The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-09-10

The Insanity Dodge-A Good Decision.
A few months ago James Burns shot and
killed John Halloran at q drinking house
called ''The Gotham" in the Bowery.
He was arrested and indicted for murder
in the first degree. 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 Excess
sive indulgence in alcoholic stimulants. He
was at once committed by the Court of Cen
eral Sessions to the State Lunatic Asylum at
Utica, where he has since been confined till
last week, when his counsel on petition stat
ing that che was not confined on the sentence
or Judgment of competent court" procured
writ of habeas corpus, on which Burns was
returned to this city and brought before Judge
Leonard on Saturday Here counsel demand
ed his discharge on the ground of his present
sanity Yesterday Judge Leonard decided that
tho writ was improperly granted, and promptly
remanded the slayer of Halloran to that con-
finement which the Court of General Sessions,
a competent tribunal, had consigned him. 1t
is to be hoped that this eminently proper and
judicious ruling may have tendency to cur
tail the use Of the insanity dodge as conve-
nt6ht 1oophole by which . murderer may avoid
the halter. No more dangerous practice can
prevail than that which may hold the COM
mission of any crime to arise from mental
alteration, and the perpetrator, therefore, be
absolved from moral responsibility. In this
case we have the prisoner 80 insane in July
that he is not to be punished for killing
fellow man, and two months later it is claimed
to be hardship to him and wrong by the
community that he be subjected to the
restraints Of confinement in an asylum. Men
who shoot are obnoxious in such crowded
localities as New York city, and men who on
trial for murder take the insane horn of
the dilemma in preference to that which
points to the gallows need not
complain of such gentle restriction
as the walls of the State institution at Utica
present. For several years the prevalence of
insanity among persons charged with serious
crimes has been frightfuL The mental
malady appears apt to attack any one who
wishes anothers death or injury. Lax no
tons of the legal definition of insanity and
the natural reluctance Of jurymen to render q
verdict of guilty In capital cases tends to give
lawyers the power to save the life of even the
most hardened and wilful murderer. Should
the adjudged insane taker of life be set free
as soon as he has exchanged the prisoners
cell for the asylum there would be almost an
entire absence of danger to those who choose
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 in
sane murderer to the institution. He might
be at once set at liberty. Possibly, then, his
frenzy might lead him to slay one or more Of
the jurors, in which case that fact would add
to the certainty Of his being morally irrespon-
sible. Under Judge Leonard's decision in
sanity will not present such glowing charms
as it would had he set Burns free to repeat his
pernicious pistol practice at pleasure.
Beer and Blood In Berlin-Bismarck's
Lat ssC0un.,s