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although I was strongly in-
clined to believe he was de-
-ranged when he did the fatal
act,- yet the jury had found
that fact against him,- but
had saved his life, by finding
that there were mitigating
circumstances. I thought it best
upon the whole view of the case
to affirm the judgement, and
leave it to the development of
subsequent facts of the govern-
-or's clemency. Had a new
trial been granted and another
jury of the same mind as to the
insanity, - he might have
been hung.
The opinion of the defendants
wife had great weight on
my mind. When in ex-
-tremes, she was questioned
as to whether the act was
done by design or by acci-
dent She said he did it of
purpose, but he was not "right."
Unquestionably, she believed
he acted under an alienation
of mind, - & having observed
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