The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-25
rs A SANE MAN INSANE?

MT. David Dudley Field Before the
Medico-Legal society-The Four lind 9
of Insanity-Mr. Fields Six New Points
of Law.
Mr.. David Dudley Field read very able paper
last evening, before critical audience or the New
York Medico-Legal Society, corner OF Twenty third
street and Fourth avenue. Mr. Field began by
asserting that he would not consider the medical
aspects Of the question, but wOnld simply treat of
emotional insanity as it concerned the commission
OF crime and its punishment. He believed that it
was not question OF right or wrong whether a
crime had been committed or not; 1t was
rather one of law. What was wrong a
century ago was right to-day. and what was
right to day was wrong a century ago. The dis
tinction between these two qualities was the result
Of education. Why was crime punished? Not to
avenge, not as mere chastsement for an offence !;
but punishment was inflicted to deter, and when
it ceased to have that influence 1t should cease al
together. 1t was
SOCIETY DEMANDING SECURITY.
Certain exigencies permitted certain punish
ments for the public good. II three men were at
In small open boat, and one should labor
against the life interests of the other two 1t would
be perfectly right and proper that the offender
should be launched into the sea. Having shown
that punishment was not to be guided by senti-
the charges OF the Judges in some of the most ia
nous Of modern criminal cases. where the plea OF
emotional insanity has been put forward In justin.
cation for crime, and successfully maintained.
Huntington's was case in point, and in the trial
OF Sickles Tor
THE MURDER OF KEY
the Judge charged that the jury should acquit If
they found that the prisoner was in sucn a mental
state at the time he shot the victim that he did not
know that he was committing a crime: In other
words, II the knowledge that Key had deoauched
his wife had so affected his mind that he did not
consider the quality OF his moral action in the
shooting, then he was to be holden guiltless-that
is, If sckles thought he was doing good thing it
was all right, and the jury must not convict. Was
there ever greater absurdityS He also men,
toned the case Of Wagner. and ridculed the charge
In the case OF Cole. In this case the Judge charged
that II the jury should find the reason OF the
prisoner was dethroned by the intelligence OF his
knowing that he was committing legal and moral
wrong then they should acquit. Recorder Hack
EFT, in
had made charge equally absurd. The Recorder
charged That not only must the prisoner know that
he was committing an offence against the statute,
but that he is morally guilty as well, IN order TO
constitute q murder; in other words, again, 81
think this Is good thing to XII Richardson there.
same ground, and only two months ago Judge
Brady, in the case OF scanneil, charges that the
prisoner must have been convinced or doing
moral wrong in order to have been guilty OF muir
der. The poor man thought he was avenging the
these crimes should be punished, because they
were absolute offences against the law, and as
punishment was to deter, its operation In these
cases was necessary for security. Insanity had
been defined by many able men, yet all differed
lie would venture TO state
WHAT INSANITY SHOULD BE CONSIDERED
in law.
Ffrst-Was the prisoner at the time of the COM
mission Of mis- crime capable of refraining from Its
commission
Second-Did he refrain from its commissions
insanity, he considered, as that manifestation IN
person showing that the processes OF his brain
were at variance with the average human brain.
Insanity, he said, was divided into
Ffrst-Perceptional.
second-Overthrow Of the reason, or intellectual
insanity.
7hird-Emotional.
FOusth-volitonal.
Emotional insanity was manifested by impulse:
perccptional by Authorizations, while intellectual
and v0iional insanity were allied to either other.
Mr.. Field, after an exhaustive discussion OF these
forms Of insanity, summed up his papers with
these
CoNCLUsI0Es:--
First That children and idiots are not holden to
criminal responsibility.
crime when the will becomes the slave OF defective
reason.
Third-Insanity excusing crime must be shown
by experts to be brain disease.
FOuSfh-Neither emotional nor perccptonal in
sanity Is an excuse In itself for crime.
FUth-All prisoners declared insane should be
put IN lunatic asylums until their restoration to
heath.
Si1th-Thc punishments should be graded TO suit
the quality OF the crime and the intent ana relative
guilt Of the criminal