
    * Commonwealth versus Joshua Hathaway
    Where one indicted capitally discovered signs of mental derangement upon his arraignment, a jury was sworn to try whether he was of sane memory ; and, a verdict being returned that he was nonsane, he was remanded to prison.
    The prisoner was indicted at the last May term in this county, for the murder of one John Richards; and, on his arraignment, at this term, discovering strong' marks of mental derangement, though he pleaded not guilty to the indictment, a jury was impanelled by the direction of the Court, to try and determine whether he were sane or not.
    The jurors were sworn thus ; “You shall diligently try, and a true verdict return, on behalf of the Commonwealth of Massachusetts, whether Joshua Hathaway, the prisoner at the bar, who now stands indicted for murder, be of sane memory or not, according to your evidence and knowledge."
    
    Sundry witnesses were examined ; and, during the examination; the prisoner often interrupted them by wild and incoherent remarks, and from his whole manner discovered that he was under the influence of a religious frenzy. »
    The jury returned their verdict, that he was not of sane memory, and he was remanded to prison. 
    
    
      
       See H. H. P. C. 34, 35.-4 Black. Com. 34.
    
     