Telegram-herald., 1889-07-16
ucylms or ALconol.


Nn-s = ca.lsa - lsrls1r4-e@oe ~ lns~
sr.Sls is : Aes 1of4r.L-e1s - l@s4i1e- iss-4
sclsacs tA4t @esrs aa4tsrl-l tar e1ssrt2aE-
izx spocs..llsH. s-4 asse.sys SEN sEa
lzserss1.Ez gEA ~ sf lie &4SA discussed
Asuas sseste "a Dr 4 d CrotAsrs. salasr
ef tks Jssr-sl II lKssFlsty, las sftez7 Pl1a
~ sss.s.ish "a idea.tsy betseea sas~aiiy
.Ad 2souAs1sEa ot szEreSs1siy close char
sctsr ~ s4rT4at = r2dle-l Departure from
sxlstiaz JUDICIAL methods iR the tre~isAent
u erlzlE4ls a hose l4N leSsoess H. Esni-
festea ea-eF TIE irEaeaoe ~ l-2aer. kasssa
dispaG4tlea over saes crlEain4l. la o.
carred recently, ssys tke bsstoz Esr44s,
" give Df. IroIheEs we've t1e l1srlt a.
l0@ss ef tiaaeliaess. and thr0egGosG ths
eoaatTy tAeEs srs saoasa cases VI sAs char
l.cssF thai ne treats Of lSaaias l&Slcia4 de-
cisioa ~ na@Ae peculiarly Interesting sny
Suggestions Ia lac nae III = el4Rge of laSs-
cal laet1od.
The tArse theories which the medical
gentleman p0ieted cut IA rs address Ga
"Neaieo Legal Problems of I8eDraety' be
fore ths A4sssch 1sstts Moals.i Soeaety as
prevailing in tue treatment Of slcoeelie
criminals are these; 1ae eshlcai Sns moral
view, which holds that drunssnRess is al
indication Of personal deprayisy, that II DO
yeiogs alon Z the hDs Of amin al srstinc4llon.
and taat it should receive the NEST positive
oensure sad punishment Of occ4eslSst4oAi
snd iay power. The legal view MAS neHt
citod. as that whlch assumes taat nebriety
Is the manifestation OF u ls.iess instinct
thai Is essen uslly hostile 10 the spirit or Law
and order, alld that as such IL ought 10 be
severely punished Tie next theory, which
IL the ono that ellcits DIR. Crother's sppro-
baton and support, IL the scientific snd
medical view which considers the appetite
for ia toxicsnts q manifestation If constr
tutional disorder, which may te due 10
multitude Of causes for walch the victim
may not in any sense b responsible. IL
may be symptom or = colncident OF insanity.
or insanity in turn may be symptom OF In
ebriety. Medicolegally this theory would
regard the drunkara Us lncapacitated for
action involving consecutive conscious
effort Of reasoning and reasonable nasare.
The acceptance Of this view would estab-
lish a new method Of judicial treatment
for drunken criminals or criminals with dc-
fined alcoholic taste and tendency. IL
would practically abolish the penal judg-
ment, which is often o hard on tho victim
Of alcohol, and the alcoholic maniac, as he
would be called, would be treated On thera-
peutio grounds by sympathetic scientists.
The Fundamental spirit OF this theory is that
physical causes arc accountable for the al
coholic habit, and that only by treat
nent based on physical principles
can the dread malady be eradicat-
ed. Tho insanity Of the victim
Of drink must be ass amed, and the burden OF
proof Is on the prosecution 10 prove that tho
prisoner Is sane, the natural and proper as
sumption being in the opposite direction.
Given facts reasonably accurate, the plaiu
statement that drunliard Is a lunatic Is H.
SO II evidence Of the kind that lawyers call
prirna facic Nevertheless, the sentiment
Of the judicial powers is frequently mani
tested In contradiction OF this idea, and one
notable instance where an alleged inebriate
was hanged was cited by DIR. Crothers to H.
lustrate the impression, erroneous he
claimed, that a crimina al under alcoholic in.
fuencs is cognizant Of and responsible for
his misdeeds.
John II. Swift shot his wife July7, 1857,
at Hartford, Conn. In December Of the
same year he was tried and sentenced 70 be
hanged a year later, April 8, 1sS9. The
Leg stature was appealed TO 10 commute his
sentence to life Imprisonment. The Judi
ciary Committee made an exhaustive ex-
animation of all evidence and new testimo-
ny offered, aud re ported ia favor of conmu-
tation. Both houses of the Legislature
voted to sustain the report, and commute
the sentence to life imprisonment An ad-
verse wave Of public sentiment caused the
Governor to veto the action Of the Legisla-
ture, and SO Influenced the members Of one
body that they failed to sustain their former
vote. Hence Smith was hanged April Is,
1885, He was chronic inebriate, and had
been drinking TO great excess for weeks be-
fore the murder. The defense claimed that
Swift was incapable of deiberaticn aud pre-
meditation at the time of the crime, from
the effect OF continuous intoxication. No
medical testimony was called. The prose-
cution claimed premeditation, malice and
full comprehension of what he was dong.
DR.. Crothers cited this case as sn in
stance Of hereditary alcoholism. Swift's
father, who was an erratic man, had an
apoplectic seizure at twenty four years Of
age. Swift's grandfather on his mothers
side was drinking Z man. His only son was
chronic inebriate; the other four children,
of which Swift mother was one, were all
exceedingly nervous aud semo of them
hysterical Swift himself was always q
weak child; had brain fever in infancy,
scarlatina and violent nasal hemorrhages
n youth. lie had been in the reform school
at Heriden, Conn, and in manhood was an
excessive drinker.