Savannah morning news. [volume] (Savannah) 1868-1887, 1881-07-05
The Plea of Insanity.

Editor Morning NetUs: In your editorial of
the 4th, in commenting on the terrible crime
committed by Guiteau, you gay: He is said to
be insane. He doubtless is crack Drained IA
matte, but it is evident that his crime is due as
much to his stalwartism as to his insanity. +"
1t has occurred to me that no more fitting on
portunity can present itself upon which to en-.
deavor to remove the popular impression that
persons said to be insane" and believed to be
crack Drained" are not responsible for crime.
We talk about the law of insanity. PROPERLY
speaking there can be TO law on this subject
other than the facts themselves. Courts can
not rightfnlly say that insanity under certain
forms destroys no element of responsibility
1t may, or it may not; it is simply a question
of fact. 1t is claimed that the law has followed
in the footsteps of science though,
perhaps, at conservative distance
fully recognizing its improvements and sub
ordinating its authority TO them.
Being question of fact in each particular
case, it becomes the province of jury to pass
upon the mental state of the accused at the
time of the commission OF the act; but this
under proper judicial instruction, and that Of
Judge Bull In Choice VS. the State of George,
81 Ga 454. seems to be the true exposition Of
the law; That If man has cap city and
reason sufficient to enable him to distinguish
between right and wrong as to the particular
act in question: If he has knowledge aud
consciousness that the act he Is doing
n Is
in the eye of the law, of sound mind and
memory" This charge of Judge Bull Is sus-
tanned by Judge Lumpkin; but added to this
test is aOotheri Has the defendant In a crimi.
nal case the power to distinguish right from
wrong and the power to adhere to the right
and 10 avoid the wrongf Has the defendant
in addition to the capacities men
toned, the power to govern his mind and
his bodyf Can any Intelligent mind for
one moment doubt the soundness of the
above doctrine ] hat this assassin had reason
sufficient to distinguish between right and
wrong, and the power to govern his mind, is
clearly evinced by his postponement OF his
mur6erous design to a more fitting time than
that presented at Long Branch, and the per.
ception that Mrs. Garfeld's recovery might be
retarded by the shock is ample proof not only
Of the distinguishing but Of the governing
faculty
Il viii rot do to let 1.-The evil passions grow
upon what they feed on" and IF one has in
dulged his passions or blunted his moral sense
so that he can commit crime without remorse,
and fails to see its Nervousness, as persons OF
purer morals and more restrained passions see
1t, this does not make him insane"
The meagre history of this mans life. CLEAN
ed from your columns. all lead to the conclu-
sion of his sanity, but point irresstibly TO the
conclusion of an utter want of moral sensi-
bilities through the qualification of his evil
Let it be understood that this indulgence
leads to crime, from the deadening of the
moral sensibilities; and that he who so in
duleibQ commits crime. and Is responsible,
meie out to him the full measure of punish
ment, that human life may enjoy protection
from the Vaccinations Of the wicked: and let
this punishment not only deter others from
crime, but teach them to curb and control the
straint, and the plea Of insanity set up for
towards like this viii become less frequently
the shield by which the guilty escape their
justly merited punishment. MEMO.