Antebellum culture is spectacularly exposed in this book of horrific multiple murder and madness in Upstate New York. Andrew W. Arpey offers insight into subjects that will have broad appeal to historians and scholars of law, journalism, religion, psychiatry, politics, race, and reform. Drawing on newspapers, trial accounts, and private papers, Arpey shows the political machinations surrounding the case and the heated debate the trial set off over the relationship of race and crime, the use of punishment, and the boundaries of legal responsibility. His superb reconstruction of the trial, the motivations of its many actors, and the trial's status in American history place this book alongside the best crime novels. In 1846 William Freeman, a young man of African and Native American descent, stabbed to death four members of the Van Nest family with no apparent motive. His victims, all of whom were white, included an elderly woman, her pregnant daughter, and her two-year-old grandson. Freeman was quickly apprehended, but his mental health soon became a matter of controversy. Led by the future secretary of state William H. Seward, his counsel entered the first insanity plea in the state's history. The Van Nest killings and the trial of William Freeman, though illustrative of many aspects of antebellum society and culture, have never received in-depth scholarly attention. Arpey's investigation into the case yields a wide range of provocative insights that are invaluable to a critical understanding of New York history, legal debate, and race matters in American history.

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Excerpt from The Trial of William Freeman, for the Murder of John G. Van Nest: Including the Evidence and the Arguments of Counsel, With the Decision of the Supreme Court Granting a New Trial, and an Account of the Death of the Prisoner, and of the Post-Mortem Examination of His Body by Amariah Brigham, M. D But notwithstanding his faults, he had a buoyancy of spirit, a playfulness of manner, and an elasticity of movement, that arrested attention and induced a strong desire for his retention as an errand boy and domestic. The young Indian, as he was sometimes called, however, could not be confined to either kitchen or yard, nor did the rigor of any' discipline tame his wildness or repress his inclination to rove. Nearly every attempt to abridge his liberty was anticipated by a nimble bound over and beyond the pale designed for his imprisonment; so that all the efforts of Judge S. To retain him in steady service were unavailing. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Trial of the question of insanity and trial of the main issue at a Court of Oyer and Terminer for Cayuga County, held at Auburn, June-July, 1846.

Traces the origins of the black rage defense in criminal court history In 1971, Paul Harris pioneered the modern version of the black rage defense when he successfully defended a young black man charged with armed bank robbery. Dubbed one of the most novel criminal defenses in American history by Vanity Fair, the black rage defense is enormously controversial, frequently dismissed as irresponsible, nothing less than a harbinger of anarchy. Consider the firestorm of protest that resulted when the defense for Colin Ferguson, the gunman who murdered numerous passengers on a New York commuter train, claimed it was considering a black rage defense. In this thought-provoking book, Harris traces the origins of the black rage defense back through American history, recreating numerous dramatic trials along the way. For example, he recounts in vivid detail how Clarence Darrow, defense attorney in the famous Scopes Monkey trial, first introduced the notion of an environmental hardship defense in 1925 while defending a black family who shot into a drunken white mob that had encircled their home. Emphasizing that the black rage defense must be enlisted responsibly and selectively, Harris skillfully distinguishes between applying an environmental defense and simply blaming society, in the abstract, for individual crimes. If Ferguson had invoked such a defense, in Harris's words, it would have sent a superficial, wrong-headed, blame-everything-on-racism message. Careful not to succumb to easy generalizations, Harris also addresses the possibilities of a white rage defense and the more recent phenomenon of cultural defenses. He illustrates how a person's environment can, and does, affect his or her life and actions, how even the most rational person can become criminally deranged, when bludgeoned into hopelessness by exploitation, racism, and relentless poverty.

An award-winning historian tells a gripping, morally complicated story of murder, greed, race, and the true origins of prison for profit. In the early nineteenth century, as slavery gradually ended in the North, a village in New York State invented a new form of unfreedom: the profit-driven prison. Uniting incarceration and capitalism, the village of Auburn built a prison that enclosed industrial factories. There, “slaves of the state” were leased to private companies. The prisoners earned no wages, yet they manufactured furniture, animal harnesses, carpets, and combs, which consumers bought throughout the North. Then one young man challenged the system. In Freeman’s Challenge, Robin Bernstein tells the story of an Afro-Native teenager named William Freeman who was convicted of a horse theft he insisted he did not commit and sentenced to five years of hard labor in Auburn’s prison. Incensed at being forced to work without pay, Freeman demanded wages. His challenge triggered violence: first against him, then by him. Freeman committed a murder that terrified and bewildered white America. And white America struck back—with aftereffects that reverberate into our lives today in the persistent myth of inherent Black criminality. William Freeman’s unforgettable story reveals how the North invented prison for profit half a century before the Thirteenth Amendment outlawed slavery “except as a punishment for crime”—and how Frederick Douglass, Harriet Tubman, and other African Americans invented strategies of resilience and resistance in a city dominated by a citadel of unfreedom. Through one Black man, his family, and his city, Bernstein tells an explosive, moving story about the entangled origins of prison for profit and anti-Black racism.

Called “the best kind of nonfiction” by Michael Connelly, this riveting new book combines true crime, brain science, and courtroom drama. In 1991, the police were called to East 72nd St. in Manhattan, where a woman's body had fallen from a twelfth-story window. The woman’s husband, Herbert Weinstein, soon confessed to having hit and strangled his wife after an argument, then dropping her body out of their apartment window to make it look like a suicide. The 65-year-old Weinstein, a quiet, unassuming retired advertising executive, had no criminal record, no history of violent behavior—not even a short temper. How, then, to explain this horrific act? Journalist Kevin Davis uses the perplexing story of the Weinstein murder to present a riveting, deeply researched exploration of the intersection of neuroscience and criminal justice. Shortly after Weinstein was arrested, an MRI revealed a cyst the size of an orange on his brain’s frontal lobe, the part of the brain that governs judgment and impulse control. Weinstein’s lawyer seized on that discovery, arguing that the cyst had impaired Weinstein’s judgment and that he should not be held criminally responsible for the murder. It was the first case in the United States in which a judge allowed a scan showing a defendant’s brain activity to be admitted as evidence to support a claim of innocence. The Weinstein case marked the dawn of a new era in America's courtrooms, raising complex and often troubling questions about how we define responsibility and free will, how we view the purpose of punishment, and how strongly we are willing to bring scientific evidence to bear on moral questions. Davis brings to light not only the intricacies of the Weinstein case but also the broader history linking brain injuries and aberrant behavior, from the bizarre stories of Phineas Gage and Charles Whitman, perpetrator of the 1966 Texas Tower massacre, to the role that brain damage may play in violence carried out by football players and troubled veterans of America’s twenty-first century wars. The Weinstein case opened the door for a novel defense that continues to transform the legal system: Criminal lawyers are increasingly turning to neuroscience and introducing the effects of brain injuries—whether caused by trauma or by tumors, cancer, or drug or alcohol abuse—and arguing that such damage should be considered in determining guilt or innocence, the death penalty or years behind bars. As he takes stock of the past, present and future of neuroscience in the courts, Davis offers a powerful account of its potential and its hazards. Thought-provoking and brilliantly crafted, The Brain Defense marries a murder mystery complete with colorful characters and courtroom drama with a sophisticated discussion of how our legal system has changed—and must continue to change—as we broaden our understanding of the human mind.