The Wellington enterprise. [volume] (Wellington, Ohio) 1867-188?, 1881-12-21
state Assassins and the Defense Of

F
The tragedy of the 2d of July last
suddenly revived public interest In an
old topic-the defense of insanity in
capital cases. 1t is well-worn theme,
much discussed, and always with an un-
satisfactory result. What is moral in
sanityp What is legal insanityP Con-
elusive answers to both these questions
have often been attempted but never
given with such definiteness and decis-
/ fveness as to shut off debate. Every day
the controversy is resumed in our courts,
and apparently will 60 on to the end OF
time. 1t is settled one day, and the day
after we find it is not settled at all.
ssWhat, said the late DIR. Forbes Wins
low, sis my, test of insanityp 1 have
none. / know of no unerring, infallible,
and safe rule or standard applicable to
all cases." So too, the British judges,
after all their elaboration of statement
touching what does and what does not
constitute legal insanity, finally con-
fessed that ssthe facts of each particular
case must of necessity present them
selves with endless diversity, and with
every shade of difference in each case. ="
But II 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 de-
clares that s'all power of fancy over
reason is q degree of insanity" and
Montaigne asserts that between genius
and madness there is but ga half turn
of the toe" NJ. Taine 'concurs in this
dictum, and philosophically AYERS that
'.ipsanity is not distinct and separate
Empire; our ordinary life borders upon
Fit, and we cross the frontier in some
part of our nature"
II has been the periodic mission of
the assassin to revive this moot question.
One day the world stands and shudders
with unanimous horror, and the next
divides upon the old issue-Was he in
saneP 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 pistol 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 regicides. In the first
case there was no opportunity offered to
the assassin to plead insanity. A 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.
1t is, perhaps, worthy of note that not
one of the men who have of late muir
dered, or attempted to murder, Cars
or Emperors have offered the plea of
insanity. In Great Britain and the
United States it seems to be the assas-
sins invariable defense. 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
could have committed such an actp And
that is the question which the tragic
event that has recently shocked and
saddened both hemispheres once more
invests with melancholy Importance,
and presents for decision to an Ameri-
can jury.-James ". Clarke, IN atlantic
AonthlU. .t