Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1881-11-24
The Insane Dodge.

me insane UodEe.
The plea of insanity has been ao
often misused and prostituted in our
courts of Justice, that the public and
jurors have justly begun to look with
distrust, if not with suspicion unon
nearly all cases based upon this plea.
A brute commits terrible deed which
shocks the whole community. Every.
body pronounces it inhuman: there ;s
no doubt about its brutality; instant
ly the thought comes, il is a nat.
ural and humane one,-that the man
could not have committed such an mn.
natural crime while in his right mind /:
and he is therefore insane. With this
defence, the cloak is thrown over a0.
gravated sins, justice is cheated. had
men take courage and nurse their
demonical tendencies. A man NAV
plan murder with as much delibera-
ton as a general would plan to mine a
city; his mind may be wrought up to
terrible earnestness by constant con-
centration upon that one thing. Ia
not that man responsible for the state
of mind. and for the consequence of
the terrible deed which comes. Most
certainly. A man may follow the prac-
tice of liquor drinking, beginning
with moderation, but ending In ex.
cess, until his brain becomes fairly on
fire with the demon, and filled with n
passion for some innocent life that
overthrows everything else; but is not
that man responsible for his acts ?
Certainly he is, and the insane dodge
should not avail. A man has the
power to work himself into condition
or frenzy amounting almost to insanity
for which he should be held RESPONSE
BILE.
The case of Guiteau illustrates COM
pletely the point we are making. His
sharp counsel saw the staleness of the
defence which he has finally settled
down upon, and was feeling his way
along with one defence based on want
of Jurisdiction, and another on NAL
practice. These props having been
knocked out from under him, he falls
back upon the insane dodge, and issues
piteous appeal to the world to volun.
teer witnesses to him to prove his
clients insanity. We believe that the
law has held that man 50 obviously
and entirely demented as to be in
capable of understanding the character
and result Of his acts, should not be
subjected to the same penalty as a
man in the possession Of his ordinary
faculties; but this principle cannot
apply in the present case. In de-
termining the question of insanity.
the conduct of the man in the ordinary
avocations of life, is the sole, safe
guide. We had rather have the opinion
of the mans intelligent neighbors, who
have lived in his vicinity year after
year, than that of the slight OBJ
servations of so-called experts on
the subject Of insanity. Mere de-
pravity, and an inclination to do the
worst thing possible, are not the
slightest evidences of insanity. for
these may be compatible with
sound mental condition. In the case
of Guiteau, you may look his whole life
over. as far as it has como to
the knowledge Of the public, and though
he has in living defied most of the NOR
al standards,-you will fail to find a
single act which points directly to an
unsound mind. The law will take its
course in this case, and the great crim-
inal will be tried, convicted and hung.
And even so bad criminal as he, will
not be hung just because he deserves
it, but he will be hung for the protec-
ton of society, and to deter others sim
ilarly disposed from doing as he has
done. The law and the courts, the
prison and the gallows, are to protect
society, and the only measure we Can
apply to a crime is the injury that
society sustains. Courts of justice on
this mundane sphere are not to Judge
of criminals moral guilt-that is
left to a higher and unerring tribunal,
but he is to be judged by his offence
against the social order. While mercy
should sit over against justice in decid-
ing these great questions, mercy should
not depose justice from her throne.
Society needs little healthful bracing
to resist the sickly sentimentality that
would cover every red-handed murderer
with the thread-bare garb Of insanity.
Coronation and Inauguration.
Pail Mall Gazette.
President Garfield died between 10
and IL o'clock on Monday night. At
2 o'clock on Tuesday morning, two
New York judges administered the