Smyrna times., 1873-07-30
MiSce eI/U ID e D III s.
Insane Criminals.

Antoine Leger, in 1924, killed little girl at
Ferte Aleps in France, drank her LlOOd and
mutllated her body. Notwithstanding strong
testimony to show that he was insane, he was
| duly executed. Antoine Jobard, in 1851, stab
bed young lady to the heart in Lyons. His
reason was, that being the victim of certain
bad habits which he could not abandon, he
wished to die without incurring the guilt Of
suicide. Medical experts attributed his crime
to homicidal mania but he was found guilty
Of murder with extenuatng circumstances,
and sentenced to the galleys for life Jules,
at Bordeaux, had an aversion to his step
mother. In 1854, without apparent provOca
tiOn and without premeditatiOn, he shot her
dead at the dinner-tabe. He was acquitted
on the ground Of insanity, and five years al
terward blew out his brains on his stepmother's
grave.
These three cases are the text of very in-
teresting and imp 0rtant essay from the pen Of
Dr. William A. Hammond. 1t is evident that
the difference in the treatment of the three
offenders present gross anomaly. If Jules
was fit to be at liberty, Leger ought not to
have been put to death, and JObard was un-.
justly condemned to Imprisonment. The his
tory of American jurisprudence abOunds with
f difficulties of still more serious kind. We
have criminals pronounced insane at the time
of the commission of particular act, and yet
, sane Immediately before and Immediately at-
ter. We have murderers set at liberty on the
plea OF sort of temporary mania which COM
nonsense laymen are at loss to distinguish
from the old fashioned cheat of passion :"
and it has almost become the rule in our Grim
!: inal practice that no man shall be held sane
enough to be punished who has committed q
capital offence under circumstances of more
than ordinary atrocty, or with sensational in
cldents. Everybody recognizes the greatness
Of the evil, and acknowledges that We must
. find a remedy for it, if society is to offer any
protection for human life. DIR. Hammond
+ offers the only philosophical solution of the
t question We have ever seen. His principle is
0 possibly not the true one it cannot be adopted
T without the sacrifice, not merely Of inveterate
n preposSessions, but Of humane and honorable
o impulses Yet we must admit that it is diff
cult to retute his reasoning, and that the prac-
i cal working of his theory would prove highly
salutary to the public.
Dr. Hammond starts with the assumption
that the object of the penal law is not to impose
. upon the criminal the just reward Of his of
lenses against morality, but to protect society
d first by deterring others from the commission
e of like otfense, and secondly by preventing
i the convict from repeating his crime. The in
e tenton of the actor regulates the abstract
e quality of his action in the eyes OF God, bu
r. not in the eyes Of the law. The untutoreC
derstanding the wickedness OF theft, commits
e no sin in the sight Of Heaven but he commit
N petty larceny in the sight of society, which
e cannot stop 70 inquire whether or no he knew
: that it was wrong to steal. Miss Anthon,
!. was not acquitted on the charge Of illega
- voting the other day, although she undoubt
sr edly believed that she had right to do as sh
n did. Morally she committed no sin; bu
N legally she was guilty of crime for whic
| tha Sba1 bor . ,bc ity nm
ne just to Miss Anthony to fine her 500 for a
ne action which she performed under the cOnvic
d. tion that it was both lawful and meritorious
be but it would be injurious to society ii lllcga
t voters were to be excused on the ground 0
I'd ignorance, and therefore the law is obliged I
II II punish her. "A law, says DIR. Hammond
~ may be unjust as regards an individual or
- - few individuals, and beneficial to society q
81 ~ large: it is then good law. 1t may be jus
~ to an individual and injurious to society q
large: it is then bad law"
We readily admit this principle in deaHn
with the ignorant and even with religion
ie- fanatics why should we ignore it, says ID
Hammond, in our dealings with the insane
1Sees That the readiness of our juries to acquit
be the ground of insanity has resulted in markC
be-. increase of homicide is very common stat
no ment, and though it is not susceptible of pro-
or we are convinced that it is true. The pul
les ishment OF an insane murderer has just Il
"n same effect in deterring another person frOl
nix homicide that the punishment of sane OF
ST. would have. 1t has an effect, and very di
or or tinct and peculiar effect, upon other insaI
ne .I persons. "When Martin was arrested for Sc
oy ting fire to York Minister Cathedral, ga
ers DR.. Hammond, "the circumstance was con
=" mented upon by the inmates Of lunatic as
,n{ lum in the vicinity The idea that he wou
ate be punished was secuted. He is one of us
cir they exclaimed and of course is not responl
BILE for his acts I " 1t is obvious how the.
lunatics must have been affected by Martin
immunity, supposing that any Of them felt
70 impulse, as yet under control, to commit Il
,rs same or any other penal Ohense. Even WIT
,;ra mental alteration is we'll pronounced" sa
ted our author, "the affected individual is oft
capable of controlling his actions, and at tim
rves OF arresting the further progress of his di
That ease" And as for Irresistible impulse"
an doubts whether it ever exists with the insan
is, THAT they have impulses which are dtRtC
lnd irresistible is unquestionable;" but there a
"s very few acts which are forced, or purely a
~ tomato movements, even in mania and tho
| |.S who have recovered testify to this fact, to q
and ability which they possess to restrain IN gre
and part their wild impulses"
red. The logical conclusion of all this seems
be that the safety of society requires US
treat the saRe and the insane substantis
alike in the application of penal laws. The
IN. are indeed certain aggravated forms OF me
''"' tai diease which ought to exempt their victiI
from the extreme penalties inflicted up
+ ThSt al reasonable beings hut in such cases the
be, sane convicts should be deprived of their Ii
un erty, and, if their crime was murder, shou
ron. never again be allowed to 20 at large. 10th
mill it seems we must come if we are ever to ha
tee. an enforcement of the law in capital case
by and although the proposal will doubtless arou
Is or disnute we are satisfied that the closer it
OBJ ovam;ned tho stronger will he found the re;
lded ons in its support.-N. Y Tribune.
Of Jus - ~ - PP1..----
,icb A Minister walked six miles to marry
.n", couple lately. He said he felt sort of feel