The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-03-19
THE INTERD1CTIoN CASE.
Professor Alexander Dimitry on the
Witness Stand.
TESTIMONY FAVORABLE TO ANTHONY FERNANDEZ

The case in the matter of the interdiction OF
Anthony Fernandez, on the ground of moral and
ply debility impairing the mental faculties OF
defendant In interdiction, to the extent of inca.
pacitating him In the management Of his afairs ID
still occupying the Second District Court, the
whole of yesterday and large portion of the pre-
vions day being employed in examining Professor
Alexander Dimitry, summoned for the defense.
During the examination, question having been
propounded to the learned professor relative 70
the moi. or possession of self,n this gentleman
stated that he had anticipated. the question, and
put in writing the following interesting psyche
logical paper, which was filed in this case
u-r r,-- ..rH. rosszssroN OF sELF." ~.
The analyses OF science, In last resort, admit In.
tellect and sensibility to be two sources of our
Impressions and our Judgments
The former, except in the congenital IDIOT, IL
measuraby independent of the physical organiza-
ton, so far as the more common aud general oper.
alton OF the nd are concerned. The latter Il fre-
quently and abnormslly affected in opposition TO
the sounder suggestions of that faculty, which,
under the action Of free will is intended to be its
Yet intelligence ana sensibiIiy DO not constitute
the perfect sum Of any human existence. There
is another psychological fact, which comes 10 and
claims to be ever present witness of what the
Senses which are the vehicles OF all our receptions
TO the se11sortun1 commune, have conveyed to the
mind, and on which the mind adjudges upon the
act Of such conveyance.
This Psychological fact is one. which tops the
sequel of all facts of intellectual existence with
the exception, here and there of a casual lapse of
memory, which, in that case and pro tdnto sus-
pends the continuity of thought and reflection,
which fxes and settles the self-sense Of indivdu-
alty.
This vital mode of intelligent existence, of
which no one except the born idiot, or him who
from what cause soever has subsequently to q
state of sanity been deprived OF his reason, con-
stitutes what the maxim Of the Roman law-which
is the law Of our own tmss-describes as sui com.
pos being with the possession Of self.
This self, therefore, the moi of the French and
the ictesnaus Of the German philosophy, is the
permanent and principal fact of human indvidu.
aliiy. Ii is the first condition of conscious iden.
tity, which knows. and feels that 1t s self and no
one else while the absence of that knowledge
and the privston of that sense are almost invari-
able sccompaniments Of insanity.
From frequent interviews with Mr.. Fernandez:
from close scrutines, of the object of which do
not think that he could have been conscious, l
have come to the conclusion that he is possessed
of his sense of self, and In my soul and conscience
feel warranted 10 declaring that in my opinion
he is competent to direct the common business
transactions Of life. . r.
The testimony of Professor Dinitry being very
lengthy. we propose to give only few extracts
touching this NEST interesting question of the state
of mind Of Mr.. Anthony Fernandez.
Professor Dimitry, after relating his intimacy
with the defendant and his first visit to him upon
learning of bis serious illness, goes on TO state
that he found Mr.. Fernandez sitting in his
psrlor, who, after some Conversation, said:
1T is not from the gout that am suffering bat
from the moral trouble and the prosecutions that
are exercised against me-"
Witness, after learning from defendants that he.
was before the court for an interdic.
ton proceeded In the course of conversation tn
scrutinize the temper OF bis language aud the
bibition of his mind. Witness brought back to
him the scenes running back over half a century,
and unconsciously to defendant tested him In
various ways 10 find out If possible whether there
was any dlvagation or wandering Of his mind,
whether its opeI alton was coherent; but witness
ailed to detect any deficiency in what might be |
called sound and congruous thinking. Witness |
Jaw Mr.. Fernandez every day after second |
7isit spending at no time during these visits less
han three or fonr hours with defendant. Wit |
less slept with him once, when he had been |
alarmed by some accident in bis immediate neigh.
)orhood, but never once found him but rational |
q all his remarks. As a test of defendants pos
ession of self, witness relates a call upon |
lin by defendants while witness was residing in |
brooklyn, N. Y. in May 1867. when Mr.. Fernsn-
lez called upon him and invited him to dine,
which invitation he could not accept, but walked |
ut Broadway. Met defendant and Mr.. Farrara, |
spanish minister etc., who jocularly said to wit
ices, En- la cinquo bora udDl0s en- cdpiLd. Wit |
less had forgotten the circumstances, but defend
q ls47, at Pass Christian. which defendant re-
allied TO witnesss mind. Witness also states that |
ne day bile conversing about the history of the
ransfer OF the province of Louisiana to the United
tates, be committed an error of date, which was
bjected to by defendant; witness passed on,
ut had hardly expressed few words that de-
endsnt said TO him in French, "But you are mis-
aiken, it was on the 4th December, lS03.u Wit
ess had given the date as December 4, 1904.
lr. Fernandez also recalled converse
|
the public square when he returned from lower
At first defendant did not specially
ecollect the conversation alluded to-. Witness
sked him whether be did not recollect piece of |
erious advice touching his future csreer. He
answered lin French) :"Yes, re.
lember very well now; you advised me to go to
university" And Il sss so. Has always found
with one exception perhaps, self pos.
essed, and in all respects consonant with the
rsvity Of old age. Never saw any dragging of
is right foot, but noticed q slight tardinees of |
ait. Has never in any instance detected any.
hing which could authorize witness to say that
be subject was not in possession of SELF
To the question After all the facts you have
smarked and stated, do you consider Mr.. Fer.
andez IN possession of his mental faculties?v
Answer-lt is my opinion he has the conscious
ess Of self-thRt is the very essence of exist
nee. Without the consciousness of self man
obliterated entiiely. Mr.. Fernandez has the
onscousness of self, the confidence that he is
I'd not somebody else.
Q.-ls a man attacked with dementia in posses
on of himself?
Answer-0f course not.
Witness then testties TO exhibitions Of soU on
Ie part of the defendant. and the case is taken
p again yestsrday. morning.
The testimony was resumed ana occupied the \
)urt during the whole day. 1t is almost entirely
a psychological character, the interesting
1ints OF which to the general public we will en-
'syor TO publish tomorrow.