Eastern times. [volume] (Bath, Me.) 1846-1857, 1851-07-17
ofinsane witnesses.

What degree Of insanity will disqualiry a
man 10 testify in court is an interesting
and may be practically very difficult ques-
ton of medical Jurisprudence. 1t would be
unsafe aud unjust 10 admit the insane on a
par with those who appear TO be in their
ordinary n, entail condition and on the other
land, il would deiract from the requirements
Of Justice, to exclude all as witnesses who
have manifested alterations from the strict
ly normal standard OF the intellect il such
condhlon can be ascerianed. The question
OF the adnissiblity as witnesses, Of persons
not a'tos 10 their right mind, came up
recently m England before Justice Coleriage
o. me Queen Bench, in case OF felony. in
wh'ch one OF the principal witnesses was an
inmate O lunatlc asylum, impressed with
"'e Dtliei that he had 10000 spir,rs in his
stomach, and had conversations wrb Martin
Luther. and Calvin, and other controversial.
ISIS, IN The spHnual world. Obiec,,ops bay.
ing oeen ihaue before he was sworn, i, was
proved ny medical testimony thai he WINS
perieciV rational on all other subjects, and
could give true account Of what Il. had wit.
messed The Judge admitted the witness
bur reserved The point for a foil bench. n.
held that, though adnis,ibih,y WIS a aues-
ton for judge, the parties would be safe in
in weighing the value OF The iesIimony.-
The counsel commended that mental incom-
potency was not divisible, and that person
non conpos on one point was legally so on
all from Considerations of prudence and
safety.
Lord Campbell, Chief Justice, giving the
judgment Of the court, held that The true rule
had been already laid down by Baron Parke
IN case at York, in substantially the same
manner as pronounced by Justice Coleridge.
When lupatc witness is produced, the
Judge must decide whether he has n proper
sense OF religion, aud Is capable Of acting IN
der the obligation OF an oath lie must then
be sworn. and the jury will determine the
worth of his testimony. He held that man
may be non compos in one sense, and COM
pos, and capable of giving testimony 10 the
case on trial and that the witness, under
| the circumstances before related, was adnis-
sible. II such testimony were excluded, the
guilty might fail OF conviction, and the inno-
cent OF acquiIta.
Baron Anderson added, that il all lunatics
were disqualified, all the inmates of an asy>
lum might be at the mercy Of the Keeper
Justice Coleridge said that "the witness
| in the present case, was more Than usually
| instructed III the nature and obligation OF an
oarh." Baron Plate cuncurred
Justice Taliourd said the most disastrous
results might arise from the exclusion OF
such witnesses, "ior thar some Of The wisest
men had been subject to defusions. Martin
Luther asserted and believed that he had
had conflict with the devil; and DR.. John
son was convinced that lie had heard his
mother call him after her DEATH
We have dwelr upon the particulars Of
this case from London paper. because il
establishes the law hat persons affected with
mouonania, are in general competent wit
| uesses, and is therefore of interest TO the
community; there are a great many persons
AT the present time, like Luther and DR..
Johnson, holding intercourse with The spur
it,ial world through the aid Of mediums
Without decisions OF This purport, hundreds
in this and other communities, who in uni
versal estimation are entirely sane. and who
are entrusted with the most important con
Germs OF business, in the srrIciness OF the old
law, might have been held incompetent wit
nesses N English and III American Courts
Providence Herald.