Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-11-19
State Assassins and the Defence Of
Insanity.
BY JAMES W. CLARKE

The tragedy of the I'd of July last suddenly
revived public interest in an old topic-the de-
fence Of insanity in capital cases. 1t Is we'll
worn theme, much discussed, and always with
an unsatisfactory result. What is moral in
sanity? What is legal insanity? Conclusive
answers TO both these questions have often
been attempted, but never given with such
definiteness and decisiveness as to shut O fl
debate. Every day the controversy is resumed
in our courts, and apparently will 60 on to the
e nd OF time. 1t is settled one day, and the day
at ter we find it is not settled at ALL "What, 4"
said the late DR.. Forbes Winslow, sis my test of
insanity? / have none know Of no unerring.
nfallible and safe rule or standard applicable to
all cases." So. too, the British judges. whose
effort to define the undefnable we shall present
ly examine at length, after all their elaboration
of statement touching what does and what does
not constitute legal insanity finally confessed that
'the facts Of each particular case must of ne
cessity present themselves with endless dyersi-
ty. and with every shade of difference in each
case" But if it be difficult to define what is
legal insanity, which is mere matter of human
law. how much more difficult is it TO determine
and define what is moral insanity? DR.. Sam
Johnson declares that ''all power of fancy over
reason is a degree Of insanity and Montague
asserts that between genius and madness there
is out IA half turn Of the toe" N. Taine con-
ours Ill tUlS OicCuul, anu pHIlOSOpHICdlIy AYERS
that insanity is not q distinct and separate en-
pre; our ordinary life borders upon it, and we
cross the frontier in some part Of our nature"
1t has been the periodic mission of the assas-
sin to revive this moot question. One day the
world stands and shudders with an unanimous
horror, and the next divides upon the old ISSUE
Was he insane? 1t is oppressively monotonous
In looking back over these historical tragedies
to find how invariably the modern imitator OF
Brutus comes down to the fOOtlights with pis-
tOl in one hand aud plea of insanity in the
other. In American history, so far we have
mad only two creatures corresponding to what
In the vocabulary of Europe, would be called
regicides- In the first case there was no oppor-
tunity offered to the assassin to plead insanity
vast amount of legal lore and medical meta
PHYSICS was forestalled by the summary shooting
OF wilkes Booth in the barn where he was
brought to bay.
III Is, perhaps. worthy Of note that not one Of
the men Who have Of late murdered or At
tempted TO murder, cZars or emnerors have
offered the plea Of insanity. In Great Isrifain
and the United States it seems to be tho aSsas-
sins invariable defence. And in both conntr;as
counsel for the accused start with the advantama
OF being able to ask the jury. as Mr. Cockhnrn
did in the cases both Of Pate and McNanghten
Could they believe that any sane man could
have committed such an act? And that ia tho
question which the tragic event that has ro
Gently shocked and saddened both hemisnherea
once more invests with melancholy importance
and presents for decision to all American jury
December And5tic.