The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1881-02-03
Row TO sroP rHE INsANrrYpopGr.


days ago, introduced a bill in the
Senate, having for its purpose the
prevention of drunkenness and tenn.
porary insanity, produced by the
excessive use of ardent spirits. from
being plead in courts OF justice in
justification of criminal -offensss.
The purpose of this bill is TO pre-
vent acquittal on the insanity
dodge y vet il allows the plea to be
used in mitigation of penalty. The
bill, as introduced, sets forth that il
shall be the duty of district and
county Judges, in criminal pros
ecutions, where temporary insanity is
relied upon as defense, evidence
tending to show that such insanity
was brought about by the immoder-
ate use of intoxicating liquors, TO
charge the jury in accordance with
the provision above set forth, touch
ing mitigation of penalty. The bill
was sent for consideration TO one of
the Senate Judiciary committees,
and yesterday il was reported
back adversely by Senator Stewart.
Accompanying was minority re-
port. signed by Senators Holman and
Weatherred, dissenting from the
committee report. II is therein
correctly claimed, that the bill
strikes nj the root of great and
growing evil in criminal practice.
and, seeing no reason why persons
laboring under a temporary aberra-
ton Ofmind, brought on by the vol
untary use of Intoxicating liquors,
should enjoy immunity from pun
ishment for crimes committed while
in that condition, the passage of the
bill is urged. The minority propose
to amend their report by requiring
that in murder cases the plea of
temporary insanity shall be used
only in settling the degree of
murder for which the defendant
may be found guilty. The minor
ity report with the amendment was
adopted by two-thirds vote of the
Senate, and il is hoped the bill as il
now stands will be speedily earned
through both houses of the Legisla-
ture, that il may soon become bar
rier in the way of licensed crime.
No stronger argument in this be-
half than that which was submitted
by Senator Terrell could be used.
He said: .. rts-
Mr. Py'esident:-"Foro once [ find
myself favoring. a measure advocat-
ed by the Senator from Burleson
Senator Homan). believe his mi
nority report is right. 1t proposes
simply to say to the citizen this:
You shall not by voluntarily de-
throning your reason with whisky,
escape punishment if you slay your
neighbor when thus temporarily in
sane. 1t proposes to say by legis-
lation. what the Supreme Court of
another state has said without
legislation. You will observe that
the provisions of the substitute
limit its effect to cases of temporary
insanity, produced by the voluntary
use of intoxicating liquor. But we
are told that there can be no crime
by the insane, that reason is dethron-
ed, that the mind must consent to
the act done before the law can de-
nounce its penalty. Now as an alb
stract proposition this is true, but
what application has it to the
man who, though he knows the vi
cious tendencies of his nature when
drunk, will deliberately drink to
reckless of the life
which he knows he is liable to sacri-
fee?
Mark the language ofthe proposed
aw: "That neither drunkenness
nor temporary insanity produced
by the excessive use of ardent spir-
its shall constitute any excuse in this
state for the commission of crime
but evidence of drunkenness or tenn
porary insanity produced by the ex-
cessive use of ardent spirits may be |
by the defendant in any
criminal prosecution in mitigation |
ot the penalty attached to the |
)ffense for which ne is being tried, |
md in cases of murder for the pur-
pose of determining the degree of
murder of which the defendant may |
be found guilty"
/ cannot subscribe to the doctrine |
hat such law is inhuman or cruel;
{ has become necessary for the
protection. of society. To refuse
% adopt. it, is virtually to
murder, The -quest ton
5 not whether one. insane: throngh,t
cause, shall be punished1
f he slay his neighbor, but whether
lie may roluntdrily make himself
insane, and thus escape
for an act then done
f insanity has become permanent,
nd of long duration, other consid-
rations must change the rule, no
natter how the man lost his reason.
Then society has contributed to the
rhine by failing to seize and confine
he maniac, and thus, having be-
ONE through neglect of duty par
iceps criminiS, it should not demand
is sacrifice.
All this sentimentaiism about
motionsl insanity and the distinc-
ion between drunkenness and
insanity is of.shodern
rowth .u.I.a. a.
To illustrate nv views of the sub
titute let me state q case. The pilot
{ a vessel loaded with human be-
lgs who are buried in slumber,
nows that he is approaching dan
erous point in the river, and that
Mess he is awake and vigilant, the
will drift his vessel ON n
unken rock, or plunge her down a
where the passengers may
erish. Knowing this, but reckless
{ consequences, with no excuse and
4 sheer wantonness, he goes to
eep and the crew perish, but he is
lved. Now at the time of the ca
unity he slept and his mind like
nat of the drunken lunatic, did not
( that particular time consent to
le act. But, Sir. was he the less
nifty? He had voluntarily slept
hen he knew that the sleep of
cath to others was likely to be the
irect consequence of his rashness.
ir. every man who voluntarily |
laces an enemy in his mouth to
.eal his brains away Is that sleeping
ilot, and whenever he encounters
on with n six-shooter at your
reast your barque is in danger of
ninwreck