Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1870-12-02

and when he saw the warden tnat latent IN
sanity was eloped; the existing cause was
before him, and he sprang upon him and
killed him.
There is another case, gentlemen, to which
| wish to call your attention as throwing some
light upon this subject of insanity, because
/ know it is subject that the common mind
does not understand very well. 1t is a case
that shows that this old idea in regard TO
persons capacity to test right and wrong has
been practically abandoned by the court. |
allude to the case of fairfield who was indct-
ed in England for an assault upon King
George Ill. 1t was shown that he went to
the theatre armed with his pistol; when the
King came into his box, he rose, took de-
liberate aim at the King and fired, then sur
rendered himself, saying that he had no ilwill
against the King, that he did not intend to
kill him but he wanted to die, and he did not
want to commit suicide. He knew that trea-
son was punished with death, and he knew
that if he committed an assault upon the King
he would be guilty of treason and the punish
ment would be death, and therefore he had
made the attempt for the purpose of ending
his own existence, showing that all the plans
were deliberately laid. He dreaded seltde-
struction, regarded that as wrorg a crime
which he would not commit. He had reason
ed it all out; planned an assault upon the
King which he knew was treason and punisha-
bic with DEATH for the purpose of putting an
end to his own existence by the sentense OF
the law. There you see the intelligence, the
reason, and still it was done under an insane
delusion and the jury found insanity, the
Judge charged it, the act was committed
under an insane delusion, he was not liable
for the consequence and he was acquitted
Then again is the case of Oxford who was
indicted in 1913 or lS47 for a treason, by COM
IL L.,
was the tender of bar, at an inn; had dis
charged his duties regularly to all appear
ance was in every respect of regular
hobits nothing in his conduct had excited
any suspicion. He armed himself with pis-
toll in the early part of May and practised
shooting for a month, SO that his aim might
he accurate Then he loaded and capped
lis pistol, he laid in wait for the Queen, when
she was riding out with her husband, he de-
liberately shot at her twice, taking deliberate
aim, the bail just grazing; he was indicted
for treason, and it was shown in the defence
that he had imbibed an idea that it was his
duty to kill the Queen. She was an enemy
of the nation. Though there had been no in
diction of it before, his conduct had been reg
ular in every respect, he had reason, mind
enough to lay his plans, to get his weapon
and practice with it, so that he might be ac-
curate in his aim to choose his position, TO
wait. Still he committed the particular act
under an uncomfortable impulse which over
whelmed his will for the time being, over
whelmed his reason in regard to the particu-
lar act. And he was acquitted though the
assault was upon the Queen.
Now, gentleman, feel that need take up
no more of your time in commenting upon the
law of this case. You win have the ruling
of this Court. / think the law that have
read will be given you by His Homer as the
correct rule for your action in this case and
upon that, we are willing to present the case
of the deft. here. Upon the principles laid
down in that case, we fully believe the pris-
oner at the bar has a just and legal defence,
and we shall introduce the evidence to you
to satisfy you, that he is entitled to that de-
tense.
Court-We have recently had the question
of insanity before the full Court in this state,
and while believe we do not differ mate
rally from the doctrine as laid down by Chief
Justice Shaw, you will have noticed in
reading, probably, he did not always give the
rule precisely alike. We have adopted the
rule we do not understand il as differing from
that substantially laid down by the twelve
judges of England and approved by MIR.
Wharton, Prof. Greenlief and others. have
copy of the rule in my pocket you would
like to see il before you close.
your Honor standing as | do here, l shall
contend for the rule of law as have read it.
II will be the duty of the Court to give it TO
the Jury as the Court understands it. If we
are not correct, in this legal position,
why then you will be governed by the rule of
law as YOU have it from the Court. Iappre-
bend however when you have that rule you
will find it to be materially the same, for
take it there can be no different rule estab-
lishcd, in substance different from that which
| have read to You, because it would be mon
strous to hold that a man could commit
crime, when for the time being. he was under
an uncomfortable, insane impulse which de-
priyed him of the power of reasoning correct
IL in regard to that act, which deprived him
of the will by which he could control his own
actions and for the time being made him the
instrument of his instinct or impulse, so that
"a Chief Justice Shaw says it is more the
act of the body than of the intellect, then he
is in a condition to be irresponsible and the
law does not seek to punish man unless he
is in a condition to be responsible for his act,
unless he is in condition to have a criminal
intent, because that is the very foundation of
all criminal law. There must be criminal in
tent of the intellect, of the judgment, and if a
man for the time being is the mere creature OF
his instinct, under an impulse which for the
time being supplants his reason and will then
he can have no criminal intent in committing
an act under such an impulse. l have moth
ing more to say, in regard to the rule of
law. apprehend when you have it from the
Court YOU will find it to be in substance the
same as that.
Now, gentlemen, l shall call your attention
briefly to the evidence which we shall adduce
bearing upon this subject. We shall show
YOU that the defendant was naturally very
Jealous. jealousy Unfortunately developed !;
that for some years he had been jealous of his
wife. As long ago as when he lived in Her
mon, he was so jealous that sometimes when
his wife would start to go a mile or more, at
ter she was gone he had imbibed the idea that
she was going to meet a man some where,
and would go after her and bring her back,
and at times that jealousy has exhibited itself
to most inordinate degree, so that his do
nestle affairs have been very unpleasant
For some two or three years past, he would
suppose that he had cause for Jealousy, then
there would be violent outbreak, great
deal of trouble with his wife. He would ac-
cuse her: she would deny and explain, and