The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-01-11
"The Good Old Right-and-Wrong
Test"

The despatch from Washington Monday
morning gave us in detail the points upon
which the counsel for the government desire
the judge to instruct the jury i'll the assass-
ination trial. They consist, first, of detini-
ton of sanity, to the effect that, if the pris-
oner knew, at the time of the shooting, the
difference between right and wrong, he was
at that time sane and responsible; second,
of declaration that, if the prisoner pos
sessed the ability to so distinguish between
right and wrong, no belief, no irresistible
passion or impulse, no uncomfortable desire,
no moral depravity would excuse his act;
third, q declaration that the standard OF in
sanity must be that Of the law; fourth, that
no delusion, the ability to distinguish be-
tween right and wrong being present, would
excuse the prisoner.
It may reasonably be expected that the
defence will combat these points; and yet,
we do not on that account feel disposed to
allow the present opportunity to pass with
out entering our protest against every one OF
the propositions advanced. We do this not
in the interest of the prisoner at the bar in
this particular case, for we have little faith
in the plea of insanity which has been set
up in his behalf; but we do it for the sake
of science, reason, humanity, and even law
itself. We protest against rulings which
shall embody the prayers of the prosecution
because they ignore the progress which med
ical science has of late years made in the
Of inc hooancQ
they are contrary to the dictates of reason,
which. in these days, is wronged by the pub
lie promulgation of such doctrines; because
if they are generally accepted, many ire
sponsible lunatics, who deserve and should
have our protection and sympathy, III be
murdered by judicial sanction; and because
any bench from which they are pronounced
will certainly disgrace itself by a stupid and
blind adherence to antiquated decisions
which have long since been displaced in the
respect of the most advanced thinkers.
We had supposed that the attempt to give
definition of insanity, which should apply
to all cases, which should include all the
crazy and none of the sound-minded, had SO
universally failed that nobody would be
found to gratuitously undertake the fruitless
task again; but it seems we were mistaken,
for the government counsel distinctly lays
down the rule that if a person can distinguish
between right and wrong he is sane; if he
cannot do this, he is lunatic. This at once
brings up the dogmatic position of the old
English laws which declared that man was
responsible for his acts unless he was "total-
ly deprived of memory and understanding"
when, in other words, he was as obviously
irresponsible, in the legal sense, as was
wild beast After a time an advance was
made, and the ability to discriminate in
affairs generally between fright and wrong
was made the test of responsibility. The
evident ininstice wrought by this rule in
many cases, led to further change, and
the prisoners capability of distinguishing
between right and wrong in the particular
act which brought him ON trial was consti-
tuted the crucial test. But in 1900, when
Hadfield was tried for shooting at the King,
although it was shown that he knew right
from wrong, though he was proved to have
carefully planned the assassination and
expected to be punished for it, the
jury was convinced by the evidence
that the prisoner was a lunatic, and
on that score acquitted him. I'm
fortunately, the high ground upon which
this decision was reached was not persist
emily maintained by the English courts; and
in 1913, the judges established an arbitrary
standard of responsibility in insanity, which
has been the guide by which most opinions
on this point have been formed by the bench
in England and this country ever since.
This was what Mr.. Davidge reverently and
affectionately called tthe good old right-and-
wrong test 1t is impracticable in the linn
its of our editorial to minutely discuss all the
bearings of this proposition, for this would
require a somewhat voluminous treatise;
but we can indicate the fallacy of the posi-
tions of the government counsel in few
words, and give ourreaders comprehension
of the views which modern thought and
modern justice entertain.
First, then, we hold that very many luna
tics are capable of distins uishing between
right and wrong-a statement which needs
no proof to one who has had much observa-
ton of the insane. To go no further in il
lustration, we refer to the fact, admitted by
every alienist physician, that many mad
man has committed murder of the most
atrocious character, not only knowing that
what he was doing was contrary to law and
| right, but even in spite of his utmost powers
al ir,pn1ca ic of
times so strong that it seeks qualification
| upon the persons of those who are nearest
| of kin and dearest in the affections. Some
times the poor lunatic will experience GER
| tain sensations which warn him of the ap-
proach of the attack, and will beseech his
friends to flee from him or confine him un-
| til the fit is passed. We have some adequate
| idea of the violent passion which leads an
| inebriate to drink, even though he knows he
| will ruin himself by so doing; we see con-
firmed sots voluntarily betaking themselves
| to asylums where they will be held in re-
straint; but the impulse to kill is, fortunate
| ly, less frequent, and it is, consequently,
more difficult for us to understand its ma
ture. Notwithstanding, it as truly exists,
and is fully as worthy of recognition.
| Second, so far from its being no excuse
| for one who knows right and wrong to have
an irresistible impulse or uncomfortable de-
sire to do a criminal act, the very terms Of
the statement refute its intent. If an i'm
| pulse be irresistible, how can the person
who is impelled by it be held to accountable
ity for it? But, aside from any conflict of
terms, the second prayer of the prosecution
is unworthy of favorable consideration be-
cause it practically ignores the fact, we'll
known to students of mental pathology,
that the mind is subject to spasmodic action
which corresponds to the convulsions of the
muscular system which we see displayed in
epilepsy and st. Vitus's dance; and, as it is
unreasonable to expect choreic child to CO.
ordinate its movements, or an athletic man
| 4I,o oop intO which eDi-