Arkansas true Democrat., 1859-07-13
Number 40.
The plea of Insanity.

| 1hls plea so often raised in criminal cases within the last ten years, is rapidlv falling into disrepute, from the fact that it is now thetegal panacea, used indiscriminatelv. by the scientific and the quacks alike in the profession, in all cases, with or without diagnosis, as the case may be. The fre- quent application of this legal nostrum, in cases of the most indisputable sanity, as well as in that of the most confirmed luna cy, excites now, in the minds of jurors and the public, little attention or inquiry, from the utter want of faith reposed in the sin cerity of the plea. It is viewed as "lawyer's defence, "a hook thrown out in desperate case, with the hope that by some chance it may grapple and hold on to some credulous jurors fuctuating opinions, and so cheat the penitentiary or the gallows of their dues.
 The plea has been run into the ground, = until 1t Is doubtful whether positively in sane man would not be damaged by this plea of insanity. Itexcites derision instead of winning confidence An illustration of the way in which this very popular plea, in criminal cases, is sometimes most ludic- erously misappropriated, was presented last Tuesday in the circuit court of Richland county, Illinois. A stout, hearty looking lrishman, was indicted for stealing certain old clothes. Prosecuting Attorney PRES TON read the indictment and opened the case with statement of the evidence which would show that the culprit did steal an old hat, an old comforter and an old coat.- Two very enthusiastic attorneys, one from Jasper, and the other from Lawrence, ap- peared in defence. The evidence was rough ly handled, and treated with less dignity than the old coat and shocking bad hat, hanging OH a post for the view of the jury. Among other pleas vigorously argued, was one which was uttered with much gravity and solemnity-that of the probable "in- sanity of the prisoner when he took the said old clothes. A smile, with difficulty repressed, ran around the court room, as this plea, full formed, made its appearance, and was eloquently pressed upon the iurv. If there was any hope for the purloiner of old clothes, 1t was in this time-honored plea of Insanity. Most listeners, however. supposed it would end with the plea, and that no more would be heard of it. But plea which had done much " desperate good service" in cases of the dearest guilt must not be despaired of, nor omitted to be em- bodied in an instruction PRESTON closed for the State, and then the instructions came for prosecution and defence-four of them-and then fifth solemnlv bringing up the rear-''that if tbe jury had any doubts of the sanity of the prisoner at the time of stealing the clothes, they should give him the benefit of the doubt" How Judge MITCHELL sustained his gravity when reading that instruction, we do not under stand; but the ludicrousneSs of 1t, gravely as 1t was put Tn, the comicality of the bur leSque upon the plea of insanity was so ir- resistably Imaginable, though argued by the defence with the sobriety of judges, that poorly suppressed 'snicker' broke loose from the members of the bar The plea was in vain-the instruction vain-with that jury.-ln ten minutes, they returned with written verdict, finding the prisoner guilty of stealing that old hat, and that comforter, and that old coat-all of the 'value of nine dollars''-and sentenced him to one years Imprisonment in the penientiary.
 We imagine that after this, if any ven- turesome attorney hazards his case on the plea of insanity, somebody will be on hand to remind the jury of the hearty. looking Irish gentleman who was presumed by his counsel to be |" insane,' because of stealing limited stock of ." old clothes. ."-sS. Louis Republican