The Express.
London, England, 1862-11-18 00:00:00

LAW OF LUNACY 111 CRIMINAL CASES.

" The report of an important medico-legal trial
appeals at p. 550. The facts are briefly as follows :—Mr.
M'Cree, a lieutenant in the Indian army, whilst returning
home from India, made, during his voyage, without any ap-
parent motive or appreciable provocation, a murderoos
assault on the steward of the ship. Mr. M'Crea was im-
mediately placed in irons, and continued so confined until
the ship arrived in port. It was for this criminal assault
Mr. M'Cree was tried at the Old Bailey on the 30th ultimo.
Dr. Winslow was the only medical witness examined as to
the prisoner's state of mind.
"We especially refer to the facts et this ease in order
to ahow, not only the enlightened advance made in our courts
of law on questions involving the issue of insanity, but the
marked respect and deference paid to the opinions of a
class of scientific experts who have of late years, for no sa-
tisfactory ramie, been exposed to much unfair attack, and to
great and undeserved odium. It will be perceived that
whilst Dr. Winslow was giving his evidence as to the state
of the prisoner's mind, and previously to his leaving the
witness-box, the judge stopped the case, telling the jury
that .if they were to acquit the prisoner on the
ground of inmanity he would be consigned for life
to • lunatic asylum. In order to avoid so fearful a contin-
gency, the judge directed that the jury should convict the
p_riaoner ' unlawfully wounding.' This they at once did.
Without any further remark Mr. Baron Martin, recognising
that the prisoner was no more responsible for his assault
than a man would be if be refused to walk when
in a state of paralysis—in other words, that his
mind was, when he committed the crime, in •
diseased state—immediately ordered that he should,
after proper securities were given, be transferred to the
care of his relations. All honour to the judge who has
thus inaugurated so humane and philosophic a course of
procedure. How monstrous, after acquitting • prisoner on
the ground of insanity—in other words. after recognising
him to be perfectly irresponsible and utterly incompetent,
as the effect of diseased brain, to appreciate the nature of
his action', or to control them—to consign him for the re-
mainder of his life to confinement in a public lunatic
asylum ! The law pronounces the prisoner Not guilty,'
affirming that he is innocent of the charge alleged against
hirn ; that the crime for which he is arraigned and
tried has not bean committed ; and in the same
breath subject. him to the severest punishment (apart
from death on the scaffold) to which a human being can he
exposed ! Yon are innocent, Merl the jury ; you Were insane
when you perpetrated the act ; • diseased condition of the
organ of thought had quite disabled you from exercising
healthy power of self-control ; • fearful hallucination
drove you to the commission of the crime alleged against
you ; you ceased to be • responsible agent, and therefore
we acquit you. The prisoner, congratulating himself uu
his happy escape, is about to leave the dock anal agaiu
breathe the free air of heaven, when the judge exclaims,
' Stop ! The jury, continues the judge, ' Nay you
are not guilty, and I agree in this verdict. I have now
my painful duty,to discharge. " Not guilty," I admit you
to be ; nevertheless I am compelled by the law to consign
you to Bethlem Hospital, and there you will have to re-
main the companion of raving and violent lunatics for the
remainder of your life.' Can, we ask, such • state of the
law be permitted to coutinue unaltered? Is it not mon-
strous that punishment of so severe a character can be in-
flicted one person pronounced innocent of the offence im-
puted to him ? We hail the humane and philosophic judg-
ment of Mr. Baron Martin as the commencement of a new
and bright era in the criminal jurisprudence of this country.
Dr. Winslow has rendered • great service to humanity by
his persevering labours in defenses of the helpless insane
criminal."—TAt Lancet, Nov. 15.

SOUTH KissiNcrrow Mussuw.—During the week
Baling Nov. 15, the visitors have been as follows :—Ora
Monday, Tuesday, sod Setorday, free days, open frost
10 a.m. to 10 p.m., 14,231 ; ma Wednesday, Thursday, sad
Friday, students,' days (admission to the public 6d.), open
from 10 a.m. till 4 p.m., 2,136 ; 16,366. From the
°partied of the museum, 3,584,134.
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