The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-09-18

CRIME AND INSANITY. it be that the
human race has arrived at such state of perfec-
ton that no one but an insane man will commit
horrible crime, that juries unwilling to con-
vic; one of their own species of any foul deed,
certain it is that hardly trial takes place, or n
sentence pronounced, but is accompanied or fol-
loves by plea ofinsanity, either in mitigation
defence. The next rumors following the account
of some brutal murder or bold robbery, tend to
convey the idea to the public mind of the insanity
OF the accused, or of the symptoms of it in his
lations and progenitors even unto the remotest
degree. If the prisoner himself cannot, through
the aid of his friends and ant-capital punishment
advisers, rake up enough eccentrieities in his
character to present hopeful case, the family re-
cords are overhaued, and the story is promuga-
ted that INSANITY runs IN the blood of the race
In the case Of Freeman, who was lately sem
fenced to death at Auburn, twenty-four sworn
men have decided that he is not insane, but this
does not conclude the matter A moroseness of
disposition, vindictive heart and blood thirsty
appetite. are the grounds upon which pseudo phi
lanthropiss base their pleas for pardon, and con-
Tend for his release in persevering spirit worthy
OLA better cause. They say in effect, Here is
man who appears stupid, and such one could
not by the laws of nature be Intentionally guilty
of half dozen murders. 1t is not probable, in
deed it is impossible; it is contrary to the feelings
of a man therefore he is instgated by the devil,
and mnst not be held responsible for his acts"
The Governor has very properly refused to grant
the petitioners their suit, and now writ Of error
will carry the case to the highest court, and few
months be gained for the life of wretch harden
ed i'm iniquity. Should such pleas, based on such
grounds, DE listened to, murder after murder
would increase throughout our country, till a
committee of safety would be appointed as in
oden time, and summary justice be melted out
according 10 the deserts of the offenders.
Spencer's trial for the murder of his wife, now
IN progress is another case. The defence as
usual, is insanity but although we believe that
there some features being presented upon the
trial which tend to prove that the prisoner is and
has been beref of reason, we would ask why il is,
that when symptoms of insanity so evident, and
moreover marked with feelings of revenge for in
1unes imaginary or sustained, no care is taken TO
prevent those occurrences so liable to take place.
when crazy man goes about breathing VEN
geance against wife who has excited in his mind
the worst Of feelings, ealousyl
The horrible murder of hs wife by Russ
short time since, was, no doubt, premeditated Inv
a man who was determined to risk the conse
quences OF the law. His declaration when cauybt
that " they might hang him soon as they damn
pleased"-his efforts TO escape, and his previ.
Gus conduct, prove a cunning and reckless dispo
sitioD, inconsistent with destituton of reason !;
but now counsel has been seen, the case is clear
but one chance is left for escape; and that chance
is grasped at; for the prisoner, according to all
accounts, proves to be hopelessy insane.
We do not desire, in any way, to prejudice pub
lie opinion in this or other cases but, we do say,
that these pleas of insanity and somnambulism
are. generally, frauds upon the administration of
public justice. And their number goes step by
step with the movements of those who would
abolish punishment by death. The object OF the
later, undoubtedly, is to enough acquittals
10 substantate an old argument of theirs, that
Junes will not sentence a man to death. The
punishment for some OF the higher branches of
forgery and burglary is imprisonment for life A
criminal engaged in his nefarious pur suits and
liable to be detected would, in case tho sar,e
sentence were to be pronounced as ON rp,,.
derers, argue in this wise 80" am in dan
ger OF being taken, convicted, and sentenced
TO life incarceration if remove this or that
man may escape if detected in that I
am no worse off than beforezI have every
thing to gain, and nothing .ros't6sS -srs ANY
human being possessed Of common sense can fol-
low out the effects of such a law, which would
open wide field for the qualification Of every