The Trial of William Freeman: For the Murder of John G. Van Nest, Including the Evidence and the Arguments of Counsel, with the Decision of the Supreme Court Granting a New Trial, and an Account of the Death of the Prisoner, and of the Post-mortem Examinaton of His Body by Amariah Brigham, M. D., and Others |
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Page 27
... fact that should be determined as other questions of fact are required to be , in criminal cases . In that view he suggested a trial of the issue by a jury . It was important to the people as well as the prisoner , that such an ...
... fact that should be determined as other questions of fact are required to be , in criminal cases . In that view he suggested a trial of the issue by a jury . It was important to the people as well as the prisoner , that such an ...
Page 33
... facts are so I know of no reason why he is not accountable . Think I have never heard the facts contradicted . Have heard the counsel censured for putting in a plea of insanity for the prisoner . I think from the precaution he took ...
... facts are so I know of no reason why he is not accountable . Think I have never heard the facts contradicted . Have heard the counsel censured for putting in a plea of insanity for the prisoner . I think from the precaution he took ...
Page 34
... facts and circumstances , and have heard them talked over . Concluded that he was guilty of murder , if what I had read and heard was true . Do not know that the question of sanity arose in my mind . I took it for granted that it was an ...
... facts and circumstances , and have heard them talked over . Concluded that he was guilty of murder , if what I had read and heard was true . Do not know that the question of sanity arose in my mind . I took it for granted that it was an ...
Page 38
... facts ; not to any particular thing . I afterwards told Mr. Seward of my interview with the prisoner . When I went to the jail I went to find out all I could about Freeman . While there , Mr. Austin in a low tone of voice said to me ...
... facts ; not to any particular thing . I afterwards told Mr. Seward of my interview with the prisoner . When I went to the jail I went to find out all I could about Freeman . While there , Mr. Austin in a low tone of voice said to me ...
Page 44
... facts . He then appeared to be in a passion ; said he had been abused , and that he would have satis- faction . I told him I could not give a warrant . He stood still and hung down his head ; and then looking up at me , said he must and ...
... facts . He then appeared to be in a passion ; said he had been abused , and that he would have satis- faction . I told him I could not give a warrant . He stood still and hung down his head ; and then looking up at me , said he must and ...
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Common terms and phrases
AMARIAH BRIGHAM answer appeared arrested Arsdale asked Auburn believe brain Brigham called and sworn capital punishment Cayuga County challenged for principal charge child committed conversation conviction count court crazy crime CROSS EXAMINATION.-I DAVID WINNER deaf defence dementia deranged disease district attorney Doctor evidence of insanity examination facts faculties Freeman gentlemen guilty hear heard Helen Holmes homicide horse idiot indicate insanity insane delusion insane persons intellect jail John G judge juror jury kill knew knife laughed lived looked mania mind monomania murder negro Nest family never night opinion Owasco Lake peremptory challenge principal cause prisoner prisoner's counsel punishment question reason recollect reply sane sanity seen Sidney Freeman smile soner spoke stabbed stealing Suppose swear symptoms talked tell testified testimony thing thought told took trial tried triors Utica verdict wanted witness wound wrong Wyckoff
Popular passages
Page 467 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 431 - If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable...
Page 428 - Also if a man in his sound memory commits a capital offense, and before arraignment for it, he becomes mad, he ought not to be arraigned for it ; because he is not able to plead to it with that advice and caution that he ought.
Page 484 - The mode of putting the latter part of the question to the jury on these occasions has generally been, whether the accused at the time of doing the act knew the difference between right and wrong...
Page 161 - The opinion which has been avowed by the court, is, that light impressions which may fairly be supposed to yield to the testimony that may be offered ; which may leave the mind open to a fair consideration of that testimony, constitute no sufficient objection to a juror; but that those strong and deep impressions, which will close the mind against the testimony that may be offered in opposition to them ; which will combat that testimony and resist its force, do constitute a sufficient objection to...
Page 436 - To bait fish withal: if it will feed nothing else, it will feed my revenge. He hath disgraced me, and hindered me half a million; laughed at my losses, mocked at my gains, scorned my nation, thwarted my bargains, cooled my friends, heated mine enemies; and what's his reason? I am a Jew. Hath not a Jew eyes?
Page 431 - ... whether the accused at the time of doing the act knew the difference between right and wrong : which mode, though rarely, if ever, leading to any mistake with the jury, is not, as we conceive, so accurate when put generally and in the abstract, as when put with reference to the party's knowledge of right and wrong in respect to the very act with which he is charged.
Page 178 - That before a plea of insanity should be allowed, undoubted evidence ought to be adduced that the accused was of diseased mind, and that at the time he committed the act he was not conscious of right and wrong.
Page 430 - Lordships' inquiries are confined to those persons who labour under such partial delusions only, and are not in other respects insane, we are of opinion that, notwithstanding the party accused did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some public benefit, he is nevertheless punishable according to the nature of the crime committed, if he knew at the time of committing such crime that...
Page 470 - ... of witnesses who have long been conversant with insanity in its various forms, and who have had the care and superintendence of insane persons, are received as competent evidence, even though they have not had opportunity to examine the particular patient, and observe the symptoms and indications of disease at the time of its supposed existence.