The record-union., 1898-01-16
HEREDITY AND MURDER.
The Alameda Argus says:


In Chicago a new defense for MUIR
der has been set up. 1t is heredity
When one person murders another ac-
cording to this theory, he is held to be
blameless, because it was in his blood
and he couldn't help it. The fellow
to blame was an ancestor away back,
who has been dust and ashes for an
age, it may be. How this is going
to work remains to be seen.
All which is absurd It is not new
thing. If any such idea has been SER
iously advanced in Chicago or any
whare else as new it was done as a
joke. If plea of insanity at the time
Of the commission of the act is set up
and sent to trial it is underst andabe
enough that the question of heredity
may enter in, and such has been the
fact from the beginning, though we
confess to precious little faith IN the
doctrine so far as running far down
the family line Is concerned.
One born OF parents who were insane
may well be supposed to have been
born wrong. But as rule the fellow
who is sane enough to lie in wait, to
plot and design to kin his fellow, and
then suggest for himself and to set up
the plea of insanity, is sane enough to
be properly hanged. There is a whole
boat load of people in every consider
able community who are sane enough
to make good living; to mingle among
men without much more danger to them
than from any passionate person; who
are not even thought Of as insane by
their friends; who are supposed to be
a bit notional and cranky, and who are
perhaps thought to be just little
soft" Out of this group of people
front as a murderer. Thereupon the
whole population rises up and testifles
with one voice to the queerness. or the
eccentricities, or crankimess of the GRIM
inal, and. hence, plea of insanity is
set up and ten to one the red-handed
goes free.
It Is sound doctrine that all of this
class of people are susceptible to the
restraint Of fear. They are perfectly
well aware OF the broad distinction be-
tween right and wrong. They are al
ways sharp enough to calculate that
their reputation for crankiness will
stand them IN good stead in case of
trouble. They realize that society will
not hang the insane, or those who
murder under the impulse Of insanity
of the moment due to constitutional
mental defect. The result is that the
fear OF the law with. all such is trifling
and they experience no dterrent infiu-
ence in consequence, when by passion
the spirit of revenge or other motor
they ave impelled to crime.
We repeat that except one Is so in
sane as to be worthy of confinement in
an asylum; unless one is so clearly and
unquestionably irresponsible as 10 leave
no room for doubt as to the complex
absence Of capacity to eriminally in
tend the crsnks guilty of crime should
suffer punishment precisely as do the
sane. Such execution of the law tends
to deter other cranks, all Of whom are
susceptible to the restraining influence
OF fear Of punishment, and every last
one OF whom is sane enough to hide,
to run, TO avoid arrest, If they can
Proof of hereditary faint is permis-
sible In support of a plea Of insanity
very often. But this going away back
and down the line of progenitors TO the
long ago dust and ashes fellow" to
secure tfre clearance Of a murderer is
of doubtful wisdom. Tt is by no means
settled that the hereditary affection
goes very far back or that 1t crops out
very late. In nine cases out of ten
such a plea is absurd; that it IS too
much pleaded and too frequently sue
cessfuily so. is undenlable.
The ARGUS" calls attention TO the
fact of the acquittal of the girl muir
derer In the Fallmer case. recently tried
IN OakIs md, where not even the plea
of hered itary faint was set up, but
sort of mixed nelancholic and mildly
passionate insanity advanced 10 excuse
the girl Swho had been wronged by her