New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-01

put his defence on the ground Of insanity WAS hrs
announced. il produced good deal Of alsrs in the
public mIrd-an asrn which found expression, a
isna ural IN such cases in the columns OF severa
city newspapers. The result Of the trial must, We
tn nk. satisfy the public that there Is less danger
than Rad beef supposed that this plea can be sue
ees.fully abused as a means Of escaping the legal
punishment Of swndlDg Nevertheless, consider
ira tie character OF the medical testimony given on
the trial, and 81 many the authorities cited for tie
defense i. would .ee very desirable that the pro-
cetdDes in cases where insanity is set up should be
put upon ground somewhat different from that
Upon v h'h they stand at present.
Their sat.a.ute Of this State and very just
and re able one, which provides for 8 separate
and pre- nAry investigation of the plea OF ms ,n!y
HheLeyer tie prisoner chooses to avail himself OF
| II. We see no reason Whatever why this method Of
procedure should not be made imperative in al
cases. The question Of sane or not is difficult
enough, especially considering the new views on
the subject of insanity now current with the medl-
cal profession to tax tie whole energies Of court
| and Jury without being mixed up with all the O:her
questions, Of fact and law which rise in an ordinary
defense oa the meri,s. II The prisoner is really ~
sane and en- tiled e. an scquittal on hat ground,
all the time lsbor and eN >,nse, often very great,
enIov,d in the il YES g.iiou e the charge against
him !. inst 50 much time, labor aud money thrown
away. We couceiye also, that il would be great
safeguard sRainst the abusive employ uent of this
defense, Ia require i; to be made IN special and
dat motive proceeding. As long as insanity can be
thrown into defense as sort Of make weight 10
supply ito lightness in other respects, and rather,
perhaps. with a view of distracting and confusing
the mind. of Jury than with any hope of posi-
tiyeiy convincing them il will be- apt TO be used in
many cases in which the counsel would hardly VEN
ture upon il were they required to present it by
itself
The experience of this Huntington case serves
also 10 show The necessity OF requiring by law that
due notice that tie defense Of insanity is intended
should be given to the Government, and that in all
medical examinations to be made of the prisoner
with view 10 testimony to be given on the trial
the Government should be a partIcipa'or. The in
tercss Of the Government is just as great as that OF
the prisoner and his friends to prevent the prisoner
from being convicted, if be il actually insane.
Punshnents are prescribed not for madmen but for
e,u,inal,-sv all the authorities, from the Judge to
the turnkey, regard the matter-and there cannot
be doubt that such an arrangement, in ell eases of
real insanity, would be not !ess fer the interest of
the prisoner than for the security of the public.
We see not how any objection could be raised
10 such o require nen', except on the par; of
those to whom the acqui.tsl OF 3 criminal,
not the protection of an insane person,
was the object in view. 1t might indeed be highly
proper to require that, in such cases the person
alleged to be insane, should be placed in some
pub ic insane asylum for length Of time sufficient
10 allow complete investigation t. BE- made of his
case. There are undoubtedly many cases OF un1ues-
tiopabe inssnity which are not obvious to the
common observer, cases in which the insanity can
,ply be detected by careful and somewhat pro-
tIacted scrutiny Take this very case Of Huntirg
tins for instance; if he was insane his case was
one precisely Of this sort and We must say thai II
his fiiepds ard counsel resy believed him 70 be al
InssI man, they have managed his case in most
inefficient, if rot in most careless and cruel
utuner.
Here. indeed. matter arises which extends far
b, ,ond this case and all other criminal cases, aud
witch every man and every woman, without any
great stretch of imagination may at once bring home
TO themselves. insanity is disease, physical dis
ease to which every person is liable; aud ~ every
person is liable 10 this disease, 80 every person Il
liable 70 be charged with it, though he or she has
not got it, Ii is no unusual thing that friends and
relatives dissatisfied at the way in which man
spends his money, and generally manages his per-
sonal and domestic affairs, or desirou' fDr other
reasons 10 have him or her out of the way, would
Ike very we'll 70 send him or her to mad house
How many men are there in this city whose cSSeer
il gone into with minute accuracy, would SAlsh
quite as many indications of iosani'y as were
submitted to the consideration OF the two medical
witnesses in the case of Huntington! Rather let
us ash, How many men and women are there in
this city, of the age of thirty FIVE years and up
wsrd, whose memory, without being very much
tasked, could not summon up hss not certainly
of criminal acts which the law Furnishes, but rever-
theless of foIes, frivOGtes deviations from right
reason and the strict rule or rectitude such they
would by no means like TO see arrayed against them
in court of justice and published in the newspa-
pers And yet, according to the precedent afforded
By the case of Huntington, on the strength of tes-
timcny ike this, carefully collected chiefly perhaps
from a mans own companions in some hour OF
over-frankness, and backed up by the opinion
Of two medical gentlemen whe had seen him once
or twice for half an hour or SO, there is not man
or woman among US who might not be put IN dam
ger Of being sent 10 q msd-hOuse
1t is plain that there are medical gentlemen among