Page:Federal Reporter, 1st Series, Volume 10.djvu/197

 GUII'BAU'S CASE. 185 �The other representa a youth born, as it were, under malign influ- ences, thc child of a diseased mother, and a father subjeot to religions delusions ; deprived of his mother at an early age : reared in retire- ment and under the influence of fanatical religions views; subse- quently, with his mind filled with fanatical theories, launched upon the worid with no guidance save his own impulses; then evincing an incapacity for any continuons occupation; changing from one pur- suit to another — now a lawyer, now a religionist, now a politician — unsnccessful in all ; f ull of wild impraoticable schemes, for which he had neither resouroes nor ability ; subject to delusions about his abil- ities and prospects of success, and his relations with others ; his mind incoherent and incapable of reasoning connectedly on any subject; withal, amiable, gentle, and not aggressive, but the victim of sur- rounding influences, with a mind bo weak and a temperament so impressible that, under the excitement of political controversy, he became frenzied and insanely deluded, and thereby impelled to the commission of a crime, the guilt of which he could not, at the mo- ment, understand. �It is for you to determine which of these is the portrait of the accused. �Before saying a last word my attention has just been called to, and I have been requested by counsel for the defendant to give, certain additional instructions. One is* �"It is the duty of each juror to consider the evidence, all pertinent remarks of counsel. aud all the suggestions of fellow-jurors, but to disregard all state- ments of counsel and declarations of the prisoner except such as are founded upon the evidence." �Of course, that is a truism, and does not require any particular instraction. �" The testimony of the prisoner they will weigh as to credibility, and judge of by the sarae rules and considerations applied to that of other witnesses." �That is all true, provided that all the influences that govemed the prisoner are duly weigbed and considered. �"And af ter all, each juror should decide for himself upon his oath as to what his verdict should be. No juror should yield his deliberate, conscientious con- viction as to what the verdict should be, either at the instance of a fellow-juror or at the instance of a majority. Above all, no juror should yield his honest convictions for the sake of unanimity, or to avert the disaster of a mistrial. Jurors have nothing to do with the consequences of their verdict." �AU that, gentlemen, is true. Some of it is substantially embodied I think, in what I have already said. ��� �