National Republican., 1881-12-10
Guitcutt,

After all the efforts of the defense to
prove Guiteau insane, and the crushing
weight of evidence presented to contro-
vert that claim, the public will be amazed
at the conclusion to find how the Court
will finally be obliged, under the law, to
instruct the jury. If it could be shown
that every member of the prisoners
family was insane, and that he was him
self Of unsound mind, still he could not
escape the conviction for. murder, j IL
rOuid be shown that he kpeC whot he pds do
ing lrhcn he shot he Prcsid,m and kaeW that
IL jrd5 an unlaWfW act. Such will be the
Judges charge to the jury, unless he over
rides both English and American law.
In support of this we present the follow
ing:
In the New York Court of Appeals, in
the case of William Willis, Chief Justice
Den rendering the opinion, it was held
that 'if the prisoner when he killed the
deceased, was in such n state of mind as
to know that the deed was unlawful and
morally wrong, he was responsible"
Furthermore, the Judge of the Court be-
low was sustained in having instructed
the jury:
That an irritable temper and an excitable dis.
position OF mind did not constitute insanity; that
nn individual possessing such mental peCuiiarites
Yas more predisposed to un attack ofinsanity than
men in general, but was not on that account act
ualy insane; that such pecnarities were not Of
themselves evidence of insanity. If at
the time of the act the person was under dc.
fusion and did not know right from wrong, or
lint tbn al tua ,nfI,nn hn
insane and not responsible for the act; but that
person mol insane WhO kneiO right from iCrong
and that The act he Wds committing tCas VioaliOn Of
lac and iOrong IN ITSELF
Says the Chief-Justice: "The general
correctness of the position laid down
cannot be questioned. 1t is in substance
and in the language usually adopted, and
which is sanctioned by the authorities" )"
t32 New York Reports, 7l5.)
The judges of England being required
by the House of Lords, in accordance
with law and usage, to give an opinion
on the law governing "the question of
the nature and extent of the unsound-
ness of mind which would excuse the
commission of a felony of this sort" (mur-
der), gave the following.
Mr.. Justice Mamie said
To render person irresponsible for crime on
account of unsoundness Of mind, the unsoundness
should, according to law as II has long been un-
derstood and held. be such as rendered him in
capable of knowing right from wrong.
The unanimous opinion of the other
judges, rendered by Lord Chief Justice
Tindal, was as follows;
The first question proposed by your Lordships is
.r. 4 81. I..v
committed by persons afflicted with insane dclu-
sions in respect of one or more particular subjects
or persons, as for instance, where at the time of
the commission of the alleged crime the accused
knew he was acting contrary TO law, but did the
act complained Of with view, under the influence
of insane deluson, of redressng or reyenging
some supposed grievance or injury, or of pro.
ducing some supposed public beneht2
In reply TO which question, assuming that your
lordshIps' inquiries are confined to those persons
who labor under such partial delusions only, aud
one not In other respects insane we are of opinion
that. Notwithstanding the party accused did the
act complained OF with yiew under
the influence OF insane delusion, of re-
dressing or revengiug some supposed grievance
or injury, or Of producing some public benefit
he is nevertheless punishable according 10 the
nature Of the crime committed, IL he knew at the
time Of committing such crime that he was acting
contrary to law, by which we understand Your
Lordship to mean the law Of the land. 40 Clark
and Finnelly's Reports, 2OO)
Let every reader recall the facts in
Guiteau's case, and his own acts and
declarations, and then see how he can
escape on the plea that he did not
know the act he was committing, and
that it was contrary to the law OF the
land.
If all testimony not directed against
these two points had been excluded the
Court would have been right,
OF course the argument of counsel will
cite all the authorities, and Judge Cox
will charge the jury upon the law, in
which he is himself most learned. The
tragedy draws 10 n close. There seems
no likelihood that its last act will be per-
formed in an insane asylum.