Telegram-herald., 1889-12-20

2ot llg s.lee He gave med cal
u4an v.es % enc subject 0t insanity
- q defence Azl.lst q cr. ulinAl charge.
Ws now sl.s .-e .sg2. view " tne SUB
leet, taksu froa- reeeag decision rem
lessd by Chef Jus1ce HAslsy, Of the
supreme Court O. Nebraska Tae fol
.9Hus are the man po.a-s.
aaa 49, h4s s-1cle-t 1.asoa 20 kaos
taal tas as BE- IS 1o. - aE-as sEa deserves
g4aisaHsaS IS l-EaiT 81 sa-ll mila. -na IS
-rfu a4.sg resp g8lslt.e feF BIS let. iasanlly as
d tet-ase l5 trms nlst te established ~ a
yrr antersa e 5f et.4..e-- Al 4ls411 del u
slll ls asl a leLe.s- .s s---l-5- Tor n .ne
Z. -ss l- ss4.d excuse ras crime n the facts
..3.lz salea I- exists are trsr. = Inc gen.
er4l t-s- tl4 ~ q laa4 4As capacity an1 rra-
-aa su.heleltt0 eu41.s a.m ID distinguish De-
aesn r.za- aaa wrons a. -l the p1rucliar at
~ question. an1 has ..a edge aat conscious
less -lat The a. h- = I.las IS eroag. and vii
l-srrVe punishment. be IS. Ia tie eye ot The
aa. oi soaat M.lt And memory. and should
1e leld crlml14..y responsible for his acts. -
approved ia . majority of She cases. .
q. Ln regard % the burden % proof in cases
1f flis kind rhere are three separate. distinct
IA vslldetaed theories: D. The defendant
must prove his insanity beyond reasonable
doubt . The preslmptlol OF sanity pre-
walls llfil ir IS overcome ~ a prepoudrrance
OF evidence showing the defendant insanity
to the satisfaction ~ the jury. D. lt any eti-
I-ur- s introduced tending 20 prove tAat de
fradaut IS insane the state IS bound 20 prove
aat establish his sanity. lae al other elements
. ot the crime. beyond reasonable doubt. This
theory IS the view sustained BY the courts OF
F tls state 20 New York. But there are
F other les., and we.lrecoguikcd presump-
! lions. sanctioned - law and approx ed
~ the wisdom ot ages which are
equally as important and iudispen-
.a1.e % individuals ana % the we'll being.
+ a,..e-y and protection 0f society. and iualY
+ as necessary for the proper administration ot
+ justice n tae trial OF criminal cases. Within
/ ms category prominently stands the presump-
+ tion q sanity. Every man IS presumed 10 be
sane" Is not this presumption IS necessary
aud IS universal In It's application IS the pre-
sumption 0f innocence ought not proof %
D. required 10 rehut the one as wen
T as the 0ther3 When an individual
\ has committed an ofense. without any excuse
. or Justification. and attempts 10 shield him
T sci c f0m the legal consequences OI his act on
the ground tlat he was insane when he com
T ulttrd the deed. the law ought TO demand Of
Z him such a degree OK evidence In support OF
this defense as will. at least. satisfy the jury
/ that when he committed the act be was not re-
I sD0nslb,e for his acts because he was insane.
/ "This rule is founded I'm wise policy. and is
obviously necessary tor the protection OF
society. as much 50 as that which requires sat
+ isfactory evidence 70 rebut the presumption OF
i Innocence"
the ease Of NCNaghten was submitted by the
House OF Lords % fifteen judges upon certain
+ questions. Lord Chief Justice Tindal. in re
. f,rrIns 70 the one applicable 10 this point
said The fourth question which your lord
ships have proposed 30 Us Is this: II "a person.
I uuder am insane delusion as q existing facts
commits al odense IN consequence thereof. il.
be- thereby eXcUsedg' To which question the
+ answer must. OF course. depend on the nature
az the deiuslon. But. making the same rs
I sumption as We did before. namely. that hs
+ lab0rs under such partial delusion only. and Z:
not IN other respects insane. we think he
must De considered in the same situation as e
responsibility as ~ the facts with respect to
which the deiusion exists were real. For exam
pIeif.under the influence ofhis delusion, he sup
poses auotherman 70 De in the act - attempt
Ing 70 take away his liis and he kills that man
I as be supp0ses. in seILdefense. he would b'
I exempt from punishment. II his delusion wa
+ thar the deceased had inflicted a serious n
jury % his character and fortune. and DE KILLED
I him IN revenge for s1ch supposed Injury, h'
Z q D.. fa-rf- .. .taNr