, 1881-11-23

insane persons who nre compelled 1,y mi IT.
rcsistlbic forru Ia .to wrong anil are upablo
to control tlcir actions. Another nlnn might
l'e 10 sucl, victim Of impulse: yet, II n mnn
was shown to bo II innnnina,lfRc OH any sisl'-
iect, or 10 1,ayo been Of unsountl mind In my
tl1osu things must have ttefr
weight will, tic Jury. TN tho question NJ 10
whether Tho prisoner WINS III control OF l,fnl-
self wlon tho shooting was done, or whether
he would llayu ttono stlcll 4 decd Init llo
been Of sound mint, llp cttct1 cases wficro
men Ind t,cen hung. notwithstanding n dc.
fensc Of insanity, md wlicrn post-tnnrtcm
examination llntt royenlel unmfstnkabte In
sal>ttv. lie even pointed ont q caso III this
court, Judge Fisher presiding, where n col.
Oretl woman was convicted for thu Murtter
of n wl1to rlalt, md that, pending now
trial, allo died, MID Tho post-n.orten exn1niia
lion showed that sllo was lnsnne. lie hc-
loved, loo, tint
Dill Al'noSArD
has testified 1T n certain casc TINT n man wns
SINE, wheii. after death. no was found to
linyo been Insane, atd yet tho Jury will linye
to depend greatly upon expert testimony In
this case. atr. Scoylllu mentioned these
things to show tint iMsnme tlufetlscs nre not
niways s!laMs md dottges M iitsano man
was ever declared satc, although the reverse
wns frequently tic casc. III such cascs tho
burden Of proof rests witt, tho prosecution.
The present wns tho cuso OF man who
lnckcd reasoning power, WHO knew what llo
wanted to do, bnt not how to do 1t. lle was
not llad. N0r crazy, but lacked reasoning
faculties. starting with fa1so promises, nnl
tried to argue from them. Scoyilo said llo
understood II cnso nearest like the present
would be testified to BY
Dir. sr1TzEI,, Of NEW Y0,Its,
who claimed tint lan with Il peculiar de-
feet Of mind might go In politics, lninglo
with great inen, think himself 0nc, dislike
his treatment, aMt nrell commit q grcnt
crinlc This scenled, fn1ect!, 10 l,o II prop'l-
ecy of this shooting. lie tltu not Insist
insanity was always hereditary, but
1t was tic rule rather t!,an the exccn-
ton, that where there wns 4 taint
IN the blooh insanity WIS tllo probable re-
suit. Scovltle argued tlat 1t was Impossible
to separate tho mind from tho body, and Just
rs wrong TO punish 4 1natl for nlatornnton
Of tho brain rs for nialfornatbn OF Il foot or
nrm. Tllo yict1m Ind no control over II, and
was not to blame. Counsel then proceeded
to discuss the causes and evidence Of tnsan-
It's. The caso WAS ettett Of I'LL Oht0an wlu
attempted to sE00t 1layes, ind WIS subsc-
queutly sent to all Insane nsylun,, md 1t WIS
shown that although tho nun Ind tuvcr bcen
In Washington Ile had II complete plail Of tho
Capitol. TfIls wns to sslnw TINT iilsunu pco-
pie often plan ont their subsequent work.
Scoyillo argued that trrltabillty aluL inability
to slo business, !a'tluyen l,onlcics, wern fire.
uncltly incidents Of desire to kill. Thu
most common kind of insanity wns w|lero
there was lack of a!.y motive, which, Ut
course, showed II lnGk 0f reasoning powers.
Sucll was tho caso OF II young 1l!an who ro-
Gently shot tlown several nleii and was sllUt
llinlself. Scoyflle next considered tic quos-
tloa uf
FrraS1Na 1NsASrTY;.
and saitl II tho prisoner was feiyn1ng llo wus
not worthy tic protection OF law. Experts
wore mover unable 10 detect 4 really Instlilo
man, bslt sonse men ut times were able to
full experts. III order to tlo this n,all must
iInvc knowledge Of insanity. Guitenu has
none. Yut tic District-AttOrncy Ind said l4e
WIS sane and feignl1,g pasL
At tlifs point Gulteuu interrupted fl loud
sc!cc: II nuvcr fclgn anything. i always
net ~ I alsl, stlie or fNynlle."
Scoyllle-That, expect, will be- proven to
tic Jury.
Scoy1tlo continued, tllat when lie lrst I,uartl
Of tho shooting llo llnl sud, rs did Mr..
Dlalno md Gen. Garfield: "Tllu ma,l Is
crnxy."
Distrlct.Attorney Corkllill
DENIED THAT rlf.A1SE AND aARF1E1p
had cvrs snld 50. nild called attention to the
fact that Dlatno Ind swurn he thought Gui-
tGau sane.
Scoyilc replied that he expected to bring
1t,j,f .j.,4., T..