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EDWARD D. WORRELL. 183

tary of War for his discharge. Defendant seemed to be in
trouble—witnesa told him that he thought it would be a
hopeless undertaking, whereupon defendant said, ‘‘that there
was no use talking, he wish’d to God he had never been born,
and that if he could not get out of the army honorably, he
would not desert, but he would get himself out for good.’’

Mr. Moore gives it as hia opinion that the prisoner was
laboring under strong mental derangement, and predicates
the opinion upon the simple statement of the prisoner ‘‘that
he wished he had never been born, and was determined to
get out of the army;'? an exclamation by a man in trouble.
Mr. Moore is not a physician, and makes no pretentions to
any knowledge of the diseases of the mind, and his opinion
is consequently of no importance except so far ad it is sup-
ported by the facta upon which he bases it.

In my opinion, the deposition of Mr. Moore furnishes more
evidence of his insanity than of the prisoner, for what sane
man would come to the conclusion that another man was in-
sane because in a moment of trouble he expressed a regret
at having been born. In a world of tribulations like this,
in which the most favored of us are not exempt, most men
in times of affliction or mental depression give utterance to
gjmilar exclamations. No doubt, Mr. Moore has done it him-
self, and if for this reason you should put a straight jacket
upon him, he would declaim loudly against such an act of
usurpation.

‘We have next the deposition of Frederick A. Cavendish, who
deposes that on one oceasion while prisoner was first orderly-
sergeant, stationed at Fort Leavenworth, a man belonging to
prisoner’s company, and some Irish citizens were engaged
in a dispute, and were making a very loud noise on the stair-
way leading to defendant’s room. Defendant came out of
his room much excited with a revolver in hand and said, “If
you do not quit making such a damned noise I will blow hell
out of you.’ Mr. Lane testifies to the same fact.

I see nothing unnatural in this, for it was the duty of the
defendant as first orderly-sergeant to keep order about him,
and in the army, where strict discipline is enforeed and pro-

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