The Evening critic., 1882-01-26

Mind
at the time the crime was committed. 1t
was TO be shown just in what sort ofa
mental condition he was when The crime
was committed. They were to decide the
question Of the normal or permanent state
oftho prisoners mind. If they were salts
fed that the chronic or permanent cOndi-
tions of the prisoner rs TO insanity were
such that he knew right from wrong, and
could discriminate between the two, then
there was
No Doubt of His Responsibility;
but if he did not possess that discriminate
ing power, then he should be declared
irresponsible. Probably way TO judge of
the powers of the mind was Had some
one else killed the President, what would
the prisoner have thought of that act, and
TO what extent would the actor be liable
for his act? lie then cited the McNaugh-
ten case, which has been repeatedly re-
referred to during the trial as an authority
on the subject of insane dcusions; which,
he said, played an important part in the
case.
On the Question of Insanity
the Court read number of authorities
bearing on delusions, showing them to be
susceptible to removal by reasonable argu.
ment. In most cases the delusion centered
around the person affected, which come and
go like phantasmagoria or dreams. A man
cannot be reasoned into insane delusions or
insanity by reasonable argument.
Such diseases generally result from weak
intellect and other causes. A man might
talk of strange subject and create the
impression that he was insane, and on
another subject talk nationally. This was
the coinage of q diseased brain. The ques-
tion for them to determine was the condi-
tion of the prisoners mind at the time he
committed the deed.
Ifsane sufficient to know what he was
doing, then he was responsible, and the evil
dence of his condition before or subsequent,
had nothing to do with the matter. 1t was
only admitted to aid in showing what his
condition was at the time of the committing
of the act
Judge Cox then read from the address of
the prisoner, which he issued to the Ameri-
can people, explanatory of his action; also
referred to the testimony of Mr.. Brooks.
In addition, the Court referred
To Statements Made by Guitcau
| after his arrest, in which he reiterated with
emphasis that the Presidents removal had
been a political necessity. This was all
| that emanated from the prisoner until the
| trial began.
| The jury was supposed to know whether
| Guiteau's motive was an insane delusion,
formed prior to and until two weeks after
the shooting. When men reasoned, the
| law required them to reason correctly and
| practically as far as they were able. This
the jury must bear closely in mind.
A man may believe a course of action
| right and the law wrong, nevertheless he
must obey the law and strive for its vindi-
cation. The Mormons believed that
A Plurality of Wives
was right although the law said it was
| wrong.
One of them was arrested and tried and
convicted, and the case went by appeal to
| the Supreme Court of the United States
where an opinion was given that man
could not be excused in violating the law
on the ground of religious belief. Here, he
said, a man might reason himself into the
committing of this crime, but to
ALLOW Min 10 Excuse Himself
on the ground Of an insane delusion
would be simply monstrous. The substance
of the ideas put forth by the prisoner fol
his justification in committing the crime
seems to be only those vagaries for which
the law has no liberation.
This was not all, however, that the de.
fense claimed. The defendant claimed to
have been laboring under an inspiration or
pressure when the crime was committed
The defendants statement to that effect
though, was not evidence.
No Verdict Could be Safely Rendered
on the testimony Of the accused under sucl
circumstances. 1t must be apparent to tht
jury by testing the manner and Language
of the defendant before and after the crime
This, like all questions was open to seri-
Gus consideration, and should not be hastily
dismissed. The Governments theory wa
either
Revenge or n Morbid Desire
for notoriety, and that he made no defense
of inspiration when arrested. That wa
not developed until after the prisoner wa
called on to prepare defense. That wa
what tho Government claimed and tht
jury was to decide whether it was true O
| not.
Guifeau interrupted the Court
at this point, crying out: 81 claimed al
along that ! was inspired by the Deity"
The Court paid no attention to the in
terruption, but proceeded to review al
length Guiteau's various and conflicting
statements as to how he became inspired
These facts the Court elected from the tes
timony of various witnesses for the prose
cution.
On the other hand they had the prison
er's testimony that he claimed he had tn
inspiration at the outset and they mus
therefore look into and see when it ex
listed how, and what was the nature of il
His Honor then read the testimony O
the experts-Drs. Gray, Mcdonald an,
others-tor the purpose of showing hi
idea Of Deity and connections with it, an,
that he claimed it in the inception and no
in planning for its execution.
Also the prisoners testimony to the eaec
that the act was inspired by the Deity, an
had it not been for the political situation
he should have thought that it came froI
the devil.
Tho Court recalled the variations in tn
several statements of Guiteau, discaimin
, all responsibility of removing the Pre5iden
at one time asserting that it was an act Q
his own free will, after praying to be II
lieyed from the delusion, and at anothe
that he was carrying on
The VIII of the Dicty.
1.-THE testimony of DIR. Gray" continue
the Court, "was remarkable instance Q
that fact"
"Yes, Your Honor" Guiteau ehimed il
"but DIR. Gray's statement was incon
plete."
On all this the question was whether I'll
idea Of killing the President came to IL
: prisoner under delusion, or that it was
speculation of his own which the politics
situation aided, and whether or not it WI
' not one of these vageries which the la
does not admit as an excuse for crime.
: 1t was difficult to determine the consis
ency OF insane delusions, but he had r.
{ feIrel to it as the evidence of the defeni