Sunday dispatch. [volume] (New York [N.Y.]) 1845-1854, 1852-03-21
SUNDAY mORnrxe, MARCH 81, 1852.


SUNDAY MORNING. MARCH 81, 1884,
What is Theftg
Theft. Webster defines IS the &C ''fslonious TAX
ing Of property privately from another-sne act
OF s'aaling--ths thing stolen" In criminal Ja-
rispradenoe, the same IendeTing is given to the
act, that tho photographer gives to the word
and when prisoner is brought to judgment, the |
cause which led to the perpetraticn of the Of
fenco is not taken into consideration. In the
opinion of societg, the more glaring tho viola
tion, the seyerer should be the punishment
awarded.
II, &c is true, il can be proved that the offend-
or at the time of the preparation of the ofense,
was irsans the node--nOt the puuishment-of |
imprisonment is changed A man to be so dealt !
with must be proven, not to be insane on one
poin but, totally unsound in mind before even
this indulgence is granted. If insane, the par
ticuag alienation is not attempted to be cured
that is, if the mnd is diseased, it is not recog-
nize by the faulty as embraced within partic-
ular locality. For instance it may be shown
thst p man of wealth, without appsrent incen- 4
tive to the commission of theft, steals from
neiRhbor a trife which is of no possible value,
and which the owner, if asked, would have will
lingly presented the thief; or which could have
been purchased by the criminal had he wishedto
come into honorable possession of it; yet the
thief knowing this, why is it, that rather than
ask for it, he prefers resOrting to the violation of
a social law to obtain ownership z Surely, no
one, IN justice would say that depr2vity, and not
disease, was the actuating cause We are dis
posed to think that much of what is considered
crime results rather from disease tina from strict
" evil propensities, and in sapport of our theme,
we shall instance several remarkable cases Our
object is to arrest public attention, and desire it
to analyze the important difference between sup
posed crime and disease. We are anxious that
generalties in this, as in other prejudices which
curse community, may be done away with; and
that that mischievous word "depravity," used
too often to the injury of society, may be en-
ployed only whore it properly belongs. May
there not, then, be instances where contumely
and punishment are inflicted upon really inno-
cent psrsons--althorgh those persons have been
proven guilty in the eye Of the law. Phrenolo-
ey declares that particular organs may be tenn
porarily OF permanently diseased, and however
the patient may strive to resist temptation, be
forced even in opposition to what's termed "bet-
ter iudgment,' to commit an injury. We know
tina, if such plea were set up, in all truth, by
an unfortunate priaoner, it would avail him moth
ing a. the bar Of Justice He would the sooner
be condemned for employing such defence. Law
enters not into metaphysical distinctions It
only recognizes the effect, and passes over the
cause. There are technicalitles and subtleties
enough iu judicial institutions now, without Of
fering TO burthen itself with those nicer distinc
tions which govern mind. Thou shalt not
steal,'' is declared to the erring mortal, " if
thou doest, no matter what the alluement, thou
shalt ba punished" "An infraction of the law
is opposition to sooety-he who aggresses by
breaking through tao barriers set up by commu-
nifty is afelon and rebel, and should be punished
There ig no distinction recognized between the
cool, calculating depgedat0r, educated to despoil
his noighbor, and the oulpfit who is such from
mental or physical causes. Each have been
guilty Of tho same ctime-but from entirely diff
ferent causes Each are punilhed alike This is
the distinction in crime which we are desirous Of
calling attention to. We shall here give some
instances as illustrative of the disease, or fever,
in the organs of aecretiveness, sslfappFopria-
tiOn, etc
There is an interesting young lady in this city,
whose educatian is as finished as her form is
one of our wealthiest citizens Her slightest
wish is attended to by hsr parents. They are
fortunately, wealthy, and she has all the appI
ances whioh means can procure or love purchase
down to TEA IN 9 irIsndfs s house witnott ptflofh
ing whatever may excite her fancy. Teaspoons
knives, cups, saucers, and even plates, have beer
found upon her person. Her disease is so wei
known, that her friends tacitly permit her tt
carry away whatever she fancies On the day
following they are restored. When this unfor
tunate lady visits store where her propensitie
are known, clerk is required to particular.
observe her movements, note whatever she Sc
cretes, and send bill for the property to he
family. The poor creature is fully aware of he
unfortunate predictions, and repeatedly de
clares that she cannot resist the temptation, onc
her mind is setl upon the PARTICLES she wishes t.
purlOin. She is fascinated, as it were, and can
not resist the pleasure of stealing, although sh
may have in her hand at the moment, enough t.
purchase a thousand such. In Inconsequence Of he
in6rmity, she seldom enters an establishment
where she is not well known-nor a house wher
there are strangers. This girl, on the othe
hand is exceedingly charitable, and disburse
with free hand and sympathizing heart, to III
poor A tale of woe or misery will move her t.
tears; and if she thought she could relieve tn
sufferings of others by sacrificing her own happi
ness, she would not hesitate to adopt the latte
alternative. From her earliest years she ha
been afflicted with this disease 1t is therefor
fair to suppose that it will abide by her to tn
grave Would it in this case be just, if caugh
stealing by strangers-among whom she may
- =. IL. - 60
an eminently mental defect? The reader pei
haps VI ould, understanding her case, permit he
to depart in peace; the stranger looking upon tn
surface, would see but the effect, and condem
her to abide with felons
curious case is mentioned of a physician
eminent in his profession, in the city of Dublin
Ireland. who was afflicted with a similar mono
mania He was not only wealthy, but enjoye
an extensive practice. 1t was often noticed tina
when he left the house or chamber of patient
some article of greater or less value would b
missing which was known to be on the premise
previou to his visit No one ever presume
that he vas the purloinsr To such pitch a
length became this peculiar disease, that h
could not abstain from clutching whatever cam
within his reach. To satisfy this active faculty
he had o large cloak made, with huge pockets i
the Innings, and into which he thrust the article
6lched He was at length detected in the act c
stealing ladys dress On examining his cloak
stockings, shoes, caps, shawls, old rags, watches
spoons, hats, and even carving knife, wer
brought forth from its recesses. On examinin
his house, a room WAS found filled with ever
imaginable description Of utensils. He declare
that he could not resist the temptation to steal
There was a pleasure in it which he could no
overcome. When once they were in his pos
Ioct
Shame kept him from declaring his weakness
and finding he could not resist, he resigned him
self fully to the unfortunate malady On hi
trial, these facts were stated to the court they
however, availed him nothing The law wa
imperative He was sentenced to Botany Ba,
for seven years.
The son of q clergyman in Brooklyn had pc
culiar development of this disease His case wa
mentioned 10 this paper a little over two year
ago. His desire was to appropriate women
shoes When the fever came on, he would pus
a lady down in the street, pluck slipper fror
her foot, and run off with it. When arrested
his father came forward and affirmed that his so
was unfortunately afflicted with this mania fror
his childhood The prisoner was, from this an
the lady's declining to prosecute, liberated. II
subsequently went to Ohio, whore he repeate
the very same act, but not being shielded by tn
influences which were thrown around him a
home, he was, if our information is correct, pun
ished for a wanton assault upon lady, and ais
for an attempt to steal. In other respects thi
young mans character was irreproachable. H
could not resist fascination which had take
entire possession of his soul. Let the conse
quenceslbe what theyyOuld, theman was force
to satisfy an intense, and as all will admit, sin
GUAR and ridiculous longing. His tempOrar
imprisonment will not cure him The cause mus
first be reached, and when the fever of particula
organs are allayed, he will be restored to ments