The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-07-10

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insane in . London pOorhouse in which
he hadpartioipated. page 105s-9J
OF Dr.. AtoLoryea, who failed TO define
the distinction between illusion and delu.
sion and Authorization page 1071, 1922,
whose main point appeared TO be con-
tempt for books and for Dr.. Hammond
page l675, l077), and who did not know
| anything about impulsive insanity and did
not believe in il. Page 1879
OF DR.. David Woos or, who had only
studied insanity as he had, using his
words other things pertaining to his pro-
tession." page 1OS3J
OF Dr. James Murphy and Dr. r. B.
Kane, who. although they are not special
lsts have rather more than the ordinary
/ familiarity OF competent practitioners with
MENTAL DISEASES.
! have already, to some extent, dealt with
the testimony OF these six gentlemen. OF
! course they all answered Judge Campoell'a
| version of the hypothetical question, in
| which he seem d to forecast his dnal argu-
ment to some extent by stating that if the
| facts were as put by Judge Campbell, then
| the defendant, in their judgment, what.
ever that may be worth. was sane. But
81 bmit that the addition OF Judge Camp
bell was not only in some respel Is an evil
dence of delusion as to tho testimony. but
that IL was no part OF the hypothetical
question, but that, on the contrary, it rep
rssented the argumentative conclusion of
that gentleman him elf upon the facts
which he claimed to be opposed TO tho
hypothesis OF impulSive insanity; in
spectfuly, it opera ed as trap for
the witnesses and not to thu defense,
and all these witnesses. DR.. Murphy
ind DR.. Kane, freely and cheerfully, and
the others, under the pressure OF MT. Tay-
lOr's cros5-ex animation, admitted facts,
some of which | have already drawn your
attention TO, that strongly corrobOrated
DR.. Wythe. DR.. Buck and DIR. MeareS If
the testimony of some of them, notably
DR.. Loryea, was correct, authorities are
useless and all b Ioks ought t. be burn d.
HOY m u 10 nd
Mr.. McAllistcr should forbear from citing
cases; and my friend, my learned friend.
Mr.. Taylor, should intermit those close
studies which have mAde him an orna-
ment to the profession. l have referred
you To the case of Madame Hughes and
Mr.. McAlister has mentioned number
OF cases in which
IMPULsIvE INSANITY
OF transitory nature has been approved
by the verdicts of juries. And now l am
about leave this part OF the ca e, gen
tlemen. | now about to perform my
final labor on this trial by connection Of
my previous observations with the trans
action itself in the ChrOhicle Office. but
before touching the second great division
of this case lot mo ask you preliminary
IuestiIo9-a question gentlemen; II You
in my deliberate judgment. bring up in
your minds a thread OF connection
throughout the argument which / have
had the honor to address you. which
would show to you at least. however i'm
perfect it may be. the two ends of that
argument are tied together. Have | IN
arguing insanity alone or within and not
without the law IS laid down in my open.
ing. and by Mr.. McAllister and as / as.
sunO IL will be given to you by the Court
have ! been arguing some or tne most
think know what the learned counsel
in this case will say when he comes to
make his concluding speech. do not OF
course profess to be able to use the Ian
guage which he will employ, or to pre-
sent his ideas in the incisive manner
which he will adopt, but the general tenor
clearly and definitely understand. He
will tell you, gentlemen. this-that he IS
not here for the purpose of making any
quotations from Shakespeare. or from any
which have been read before you, al.
though they are admissible. after they had
been admitted were OF no effect. but that
they were nero weights or delusions.
and that the argument which has been
based to you upon those articles is calcu
lated to divert your minds froms
THE ISSUE IN THE CASE.
That the learned counsel who concludes
the argument will not ask you to wander
off into the Ii erature which is embodied
into the Chronicle or into those more fra
grant fields of literature which are out
side Of the Chronicle office, but that no will
bring you down in a plain common sense
way to the actual transaction itself. He
won't spend your time and weary and
fatigue you by going into great mass Of !
collateral ana lmmaterlaI matters. ne VIII
ask you only to consider the facts of the
case, and the real facts are only that the
defendant walked into the Chronicle
onice and there twice shot NJ. II. dc
Young, and that from those real facts Of
the case, az he will undertake to present
them, you should find that there was an
assault to murder committed in this case
by tho defendant. Now this, l will VEN
ture to say. expresses, to very consider
wit fhal Of
argument which will be necessarily
adopted in closing the case for the people
Dr. the great State Of California. Now
gentlemen, in anticipation of this current
1o1ng very simple thing. 1 ask you
while the learned counsel is addressing
you: While he is upon his feet; while he ia
1eaIlng with what he presents to you as
he practical part of the case. to put his
argument to very simple test-suppOse
he articles had never been written, would
'fficei Would the shooting have oc-
'urredf II the shooting would have oC-
.urred at any rate then, on that theory,
he defendant was
CERTAINLY INSANE,
Because when he was perfectly sober, and
Without provocatiOn or motive he shot
no prosecuting witness. Now lust ask
hat simple question when the immateri-
lty OF these articles are being considered,
nd connect The question with that part of
he closing argument if it should contain
hose sentences. think, gentlemen, you
V1ll be forced TO concede that 1t is abso-
ltely impossible to get at the truth of
THAT occurred in the Chronicle office in
ny other way except through the medium
f those articles. Why did the defendant
o there! There is a reason or a cause for
cas- n or cause of what trans ired in
hat object How can you find it! How
an you determine what the reason or
that the cause was, unless you take
nose articles into considerations But if
he articles themselvesare necessary, then
lie consideration of the contents Of the ar
,e disposition and life of the defendant,
is tempera ment, the accident and sick
ess and their consequence. The fact that
Q read the articles and their effect upon
ent which has been based upon those
arts Of the testimony received by the di-
'ctiun OF his Honor on the bench was also
in other words, in order to give
0u the materials for a sound decision, it
as essential that you should be placed in
lie position of the parties, the defendant :
Id Mr.. De Dung. at the exact moment
hen the shooting took place, and, with
1t the predisposing and exciting cause,
~ would not have been placed in this y
'sition, and you could not have under l
GOD the case. {
II would appear that Judge Campbell c
ust inevitably be driven from The posi-
IN to which have taken the liberty to 7
sign him, and will be obliged to discuss :
PREDIsPosING AND EXCITING CAUSES. r
II SO. adroit and able as he is-for / wish O
be understood as doing full justice, not 4
1y TO his character, but to his capacity t
may tell you that the articles furnish a v
otive for the defendants act and that / b
Otive was revenge. If he adopts this Il
Il ude, oblige me, while he is on the
or and In the very act of addressing you, 81
Supplying to him the tests expressed in "
csc questions: 8,
Why has no threat been proved? 81
Why didn't he assault Mr.. De Young e
ring period of three years and a half Il
longer. while the persecution of his Il