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 19
... five miles distant from Auburn , lost from her stable a horse , which she alleged to have been , and which doubtless was , by some one , taken feloniously . For some cause , Freeman was suspected and arrested , but protested his ...
... five miles distant from Auburn , lost from her stable a horse , which she alleged to have been , and which doubtless was , by some one , taken feloniously . For some cause , Freeman was suspected and arrested , but protested his ...
Page 21
... five times during his confinement ; that his mother had heard that somebody had struck him on his head and that it was going to kill him , whereupon he went in to see him . He testified on the trial , that he found Freeman with a ...
... five times during his confinement ; that his mother had heard that somebody had struck him on his head and that it was going to kill him , whereupon he went in to see him . He testified on the trial , that he found Freeman with a ...
Page 24
... five years , and yet comes out a murderer ! Besides , it is an undeniable fact , that murder has increased with the increase of this anti - capital punishment spirit . It awakens a hope in the wretch , that by adroit counsel , law may ...
... five years , and yet comes out a murderer ! Besides , it is an undeniable fact , that murder has increased with the increase of this anti - capital punishment spirit . It awakens a hope in the wretch , that by adroit counsel , law may ...
Page 25
... five cents , which he , the said William Freeman , in his right hand then and there had and held , the said John G. Van Nest , in and upon the breast at the left side of the breast bone , between the third and fourth ribs of him , the ...
... five cents , which he , the said William Freeman , in his right hand then and there had and held , the said John G. Van Nest , in and upon the breast at the left side of the breast bone , between the third and fourth ribs of him , the ...
Page 26
... five inches , of which said mortal wound the said John G. Van Nest then and there instantly died . And so the jurors aforesaid , upon their oath aforesaid , do say that the said William Freeman , the said John G. Van Nest , in manner ...
... five inches , of which said mortal wound the said John G. Van Nest then and there instantly died . And so the jurors aforesaid , upon their oath aforesaid , do say that the said William Freeman , the said John G. Van Nest , in manner ...
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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.