The record-union., 1896-04-20
THE RATEN CASE.

Simon Raten, the three times murderer,
has been lawfully declared to be now in
an insane condition and not capable of
being put upon his trial for murder, not
the deed. We respect the verdict of the
jury, but shall continue to think that
the kind of insanity with which Raten is
afflicted is best treated at the end Of a
not permit it, and perhaps never can
We quite agree with one Of the citizens
examined as to his fitness to serve on
the jury of inquiry, when he said that
he believed in hanging that kind of in
sane people.
That is putting it, of course on the
same footing with the killing of a wild
beast or mad dog when it contests our
right to life. We are perfectly well
aware that the expression of such SEN
timent will meet with much disapproval,
but it is sincerely entertained despite
the sentiment and the law that an in
sane person shall not be put to trial for
crime. AS a general rule that is a sound
proposition, a merciful and humane
rule, and one we would not break down
But when it appears that such fellow
as Raten is sane enough to roam around
the country and kill unoffending people,
and to know that when he does so he is
doing wrong, is committing the most
awful of crimes-and ON this, as we un-
derstand it, there was no dispute-sane
enough to deny his crime, and when cor
nered to attempt to set up an alibi, he is
sane enough to be hanged
OF course this is what will happen in
Raten's case: He will be sent to Stock
ton, as he was before, after the killing OF
Lansing. In the course Of two or three
years he will be discharged cured, for
within that asylum he will soften down
and straighten out, and win dis
charge. He will then be brought into
court to stand his trial. But the chief
witnesses Will have scattered or died,
two of them are japanese strangers, one
other Is a very old man; beside the case
will have grown cold, a District Attor-
ney strange to the facts will be in office.
the trial will be farce and Raten will
be set free, again to go abroad to the
numbering of more people.
"Rut what should be done?" we are
asked. would you have man put on
trial who is incapable of advising with
his counsel, of making a sane pIea?''
We would have the law in such form, if
it Is not possible now. that the testi-
mony now at hand, and ample to con-
vict this brutal assassin, could be per-
petuated and made of such record that
it would be just as strong against him
ten years hence as 1t is to-day. The
evidence should not die, nor fade away.
Then we would have these insane muir
derers kept in very different way from
other insane people. The confinement
in the asylum should be of a character
to preclude the possibility of escape. 1t
is possible that such provision is now
made, but we are assuming that there
being a criminal ward in the asylum
secure against such ruffians as Raten.
Commenting upon a case Of mono
mania whereby it's plea fellow secured
release, the Los Angeles Express
says:
II q man Is a criminal monoma-
MAC; If his mania manifests itself in
some uncomfortable criminal impulse
he should not be punished for ii, but on
the contrary he should be placed where
his disease can be cured, or. If incura-
BILE, where he will not be allowed to
prey on society.
Why could not one of our five insane
asylums be devoted to the criminally
insane? The directors of all the asy-
lums will tell the Legislature that the
present system of mixing the criminal
ly insane with the other patients is very
bad. vet they are powerless to prevent
it, under the laws as they now are. The
expense would be no greater, and 1t will
cost less by far to keep a criminal ot
this character shut up than to keep on
trying him every few years, or else tc
support him in the penitentiary.
The protection Of society alone would