New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-01-10


he said "aln; 700 or 500 letters that eNNtc' 10 eN
anime o. soon have time. good maH are Ho'u
ladies expressing symIutay aud prNihg '"A' wv
acquitted desire to thank Tie ladies' az America y"
their sympathy. On saturday received '"''"
81 600 from the Stalwdrts ~ Brooklyn; also one ''I
hoo from IL, StalUarts u New orS desire to can
ON other Stalw9rts Ia show their hands with 'hc'N''
(Angriiv ;u the Nl;'sl Keep quiet am NINA H"'r n-'
ines- paut interior. wtu me when am speaking
MI Scovl!ie resumed ms argument IN AnpF'" ." '"o
prayers for hc d fence taking u up at the p''H ""''
he left of on SATURDAY. to The point ~ INSANITY h'E
tho obi,v IN dt.u-i-a be we.n right and wrong. lie
believed II was net possible Ia pr>'1co l2te casr IN
England O. America Involving ;Ae point o. i'IeNis'lhe
impulse in which the Colrts had -".ianod purely ava
without qualifications the positions 81 the hhEHSu
tpdrcs laid down tbc HouseoI L'S Ia tho N'NaosA
Ten case Referring the charge al Judge Noah DAVIS
IN the Coleman case hc s,id tLq while the opinions 81
iudecs arr c tied to weight ia matters properly before
them vet VA not properly before them ihl were
mere o5ts a,c and entitled TO nonore authority
than the Unions OF any other lawyer ana tha WIS APP
rtr,hle to tns opinion OF Jude Davis.
Referring again 10 the recent I'm sA ease Of tie Queen
again; Davis ne snid that under the principles oil Inc
McNau-hten case Davis would have been h'Ia 10 tA'
rule of the knowledge between right ana wrong anu 60
the knowlcd-e Of the cfnluali'y at 'hc art aaA 'e
renafy for ana yrt the C0urt ia that CASE ai down
te e in his charge 20 the jury. that II the prisoner
knew That the act he committing was
wrong he must he responsible, even thou2h
lie were MAJ: but that, il ms madness preFehI'"
that kunyy,-I-, he n,usJ he cXcnsed. That qnrs-
non OF iaci the nudge Lit to the jury IN th"i ease
and that was the defence u~Sed the cor7 to DO n
mi. case There seemed q be- an Inconsistency il '
ruling and can't nSSteucy arose from ue u'0l
cuatiou q thc Court in that CASE to oFerrnie )ucHu
nnh,1ity in the NcNuusLto ease, and its un"ilSneSS
Al the same time sallfy itself by saving chat !Ad'
uDrc,soy M rule should the sacrifice of human
HE Nh Scovilc next referred toa debate III the Ing
hsh Parliament June H. 1s77. on a proposition to
abolish 1elth penalty. and =" speech maue by ser
geant Parry quoriug the unanimous resolution 81
board of medical officers 0f as lun7 held at the H"Na
COLLEGE of Pliysi of London On Juy IA, lS64 hs
follows: Thai much al the mental c0ndl'ioh "I
criminal unatc renders inln responsible because ne
tnoVs the d rcnoe bet wrcn right ana wrong. ia ncon-
sstcut with the fact that tie power 70 Distinguish between
night and wrong frequently among those who are
updouh;cdy insane and often associated with danger
ous and uncomfortable delusi0n.' 1t was an admitted
fact that an irresponsible insane person might aud did
Frequently determine The question Oi night ana WRONG
and hal that degree o redsod left which enabled nm 10
determine it as ccurately person OF sound mind
Mr. Scoville then proceeded 70 give history oi inc
McNau Shten The phySicaEs IN thai case had
stated while the prisoner knew the difference be
tween right and wrong, yc that he npelicd lv an
insane impulse 10 do the and therefore waS NOT az
countabc the The Court in that case had gwen
specia importance the evidence of the experts VINO
had seen summoned bv neither side hut by the Iohr
rself-the very proposition winch he (ocoVlAc) Laa
made aud which had reen treated by the prosecution
with contempt.
The District Attorney had the experts on the
stand and were afraid o ask them any questions.
Mr.. Scovle-Oh! we all understand THAT aud under
stand how the rule p right and justice Jne prose
cutting attorney was wlen lie called upon the expert
from tca AID sad, "You To The jail II yam ind the
ursoirr 10 b.. insane. VIII put him trial" He
.ad that 10 man mat hc had called here under his pay
and direction.
Nj. scove then read from the charge Of Chief Justice