Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1886-01-28

wrath, Dc vengeance, unless producing 9
state OF insanity, excuse a crime. Hence
as philosophers, experts, jurors, Judges
counsel and laymen might speculate
wildly and blindly regarding the meas
ure of the insanity that will excuse an
otherwise criminal act, the iaw has come
ia define it as well as 1t can. and leave
the application. in particular cases, to
the sworn judgment of jurors-the real
experts upon all the testimony.
Says one of our best writer's upon this
subject: "From the height of passion.
to madness, is but one step; but it is
precisely this step which impresses upon
i an act committed a distinct character,
1t is important to known exactly the pre-.
else characteristics of passion, and of in.
sanity. But here science fails; for it
must be admitted that we are unable to
point out the place where passion ends,
and madness commences" Another Oft
quoted authority, following tho distinc.
tions between a man acting under the
impulse of the passions, and that of in
sanity, says: .'The mind is always
greatly troubled when 1t is touched by
anger, tormented by an unfortunate
Elove, bewildered by jealousy, overcome
by despair, BUNDLED by terror, or cor
rupted by an unconquerable desire for
vengeance; 1T is then, as is commonly
said, O man ia no longer master of him.
self; his reason is affected; his ideas are
l n disorder; he is like O mad man. But
in all these eases, q man does not lose
his knowledge of the real relation of
things. lie may exaggerate his misfor-
tune, but this misfortune is real, and ii
1T carries him to commit q criminal act,
this act is perfectly well motived. In
sanity is more or less independent
OF the cause that produced it; it exists
of itself. The passions cease with their
cause. jealousy disappears with the
object that provoked it. Anger lasts
but a few moments in the absence of the
n who by ag%rievous injury gave it
birth. Violent passions cloud the judg-
ment, but they do not produce those lilu-
sions which are observable in insanity"
That subtle science called mind, de-
fes, of course, ocular inspection. We
cannot open and look into the mind and
observe it's workings and its actions.
The mind can only be known and judged
by its manifestations. The test is
whether the conduct of the man, his
thoughts and emotions, conform to
those OF persons of sound mind, or
whether they contrast harshly with it.
BY that. a judgment is formed, as to a
mans soundness of mind, and for this
reason, evidence is admissible to show
conduct and language, that would indi-
cate to the general mind some morbid
condition of the intellectual powers.
E-ASxNE,n M t,pr - I,n ,an.fn1 rr-l
physical history, is, therefore, relevant,
because any conclusion on the subject
must often rest upon a large number of
facte. You have observed in this case
that the testimony has taken a wide
range. And a large portion OF the testi-
mony introduced, would have been
wholly irrelevant and incompetent un-
der any other class of defence.
The instruction already given, imports,
and I charge you that the true test of
criminal responsibility, where the de-
fence of insanity ia interposed, is,
whether the accused had sufficient use
of his reason to understand the nature
of the act with which he is charged, and
to understand that it was wrong for him
to commit it. If he did, he was crimi-
naiiy responsible for the act, whatever
peculiar1tles may have been shown OF
him In other respects.
On the other hand, if at the time Of COM
uniting the act, his reason was 81 defec-
tive IN consequence of total or partial
insanity. that he was incapable of know.
ing it's wrongfulness, that he could not
understand what he was dong, or that
what he was doing was wrong, then be
m within the excepted class, and
was not responsible.
You are to inquire whether he had the
ordinary intelligence of o SAM man, SO
that he could distinguish between right
and wrong as to his actions. II another
person had committed the homicide
would the prisoner have comprehended
the wickedness of it. Would he have un-
derstood the character of the act, and it's
wrongfuiness if any person had suggest
ed it to him? These are questions which
the Jury may consider in their own
minds. Ii the jury are satisfied that his
ordinary condition was that of sanity, SO
far, at least, that he knew the character
of his own actions. and how far they
were right OF wrong, and that he vas
not under any permanent insane delu-
sion which destroyed his power of dis.
eliminating between right and wrong,
then the remaining inquiry u.s. whether
there was any special insanity connected
with this crime. Was there an exist.
ence of any insane delusion which was
perverting his reason sufficient to inca.
p~acltate him from perceivlng the the
difference between right and wrong, in
this particular act?..
You have heard The subject oil
decisions frequently referred to IN
the testimony of the experts
md other witnesses, and
the subject is treated to a limited ex.
tent in the decisions of our courts, and
in the works of the medical iurisprud.
ence.
Sane people are sometimes said
to have insane delusions, pro-
ceeding from temporary dis
traction, and from mistakes in the
senses. Sometimes they speculate up,
/! on matters beyond the scope of human
knowledge, but decisions of san PEG,
| pie are susceptible of being corrected Oh
| removed by evidence or argument. On
! the contrary, insane delusions are unera
| sonlbg aud incapable of being corrected.
| Those who have them believe In the ex
| Istence of facts which are either impos
| sible absolutely, or impossible at least
| under the circumstances OF tho individ.
| laI. A man might, with no eason fol-
| 1t, believe that another WAS plotting
gainst his life; or that he, himself, waF
tie owner of untold wealth; or that BIZ
was the Son of God; these may be case
of insane delusions. Generally the de
fusion center3 around the patient him
elf, his rights or his wrongs. 1t comes
l and 0opa iudapapdent nf the eYaroisa n
the will or reason, like the phantom o
a dream. 1t is, in fact, the waking