New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-02-03
THE GALENTINE MURDER TRIAL.
TIE PRISONER SENTENCED TO TEN YEARS I'M
RECOMMENDATIONS FAME on TEMPORARY
INSANITY.

TUE PRISONER SENTENCED TO TEN YEARS I'M
RECOMMENDATIONS FAME on TEMPORARY
INSANITY.
CLEVELAND, O., Feb. 2-Dr. G. ,lentine, con-
vcted Of manslaughter for killing Dr. Jones' for the
alleged seduction Of his wife, thsmornng sentenced
to Imprisonment the pcneentary for the Of 10
years This is the full penalty allowed by law for the
crime.
As this case is one Of very few similar resulting
in conviction Of any kind, the following passages from
the charge TO the jury by Judge Panc bearing upon the
question Of insanity OF interest The theory Of the
defense rested usual upon the plea OF temporary
or rather mOmentary, insanity Many medical
men were examined and crosse xamincd in the
effort 20 prove that the defendant was not
sane ut the moment of shooting. According 70 the
Judge as will be seen below the Jury LEFT. after
listening to the eXper TO decide not only whether the
defendant temporarily insane but whether there Is
any such disease as Temporary insanity" Both Of
these questions apparently avoided by the jury,
for Il hardly be supposed that the twelve gentlemen
deliberately concluded that the prisoner was Just III
tie" temporarily at the time of the shooting and
such ground found him guilty Of granddaughter In
stead Of murder. They undoubtedly set ASIDE the inc
ory Of insanity altogether and found Galcntne guilty of
the less degree Of crime, the ground OF provocauon
and mitigating circumstances. Judge Paine said in his
charge:
"You may have learned from the evidence that there
many kinds of insanity and that each klnd has many
fcstatons peculiar TO itself. think enough has
been established by the evidence Of these ex-
perts 20 leave doubt OF the truth OF the Scrip
lures which declare that man Is fcaTfuily au1
wonderfully made; but how much light they have been
able mpart 20 the cause location manifestation,
and effect Of this disease at any particular stage OF de
gree Is que ton with which you have to do. WIN
to adopt any classification of insanity
you may think proper venture to suggest that It may
he simpifed 10y regarding II disease and, whether
bether nmoonsI or impu'siTe let MS inquire whether
favis cd nd ALL lp
homicide TO the extent necessary ~ relieve INN from the
wond bc subject TO the penalties Of the criminal law
for IL did exist iC matters but little by what name
YOU ca il; II did not 80 exist matters but little Of
thing you the subject OF what Is called mODentary
or impuisve insanity. / do not hatter myself that
shall be able to enghten you much in reference to that
the existence Of which secus yet 10 be IN doubt among
those who are supposed to have the best opportunities
acquaintance with IT, If it exists, and best qalned
to speak OF its cause operation, and eject upon The
understand the claim he that this malady some
times seizes upon the will with such power that the
rational responsible man Is instantly tilhslorneu INTO
irrational irresponsible being; that while In TINS con
dition he has no power to form criminal purpose ana
no ability 10 perform criminal Hcti ana INA. laoatu
this condition may be hut momentay, the victim OF TINS
maady may kill his neighbour and be as suddenly re.
stored to responsibility ana reason rs ne was q. N1
it, Gentlemen Of the Jury IL this he So It's truth should
Doubt and speculation for it would have much to do
with the proper administration OF the criminal law.
Whether such maady exists, and whether particular
organizations than others exposed 10 III attack
questions Of fact upon which yOu are 70 pass ana
learn by careful examination of the evidence whether
this wac the defendants condition.
II Won should ind that the defendant was over
whcmed with any real or supposed prOvocaton which,
the moment deprived him Oi all power 10 control ms
action. and ncapab Of reasoning and debcron, then
inquire Did the defendant, by indulgng passion, by
medaiing revenge, and cultyatng malice toward the
deceased, Tor real iaDCed prOvOcaton, voluntarily
produce the inability to reason, reflect, deliberate and
control will he rendered powerless IN these
espects by the circumstances which surrounded him
and for which he was respOnsibei do not suppose
one can while condition, form the design ana
matu the purpose to take LIE, and nnnng nlinhe1
destitute OF the nerve to execute That wicked
purpose, voluntarily indulge in the use OF liquor
10 an extent which, under tho CIRCUMSTANCES,
fires the brain and names the passions, unit his VIII IL
not under the control his and Judgment take
life with IMMUNITY. Nor do | suppose ono VINO Is &C
Ouaintcd with the elements which compose his mental
aud moral being manifested in his temper passions,
and ds position can make fancied or nal mONocau0n'
however great tho OCCASION for voluntarily entertag
malice and and thus cultiVatng disposition 10
execute vengeance until his passions have become too
powerful TO controlled by lis will and Judgment,
take the life Of the subject OF Iii, hatred with i'm
punitv. To my mind 10 hold thus would be to offer
premium dcpravy, and encourage the cultivation OF
the worst clements of our nature"