The Idaho world. [volume] (Idaho City, Idaho Territory) 1864-1918, 1873-05-15
THE POPULAR DEFENSE.

THE POPULAR DEFENSE.
An important discussion took place in Now
York city, April OATH before the Medice. Legal
Society in the College of Physicians and Sur
eeons and among the distinguished persons
present were Surgeon-Gensral Hammond, Mr.
lYsomans, DIR. Rodgers and David Dudley Field
Mr.. Field read an interesting paper on Emo
tional Insanity" wherein he reviewed the plea
Of insanity, giving his views upon the ques-
ton of punishment, and favored new classi1-
cation of penalties in criminal codes, IN wmcn
the quality of the act. as measured ny the de'
gree of intelligence. should be considered IN
administering the punishment. He reviewed
many celebrated trials, wherein the plea OF In
sanity was set up in defense, comprising English
"a well as American, cases; and, 10 summing
up. gave his individual conclusions: First,
that idiots and imbeciles should be exempt
from punishment for infractons OF the law.
Second. that mental unsoundnessis q disease Of
the brain. therefore no passion or frenzy Is H.
sanity. Observation-Disclosures insanity aosolves
the patient when his reason has lost the choice
and power of controlling the will. Fourth
all persons acquitted of murder on the plea OF
insanity should be confined in asylums insti'
tuted for the criminal insane. Fifth, the clas
sifcation of punishlnents according TO the grace
Of intelligence. In his reference to celebrated
cases he mentioned the McNaughton case,
which, in 1S43. was submitted by the English
House of Lords to the Judges, who held that
the iury ought to be told in all eases that every
man is presumed to be sane and to possess
sufficient degree of reason to be responsible Tor
his crimes until the contrary is proved to their
satisfaction. TO establish defense on the
ground Of insanity, it must be clearly proved
that the accused was laboring under such de-
f.ctiye reason from disease Of the mind as NOT
to know the nature and quality of the act he
was doing: or, if he did know it, that he did
not know it to be wrong" This holding OF
the English judges is regarded as sound law
everywhere, in civilized communities. Mr..
Field gave it as his opinion that in cases OF emo
t:onal insanity the penalty Of the law should
be Inflicted His opinion is entitled to great
weight; and the farces which have been enact
ed in our criminal courts during the last quar-
ter Of century have tended TO convince many
who have thoueLtfuly considered the subject.
having in view many prominent criminal cases
wherein the guilty have escaped on the plea OF
insanity, that emotional insanity is humbug,
and but another name for sudden heat OF
passion, which, under certain circumstances.
or, in tact, under the most favorable circum-
stances for the accused, only reduces the grade
Of the ofiense, where death has ensued. To vol.
untary manslaughter. Surgeon-General Ham.
mond took stronger grounds against insanity
being an excuse, and said he saw no reason
why insane persons should not be punished.
He took the position hat but few persons were
tree from morbid impulses. He said he vas
in favor of combining every acquitted lunatic
for life, as lunasic was liable to relapse, and
he believed it would be better to leave sane
than insane criminals at large, on the ground
that the former can be relied upon to act in a
certain manner under certain circumstances.
while the latter might, at any time. break out
in new place" The Surgeon-General stated
also that within n short time he had learned Of
over one hundred cases in which persons who
had been in insane asylums had committed muir.
ders after being released DR.. Hammond evi.
IDENTIFY goes too far in advocating the punish
ment of insane persons; but the excuse of emo.
tional and perceptional insanity has cheated
the Calows SO often that revulsion will inev-
itably occur, and there is danger OF carrying
the opposite theory too far. According. even,
to Mr.. Fields theory. General Sickles, McFar.
land, Cole and Mrs. Fair should have been pun.
ished for their crimes Strike the medium be-
tween the positions taken by Field and that by
Dr. Hammond aud the correct ground would
doubtless be reached.
In LIMBo.-W. X. Keithley, lawyer who
lived, though he didn't flourish, in Boise county
several wears ago. appears to have gotten into n