The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1898-01-27

balanced. Said to have attempted sy-
eide. Family did not consider him dan
gerous, went about by himself, though
for time had attendant Died rather
suddenly from brain trouble, probably
from kidneys. Physician at lost i'll,
mentioned by Dr. Tallevs 4 his testimony
one at Bartlett, Tex, has been found
His family physician writes me that me
has known him for the past eight years
have attended In in sickness,
as well as hi, father and sis
tiers during that time. | have
seen no evideIce of his being af-
hicted with epilepsy at any time, nor
have | ever heard of any such affection
from any member of the family or any
one else" reputable and leading citi-
zen of Bartlett writes me that he has
never heard of him being afflicted with
epilepsy" 1t is evident from this state.
ment Of all the information at hand
that the character and extent of the
mental disorder of Palmour is uncertain;
but accepting the opinion of DR.. Bailey,
and admitting, for the purpose of this
paper, that the grandfather was mono
maniac late ia life, it does not appear to
/me sufficient for several reasons to JUS
the court. There is no evidence of the
insanity of Notwithstanding for
the present, insanity alleged to be shown
in the enormity of the crime-and "onse-
quently the insanity of the ancestor is
immaterial. Chief Justice Agnew de-
nlared the safe rule when he said: ''The
A,ourt is not bound to hear evidence of
the insanity of mans relatives or evil
dence of his proper instruction in morals
and religion, or of the kind treatment
of his relatives and friends, as grounds of
the presumption of possible insanity, I'M
til some evidence has been given that
the prisoner himself has shown signs of
his own insanity"
Laros VS.. Commonwealth, 81 Pa. ST.,
State VS.. Cunningham, ~ n. c., Ago.
Snow VS.. Benton, % ILL.,, BOG.
Considering the accepted malady of the
grandfather and the time of its manifes-
tation, the defendant the grandson, be-
ing then about IL years of age, it is not
probable he could have been affected by
it. AS we might suppose children that
are born before insanity manifests itself
in the parents are less subject to the
disorder than those who are born after,
wards" and necessarily the probability
will be still more remote with grandchil-
dren.
Taylor's Med. Jur. 62S.
Mann's Med. .Jur., 1913.
Finally, the indications are that the
dementia of PalmOur was connected with
old age and improbable of transmits
sion. On this character of disease the
most recent writers say: ''The most
common symptoms associated with it
are suspicion of the nearest and most
dear, Authorizations of hearing and of
sight and delusions which are often of
persecutory character. There is fire.
quently a great fear of impending pov-
erty or ruin"
Witthaus & Becker Med. Jur.. 800
The Homicide to Prove Insanity.
1t is urgently insisted that the act of
defendant in numbering his wife and
children is in itself evidence of insanity
Murder of the wife by the husband with
out even an intimation of insanity has
often enough occurred that this phase
Of the case need not present serious diff
ficulty. Undoubtedly the experience of
mankind shows that the murder of the
offspring by persons of sound mind il
far less frequent than the murder of
the wife, but the question is, is it so i'm
possible, so contrary to observation, so
utterly unnatural and shocking as in
itself to establish insanity? If sane
men in the past III wicked passion have
destroyed their infant children may they
not do so now? The act of Halves in
numbering his children in Alabama a
few years ago, when unquestiOnably
sane, is fresh in the minds of thoughtful
students of criminal law. Law re-
ports and treatscs on medical jurispru-
dence furnish ample proof that while
happily rare, sane men and women have
been found cruel and goddess. enough to
destroy their own.
. I>awson's Criminal Defenses, $50
Rays Med. Jur., section Is.
s>lsRussell on Grimes. 1924.
Detected in falsehood and deceit, mon
eyless and out of employment, threaten
ed with election from rented premises,
in the tolls of the law, and with domestic
disturbance possibly impending, may
not the defendant have consciously and
deliberately preferred the destruction of
his family and flight to the probab
alternative? Hopeless and desperate,
family and himself but finally recoiled
from the last? Far in the night of this
fearful murder, neighboring lady heard
"a deep horrible sound" and then "child
scream once" in this mans house. May
he not, originally intending upon some
preteXt or motive to kill only his wife.
have been terrorized by this cry and
then destroyed even child evidence
of his guilt? If the mother was to be
murdered. why leave the children to ask
for her in the morning and embarrass
his plans and his flight? While in the
light of history, crimes like this are not
necessarily the result of unsound minds.
the doctrine contended for that the enor-
nifty of the crime is alone evidence of
insanity is fraught with great danger to
society. If such shall become the law
the preparation of crimes will be ex
cused by their very wickedness and
atrocity. 1t is the crystallization of
enlightened Jurisprudence, therefore,
that where no more than the homicide is
proved, "the barbarity of the net will
not be evidence of insanity, for then the
more unnatural and brutal the crime
the stronger will be the ground of de-
Tense"
Boswell on Insanity, section 225.
| Russell on Grimes, 81 ct seq.
Lawson's Criminal Defcnses. 3, 1G4.
Ibid, p. $50.
The Want of Motive.
Ii is strenuously claimed that the de-
PENDANT had no reason or motive for the
crime, and therefore is insane. This
but begs the question. In the preceding
paragraph it has been shown that sever
al motives not in themselves necessarily
indicating or proving insanity, may have
actuated the defendant. In addition to
this it is we'll to recall the testimony
ttTTr=-iH rfTU -ITTCFnO0n previous to the
tragedy the voice of woman pitched in
high key in the house of defendant
declared, IL will not stand this any long
err" Only two women resided there the
servant and Mrs. Burt, and the former