New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-10-10
the mines Of California cannO, buy goes hOnored Of


fifty times iofsxorl may ride IN year over TIE gu
ter m which bis rssr oil mistress has been ,hroNn
Horrlble-hofricle iili>tlCe Blu, there D a God .
heaven and Judgment % come
arTaign law Hilrl * 50 fcaFfully unjust, n r.
self criminal arrsugali az the bar Of God 10 Whoa
communities ike individuals, must answer Tor ,hsf
crimes auaigu - before that vicegerent. OF whos
the Almighty has placed u every bosom. eternal, "a.
sweryabe conscience | arralan 10 before the nObA
pulse OF the great common heart Of mlnNlnd cnanss
your lave defend The poor victim OF lust Ad guile
punish and disgrace the vile seducer. Tooocg. PER
iurer murderer IN one laval IN oncor ~ Won vi
Motif you Will permit the fecolesi injustice 20 a.
unpunshed II WoIau'S defense. weak q, she . ~
nature and EDUCATION. seems 10 be len 10 her o~a
hands. excuse the homicide her Nonscanc h Gods
Justce-that Justice Nhica You canne' 'eiise 10
execute.
But gentlemen. orr business IS with the defense.
the law DOES give. We >ay-lSt that thiS glr MAS
frenzied, not by passion, but BY suffering md DIS
ease that she was so oppressed D. trouble. sleep
l6ssneSS. fasting and actual disorder Of her physical
state, that She was not herself. and was not crnl-
nally responsible.
This defense Is what the law classes as manly
defense long recognized, though IN the infancy Of
knowledge II was seldom IN practice succeSStui !.
our orelathers IN their treatment OF the insane Gs
PLAYING a bar5ar SIN almost nconcenaole mans
and stripes, dungeons cold, hunger and naNedness-
these. IN the infancy OF the law, were the a1ponief
portion of the unhappy beings whom ""d mad
stricken
In the infancy OF the law-yea. up 20 our oNaday
State, II needed angel IN wcrf'n'S Torn %
shame us into mercy To the deSollte manlacs wAo
belonged TO and IN ITS dealings wi.hthos arcises
OF crme the law began with brutal rgor, ana yg
blinds her ewes somewhat 10 the humane teaChngg
of modern science Theoretically, indeed. the lax
protested not 10 correct those VINO kne" not what
they did but practically many a man IA, swung
upOn The gibbet whose head was nnQe.lci 30, "
crime but by disease 1 use the phrase no. cra-.
nallV responsible through disease because ine sot
INSANITY confines the uo,lon Of TTcSpon>billiN Win
q NJ fr,ASx no ~
expect 10 person devoid Of Sense-.ixe au Mot
or mna'lc-that Is one who at intervals Supposed
Of old to have connection with the changes 90 he
NOON Is out of his hesd-VOld OF sense en- thcggh
persons IN that state OF mind are not crmua. yte.
sponSble, they are not the only persons @ho te ~
OF old, indeed, Judge held that 10 be excused hon
crime man must have no more sense man brute
and To use the language OF learned judge IN
ter State, the law IN Us slow and cautious progress
still ags far behind the advance oftrue knowletge
But, the practice OF the Courts, both OF Judgesaf
Juries. establishes the correctness of the doctrine
that there exists state of mind when men Gre.
sponslbe although their intellccts are nor. IN one
sense, insane. though undoubtedly, IN another. they
are SO.
But u will be convenient for us, gentlemen TO
state this matter more particularly and meInodIcaiy
shall, therefore, beg Your attention 10 the following
propositions
4 When there Is no free exercise Of VIII there Is
crime.
.. There is a state of mind and body when, al
though ordinary subjects the intellect IS sound,
yet deluslon, disease or frenzy governing or actu-
ating the WILL the accused by law, insane and So
irresponsible
B. The unfortunate girl at the bar was, the COM
mission of this act IN such state OF mind.
/. When there is no exercise Of viii mere - no
crime. Common sense teaches III blGcAS.0afs
COM, 20
,. We come to the second proposition. ThereDs
state of mind and body when, although ON ordinary
subjects the intellect Is sound, yet dcluSlon disease
or frenzy governing or actuating the VIII, The ac-
cuSed is. BY law, IRE pOnSlnIe.
