Sir,—

Absence from home on public duties has prevented, until

this time, an answer to yours of the 1st ult., requesting

particulars respecting the trial and execution of WILLIAM

MILLER. I do not know that any paper contains these

particulars, and I will therefore endeavour to comply with your

request by the following brief statement.

William Miller was indicted for the murder of Solomon Hoffman,

an offence committed in Jackson township, in this county

(Lycoming), on the first day of February, 1838. On the first

day of May, 1838, a jury was sworn to try the cause. The first

count charged the offence in the usual manner. The second count

set forth that the crime was committed “by lying in wait in,

upon, and near a public highway.” The evidence on the part of

the commonwealth fully established the facts following:—That

Solomon Hoffman was a traveling pedlar, carrying a pack on his

back; that he sojourned one night at Bastian’s tavern, situate

at the edge of the woods between the Block-House settlement and

Pont Run; that William Miller was a cabinet-maker, boarding

at the same house; that these two individuals slept in the

same room together that night; that Miller, on being urged by

Hoffman in the morning to purchase goods, declined, stating

that he had borrowed money from Bastians, and did not wish them

to know that he had money, but proposed to purchase of Hoffman,

_if the latter would stop at the side of the road, in the

woods_, where Miller stated that _he_ would be engaged cutting

wood, as the other passed along on his way. This was agreed to.

Miller stationed himself by the way side, with his axe, for

the purpose of executing his plan of destruction. The deceased

soon made his appearance; and while he was stooping down to

take some articles out of the pack to exhibit to Miller, the

latter killed him with the axe. Having taken such articles as

he desired at the time, and all the money in the pocket book of

the deceased, Miller buried the dead body and the pack under

the leaves and snow, the latter being upwards of two feet deep

in the woods. The deceased was a stranger—a German—and had but

one relative, a brother, in this country. That brother he had

engaged to meet the next day after the murder in Bloomingrove;

but as he did not fulfil that appointment, the brother was

alarmed, and made a most anxious and scrutinising search for

the deceased, but could find no traces of him whatever after

he left Bastians in the morning. The brother then came to the

public house of George Duitch, in Williamsport, to proceed

on his journey, giving up all hope of ascertaining the cause

of the mysterious disappearance of the deceased. By what

might be regarded as a singular intervention of Providence,

Miller _came_ to _this tavern_, which was twenty or thirty

miles from his residence, _introduced himself_ to the brother

of the deceased, and, by his _voluntary prevarications_ and

_falsehoods_, excited suspicion, which, upon farther scrutiny,

led to the full disclosure of his guilt.

The evidence was so full and satisfactory, that there was no

room to doubt with respect to the agency of the prisoner in

causing the death of Hoffman, in the manner already detailed.

The counsel for the prisoner, in their anxiety to do all in

their power to save his life, endeavoured to show that he was

afflicted with that species of insanity called _monomania_. But

the evidence on this subject consisted chiefly of the proof of

_cases_ where _other_ individuals, whose minds appeared sound

upon subjects in general, were nevertheless deranged upon

particular subjects. The proof did not establish the fact that

the _prisoner_ was afflicted with that species of insanity.

In the course of the trial, the prisoner’s counsel, _without

objection on the part of the commonwealth_, introduced Mr.

O. S. Fowler, the celebrated phrenologist, as a witness. He

described the prisoner as of the lymphatic temperament; and

stated that persons of this temperament are more apt to be

deranged upon the animal passions than upon the intellectual

or moral faculties. He also, among other things, described the

prisoner’s phrenological developments, as they appeared to

him on an examination some days previously in the prisoner’s

cell. The organs of _Destructiveness_, _Secretiveness_, and

_Acquisitiveness_, were stated by Mr. Fowler to be immense, the

head measuring about 7¼ inches in diameter from ear to ear.

In giving the instructions to the jury, I stated to them

that if the evidence for the commonwealth was believed, it

established a case of murder of the first degree, unless

they thought proper to acquit entirely upon the ground of

_insanity_. The species of insanity relied upon by the

prisoner’s counsel, was that denominated _monomania_. This

exists where there is a _delusion_ on _one_ or a _small number_

of subjects, which no course of reasoning or force of evidence

can remove. Every man, of mature age, is _presumed_ to possess

a sound mind until the _contrary_ appears. To establish this

kind of insanity, _delusion_ must be shown to exist on one

subject, or on some small number of subjects. It was stated to

the jury, that the court could perceive no sufficient evidence

of _delusion_ or hallucination on any subject to establish the

existence of _monomania_; still, if the jury believed that

the prisoner was, at the time of committing the act charged,

“incapable of judging between right and wrong, and did not

know that he was committing an offence against the laws of

God and man,” it would be their duty to acquit; and if they

did so, it would be necessary to specify in their verdict the

ground of acquittal, in accordance with the act of assembly

of 13th June, 1836. But (continued the court) if any insanity

exists in this case, it is of that description denominated

MORAL INSANITY. This _arises from the existence of some of the

natural propensities in such violence, that it is impossible

not to yield to them_. It bears a striking resemblance to

_vice_, which is said to consist in “an undue excitement of

the passions and will, and in their irregular or crooked

actions leading to crime.” It is therefore to be received

with the utmost scrutiny. It is not _generally_ admitted in

legal tribunals as a species of insanity which relieves from

responsibility for crime, and it ought _never_ to be admitted

as a defence until it is shown that these propensities exist

in such violence as to subjugate the intellect, control the

will, and render it impossible for the party to do otherwise

than yield. _Where its existence is thus fully established,

this species of insanity, like every other, relieves from

accountability to human laws._ But this state of mind is not to

be presumed without evidence; nor does it usually occur without

some premonitory symptoms indicating its approach. On this

branch of the case the prisoner’s counsel have introduced the

testimony of Mr. O. S. Fowler, one of the most distinguished

phrenologists in the United States. The science of PHRENOLOGY,

or rather CRANIOSCOPY, has not yet been brought to such a

state of perfection and certainty as to be received and relied

upon in courts of justice. Small deviations in the scull from

its perfect form, not absolutely denoting insanity, appear to

be too uncertain to be relied upon in the administration of

justice, without endangering the rights of individuals and

the more important interests of the public. It is the opinion

of the court, that the testimony of Mr. Fowler proves no such

development of the animal propensities as would, of itself,

justify the belief of insanity in any of its forms.

The jury found the prisoner guilty of murder by lying in wait,

as set forth in the second count, and not guilty on the first

count. The verdict was delivered on the 4th of May, 1838,

and, on the same day, after overruling a motion in arrest of

judgment, the court adjudged that _the verdict on the second

count_ was a _finding of murder of the first degree_, and

pronounced the sentence of DEATH. On the 27th of July, 1838,

the prisoner was executed. He made a full confession. Before

and after the trial he was visited by clergymen, and appeared,

after the trial, much affected with his situation in reference

to a future world. Seemed truly penitent. Met death with great

firmness, even assisting the sheriff in some of the last sad

offices of the melancholy scene. His body was delivered to his

parents for burial. They are in low circumstances, but not in

absolute poverty. They have never shown as much attention to

education as people generally do, and their unhappy son was

said to be exceedingly illiterate.

Yours, very truly,

The American Phrenological Journal and Miscellany, Vol. 1. No. 8, May 1, 1839 · 第 16 / 24 题