Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-11-30

these American decisions are certainly an adj
vance on any judgment concerning insanity
which has been given in this country; they put
in a proper light the relations of medical Obser-
walton and law in questions of mental disease:
and it cannot be doubted that future progress
will be along the path which they have marked
out. The question which will probably be sub
mitted to the jury will be substantially Was the
act the offspring or product of mental disease j?
and it will be seen that to lay down any So
called test OF responsibility, founded On a sup
posed knowledge of right and wrong, is, as
Judge Ladd remarked in State Y. Jones, ian in
reference with the province of the jury, and
the enunclation of proposition which, in its
essence, is not law and which could not in any
view safely be given to the jury as rule for
their guidence, because, for aught we can know,
the unanimous testimony of medical men of all
countries who have been practically acquainted
with insanity, it is declared positively that such
a proposition is false in fact, it is clear
that the law, in enunciating, it. is not
but actually perpetrating an injustice. 1t
is simply doing in regard to insanity what it did
formerly in regard to witchcraft- errone-
Gus opinions on matters of fact to the Jury under
the name Of law, and with all the weight of
judicial authority. In one Of the latest trials
for witchcraft in this country, Lord Hale, whose
crude dcta concerning insanity were SO long
acted upon in our courts Of justice instructed
the jury: THAT there are such creatures as
IL. IT,.
Scriptures had affirmed SO much Secondly. the
wisdom Of all nations had provided laws against
such persons, which is an argument of their
confidence of such crime" The jury accord
ingly found verdict of guilty; the judge, salts
fed with it. condemned the prisoners to death.
and they were executed. 1t is one of the last
executions for witchcraft in this country. for it
occurred at time-and this should never he
forgotten-when the belief in witchcraft was
condemned by the enlightened opinion of the
country AS it was then with witchcraft, SO it
is now with insanity; the judge instructs the
fury wrongly on matters of fact; they find ac-
cordingly verdict Of guilty; he is satisfied with
the verdict and an insane person is executed
The falseness of the legal position will appear
at once five suppose case of poisoning instead
of a case of mental arrangement: what would be
thought of q judge who, when medical evil
dence of poisoning was given, should
instruct the jury, as principal of law
that they must be governed in their verdict by
the presence or absence Of particular symp-
tom? s.If the tests Of insanity are matters of
law, the practice of allowing experts to. testify
what they are should be discontinued; If they
are matters Of fact, the judge should no longer
testify without being sworn as witness and
showing himself qualified to testify as an ex
pert. n But, in truth, the tests of insanity are
no more matters Of law than are the tests of
poison or the symptoms of disease. eff q Jury
were instructed that certain manifestatiens
were symptoms or tests ef censumrtien, cholesA
congestion g peaseos avscdiet rendered n e. ]