In old times, and up to the Time OF Blackstone, the
law did not recognize tins state OF mind In speak
ing of the defining OF viii which excuses from crime
he Says)-l BldcksfORe, n.
Idiots and LtDatscs are his only DIVISION Yet In.
sane Asylums filled with persons property con
fined there who are neither
Yet the law cngS to It's old formula and Ia this
very day the language of the law is SNAPPED upon
that basis yon no doubt VIII hear betor" TINS trial
Is over from our learned antagonist, Hh' ,ht pTac.
ce OF Judges and of JuTies sustainS thc doctrine
lay IL down.
The first modification OF the old law which m.
crease OF intelligence produced was n the famous
trial of Hadhold, and was the fruii MAINLY OF the
wonderful talent OF ErSkIne-DeGn 53i.
Hadheld was perfectly intelligent umit,ed the
act with full knowledge that the law fofbad. ~ and
that he should die Tor t-and for thar reason, but
with the notion that he ought, because he was new
Savior, destined 10 ole for mankind. lie knew the
difference between right and wrong, yet Lord Ken
yOn stopped the trial and directed an arluittal.
Why Because there was not free exercise OF
wrong thing.
The case OF McNaughion Townsend -, Trlals,
another Illustration at once, of the pefllnscouS
cnging To the old-fashlonei statement ct ne law.
that to be irresponsible a man must nor kno" right
from wrong, and OF decision by the Judge, directly
in the teeth OF II.
Men. was Scotchman, proved 20 posse. "A full
share of practical prudence and Shire "dns's Let
tiers In regard 10 money transactions were produced
In evidence showing his possession % quite as much
ability IN the affairs of life as IS found every day, II
not more. His oHenSc Was characterized ny great
daring and days OF deberatlon. lie shof b., victim
IN the back, taking him, doubtless for sir Robert
Peel actuated, II was proved by notion tnat the
Tory party men continually prosecuted nm and he
took tnls method OF revenge
(. J. Tlndal suggested 10 the Solicitor General TO
stop the case yet IN ms charge 10 ht Jury, be-
fore their verdict. put the on the ola ground
- Did he know night from wrong"
The decision was right and so the verdict
not because the prisoner did not know pgh' from
wrong he did but because there was not trcs ex-
erclse OF his Will He was impeled ~ imaginary
fears AS to his safety. And II is worth Yne re-
marking IN passing, that IN Beinghams Ease, tiled
some years before for Onense identical Difn that
of McNaughton, shooting Mr. Percvai, eyacily ,he
same udIn OF clrcumstances were proved, "a Set be
fell a victim TO the miserable formula g. the old
law-"to the eternal disgrace" says 'laucelot
Brcugham, "of the Count which trled hun
But shall be mt IN these cases by the reply that
they were cases o. deluSOn, and that tGey came
under the rule lad down by Lord ErsNne n Had.
connected nth u.
answer, not so; there IS no similarity. In Had
he DIS case he conceived his path Of dut, BE- con
nected with his crime. These men only toOk re-
VeDge for imaginary injuries
And answer further that there are many cases ~
England, and IN this country where persons have
been acquitted as not cIimnally Responsible when
there has been 10 illusion whatever (see me case
Of Reoecca Hodge-HmsioU's Pt. Of ms. 49, Here
the Court almost Greeted an acquittal
Obviously the Court regarded this poor gr. as BE-.
ing too hight minced 10 have VIII. Not mat she
didn't know right from wrong evidently she did
cate these cases gentlemen, 10 prove 10 yOu what
lay Gown As the truth Of the law that whatever ~
ancient fOmua, rs real state Is TIA, wAeneyers
Jury think the act Was; committed under cTcum-
stances which show that Il done without free
exercise OF Will, the actor held irresponsible
although he knew rIgh. from wrong m the aDstfac
and IN the cases have cited, perfectly understood
the consequences Of the act and although the act
dad not grow ont Of any delusion
But there are cases Ia this country Wnlrh require
notice further illustrations of this torTfoa