & Co., and Fisher. ewYork. PHOTOGRAPHIC APPARATUS. At 1 o'clock, will be sold, one Jauiln Siereoscopio Box and Lenses, with holders complete; pair ihreelnch Focus Globe Lenses; one 8-lnch do; 4 4 View Box; Copying Box. etc. etc. " r 7 2t MAGIC LANTERNS. Also, one Maglo Lantern PANCOAST ft WARN0CK, AUCTIONEERS. No. 240 MARKET STREET. piRE AND BURGLAR SAFES! HARVIFS PATENT ALUM AND DRY PLASTER TlOHOUlIll.xT HBK-PBOOr, PEBFECTLY DBTi ALWAYS RETAIN THESE QUALITIES. MANY THOUSANDS OF OUB SAFES IN ' USE. EXA9IINE BEFORE PVBCIIASINCI ELSE. WIIEBE. MARVIN & CO., 721 CHESTNUT St.(MasonicHall) AND MB BBOADWAY, NEW YORK. FAM IIY SAFES FOB PLATE, JEWKLBY. ETC. ETC. BANKERS' STEEL CHESTS, SECOND-HAND SAFES. SAFES EXCHANGED ON LIBERAL TEBMS. 8 1 stulhim SEND FOB ILLUSTRATED CATALOGUE. $ PEER'S PORT GRAPE WINE Excellent for Female and Weakly Persons. Used by Hundreds of Congregations for Church or Communion Purposes. WIN MAKES VINEYARDB-Loa Angeloa, California, and Pm. sale, New Jersey. SPEER'S PORT GRAPE WINK, Four Years Old -This Justly celebrated Dative Wine Is made froni tbe iuiceot the Oporto Grape raised In this rauntr Its Invaluable T odIo and Strengthening Proiwrtiea are unsurpassed by any other native Wine. Reimr tiu pure Juice of the grape, produced under Mr. Speer'a own personal supervision. Its purity and gonuluenea are guaranteed. The yonngen child may partake Its generous qualities, aud the weakest In valid m use It toadvantageTltla particularly henelicU to tnS aged and debilitated, and suited to IhT vLXu all! ment. that altllct the weaker sex. A U iTvexv respect A WINK TO BE RELIED ON T nXi"iV wav eAa.iVrt?"h store ot JOHNSON, Uiniirt?iiMi.No,J"iNon1' Street. s'p'or?!; rt Principal Olllce. A. IPVrR. Nt!d bli D,A Y' Puos" City Ha" Park .N.T. bold by Lrugglaia. 7 Vut,h.iuVfp AMcXanyC0NCKETE PAJNT K008 This paint, for tl'n and metal roofs, old or new, la unequalled, hoofa of every kind, old ahluglee In cluded, covered or repaired thoroughly. Leaks and dampness prevented, paint for aale by the can or barrel. Business has prompt attention. No. Ml N . XHULD fewe,, i7Imj JVuiU-a, hXJUtf,
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