, 1879-03-09

EMOTIONAL INSANITY.
II would seem both from the nature Of the
disease "a and from precedent las witness the
trials Of s1cKLEs, Cole, MCFARLAND, and the
plea Of MIR. TRuDE in the case OF sTEVENsh
that the only cure for emotional insanity IS
| murder, aud that this once committed, the
insane murderer is ever afterwards sane.
It has been equally apparent that in none
Of these cases has there been any evidence OF
predisposition to insanity, 80 that neither
before nor after the emotional murder has the
murderer been otherwise than sane.
t. It would seem to be just rs clearly "set
down., by class OF criminal lawyers that emo
tional insanity, irrespective and in spite OF all
| surrounding circumstances, is per Sc not simply
| the only, but the all-sufifcient, plea for the
murderer whose case is else entirely hopeless.
| It would also appear that the disease, In
stead oi being confined to women as one would
| expect, is ia the cases we have quoted, almost
entirely confined to the legal professionals cir
cnmstance singulurly noticeable, since three out
OF four of these murdcrers who have pleaded
emotional insanity we're lawyers,-men little
| given to violent fits OF emotion.
That the only alleged cause for such fnsan-
| ity is wounded honor; and, strange enough to
be we'll worthy Of noting, that in neither OF
these cases has it appeared that the gentlemen
! murdcrers were men remarkable for any par
ticular oyerplus Of this commodity. On the
contrary, If their reputation does not do them
an injustice, they are rather remarkable for the
want OF it.
What is this new, this terrible, dtseascs
Avoiding the technica1ities which a description
Of moral insanities would necessitate, and adj
hitting the difficulty Of making satisfactory
definitions Of mental diseases, let us try as best
We may to lind a definition OF this alleged dis
Emotion, from enouo, a, philosophical
sense an internal motion or agitation Of the
mind, which passes away without desire; when
desire follows, the motion agitation is called
passion" II this dellnition is fair ne,-one
that Intelligent men in general accept,-then
much, il not all, Of the mythism surrounding
the novel phrase emotional insanity is done
away with. Emotion s.without desire - is
emotion proper, but temotion with desire is
passion" and passion active is, as VIC know,
murderous enough. The more one looks at the
evidence in these cases. the more one fails to
find anything but murderous passion, the active
desire to aycnge wrong real or supposed. A
moments reflection, however, reveals something
beyond and entirely different from an emotion,
something beyond mere passion,-it reveals
time to reflect, time to devise the plan the hour,
the manner Of the yfctim's death; time, if not
to make the act one OF premeditation, at least
to raise the fearful question what time Is rcqui-
site to constitute generalization where man
has determined to commit murder.
II, however, 1t be contended that there was no
premcditarion in these cases, then mark what
follows. Says DR.. WYMAS, so many years Ply
sician of the Mclean Asylum for the Insane
in Charlestown, Mass: "lnsanity Is some
times manifested By q sudden disposition to
violence, and sometimes to great violence; but
do not remember that I have seen any case
where the first symptom was disposition to
kfl.'' Besides which, and as we know, broad
distinction is made by the law and the COM
munity between the man who suddenly commits
murder without cause, without motive, and
without provqcation, and another who has all
three incentives to crime. In addition, BECK
we'll remarks: Il 1t is evidently impracticablc to
lay down a rule Of exemption on the ground OF
insanity. That before NE have COM
petcl it re shall find that we have Introduced
the effects Of riotenf passions as species of lem
porary Insanity. Tile philosopher may Justly
deem them so, but the safety Of civil society
requires that they should be considered Is
crimcs,n
What shall be done with SrEvESs. For the
law to condemn him, whilst the law has al
lowed, for the selt-sanle otfensc, with the self
same plea S1cKLEs, COLE and MCFARLAND to
escape punishment, would probably, to the
many, seem unjust. Will the ''law,'' however,
which, az We are told, ais the administration Ut
JUSTICE" add another precedent for tile plea Of
.<>@$ II s,ca fp rrx kc1f 1f,.An
cmption to murtlerers,-tree license to every
S1cKLEs, COLE. MCFARLAND, aul STEVENS?
/ These are indeed grave questions, and concern
every man and woman In the country. 1t js
not for us, however, to discuss what the JURY
will in this case think proper to do. This much,
though, we may be permitted to premise: that
there will not be single jurymnn among those
mpaneled to try STEVENS but who, on quitting
the jury-box when the trial is over {should
STEVENS be acquitted), will not both feel and
fear that his life is not as safe as it was be-
fore the verdict, and that he has contributed to
demoralizc society.
Is there no remedy, no preventive, no
effectual or satisfactory way Of dealing with
these cases! PlainlY there would seem to be.
Maine enacted in 1917 't that when any person
is indicted for criminal offense, or is com-
mttted to jail On charge thereof, any
Judge Of the Court before which he is to be
tried, when plea of insanity is made in
court, OF be is notified that it will be made,
may order such person into the care
OF the Superintendent OF the Insane Hospital,
to be detained and observed BY him till the
further order Of the Court, that the truth or
1alslty OF the plea may be ascertalncd."
Scw YORK in 1874 enacted laws which pro-
vide fOr san investigation Of the sanity or in
sanity Of the accused as q separate and inde-
pendent proceeding from the trial of the ln-
olctmen:," and after such preliminary invcsti-
CATION '1eavc the question of the guilt or
innocence OF the accused to be tried by ITSELF"