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EDWARD D. WORRELL. 105

and it shocks the moral sense to assert it as a rule of judg-
ment. ‘‘Murder must be committed by a sane person.”? The
law has so far shifted the onus, as to presume sanity. It
is but a presumption—an arbitrary, artificial presamption—
liable to be repelled by other presumptions, so that whether
balanced or completely overthrown by other presumptions,
the affirmative resta on the State.

There is said to be a presumption of law that one in the
possession of the property recently stolen, is the thief; but
that presumption may be balanced or repelled by proof of
good character, which raises another presumption of inno-
cence. If I were sitting as a juror in a case of life and death,
and on the whole proof could not satisfactorily determine,
whether the prisoner was sane or insane, there is not a power
on earth strong enough to make me give judgment against
him. A verdict of death signed by me, when I could not
determine whether the prisoner was or was not a being re-
aponsible to human punishment! I would act on the presump-
tion of the law of insanity till I heard the proof, and then if
the presumption was staggered or balanced, it could no longer
have power over my conscience. Something more would be
required to move me to judgment.

Onee more, gentlemen, I return to a ground of defense; it
is the last which I make for the prisoner, if you should hold
him amenable to human tribunals. If you are not satisfied
with his total irresponsibility to law, by reason of insanity,
you have a right to regard his mental disorder; to see whether
his mind was clonded by disease or any other cause, so as
not to be in that specific condition necessary to the perpetra-
tion of murder in the first degree. The law does not forbid
in such case you should ‘‘temper the wind to the shorn lamb.’”
You have in such case power to save life, by a verdict of mur-
der in the second degree.

And now, jurors, the defense is ended. I think it onght to
be suecessfal, but you are to determine. The lawful power
of death is in your hands, the life of my client is like that of
the sparrow which the Greek boy held in his closed hand be-
fore the Oracle, with the words ‘‘alive or dead f’’—intend-

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