The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1870-05-12
SEosneptary Insanity and its Care.
From the Chicago Tribune,

The plea of insanity in cases of murder
has become the favorite defence, particu-
larly if the defendant, whether male OF
female, can allege that the. person killed
had Invaded his or her domestic peace.
The absurdity of this plea is shown in the
fact that the assassin always recpFers his
senses the moment the victim is killed.
Governor Alcorn, of Mississippi, has ad-
dressed special message to the Legisla-
ture of that State upon this subject Ga
very important and useful one,
las it seems to us), in which
he recommends revision OF the criminal
co0e, so that, in all eases of homicide. or
attempts to xiii, when the plea of insani
ty is made before the examining magis
trate, he shall, if there be a probable case
made out, commit the accused to Jail as an
insane person, incapable of taking an oath,
executing bond or performing any other
legal act That the case shall be reported
to the Chancery Court of the county,
which Chancery Court shall have exclu
sive jurisdiction over all insane and idiot
ic persons, and all persons non compos
nacntis and that the court shall proceed
in due form to try the question of the
persons insanity. If he be found to be
insane, then he shall be committed to an
insane hospital, and the charge of murder
shall remain in allegiance while he is
there confined. If he be found to be not
insane then he shall be remanded to trial
for murder, and the plea of insanity CAP
not theI eafter be made. In all trials of
Indictment for murder, manslaughter,and
of attempts to kill, the plea of insanity
must be specially pleaded and shall not
be admitted under the plea of not guilty !;
and, when offered, shall be sworn to by
the defendants attorney, or some other
person. That, issue being joined on the
plea of insanity, it shall be transferred to
the Chancery Court and there tried
Pending all the proceedings after the
allegation of insanity, the accused shall
be held as close prisoner in such wards
as may be set apart for the keeping Of
dangerous insan~ persons, and that he is
held for such cause shall be sufficient
return to all proceedings on hobeas corpus
for his discharge on bail or otherwise.
The Governor further recommends that,
in order to protect society from men be-,
ing at large who are dangerous when
insane, in any case where the persons
mind may be restored after the commits
sion of the crime, he shall be retained
IN prison for period Of time proportion
ed to the crime committed by him-from
one to five years-in order that there may
be no doubt as to his permanent cure
If Governor Alcorn's wise recommends
ton be carried out, then, in every case
where this plea of insanity is made, there
would be preliminary trial of that ques-
ton, separate and part from the circum
stances of the murder. But the Governor
fails to suggest a mode of reaching the
precise point in which this plea is abused.
In one of these cases, tried within year,
the jury found that the accused became
insane at the moment he committed the
act, and became sane the moment there
after. Continuous insanity is never plead
ed in these cases, because there is never
any real insanity in them. But emotional
insanity, that which prompts man to
essassinate another, and then leaves him
as sane as ever he was, isthe facile means
by which assassination escapes punish
ment. There may be q remedy in the
last suggestion of the Governors letter,
that, in all cases where the jury shall find
that the accused committed what would
have been murder had he not been mo-
mentarily insane, the prisoner shall be
committed to prison, say, for twenty years,
in order to protect society from person
SO easily made insane, and so dangerous
when in that condition; and that while
thus held as semi-deranged person, dam
gerous to be set at large, ne shall not be
pardoned or otherwise set at liberty.