The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1870-05-27
Ao~se'ssarv 1,.sa,.ttv ana ~ Ci.re.

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The plea Of insanity i. easss Of murder
has become The favorite Of defence, psstis.
ularly ef the defendant, whether male or
female, can allsgs the person killed had
invaded his Or hsr domestic peace. The sb.
surdity Of this plea 10 shown In the feet
that the assassin always rscovess his senses
the moment the victim 10 killed. 0overuor
Alcorn, of Mississippi, has addressed sps.
cial message to the Legislature Of that State
upon this subject q very important and
useful one, - It seems to ny, in which hs
recommends revision of the criminal code,
20 that, In oil cases of homicide, o. at.
tempts TO kill, when the plea Of insanity u
made before the examining magistrate, 10
shall, II there be probable case made
out, commit the accused to jail - aa
insane person, incapable Of taking IN oath,
executing bond, or performing any other
legal act. That the case shall bs reported
~ s,so 0aaauGesy OVuss ~ sHs s~~s.,,
which Chancsry Court shall have exclaslve
jurisdiction over all insane and idiotic pr.
sons, and all persons non eenepss nssnsif and
that the court shall proceed In due form 70
try the persons sanity. II he b found 70
bs insane, then hs shall be committed 70 IN
insane hospital, and the charge Of murder
shall remain In abeyancs while he u thszs
confined. II he bs found 70 be not insane.
then he shall be remanded to trial for mar.
der, granddaughter, and Of attemps. 70 kiu,
the plea of insanity must be specially plead
ed, and shall not be admitted under the
plea of not guilty; and, when offered, shall
be sworn to by the defendants attorney, o.
some other person. That, issue being join.
ed on the plea Of insanity, it shall bs trans.
ferred to the Chancery Court and there
tried. Pending al the proceedings after
the allegation of insanity, the accused shall
be held - close prisoner in such wards o.
may be set apart for the keeping Of danger.
Gus insane persons, and that he 10 held for
such cause shall be sufficient return 70 oil
proceedings on Aabeas corpus for his die.
charge on bail or otherwise. The Cover.
nor further recommends that, In order 70
protect society from men being ct large who
are dangerous when insane, in any Casa
where the persons mind may be restored A.
ter the commission Of the crime, he shall ba
retained In prison for period Of time pro.
portioned to the crime committed BY him
from one to five years-in order that there
may be no doubt ~ to his permanent cure.
IfGovernor Alcorn's wise recomuenda.
ton be carried out, then, in every ease
where this plea Of insanity 10 made, there
would be preliminary trial of that ques'
ton, separate and apart from the circum.
stances of the murder. But the Governos
fails to suggest . mode Of reaching the pre-
else point in which this plea 10 abused. In
one Of these cases, tried within year, thu
jury found that the accused became insane
at the moment he committed the act, 6nd
became sane moment thereafter. Contln'
uous insanity 10 never pleaded in thes<
cases, because there 10 never any real inssn'
ity in them. But emotional insanity, tia,
which prompts man 70 assassinate anoth'
er, and then leaves him - sane - everhe
was, 10 the eacile means by which ssaassi.
nation escapes punishment There may n
= remedy in the last suggestion Of the 0sv'
ernor's letter, that, In al cases where the
jury shall find that the accused committed
what would have been murder had hs net
been momentazily insane, the prisoner shall
be committed TO prison, say, for twenty
years, In order to protect society from .
person - easily made insane, and %
dangerous when in that condition;
and that, while thus held - semi.
deranged person, dangerous 70 Be at large.
he shall not be pardoned q otherwise ct at
liberty. This might put sn end u nnomsn'
tary insanity Chicago 7ribsss, Hay liza