Knoxville daily chronicle. [volume] (Knoxville, Tenn.) 1870-1882, 1881-11-18

In view of the ms nifty dodge now
restrted to in nearly all murder
cases, the following from the Clncin~
natl Gazette is to the point:
When the plea of insanity is set up
in defense Of murder, testimony Of
alleged medIcal experts is taken as II
there were d clear line Of division be
tween sanity and insanity. Yet ali
rejecting lnlnds are conscious that
there is no such line, and that the
matter of insanity is one Of degree.
The experts can draw no line by
definition, and say that on one side
all are sane; ON the ether ali insane.
They cannot even define insanity {;
they would like fail in defining
sanity. ......s-.
Minds are in as great a variety as
bodies. Of what proportion OF the
bodies Of men and women can it be
said that these are perfect III form or
sound in condition? OF how many
minds that these are always sane !;
always self-controlled; always well
balanced always IN normal state,
whatever that may be- All persons
are more or less insane all more or
less sane. All are conscious Of times
when they have done things under
strong impressions or impulses SO
lacking in judgment as show a state
verying on ballucination.
How many can say that they have
never played the fool, il business, In
morals, in love, in religion, in any
thing? How many are there who
would not be pronounced insane by
a medical expert, upon a hypothetl-
cal picture OF some of their actions
drawn by sharp lawyer, seekin4
this answer? Many are in asylums
who are as sane as the generality on
al subjects but one. More are out
side who have some one streak upon
which their Judgment is not sound );
plenty who have more than one.
The chief difference between the
inside and outside of insane asylums
is one Of the majority and the mi
nority. In the majority are streaks
in all degrees; but they have the
power to shut up those In whom the
streak gets too broad. But this &C
ton is no more likely to be infallible
than any other action of the major
ity. Many who ought to be III still
run with the majority; many are III
who are no more insane than many
of the outs. Yet medical experts
come before courts in murder 'rlals
to testify as If there were fixed line
between sanity and insanity, and
they assume TO draw it.
But because minds are streaked, it
does not follow that thy are II
responsible. That would be to abol-
ish all moral accountability. No one
can pretend that all are equally SUB
ject 10 moral influences, but we d
not measm the penalty by that Pun
ishm mt comes in t. take the place Of
moral influences. It is itself moral
influence. Is the offender consciou,
tDat The thing he does is forbidden
under penalty? Then he SHOULD
suffer the penalty, no matter now
streaked his mind.
Does he know when he kills tina
he does that for which the penulty i.
banging Then he should bt
hanged, no matter what insane
pranks he may play. 1t is necessary
to him, and to restrain others rk.
him. Do, the manslayer know th'
laws consequence of his deed
Then the consequence should follow
Even raving maniacs are subject tx
fear Of punishment. The threat 0
the whip is terror to them. Wha
folly and abandonment to hold tina
persons aye a little queer, but ar
thought sane enough TO be at large
are not responsible, when they kuoV
the penalty Of their oFense!
If it be said that to commit crime
knowing the laws penalty, is proc
OF insanity, then there would be III
conviction for any offense. Befor
the law one mans life should be a
precious as another's. The Gazett
does not desire any straining of tn
law to convict Guiteau because tn
man he murdered Was President
We have expressed views similar +
these with regard to some atrociou
acquittals of murderers In our Stat
courts, upon the plea of insanity
} through juries duped by alleged meo
ical experts, who testified as If Their
were a fixed boundary between sal
| ity and insanity. and thew knew 1t