Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-03-23
'.s 8HE ROssEssION OF SELF.
The Case Of introduction in New
Orleans.
Prof. Alexander DimitFy ON the
Witness stand,

From the New Orleans Crescent of Friday,l
The case in the matter of the interdie.
ton of Anthony Fernandez, on the
ground Of moral and physical debility
impsirlDg the mental faculties Of defend
ant in interdiction, TO the extent OF in
capscitating him in the management Of
his affairs, is still occupying the Second
District Court, the whole Of yesterday
and q lsr0e portion of the previous day
being employed IN examining Professor
Alexander DimitTy, summoned for the
defense. Daring the examination, a
a,ection having been propOunded to the
learned Rfofessor reistlge to the DGot, or
81 Dossession Of self,n this gentleman
ststed that he had anticipated the ques
ton, aud put in writing tne following in
teresting psychological psper, which
was filed in this case:
1.-THE POSSESSION OF SELF"
Tine analyses Of science, tu last resort,
admit intellect and sausibiiity to be two
sources Of our impressions and cur judg-
ments.
The former, except in the eongenitsl
idiot, is measurably independent Of the
physical organization, so far as the more
common and general operation Of the
mind sre concerned. The latter is fire.
quentiy auG GSso-Gslly affected in oppO-
sition to the sounder suggestions OF that
faculty, which, under the action OF q
free will. Is iuteEdsd to be its controller
and its guide.
Yet intelligence and ssnsibility do no
constitute the perfect sum Of any human
existence. There Is another psyehologi-
cal fact, which comes II and claims TO be
ever present witness OF what this senses,
which are the vehicles of sill our psrcsp-
tions to the SsHSOriTJIB1 commune, have
conveyed to the mind, and on which the
mind adJudg % upon tns ss5 OF such con-
yeyanee,
This psychological fact is one which
tops the sequel OF all fscts Of intellectual
existence, with the exception here snd
there of casual lapse OF memory, which,
in that case and pro td1tO suspsnds the
continuity OF thought and reiiection,
which fixes and settles the seII-ssnse OF
individuality.
This vital mode OF intelligent exist"
encs, Of which no one except the born
idiot, of him who, from what cause So
ever, has subsequently, to state Of san
ity been deprived OF his reason, consti.
tutes what the maxim Of the Ii oman law
scribes as SUI cOBlpOS being with the pos
session Of self,
This self, therefore, the MOI OF the
French, and the icheSnsltS Of the German
philosophy, is the permanent and prinei-
pal fact OF human individuality. 1t is
the first condition of conscious identity,
which knows and feels that it is self, and
no one else; while the absence OF that
knowledge and the privstion OF that
sense are almost invaTiable accompSnl-
meuts Of insanity.
From frequent interviews with Mr..
Fernandez; from close scrutinies, OF the
object of which do not think that he
could have been conscious, have come
to the conclusion that ne is possessed OF
his sense of self, and in my soul and con-
science ! feel warranted IN declaring that
in my opinion he is competent to direct
! the common business transactions of
| life.
The testimony Of Professor Dimitry
being very lengthy, we propose to give
| only few extracts touching this mos,
interesting question CT the state OF mind
Of Mr.. Anthony Fernandez.
Professor Dimitry, after relating bis
| intimacy with the defendant and his
first visitI;o him upon learning OF his Sc
rious illness, goes on to state that ne
| found Mr.. Fernandez sitting IN his par
| lor, who, after some conversation, said
| at is not from the gout that l am SUI.
fering, but from the moral trouble and
/ the prosecutions that are exercised
| against me.n
Witness, after learning froA the de
PENDANTS that he, defendant, was before
the court for an interdictiOn proceeded IL
the course of conversation to scrutiniz'
the temper Of his language and the ex
hibition of his mind. Witness brough
back to hin the soeneS running bSol
over half century, and uuconsclousiS
to defendant tested him in various wayi
to find out if possible whether there Wa!
any divagation or wandering Of his mind
whether its operation was eOherenti bu
witness failed to detect any deficiency II
what might be called sound snd oongru
Gus thinking. Witness saw Mr.. Fernan
dez every day after second visit, spend
ing at no time during these visits les
than three or four hours with defendant
Witness slept with him once, when b
hsd been alarmed by some accident IL
his immediate neighborhood, but neve
once found him bus rational in all his re
marks, As test Of DEFENDANTS posses
sion of self, witness relates 8 cali up0l
him hy defendants while witness was re
siding in Brooklyn, n. Y, in day, 1857
when Mr.. Fernandez called upon hin
and invited him to dine, which invita-
, ton he could not accept, but Walke'
out Broadway. Met defendant ant
Mr.. Farrars, Spanish minister, etc.
who joculsrly said to witness
En- la oinquo nora Vdnlos en- capttto
Witness had forgotten the circumstance
hut defendant had not. Witness relate
also an occurrence In 1S47, at Pas
Christian, which defendant recalled t
witnesses mind. Witness also states tha
: one day while conversing about the his
} tory of the transfer of the province c
Louisiana to the United States, he CON