The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-09

ton. Probably he did not like TO answer because OF
the extreme dim,caity OF legally defining insanity.
casethe character OF the Commodore, his life and
circumstances, the circumstances under which he
had manifested certain tralts-which made the Doc
tor loath to answer - definitely as he Otherwise
would do.
Mr.. Tituswen, the object is OF course TO satisfy
the mind OF your Honor.
Cross-exarninationc ontfnued.-Q. Have You known
many cases, Doctor, where a man was entirely sane
insanes A. Il have. They are not infrequent.
Judge sutherland said there was always great
difficulty in determining these questions of insanity
There was here man OF intellect and education.
with most OF his faculties ripe and strong as In per-
sons Of ordinary condition 1t was but natural that
ture well as the law OF the land gave him custody
OF them while minors and makes him responsible
and proper that he should be heard upon the subject
OF their marriage, especially OF his daughters Here
was q man, too, who had spent a portion OF his
manner on board man-of-war, member OF one OF
the first families OF the land and a family imbued
with the first principles or honor aud family PRIDE
II this aalrhad set hun to kissing aud hugging his
daughter and sm-in-law IN an extreme manner peo-
pie would have said he was crazy, and II 1t produced
passion and expressions OF anger would they not say
the same thing IL was an ontnowng OF feeling in a
natural channel, and might produce condition
which would induce the commission OF great crime
The rule had been adopted in the recent case OF
General Cole at Albany, where the jury found
that the prisoner was sane at the moment before and
the moment after the commission OF the homicide
IL was the mode IN which a man acted, considering
the causes which produced those actions. which
should be considered. IL would be very singular IL
q man should laugh when he ought TO sc0d or betray
violent temper when he ought to be glad. IL mans
daughter made runaway match and Is taken out OF
his care by man whom he does not know or like,
and therefore gave rise TO extreme Tits u passion on
his part II could hardly be called insanity Probably
this passion In the Commodore was carried 10 eX-
IRENE and counsel wanted the doctor to say whether
that was IN his opinion insanity
Mr.. Titus then argued at some length on the ques-
ton OF the UNREASONABLE competency OF persons
holding the office OF this witness TO decide such
matters to show that when such bursts OF pas
sion go to extremes the mind was brought TO a Sc
we're strain and would break. That would be, as a
result considered insanity.
DIR. Brown said that when he first heard OF the
&c estino that In view or the CommodOre's then un-
improved condition he believed IL would have been
much better for the Commodores ultimate condition
and recovery II this proceeding had never been IN
stituted. Its effect would naturally be TO excite
him.
Judge Sutherland said II Commodore Meade did
say what had been charged in the aiidavs, and had
actually taken his wifes llfe he Thought the Commo-
dore would have been perfectly and morally resoonSi
BILE, and it would have been one OF the greatest
crimes he could commit There was no such thing
be Recognized by the law as uncomfortable temper.
the real question was, did those bursts OF passion
proceed from insanity
A long desultory discussion here ensued between
the Court counsel and witness upon these questions,
and counsel for the respondent inJlmaed desire 10
produce other testimony on the subject.
Judge sutherland decided to exclude any further
evidence and ultimately dlscharg ed the Commodore,
who was warmly congratulated by his friends and
shortly afterwards left the court In their company.