indeed a volunteer in his behalf; but society and mankind have the deepest interests at stake. I AM THE LAWYER FOR SOCIETY, for ManKIND, shocked beyond the power of expression, at the scene I have witnessed here of trying a maniac as a malefactor.

(The circumstances under which the question of sanity was tried are thus described) :—

That Jury was selected without peremptory challenge. Many of the jurors entered the pannel with settled opinions that the prisoner was not only guilty of the homicide, but sane, and all might have entertained such opinions for all that the prisoner could do. It was a verdict founded on such evidence as could be hastily collected in a community where it required moral courage to testify for the accused. Testimony was excluded upon frivolous and unjust pretences. The cause was submitted to the jury on the fourth of July, and under circumstances calculated to convey a malicious and unjust spirit into the jury box. It was a strange celebration. The dawn of the Day of Independence was not greeted with cannon or bells. No lengthened procession was seen in our

streets, nor were the voices of orators heard in our public halls. An intense excitement brought a vast multitude here, complaining of the delay and the expense of what was deemed an unnecessary trial, and demanding the sacrifice of a victim, who had been spared too long already. For hours that assemblage was roused and excited by denunciations of the prisoner, and ridicule of his deafness, his ignorance, and his imbecility. Before the jury retired, the Court was informed that they were ready to render the verdict required. One juror, however, hesitated. The next day was the Sabbath. The jury were called, and the Court remonstrated with the dissentient, and pressed the necessity of a verdict. That juror gave way at last, and the bell which summoned our citizens to Church for the evening service, was the signal for the discharge of the jury, because they had agreed. Even thus a legal verdict could not be extorted. The eleven jurors, doubtless under an intimation from the Court, compromised with the twelfth, and a verdict was rendered, not in the language of the law, that the prisoner was "not insane," but that he was "sufficiently sane, in mind and memory, to dis

tinguish between right and wrong;" a verdict which implied that the prisoner was at least partially insane, was diseased in other faculties besides the memory, and partially diseased in that, and that, although he had mind and memory to distinguish between right and wrong in the abstract, he had not reason and understanding and will to regulate his conduct according to that distinction; in short, a verdict by which the jury unworthily evaded the question submitted to them, and cast upon the court a responsibility which it had no right to assume, but which it did nevertheless assume, in violation of the law. That twelfth juror was afterwards drawn as a juror in this cause, and was challenged by the Counsel for the people for partiality to the prisoner, and the challenge was sustained by the Court, because, although he had, as the Court say, pronounced by his verdict that the prisoner was sane, he then declared that he believed the prisoner insane, and would die in the jury box before he would render a verdict that he was sane. Last and chief of all objections to that verdict now, it has been neither pleaded nor proved here, and

therefore is not in evidence before you. I trust then that you will dismiss to the contempt of mankind that jury and their verdict, thus equivocating upon law and science, health and disease, crime and innocence.

Again: an inferior standard of intelligence has been set up here as the standard of the Negro race, and a false one as the standard of the Asiatic raće. This prisoner traces a divided lineage. On the paternal side his ancestry is lost among the tiger hunters on the Gold Coast of Africa, while his mother constitutes a portion of the small remnant of the Narragansett tribe. Hence it is held that the prisoner's intellect is to be compared wi.. the depreciating standard of the African, and his passions with the violent and ferocious character erroneously imputed to the aborigines. Indications of manifest derangement, or at least of imbecility approaching to idiocy, are, therefore, set aside, on the ground that they harmonize with the legitimate but degraded characteristics of the races from which he is descended You, gentlemen, have, or ought to have, lifted up your souls above the bondage of prejudices

so narrow and so mean as these. The colour of the prisoner's skin, and the form of his features, are not impressed upon the spiritual, immortal mind which works beneath. In spite of human pride, he is still your brother, and mine, in form and color accepted and approved by his Father, and yours, and mine, and bears equally with us the proudest inheritance of our race-the image of our maker. Hold him then to be a MAN. Exact of him all the responsibilities which should be exacted under like circumstances if he belonged to the Anglo-Saxon race, and make for him all the allowances, and deal with him with all the tenderness which, under like circumstances, you would expect for yourselves.

Although my definition would not perhaps be strictly accurate, I should pronounce insanity to be a derangement of the mind, character and conduct, resulting from bodily disease. If derangement, which is insanity, mean only what we have assumed, how absurd is it to be looking to detect whether memory, hope, joy, fear, hunger, thirst, reason, understanding, wit, and other faculties remain! So long as life lasts they never cease to