Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-05-16
CITY AND/DISTRIOT.
.',ssaNIrx AS "A DEFENSE FOR
CA8IME.o
District Att"fney COrkhin Upon
fCranksr


George b. Corkhill upon Insanity as Defense
for Crime" before the Medico-L Legal Society OF
New York has attracted much attention, especi-
ally the concluding portion. as follows
ut Is the most astounding fact I'm the whole
history OF the administration of criminal juris-
prudence. that within the past few wears nur-
tured by the yagares and senseless theories of
medical men on the subject and supported by
the testimony of so-called experts almost eyery
criminal, when arralgned. offers insanity as his
defense, assured that he will have the assistance
and support Of eminent medical authors and ex-
perts And. as aconsequence. we have had lust az
many different kinds ofinsanity as We had crimes.
The murderer was afflicted with hOmcidal or
paroxysrnal insanity; the thief was kleptoma-
Mac; the incendiary was a pyromaDiac; the
orunkard was dypsomaniac; the bur-
gar and the ravisher had emotional and tempo
rary insanity, and these AFFLICTED criminals were
70 be pitied rather than punished.
But there is class well known and recog-
nfzed In every community, who by their cratic
character. their vanity, their egOtistic deciara-
ton. crowd themselves into every association,
and by their arrogant assumption become prom
1nent; they are not always men who wear long
hair. nor women who wear short hair. know
no peculiar trade mark by which they can be at
once detected. but they are everywhere. You
nave them in your society unless the press mis-
reports some Of your discussions. They are
doctors without patients, lawyers without
clients. and ministers without parishes; WITH
out ever having done an honest DAYS toll, they
crowd themselves into labor and trade organi-
cations, and assume to be representative men:
they are the most earnest In TEMPERANCE and
religious organizations; they clamor for posi-
tion In every enterprise, having for its object
any public reformation. they denounce vice on
every public occasion. they say long PRAYERS
and Affect great piety and virtue, and yet
they are the true representative traitors,
murderers. thieves, rayishers and scoundrels OF
communities. and when one of them commits q
crime the entire race of vagabonds Join In the
ciamor for their exemption from punishment on
the ground OF Insanity There has been q word
coined of late years to designate these people.
and they are called ''erdnIs." They figure
largely in the list of criminals charged with all
grades of crime. and it is TO them belongs the
disgrace brought upon the plea of insanity as a
defense for crime, with them Judgment and eX-
ecution should be swift, sure and certain for
the escape OF one of these men encourages the
entire class To go on committing crimes for like
nOtoriety and like exemption. They well know
they commit crime and deserve punishment,
and when the knife Of justice falls upon one of
their number, 1t strikes them with horror but
to every honest citizen it is glad announce
ment that the law Is supreme, and that it's exc
cution cannot be avoided by q miserable
scOundrel claiming he was crank
Nothing can be more slightly defined than the
line Of demarcatiOn between sanity and inSan-
ity. Physicians and lawyers have vexed them
selves with attempts at definition In q case
where definition is Impossible. as well said by
writer on this subject. There has never vet
been given to the world anything In the shape
OF formula upon this subject, which NAV not
be torn to shredS in five minutes By any ordin-
AIRY logi"ian. Make the definition too narrow it
becomes meaningless: make it too wide the
whole human race are involved in the drag-net.
In stricfness. we are all mad when We give way to
passion. to prejudice, to vice. to vanity; out If all
the passionate, prejudiced. vicious and vain peo-
pie In this world are to be locked I'D as luna
ties, who Is to keep the key Of the asylum3
As was very fairly observed. however by q
learned Baron of the Exehe9uer, when he was
pressed by this argument, If We are all mad
being all madmen, We must do the best we can
under such untoward circumstances There
must be kind or rough understanding az to
the forms of lunacy which can't be tolerated.
We will not interfere with the spendthriit who
Is nlnSlng his patrlmOny away upon swindlers
harlOts, and blacklegs. until ne has denuded
himself OF his possessions and incurred debt
We have nothing TO say to his brother mailman.
the miser, who pinches his belly to swell the
balance at his banker's-being 70 years of age
and without farnily-but if he refuse to raw
taxes society will not accept his monomania az
pleadable in bar.
Society must be protected, human life must
be safe, property must be secure and the law
must punish those who violate the sacred
rights OF each citizen to life and property; to
DO this with even justice 1t will not do to per-
NIT criminal on account of the vagaries of
IN unbalanced intellect or moral nature, to es-
cape punishment: If the disease Of insanity
really exists. then let that question be de-
termined, not that he may escape punishment,
but that the punishment may be tempered
In accord with his physical and mental condl-
6on.
I'D. The subject Of the best methods Of determin-
ing in what cases and under what circumstances
and In what manner Insanity may be pleaded a
defense OF crime is one deserving the careful
attention of all. II what / have hastily said
VIII attract your attention to the investigation
Of the subject and its importance 1 shall have
accomplished all that could reasonably, under
the circumstances, expect"