The Final Scenes
Buffalo, Sept. 24.
As the jury resumed
their seats, Judge White, who had returned to his chair, asked the
District Attorney if he had any requests to make.
The District [A]ttorney asked that
the jury be instructed as follows:
1. That the law presumes every person
sane.
2. That the burden of overthrowing
the presumption of sanity and of showing insanity is upon the person
who alleges it.
Mr. Titus, for the defense, asked
that the jury be charged that if from all the evidence of the case
that at the time of the committing of this assault the defendant
was laboring under such a defect of reason as not to know the quality
of the act he was doing, that then he is not responsible, and they
must acquit him.
On the Judge’s motion the jury retired.
How the Jury Balloted.
Four ballots were taken
by the jury in the course of its deliberations. This was done to
settle exactly and definitely the conviction of each juror, and
helped to kill time, which the jury thought proper, as it wished
to avoid the appearance of undue haste.
The first question presented to the
jury by Foreman Wendt was:
“Is the defendant sane or insane?”
Twelve jurymen without a moment’s
hesitation voted “Sane.”
“Is he guilty?” was the second proposition.
“Guilty,” said the twelve men by their
ballots.
“Is he guilty of murder in the [s]econd
degree?” was the third question.
“No,” said the votes of every man.
“Is he guilty of murder in the first
degree?” was the final query.
“YES!” said they with unanimity. Thus
with deliberation was the ass[a]ssin’s fate calmly decided.
After the jury had rendered its verdict
of “Guilty” the Judge d[i]scharged it from service. He gave notice
that he would pass sentence on the prisoner on Thursday afternoon
at [?] o’clock. The prisoner was taken away. The people left the
court-room.
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