The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-07-25

CAsEs.-This question has attracted recently great
attention in England, doubtless owing in conside-
rable degree TO the discussions arising out of the
melancholy assassination of Mr.. Drummond by Nc
Naughton On the 10Th Of last month, the opinion
OF the Judges in answer to several questions pro-
pounded TO them, was delivered in the House of
Lords The opinion was given by Lord Chief JUS.
tice Tndal, and is as follows:- '
Ii was not necessary on that oc casion to enter
into The facts OF any particular case 1t would be
wrong TO do so, as there was such an endless var-
ETY., all and each attended with such improbable
circumstances, that general rule could be laid
down. Every case must be decided by its own par
ticular circumstances. His Lordship said, as the
subject was about TO come under the consideration
of Parliament, the judges had not lost any time IN
considering the questions submitted to them; and
as they were unanimous, with the exception OF Mr..
Justice Maule, they did not consider il necessary
to give their opinions sr1dfin The hrst question
propounded for their consideration was follows =
"What is the law respecting alleged crimes COM
mitted by persons inflicted with the insane deluslon
in respect q one or more particular subjects or per-
sons; as, for instance, where at the time OF the
commission OF the alleged crime, the accused knew
he was acting contrary TO law, but did the act CON-
planned of with view, under the influence OF in
sane deluson, OF redressng or reyenslng some sup
posed grievance or injury, or OF producing some
With respect to this question, the opinion OF the
Judges was that notwithstanding the party commit
ting wrong act when laboring under the idea of
redressing supposed grievance or injury, or under
the impression of obtaining seine public or private
benefit, he was liable to punishment.
Second question" What are the proper ques
tions to be submitted to the jury, when person
alleged 10 be inflicted with insane deusion respect
ing one or more particular subjects or persons is
charged with the commission OF crime. murder
for example, and insanity is set up as defence"
The judges, in answer 10 this question, wished
him TO state that they were OF opinion the jury ought
hat fhofn hon
sdered of sane mind, unless it was clearly proved in
evidence TO the contrary. That before plea OF In
sanity should be allowed, undoubted evidence ought
to be adduced thatte accused was OF diseased mind
and that the time he committed the act he was not
conscious OF right or wrong This opinion related to
every case in which party was charged with an
illegal act, and plea OF insanity was set up Every
person was supposed to know what the law was, and
therefore nothing could justify wrong act, except
it was clearly proved the party did not know right
from wrong. If that not satisfactorily proved,
the accused was liable to punishment, and it was the
duty OF Judges so to tell the jury when summing up
the evidence accompanied by those remarks and
observations as the nature and peculiarlties OF
each case might suggest and require.
With regard TO the hirdquestion, wiz" In what
terms ought the question to be lett to the jury as TO
the prisoners state OF mind at the time when the
act was committed ?"-the Judges did not give an
opinion
The fourth was
"If person under an insane delusion, as to ex.
thereof, is he thereby excused?'
The answer to this question, that the Judges were
unanimous in opinion, that the delusion was only
partial, that the party accused was equally WIN
in self defence, he would be entitled to an acqutta
but il committed for any supposed injury, ne would
then be liable to the punishment awarded by the
laws to his crime.
With regard to the last question
"Can medical man, conversant with the disease
OF insanity, who never saw the prisoner previously
to the trial, but who was present during the whole
trial and the examination OF all the witnesses, be
asked his opinion as to the state of tine prisoners
mind at the time of the commission of the alleged
crime, or his opinion whether the prisoner was con-
scious at the time of doing the act that he act
ing contrary to law or whether he was labOrlng
under any, and what, deluslon at the time p
The Judges were Of opinion that the question
could not be put to the witness in the precise form
stated above, tor by doing so they would be assum
ing that the facts had been proved. That was
question which ought to go to the jury exclusively
When the facts were proved and admitted, then the
question. OF science, could be generally put %
witness under the circumstances stated in the in
terrogatory
Mr.. Justice Maule dssented from the opinion as
far as it respected the fifth query He had no hest
ation in saying that such question that desert
bed In the query could legally be put to witness.
1t had been the practice to adopt that course. He
had no knowledge of such questions having been
Chief Justice of the Court of Common Pleas, and
the other distinguished judges who presided with
HIM on the trial of McNaughton, having allowed
such questions to be put, was TO his mind suffi-
cient proof of their legality.
Lord Brougham said the House and the country
were under great obligations to the learned judges
for the care and attention they had given to the
subject, and therefore moved that the opinions read
by the Lord Chief Justice be entered on the jour-
nails, as he was certain that an almost unanimous
opinion would be found of the greatest advantage
when in future legisating on the subject. Lord
Campbell was glad this momentous question had
been submitted to the consideration OF the judges
They had been asked their opinion as to the exist.
ing law, and the answer to him most satistac-
tory. They were not requested to give any opinion
as to future legislation Lord Cottenham, Lord
Wynford, and the Lord Chancellor expressed SINH
lar opinions. The opinions of the judges were then
ordered to be printed and entered on the journals.
We think that it is fully time that some judicial
action should be had on this momeutous question
here. Every principle OF justice, and regard for the
dignity and efficiency of our criminal laws, de-
mand that some definite and decisive measures
should be adopted to prevent the repetition OF those
farces which have too often dlsgraced our iudcia-
nv, and sent the assassin and the murderer loose up
on society
THE POLITICIANS The recent appointments in the
Cabinet, land the innumerable changes which are ev
cry day made among the poor office holders through
out the country, have set all the politicians by the
ears Several of the Ioco-foco organs at it tootl
and nal-the Globe and Boston Post, for example
John Jones is floundering away more desperately
than ever and is not half poetical as he used TO
be. The Captain is in sore distress and daily ex
claims, with the sweet singer of Israel" Oh tina
had the wings of dove to flee far hence 20 w,
will have hot work once the Presidential campaign
fairly begins. So prepare.
The Missouri STEAM FRIcATE.-It is now a mat
ter of doubt at what particular period this vesse
may be so perfect in all her changeabe and eve
varying machinery, as to convey the embassy Il
~ - l. l. l. Iav