The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-12-17
THE DEFENSE OF INSANITY
Important Decision Read by Justice
Harlan Of the Supreme Court.
THEORIES TO PUZzLE A JURY
Opiuiou Of tho United States Supreme
Court VIII Make the Temporary In
snnity Dodge More Popular
Than Ever In Murder Trials.

Washington, Dec. lo.-A case ap-
pealed from the court OF Judge Isaac
c. Parker. for the western district. OF
Arkansas was the occasion of an i'm
portant declaration by the Supreme
court Of the United States today In an
opinion read by Mr.. Justice Harlan.
Of the effect of a plea of insanity set
up as defense In a criminal proceeding.
Dennis Davis, charged with murder,
was convicted and sentenced to death.
Judge Parker instructed the jury that
the defense Of insanity could not avail
the accused. unless 1t appeared af-
firmatively to the reasonable satisfac-
tion Of the jury. that he was not crim-
inally responsible for his acts. The
fact Of killing being clearly proved. the
legal presumption. based upon the COM
mon experience of mankind, that every
man Is sane was sufficient, the court
said to authorize a verdict of guilty,
although the jury might entertain a
reasonable doubt upon the evidence,
whether the accused, by reason of his
mental condition, was responsible, In
law, for the killing in question. In
other words, II the evidence was In
equilibrio as to the accused being of
sound mind, he was to be treated just
as he would be IL there were no de-
fense of insanity, or If there were an
entire absence of proof that he was
insane.
These extracts, said Justice Harlan,
presented. for the first time to the Su-
preme court this important question::
IF 1t appears that the deceased was
killed by the accused under c!rcum-
stances which-nothing else appearing
made case of murder can the jury
properly return a verdict Of guilty Of
the offense charged If, upon the whole
evidence, they have a reasonable doubt
whether, at the time of killing, the
accused was mentally competent to dis
tinguish between right and wrong, or
to understand the nature of the act he
was committing"
Opinion OF tho Court
After reviewing the decisions upon
this point. which, he said, We're about
equally divided. Justice Harlan in ex-
pressing the opinion of the court said:
"All admit that the crime of murder
necessarily involves the possession
upon the part of the accused of such
mental capacity as will render him re-
sponsible. criminally, for his acts. Upon
whom, then, must rest the burden of
proving that the accused. whose life
1t Is sought to take under the forms
OF law. belongs to a class capable of
committing crimes. On principle. II
must rest upon those who affirm that
he has committed the crime for which
ne Is indicted. That burden Is not fully
discharged, nor is there any legal right
to take the life Of the accused. until
guilt is made to appear from oil the
evidence in the case. If the whole evil
dence. including that supplied by the
legal presumption of sanity. does not
exclude beyond reasonable doubt the
hypothesis of insanity, he is entitled to
an acquittal of the specific offenso
charged"
In concluding the opinion, which re-
versed the Judgment OF Judge Parker
and sent the case back for another trial.
Justice Harlan said:
1T seems to us that in most of the
cases holding that in prosecution for
murder, where the evidence does no
more than create more than reason
able doubt of the sanity Of the accused
too much stress is placed upon the fact
that the defense Of insanity is frequent
~ rcsorted to. and is sustained by the
evidence Of Ingenious experts whose
'Neoriea are dir7cult to be met and
overcome. Thus. 1t is said, crimes Of
the most atrocious character often go
urpunshed, and the public safety Is
thereby endangered. Put the possibili-
ty Of such results must always attend
any system devised to ascertain and
punish crime and ought not to induce
the courts to depart from long estab-
lished principles, fundamental in the
criminal law, and the recognition and
enforcement Of which are demanded
by every consideration of humanity
and justice. No nan should be de-
prived of his Nfe. under the forms of
law. unless the jurors who try him are
able upon their condolences, to say that
the evidence before them, by whomso-
ever adduced, is sufficient to show he
yond q reasonable doubt the existence
Of every fact necessary to constitute
the crime charged"