The Hot Springs star. (Hot Spings [Hot Springs], Dakota [Dakota Territory, i.e. S.D.]) 1886-189?, 1890-09-05
VICTIMS OF AIconoi:.


VICTIMS or AEconoc.
xhs Identity Exissins Bstwssa lasaallt
aud Chrunie 1nsbsiety.
What is called the iurishttidcnGe 81 Inc,
briefly is . new depsrtmento Of medico.lsg4
science that Offers material for entertain,
ing speculation. and devilops . new and
interesting phase Of The much-discisssd
liquor question. DR.. 7. D.. Crothers, editor
Of tue Journal Of lnebriety, has attempted
to establish an identity between insanity
and alcoholism Of suniciently close char.
acter to warrant radical departure from
existing judicial methods in the treatment
Of criminals whose lawiessness Il mani:
tested under the influence Of liquor. Enough
disputation over such criminals has 90.
CURED recently, bays tho Boston Herald,
to give DIR. Cr0ther's views the merit at
least OF timeliness, and throughout the
country there are enough cases ef the char.
ciston to make peculiarly interesting any
suggestions in the line Of i change Of Judi.
ciul method.
The three theories which the medical
gentleman pointed out In his addre.s Cd
.Medico Legal Problems Of lnebriety" bc,
forc the Massachusetts Medical SOciety a.
prevailing In tho treatment. OF. alc0holi4
criminals arc these: The ethical and moral
view, which holds that drunkenness u an
indication of personal depravity, that II do.
velo. along the line Of animal gratacsttop,
and that 1t should receive the most positiv8
censure and punishment Of ecclesiastical
and lay power. The legal view was next
cited, as that which assumes that lnehriety
ia the m tot NJ 1us Ss.c
that ts essentially hostile to the spirit Of law;
and order, aud that as such II otieht to be
severely punished. The next theory, which
10 the one that elicits DR.. Gro. hers appro.
baton and support, is the scientific aud
medical view which considers the appetite
for tntoxicants Q manifestation OF consti,
tutional disorder, which may be due to q
multitude OF causes for which the victim
may not In any sense be responsible. Il
may be q symptom or acoincident Of tnsanity;
or insanity in turu may be symptom OF In
cbriety. Medico-legally this theory would
regard the drunkard az incapacitated Tor
action involving consecutive conscious
effort OF reasoning and reasonable nature.
The acceptance Of this view would estah-
lish new method Of judicial treatment
for drunken criminals or criminals with de-,
fined alcoholic taste and tendency. It.
would practically abolish the penal jude.:
ncnt, which is often 40 hard on tho victim
of alcohol, and the alcoholic mauiac, % ho
would be called, would be treated on thesa.
peutic grounds by sympathetic >scientistsx
Tho fundamental spirit Of this theory = that
physical causes are accountable for the a.
coholic habit, and that only by treat.
ment based on physical. principles
cd. The insanity OF tho :. victim,
Of drink must bc assumed, and tho burden Of.
proof is on the prosecution to prove thEt t6a
prisoner Is sane, the n1turalan proper a..
sumption being in tho opposite direction.
Given facts reasonably accurate, the plata
statement that adrunkari is . lunatio . IT,.
self evidence Of the kind that lawyers call
priu,a facie. Nevertheless, the sentim00t.
OF tho judicial powers is frequeptly man~
tested In contradiction Of this idea, and one
notable instance where IN alleged inebriatA
was hanged was cited by DIR. Crothers 70 D.,
lustrate the impression, erroneous ha.
claimed, that criminal under alcoholic in-
arencc is cognizant Of aud responsible for
his misdceds.
John H. Swift shot hfs wife July 2, 1887,
ut Hartford. Conn. In December Of the
same year he was tried ana sensenced 70 -
hanged d year later; April e. 1850. The
Legislature was appealed 70 to commute hie
scntence, to life imprisonment. Tie Judi
cinry Committee made an exhaustive ex-
animation Of all evidence and new .testimo-
ny offered, and reported in favor Of ceWMu,
tation. Both houses Of, the 1egialatnhtd
voted to sustain the report, and commute
the sentence to life imprisonment. An Cd.
verse wave OF public sentiment caused thu
Governor to veto the action Of the Legisla-
ture, and so Influenced the members Of one
body ttnt they failed to sustain their former
vote. Hence Smith was hanged April 1e,
1889. He was . chroHic inebriate, and had
been drinking to great excess Tor weeks be.
fore the murder. The defense claimed that
Swift was incapable Of deliberation and Sre.
meditation ut the time Of the crime, 1ro@
the effect Of continuous intoxication. NJ
medical testimony was called. The prose
cution cluiined prenedttation, malice and
full comprehension Of. what he was doing
DR.. Crothcrs cited this case ~ an .;tal-
stance Of hereditary alcoholism. 1wifsl
father, who was an erratic man, had o.
epoplcctic seizure at tetwenty-four years oi
age. Swift's grandfather on his mothar'i
side was drinking man. His only son VA
chronic inchriate; the other four children
OF which Swift's mother was one, were al
exceedingly nervous nnd; some Of then
hysterical. Swift himself was always
weak child; had brain fever IN infancy
scarlatina aud violent nasal hemorrhaSes
in youth. He had been In the reform schoo
at Merideu, Conn.,, aud in manhood WAS .,