Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1895-09-18
INSANITY
CONTINUED from page 81

STANDPOINT. VINO nevertheless, In certain
cases are Irresponsible S
He, throughout, wished the jury to IN
derstand that he should use the word in
sanity in It's legal sense of Irresponsible
ity. The question for the jury was Mr.
Burns legally responsible at the time he
fired that pistol? If he WAS. the question
arises il be had killed Mr.. Hopkins
would he he guilty of murder or man.
slaughter! The settlement OF this ques-
tlon OF fact is Of vital Importance to the
prisoner and to the public. He wouldn't
attempt to define the difference from a
legal point between murder and man.
slaughter. The predominatlng distinction
is malice aforethought. This distinction
is all bound up in the word 'afore-
thought If Mr. Buns is responsible,
did be Plan it deliberately and with afore-
thought?
If at the moment of the act a man had
lost such control of himself and his con-
| sciousnes5 that at the time he did not
| know what he was about, l claim that be
was irresponsible.
l suppose the county attorney will say
| that what Mrs. Burns, Miss Greenwood
| and his attending physician, DR.. Martin,
| have testified TO are trivial. So they are.
But when the time comes, If come it does,
when your reason or mine shall rock upon
its throne, it will be your family and my
family that will notice the change in the
| little, seemingly trivial affairs of our lives.
1t will first be seen in the little daily
duties before 1t is apparent In the greater
| things in life to which one is spurrcd up.
1t isn't any more necessary here than
W w ~, of
their liberties by examination before JUS
tices of the peace because of insanity and
upon the testimony of their families, it
isn't any more necessary here to have ex-
pert testimony. AS to why Mr.. Burns
was not sent to the Insane hospital for
examination: Mrs. Burns testified that
she didn't tell the counsel of her husband s
condition unit! a week before the trial, al
though she had seen it, and Mr.. Hopkins
had seen it and spoken of it. Mrs. Hop
kins even, who said he was insane is not
put on the stand. She has not revealed to
you the truth as to this affair. Her lips
are kept scaled by the prosecution al
though 1t was her tongue. her abusive
language and her uncomfortable temper
that put the spark to the sleeping fire in
this mans brain. And yet that great and
important fact is kept out of sight by the
government, upon whom the burden of
proof is laid Had it not been for this,
had Burns deliberately planned this shoot
ing, he must have been fool or a mad
man to choose that inopportune time on
the public street to attempt to commit
murder. Now 1t may be that for man
to commit crime is abnormal, yet when he
commits it in the eyes of the whole world
so that no defence as to the facts of the
shooting could be withheld, it shows some
thing more than the ordinary criminal
abnormality. There Is no claim OF justi
flcation or of self defence made here
There were no threats by Hopkins or at
tempt at attack upon Mr.. Burns; no way
in which MIR. Burns could plead self de.
fence The very narration by the govern
ment witnesses of these facts makes 81
impossible to believe that any rational
man could have attempted In such place
and such a manner to commit murder
AS to Mrs. Burns testimony the ques =,
ton for y on todecide Is not whether she is
his wife or his sister, but whether she told
the truth. 1t ever woman told the truth
she did. Would it he possible for this
simple little woman, with all the love she
has for her husband, do you believe it pos
silbe that she could have invented the
story she told? Some of these facts are
little ones, but you have to begin with the
little things to work up to the big ones.
The little things that occurred at the tabl,
were Indicative of the condition that thi.
man was falling into. Apply it to your
selves. There is nothing so mysterious
about insanity but what the average mind
can recognize it. All those things indi-
cate trouble and disorder In that mans
mind. Those things by themselves don't
necessarily prove insanity, but thost
grouped with other things testified to,
prove disorder of the mind and mental
disease. Everyoue knows that continued
inability to sleep is the best possible evil
dence of something wrong In the mind or
brain. AS to the wife's statement that
her husband had on an average one hours
sleep a night for month, il 1t be true and
ii anyone knew of this his wife did even il
she didn't keep diary, there was q
cause and an effect. Surely this sleepless
ncss could not arise wholly from that pro
bate case. That may have been one OF the
causes, but it Is the condition you are af
ter. Judging by yourselves, you must
know there was serious trouble in tn
mans mind, Note the change in the
man. This kind and generous husband
became SO fretful, changed from the kind
and affcctonatc husband, to the cross and
brutal, that he made that brutal remark
10 her in the presence of Miss Greenwood,
and then burst into tears and called him
self a brute. Strong men like Burns don't
she'd tears in the presence OF their wives
and much less In the presence Of strangers,
unless there is strong disturbance of mind.
What better evidence of want Of
balance of mind thsn that man should
,tand before q looking glass shaking u
finger ~ his reflection. Take the delusion
of his head being turned, also the delu
sions he had In the jail Upon those
things has she told the truth? Do yon
believe it possible she has gone upon that
stand and added to these terrible family
mistortunes the awful crime of perjury.
The fact that they did not intern their
counsel OF these until few days ago GOES
to prove the truth of testimony on this
point.
The counsel In this case come into it be-
lieving these things TO be true. If this de-
fence Was coined in the mind of Michael
Burns 10 is most remarkable thing that
he and his wife kept the knowledge OF this
from his lawyers until the eve of this trial.
l