Holmes County Republican. [volume] (Millersburg, Holmes Co., O. [Ohio]) 1870-1895, 1872-09-26
A GOOD DECISION.
The End Of an Insanity Dodge.

A few months ago James Burns shot
and killed John Halloran at a drinking
house called "The Gotham" in the
Bowery, New York. He was arrested
and indicted for murder in the first de-
gree. On the trial, in July last, he was
acquitted on the ground of insanity, his
counsel having urged that his reason
had been dethroned by excessive indul-
gence in alcoholic stimulants. He was
at once committed by the Court of Gen.
eral Sessions to the State Lunatic Asyl-
um at Utica, where he has since been
confined till last week, when his coun-
sci, ON petition stating that she was
not confined on the sentence or judg-
ment of a competent court" procured
writ of habeas corpus, on which
Burns was returned to New York and
brought before Judge Leonard on Sat-
urday. Here counsel demanded his dis
charge on the ground Of his present
sanity. On Monday Judge Leonard de-
cided that the writ was improperly
granted and promptly remanded the
slayer of Halloran to that confinement
which the Court of General Session, q
competent tribunal, had consigned him. E.
1t is to be hoped that this eminently
proper and judicious ruling may have q
tendency to curtail the use Of the in
sanity dodge as convenient lOophole
by which Il murderer may avoid the
halter. No more dangerous practice
can prevail than that which may hold
the commission of any crime to arise
from mental alteration, and the perpe-
traitor, therefore, be absolved from NOR
al responsibility,
In this case we have the prisoner so
insane in July that he is not to be pun
ished for killing fellow man, and two
months later it is claimed to be hard
ship to him and wrong by the COM
munity that he be subjected to the re-
straints of confinement in an asylum.
Men who shoot are obnoxious in any
and men who, on trial for
murder, take the insane horn of the di-
lemma in preference to that which
points to the gallows, need not COM
plain at such gentle restriction as the
walls of the State institution at Utica
present. For several years the preva-
lance of insanity among persons charged
with serious crimes has been frightful.
The mental malady appears apt to at
tack any one who wishes another's
death or injury. Lax notions of the
legal definition of insanity and the nat
ural reluctance of jurymen to render
verdict i'm capital cases tends to give
lawyers the power to save the life of
even the most hardened and willful
murderer.
Should the adjudged insane taker of
life be set free as soon as he has ex-
the prisoners cell for the asyl-
I'm there would be almost an entire abb
,ence of danger to those who chose to
be insane to execute criminal design.
If the doctrine urged by the counsel
for Burns should be admitted it would
be better that the State be saved the
trouble Of sending an insane murderer
20 the institution. He might be at once
yet at liberty. Possibly, then, his fren-
~ might lead him to slay one or more
If the jurors, in which case that fact
would add to the certainty of being
morally irresponsible. Under Judge
Leonard's decision insanity will not
present such glowing charms as it would
iad he set Bnrns free to repeat his Per-
,icious pistol practice at pleasure.