Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1882-01-26

SuOCl0 66N0uC0, CAlIeu mluu, uOuCu, ~
course, ocular inspection. u could only
be known by its manifestations. The
test WAS ~ 10 whether tho conduct q
the m2p snd his thoughts and emotions
|oopfOrmsd with those Of persons Of
sound mind, or whether they contrast
ed harshly with 1t. By that judg-
mont was formed AZ to the man 'ssound'
ness Of mind. And for that reason evil
lence was admissible to show conduct
and language that would indicate TO
the general mind some marked cOndi-
ton of the intellectual powers. Every
thing relating TO his mental and physi-
cal history was therefore revelaht, be-
GA use any conclusion Oh the subject
must often rest on large number OF
facts, aad letters spontaneously written
afforded one of the best indications OF
mental condition. Evidence Of insan-
ity I'm the parents was always pertinent
but iuries were never allowed To infer
insanity in the accused by the mere fact
of its existence III the ancestors. When
however, there was evidence tending u
show insane conduct on the part OF the
ACCUSED, evilauce Of insanity In the an
csstors was admissible as Gorrobora-
tive of the others. Therefore, 1t was
that In this case, the defence had been
allowed to introduce evidence covering
the whole life Of the accused ana reach
ing also hi, family antecedehts. In
case 40 full of detail he should deem
1t to be his duty to all the attention OF
the Jury to particular parts OF it, but he
wished the jury 10 distinctly under.
stand that IL Was their province, ana
not his, to decide upon the facts, and II
he At times seemed to express or init
mats an opinion on the facts which he
did not design 20 do) 1t would not os
binding on a.ar. un. 'tcy must draw
their own conclusions from .as evil
dence. tho instructions which he 'haG
already given to the jury imported that
tho true YES Of criminal responsibility
where the defence interposed, whether
the accused had sufficient use OF his
reason to understand the nature OF the
act with which he was charged, and to
understand that it was wrong Tor him
to commit IT. ii those were the facts
he was crininally responsible for the
ACT, whatever pecularIlles mlgnt De
sho wn CT him in other respects. On the
ut .er hand, II hi, reason were 80 ueiec'
tive. in consequence of brain disease,
haL he could uos understand what he
was doing, or could not understand that
what lie was dong was wrong, ho
ought to be treated AZ an Irresponsible
lunatic. IA the law assumed every
one, at the outset, TO be sane ana re-
sponsible, the question. was, what was
there in this case to show the contrary
~ to this defendant.
A Jury was not warranted IN inferring
that q man was insane from the mere
| fact Of his com mitting a crime, or from
the emormity of the crime, because the
law presumes that there Is bad mo-
tive, and that the crime is prompted oy
malice if nothing else appears. Per
haps the easiest way for the Jury to ex
anime into the subject was: First, nc
satisfy themselves about the condition
of the prisoners mind for a reasonable
period of time before any conception OF
thc assassination had entered IT, and al
so at the present time, and then cOnsid
ar what evidence exists as to ulf1tren'
condition of mind at the time OF the
commission of the act. he should no'
spend any time ON the first question be
cause to examine II all would require d
review of the evidence relating tt
over twenty years of the prisoner : life
and this had been 80 eXhaustiveIy dis
cussed by counsel that anything NJ
could say would be wcarlsolne repetl
tion. IL was enough to say that on tht
one side this evidence was supposed Il
show a chronic condition Of insanity
before the crime; and on the other sld'
TO show an exceptionally quick lntelil
pence and decided powers Of di5CrlDAl
nation. The jury would have to draw
its own conclusions. Was the Priso
ner = ordinary, permanent, chrohlc:coh
dition ofmind such that he was unaDlet
understand the nat ure OF his actions an'
to distinguish betwe II right and wronI
in his conduct? Was he subject all tn
time to insane delusions which ue
stroyed his power 30 to distinguish
and did those continue down to, ana
embrace the aot tor which he Is ol
trial?
If 30, he was simply an irresponsibl
luuatic. On the other hand, had he Tn
ordinary intelligence OF sane people, q
tn { he could Distinguish between righ
wrong as to his actions? If anothe
l., rson had committed the aSsasslna
.,un would the prisoner have apprecia
Ted the wickedness OF II? would
have understood the character OF tn
ac, and its wrongfulness if another per
son had suggested 1t to him, the jur
f must consider these questions In thel
own mind. If the jury were not salts
fed that his ordinary and chronic con
, diton was that of Sanity-at least SO ia
, that he knew the character OF his 0w
. ac tions and how tar they were right u
. wrong--and that he was not under an
permapent insane delusiOn which dt
stroyed his power Of discriminating 1t
. tween right or wrong, then the remain
ing inqul was whether there was an
0 special insaaity connected with TIL
| crime. 1t would be seen that the n
. lance of the defense vas the existenC
of an insane drlusion III the prisoner
mind, watch SO perverted his reason ~
= to incapaCitate him from perceivlng tn
difference between right and wrong a
to this particular act. AS a part OF th
. history of judicial sentiment on thi
. subject and by way Of illustrating tn
difference betw Insane delusiOhs an
F., responsibility he would refer the Jur
= to a celebrated case in English hlslor
which had already beel commented o
! in the argum nrs. Judge Cox her
!. quoted from the opinions of the judst
- in the McNaughIon case, anu lrol
. some American authorities On the sdnI
subject. He went on TO say tina
the subject Of insane deluaionS play
i, an impo. tant ar, in this case and d.
i, mand.d careful consiueia ion
The subject was treated toa limi'e
It extent in judicial decisions, but MOI
}. was learned about it f'om works {
y me lical jurisprudence and from expe
& ;estimOny.
Some porso1s were sometimes said
Il have dslussons, proceeding .rom ten
i porary disorders, and from mistakes
@ the senses; sometimes they speculate
r Oh matters beyond he scope Of huma
s knowledgr, hut delnslons in sane PEI
u pie were always susceptible OF b-ln