THE PEOPLE AGAINST DAVID MONTGOMERY, FOR THE MURDER OF MARY MONTGOMERY by [Montgomery, David] - 1873

New York: Diossy & Company, 1873. Original printed front title wrapper [loose but present], lacking the rear wrapper. Pages [207]-257, [1 blank] pp, as issued. Disbound, loosening, rubberstamp on title page. Else a clean and Good+ text.

The publisher's Note says the case "is one of the most important of the recent adjudications on the subjects of insanity as a defense in criminal cases, and the use of the testimony of experts." The pamphlet reproduces the official report published in the State law volumes. Montgomery was convicted of murdering his wife at Rochester, New York, in 1870. His defense was insanity. "He was a young man of twenty-two years of age; he had been married two years; his wife was a woman of bad character. She had left him a short time before he killed her, and had gone to live in a house of ill-fame. She had a child nine months old; the child he kept, and took care of himself during the nights; it was taken care of at his father's during the day."
Montgomery got worn out from all the stress; he had several epileptic fits. "He had a disease of the brain also," all of which brought on "dementia, which had the effect of enfeebling the mind." He had experts on his side: three physicians testified that "he was insane at the time the crime was committed." They were rebutted by the prosecution's physicians. After closely examining the evidence and the relevant law, the Court upholds Montgomery's conviction and rejects his insanity defense.
OCLC 41599720 [5]. Not in McDade, Marke, or Harv. Law Cat. [II Harv. Law Cat. 1147 has a related pamphlet].