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

BY JAMES w. CLARKE.
The tragedy of the Cd of July last suddenly
revived public interest in an old tOpic-the de-
fence Of insanity in capital cases. 1t is a 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 fl
debate. Every day the controversy is resumed
in our courts, and apparently will go on to the
end OF time. 1t is settled one day, and the day
at ter find it is not settled at all. ''What, -
said the late DR.. Forbes Winslow, sis my test of
insanity? / have none. know Of no unerring,
infallble and safe rule or standard applicable to
all cases." SO, too the British Judges whose
effort to define the undefinable shall present.
ly examine at length, after all their elaboration
of statement touching what does and what does
not constitute galnsanity finally confessed that
1.-The facts of each particular case must of ne
cessity present themselves with endless diversi-
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 ''al power Of fancy over
reason is degree of insanity" and MOntaigne
asserts that between genius and madness there
is but "a half turn Of the toe" NJ. Taine con-
ours in this dictum, and philOsophically AYERS
that Insanity is not distinct and separate en-
pire: 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 imtator OF
Brutus comes down to the foOtlights with q pis-
toll In one hand and plea of insanity in the
other. In American history, so far, we have
had only two creatures corresponding to what
| in the vocabulary of Europe, would be called
regcides. 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 fOrestaled by the summary shooting
Of Wilkes Booth in the barn where he was
brought to bay.
1t is. perhaps. worthy of note that not one of
the men who have of late murdered, or at
tempted to murder, cZars or emperOrs have
offered the plea Of insanity. In Great Britain
anu the United States it seems to be the assas-
| SINS lnvariable defence. And in both countries
counsel for the accused start with the advantage
| OF being able to ask the jury, as Mr.. Cockburn
| did in the cases both of Pate and McNaughten:
| Could they believe that any sane man conld
have committed such an act? And that ia the
question which the tragic event that has re-
Gently shocked and saddened both hemisnheres
once more invests with melancholy imDortance
| and presents for decision to an American inrv -
/ December Atlantic