The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-11-02
DIR. HAMMOND AND DIR. GRAY
DANIEL MFdRLAND ACQUITTED AND
JACK REYNOLDS HANGED.
Insanity 60 he Discussed from = New stand
point In the Law Courts Some Very Wig.
orous English Embodied In n Compliant,

oil the american journal ~ iNN1Nru. In inc
number published ia July last was IN article
entitled " True and Ialso Experts " which a.
sailed with extreme bitterness ono eApcrt in
particular. who was not called ~ name hut it
WIS easy to see that DR.. William A. Hammond.
formerly surgeon General Of the United States
Army. was meant THIS article was .aiorward
rcpubshcd in pamphlet form. and widely cir
oulated Dr. Hammond. dcclnl ing tho article
TO DO grossly lib'llOus. has sued Dr. uray for
$4,000 damages. and has had him arrested aud
held to bail under an order granted 10y Judge
Lawrence
Dr. Hammond. in his complaint. sets forth In
full the article he complains Of summing up
his understanding of it 10y saying that it ac-
cuscs him Of wilfuly and corrupty swearing
falsely "a an export on trials wherein prisoners
indicted for murder hld intcrposcd tho de-
fence Of Insanity. aud Of cndcavoring. for pc
cunidry rewards to consign them to the gallOws.
The complaint adds that Dr. Hammond has
been subIWnaod. and has testified as an expert
on many criminal trials. Notable among these
was that Of Montgomery in Monroe County in
1871. and again in tho Eighth District in 1872:
that Of Gen. Cole for the killing Of IIiscocl IN
1866 that Of Jack Reynolds in 1869. and that Of
Mcfarland. who shot Richardson. Montg om-
ery's defence was epilepsy and paroxysms COW
ering The time 81 the murder. Hu was con-
yictcd. ReyhodSs defence was opilcptic maaia
He too. WIS convicted. Cole and Mcfarland
Or. Gray,s article dissccts the expert testi;
mony In all these eases most vigorously. and
coniains such passages qs the following:
What burden of public contempt could be
too deep for the man who should prostitute sci
oncc in the market and smother her pure light
What language can n.lv fastcn that man In
tho nillury OF universal "XccrHton who has bar
tered innocent blood over which tho law gave
him fearful power. ut the bidding Of the jealous
g The cnsc II David Montgomery. who killed
his wife while suffering from cpileptic mania.
admirube revision Of the expert testimony 10y
DR.. Echrycrria. than whom no man stands
higher RS an authority upon epilepsy In this
on the trial a physician tho complaint here
inserts moaning the plaintn called TO en-
Tighten and instruct MS an expert. asserted that
II by no means follows that an individual -uf-
ferinE from epilepsy is not as fully responsible
tor his actions as healthy persons. and again.
that not many cases Of epilepsy are accom-
panied, with insanity or obvious mental dctorio-
These assertions the article pronounccs ut
terly and inrNcus ably false. II continues;
This person the paintl n meaning. says the
complaint gave the evidence upon which
Reynolds was executed. although the poor
the murder. To5 ioe was as the ' world horrlned
at the direct physical evidence of brain dcgen.
expert the plaintiff meaning says the com.
plant has handed the helpless accused over TO
the hangmanq az tho demand OF the popuaco
IT, stamp Win additional infamy the whole
tr4nsactlon. there was another so-callcl expert
the death ~ REYNOLDS upon the galiows as
fu.IS innu' VI W4n ~ peelng arksri, Whch Nc
i "f ns. ms lri s i0r tI hiinS 81 h'rnatison
~ without ,leinsion. rcplied 10 nc District
va ny t se 'n t us ri hehnons; nero
moro ma Hnei having no c9nseiousness OF his
~ niiu u, WIN IT, 'oi's 10 himsci no n"S 20
did not the objection that he had declared this
h,iinahe fp'hpnt, q ir,g agent: AM delivered
hhhn nrI' I'm iron the rourtroom with shame
ncaninr ,evs IN MI pir'hg1 s sns p dr
they arc now there nj The command Of the
ipIpsni, S'u'' "n" nave 'huh.ou tneir views OF
ins9 hn, T. rotnrn f., tho man ,vho has dono a.
nlucn u dItnaGth ,hs curse 81 Iustlee. Tho
show en,rniciops ~ , yee 0t hetwecb XIX
tbot % raG id u.s. te nn
separated 10y n single night. and an Interview
with inter ici counsel.
conxi ,,gntr ,h,ib ItterH,,eu ao
abund9ntiy exhibited that he had had parox-
ysms Of epilepsy throughout the week before the
"' Deiibera,ion takes away the idea OF an in.
%tcb anv d ihis sy eIi Iga9rant g9mposy
of contei8,t WA. n Jelaration soeiin0" Mnnto'
vomrrv =. r,,nvin,i'r s '''
"Wiat. thcn sh0ii Inc said whom thI. very OK.
sGu D. ylea test yns ' for the defence 90 IN hs
by f ,Er Ir,sl nnI on M
yery pcc,i-tont in tIair revenSes' Ihave Known
insane mon oestfied win tGc ifsa ~ Iiiiin~
th,ir tr"-r T. v,'rs MI e,nnlH I~ ~ AIMING
VI viii he .cne,'berei tba, tbc noint ~ ,bo
aprlictan 81 his view, WINS lint me Wit1ass a
Lrtltnstilisd I'm, NcFarlnnI al ,cm ,,,r
utes in the T.iIat' 6fpl,e' behind he partition
looking :. r l.iehar,is'n 10 nmncnr. u,on whirh
he nrcd ~ '@''' N'- 'S'
Again In order N cor, ict Mnnt0ofnerv this
false evp"rt declares where nm enlleptic has
suffered from nm attack tho mental distnrhence
CONTINUES several davs Bit That Revnoils
MIL, - ~, IL , 81 -, ~, ~ ,iai
tIccrno ,ite G,,ininn S1 thnt an tIc liz sirenr,h
o. ons otinini Keyrolls ,Sas actually execntei
aud up6n ifs oup1sitr Moitgoncry was con,
ueu.nrd; put hy y" mcrcilul interDositon u
mo tipN 4N K. N4N l4io was spared. | need not
remind N.u that ..o was llucel in m asylum
FOR tle Insane and his liic ms d,n1nstrnt,d
~ 'Y'r'"'D'es 4, sueh c9inpeteht aNenlstS as
IN lla), AHfthul, prdrpnauA, ana others.
IL one 81 MS hooks tIis pretended expert
and philosopher says:
..r..., ....,.,
''i "i Y'i.ta SUI -i,mi intellect To Know
r. ai ii h, are No, le Nah % is
d"lu, OF tie per. b a-an.t whom thcy are dlrc,cI
sheui Pc spl ect. % ine same punishment Tor hom
,". a. "tNN j." '"d.i'i FOR lke ole nee committed
" sSAnr i'''o"