New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-02
THE COURTS.
SCANNELHS INSANITY.

sCANNELDS INSANITY.
HE CHOOSES UTICA AZ HIS PLACE OF sECLUs1OS.
The jury i'll the Scannell case having decided
that John Scannell was insane when be shot Thomas
Donohue, and therefore irresponsible, Judge Barrett
objected that he DO detained til 1t could be asceraned
whether still subject TO the mental disease which
led him to Donohue, had recovered from It, Yes
terday was the day liked for this inquiry Mr. Scanne
and his family all present and seemed to be thor
ougy happy under the relief occasoned by the acquta
Judge Barrett said that since Saturday evening he had
carefully examined the law In regard to this case Under
the of 1872 1t Is provided by the 3st section OF that
act that upon proper Inquiry by jury or ohcrwise an
accused criminal escapes OF fails to be indicted or ao
quilted of the commission OF any crime on the plea OF In
sanity he shall be sent TO some lunatic asylum there TO
remain and observation until 1t appear that he
can be released without danger In the 22d section OF
the act Of 1874 provision directing the Judge TO as
certain upon inquiry, whether the insanity continues or
not. Later amendments Chap. 57i Laws OF 1879
struck ont Section 3D. which directs the Court to inquire
and substituted an amendment that "the cost OF any
commission OF unacy issued by the Court should be
charge upon the county" &c Section 81 was
amended to read: whenever any person accused
Of the crime OF murder shall have been
acquitted on the ground Of insanity the jury shall
bring in special verdict and state in their finding and
the Court shall order sach person TO be committed 10
some State Lunato Asylum, hore TO remain for Obserya
ton and care until such time Justice OF the Supreme
Court shall deem IL safe and legal to discharge hlm'
This amendment wise throwing the burden OF In
qury as TO the continuance OF insanity upon some proper
asylum where he could be kept for time under survei-
lance lie would therefore direct that the prisoner be
committed to the State Lunatc Asyum for Insane Grim
nals at Auburn there to remain for observation and
care until such time in the judgment OF Justice OF
the Supreme Court founded upon satisfactory evidence,
it is safe, legal, and right to discharge him.
Mr. Beach said that the prisoners counsel and friends
concurred in the decision for although three years had
elapsed since the homicide they thought there were nd
cations enough about Scanne to justify tho caution OF
CAREFUL critical scrutiny by accomplished experts But
while acnuiescing in that disposition OF the person Of
scannell his counsel had not anticipated that when
jury Of his cOunrymen had acquitted him OF all Grim
naty the discretion OF the Court would be exercised
when there other safe aud competent asynms' III
sending him to the communion and association Of insane
conyirts and lis counsel and friends were deeply ag
greyed that under the verdict OF tho jury and the CIR
cumsaDces, he should he consigned to that aSs9cauon
Judge Barrett said In reply: That IN my JiShenl Is
not called for. The choice Of the asylum IN my judy
mcBt rests with the Court. Notwithstanding the verdict
Of the Jury, this cannot be turned INTO anything except
AN escape person indicted for murder on the ground
OF insanity, and is within the Legislatures definition 1t
total Indifference to the Court what unac asylum shall
be chosen; and this one was chosen to i99% oGt ne
Legislatures intention ana command Nlether u Is
better asylum than the others don't Know Ah0"
Mr Beach rejoiued Permit TO protest against
the idea of your Honor that MI scannel Is to be coisld
Cd "a
OF crime, on the ground OF insanity ana our Stale law Is
that insane man sldll DC conycle1 or cOh3iuetcu
guilty Of any ocnse. And il seems to me contradictory
that citizen acquitted on The ground OF want OF OIense
Shall be- considered IA criminal. kno" LothlnS OF Az
burn Asylum only know that il Is connected with the
STATE Prison aud that those adjudged guilty. Of crime are
admitted that asylum. The feelings OF hlr scannes
he circumstance that being acquitted OF crime 1t seems
20 me harsh and degrading, when there IS opPortuhy
in other asylums that he should be sent To mat sort OF
Mr. spemcer Of scsnnes counsel suggested that the
prisoner should be sent to Utica suggesting that the
ihysician Dr. Grey, has no superior" 80,
iniIe 9Irret-'rhe view entertain about II ia this
Tie jury, by finding the prisoner not guilty on the
thcr nueSion of the case, such iusfable homicide
and they find that but for the insanity there would be
murder in tho first degree aud therefore. but Tor the
INSANITY the prisoner would be criminal. In conse-
uence OF the insanity he Is Innocent ana from that IL
secms 10 me that there Is question but that he
comes within tho definition of an insane criminal |
The Legislature, think, intended such luDatlcs 70 DC
sent To Auburn, and for this reason the Oirr ay lns
deal with insanity generally; with insane patients VINO
have not committed crime, ahd tAef specially IS hot
homicide. Now IA the case oi thi' particular prisoner
appIehend that the studies 81 the experts run IN the
direction OF honicdal mania, or mania resulting IN ar
OF the prisoner Is within the line Of duty for this paruc
gar s I'M mHy J A ts same Si time ws to deal
with this matter with absolute justice, not only 10 the
n would be wise distinction 10 commit
him to that asylum 10 which the Legislature
intended insane criminals should be sent though gen
are treated But lest might act unwisoy, VIII con
suit my brethren OF the General Term ana take their
opinion, and II II Is adverse TO mihe' sHa DC very
happy TO change IL. .
Indge Barrett then retired, and after consulting the
other judge returned To court ana sid: There seems
TO be some difference or opinion about this question
think that on the advice have taAen and considering
iY there il d.fe of opinion shall throw my de-
c,ou into the scale ot what mercy. shall gave
the prisoner benefit OF doubt and cOngn nm to the
Utica asy unl may say MI beach, lLdi theie - some
question as to whether IL legal and night 10 send
him To the Auburn asylum. The language - some state
syin. The one at Auburn may DC part OF lhe Stalc
Prison." 49,.
The order 20 send Scannel 20 Utica was made out and
the Court adjourned 10 Dec. 10.