Page:Federal Reporter, 1st Series, Volume 2.djvu/902

 VATBRfS V. aOTUTSWnOVT MDT. LIFB INB. 00. 895 �the writer when it 'was penned. Do its contents, înterpreted and explained "by the evidence in the case in regard to Ma mental peculiarities, and his business and family relations, satisfy you in regard to the writer's insanity ? The law pre- sumes him to be in his right mind, and the hurden is upon the plaintifE to prove the existence of such facts and circum- stanoes as to convinoe your judgment that he was not so ; or, in other -words, that he was not capable of uùderstanding the moral charaoter of his act, or was urged on to its commission by an insane impulse which he had not the power to resist. �Ishall not.detain you by recapitulating the evidence. It bas been f airly stated to you by the counsel of the respective parties. It is rarely that a case is tried more ably or in a botter spirit. But let us examine the letter more closely àHd see whether we can ascertain, from its contents, the probable causes or motives which impelled him to the act that he had in contemplation when it was written. It was addressed to his brother, with whom he was engaged in business — not as partner, but as an employe. He writes as foUows : �"Abe, I cannot live any longer with such a woman as my wife, and her family. She and they are perfect. I and my family are rascals, drunkards, gamblers, etc. WhateTer you can do for my two daughters, do it ; but as for my wife and son George, let him and his mother and the unbom look out for thc-rnselves. �"Look you well to what has been done, and mind rules laid down for you. Do not hire an assayer, but praotice and do it yourself. You can if you will, by praetice, as good as I can. �"This step I hate and despise, but, whether I am to go to a hell or a heaven, I am satisfied, and may God, who rulea over ail, guide, direct and govern you and yours and mine in the right and perfect way, and give you each a fortune here and hereafter." �Then follow these directions in a handwriting quite changed from the foregoing, as if written at a different time : �"My watch to Carrie, and my loeket to Lulu, and chain ����