Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1872-12-04


lnsanityis being so freely INDUCED
In OF lAto In murder trials that 1t
seems almost useless to spend time
and money TO convict tho guilty and
protect society against murderors.
But II our courts would adopt tho
plan put in practice by New York
Judge, tho insanity in many OF tho
criminals would bo cured. The Herald
says:
, "A fow months ago James Burns
shot and killed John Halloran at a
drinking house called "The Gotham"
in tho Bowery. He was arrested and
indited for murder in the fret degree.
On the trial, in July last, he was &C.
quilted on the ground Of insanity. his
counsel having urged that his reason
had been dothroned by excessive In
dulgence In alcoholic stimulants. He
was at once committed by the Court
Of General Sessions to the State Luna
tic Asylum NJ Utica, where he has
since been confined till last week,
whom his counsel, ona petition stating
that che was not confined on the sen
tenco or judgment Of o competent
court" procured a writ Of habeas cor
pus, on which Burns was returned to
this city and brought before Judge
Leonard on Saturday. Here counsel
demanded his discharge on the ground
Of his present sanity. Yesterday Judge
Leonard decided that the writ was
improperly granted, and promptly re-
nandcd tho slayer OF Halloran to thnt
confinement which the Court Of Gen
oral Sessions, o competent tribunal,
had consigned him, Ii is to be hoped
that this eminently proper and judi
cious ruling may have a tendency to
curtail the use Of the insanity dodge
as n convenient loophole by which u
murderer may avoid the halter No
moro dangerous practice can prevail
than that which may hold the COM
mission Of any crime to arise from
mental alteration, and the perpetra.
tor, therefore, be absolved from moral
responsibility. In this case VIC have
the prisoner SO insane in July that he
is not TO be punished for killing a fell
low man, and two months later il is
claimed to be n hardship to him and a
wrong by the community that he be
subjected 10 the restraints of confne-
ment in an asylum. Men who shoot
are obnoxious in such crowded locali-
ties as New York city, and men who
on trial for murder take the insane
horn Of tho dilemma in preference TO
that which points to the gallows need
not complain of sncb gentle restriction
as tho walls Of the State institution at
Utica present.
For several years the prevalence OF
insanity among persons charged with
serious crimes has beon frightful The
mental malady appears apt to attack
any one who wishes another's death
or injury. Lax notions Of the legal
definition of insanity and the natural
reluctance Of jnrymen TO render a
verdict of guilty in capital cases tends
to give lawyers the power TO save the
life OF even the most hardened and
willful murderer Should the adjudged
insane takcr Of life be set free AS soon
as no has exchanged tho prisoner
cell for the asylum there would be al
most an entire absence of danger 20
those who choose TO be insane TO exc
cute criminal design. lfthe doctrine
urged by the counsel for Burns should
bc admitted II would be better that the
State DO saved the trouble of sending
an insane murderer to the institution
Hc might be Mt once set at liberty
Hast5 gay one ri rs MORE Sfh 81 hgns thgg areas Ieae
in which case that fact would add to
the certainty Of his being morally ir-
responsible. ULdcr Judge Leonard's
decision insanity will not present such
glowing charms as it would had he
set Burns FREQ to repeat his pernicious
pistol practice at pleasure.