Delaware gazette and state journal., 1896-02-20
TREATMENT OF THE INSANE.
Regulations Should he Enlightened
and Humane


Address in Full
Chief Justice Lore's charge to the
jury in the case of the State vs.. Brown,
Swan and Lynch was extremely inter
esting 1t was as follows:
"Gentlemen of the Jury: The prison
ers are charged in the indictment with
murder in the second degree. Both the
first and the second counts charge that
all three of the prisoners feloniously as
saulted Pisa Louis, the deceased. In the
first count it IS charged that the mortal
wound was inflicted by Daniel Brown
in the second count by John j. Swan,
while the other two prisoners we're aid
ing and abetting in the murder as
accomplices.
t.On the 5th day of October last,
between 8 and O'Clock in the morn
ing, at the State Insane Asylum, at
Farnhurst, in this county, Pisa Louis,
an inmate of the asylum, died from in
iuries received at that time.
1.-The State claims to have proved
that the prisoner, Brown, aided by,one
Thomas Oakes, took the deceased from
the west end of the corridor TO the
bath room door in the east end of cor
ridor G to bathe him; that he was
there tripped by Brown, thrown down
with violence upon the floor; jumped
on and punched by the knees of Brown
and kicked in the side by Swan; that
his skull over the temporal bone on the
right side of the head was fractured
and crushed, the ninth and tenth ribs
on the right side were broken in two;
that Brown and Swan then roughly
picked him up from the floor Brown
pushing him through the door into the
l,AI 4 kIa
that they were then joined by Lynch,
who stripped off the clothing of the
deceased and, aided by swan, threw
him roughly into the bath tub; that
death resulted from the injuries thus
received.
"The defendants, on the other hand,
claim that Louis was not maltreated;
that under the rules OF the institution
it was necessary to bathe Louis, and to
use SO much force as was reasonably
necessary to effect that purpose, this
being essential to the maintenance of
discipline and sanitary regulations of
the asylum; that Louis violently re-
sisted the attempt to bathe him; that
at the bath room door he seized Brown
by the throat and violent struggle
there ensued; then Louis grip was
broken, he was much exhausted, was
lifted up and pushed inside the bath
room door, walked to the end of the
bath tub. there reeled, feel and re-
ceived the injuries which caused his
death: that he was stripped of his
clothing by Lynch, aided by Swan,
placed in the bath-tub but did not re-
vive; that his body was then taken out,
dried, carried across the corridor prac-
tically dead; that in the transaction no
more force was used than was abso-
lutely necessary.
st is your duty to determine under
the proof in this case whether the
prisoners are guilty of murder in the
second degree, as charged in the in
dictment, or of manslaughter, of which
they may be convicted under the
statute il the evidence shall warrant,
or not guilty.
1.-THE grades Of homicide applicable
to this case are three; murder in the
second degree, m anslaughter and ex
cusable homicide.
Murder of the second degree is
where man kills another, without
any, or without any considerable pro-
vocation, when the killing is done, or
the mortal wound is inflicted with a
deadly weapon, or arises from any un-
lawful dCb Vi NlNltIGts lloih buO
law raises the presumption OF malice.
Malice is the necessary ingredient, in
deed the test of murder. Unless from
the facts in this case malice is proved
beyond reasonable doubt you may not
| convict of murder in the second degree.
Manslaughter is the killing OF human
being without malice, but under such
circumstances as cannot render it
| wholly innocent, or eXcusable, or justi-
| fable in law. When the killing is done
| in the sudden transport of passion, in
| the heat of blood, the law comedies that
| the act may be incident to the weak
ness and infirmity of our natures, and
thus negatives implied malice, which
| is essential to the crime Of murder in
| the second degree.
| Excusable homicide may arise either
| from misadventure or in self defence,
and when proved entities the accused
to verdict Of not guilty. EYcusable
homicide by misadventure is the acci-
dental killing of another when the
slayer is doing lawfnl act, unaccom-
panied by any cruelty careless or reck-
less conduct.
"Under the statutes of this State
| Every person who shall abet, procure
command or counsel any other person,
or persons, to commit any crime, or
misdeameanor, shall be deem ed an ac-
complice and equally criminal as the
principal offender. Who're one is
charged as an accomplice, in order to
convict, it must be shown beyond a
reasonable doubt that he was present
feloniously and maliciously aiding and
abetting, or counselling the killing of
the deceased. Ii SO present aiding and
abetting tho act of one is the act of all,
whichever may give the mortal wound,
and all are alike guilty.
"Let us now apply these rules of law
to the case in hand. 1t must be borne
in mind that the deceased was one OF
that class of poor unfortunates who, in
the providence of God, are deprived OF
reason; some temporarily, some per-
manently. Unable TO control themselves
and to manage their property they are
thrown upon the mercy Of their friends
or the public. In this instance they
were the wards of the State. Their
pitiful helpiessness inspires every
manly heart with eommiseration and
sympathy. Tho State having under
taken their charge should see to it that
their treatment is controlled by en-
hghtened and humane regulations
their comfort cared for, and that skill
full and merciful attendants shall be
placed in charee of them. 1t should be
remembered, however, that while in
sanity is sometimes quiet and harmless
in its developments, that at other times
it is active and violent; that in the
management of such an asylum SO muct
force must be used in each particular
case as may be necessary TO enforce ant
maintain whOIRsoIne 1igciDline aQC