The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-07-13
is THE LAW SUFFICIENT?
RESULT IN sCHWARz CASE CAUSING
MUCH COMMENT.

Declared to He Insane Be Turned
Loose Upon the Communicate
tOrncys Discuss the Law-Defen-
dant in Murder Case Has Two
Chances TO PIend Insanity, But
Very Few Escape on This Plea.
Judge TVvisgs Contends That the
Law Is Sufficient as II Stands-If
SchNvarz Is Insane There Is Moth
ing 10 Prevent His Being Sent TO
the Asylum Again.
The recent acquittal of William Schwarz
in the Superior Court on the charge of
murder on the ground Of insanity has
called attention to an apparent defect in
! the law governing such cases.
Many people are inquiring why 1t is if
Schwarz is insane thai he should be turn
ed loose upon the community. The answer
given by the lawyers S that The jury had
! no power in the matter beyond finding
whether Schwarz was guilty or not guilty
OF murder, and its duty ended there. Sepa-
rate proceedings on the ground of iunacy
would have TO be taken should any one
feel DISPOSED to press this matter. AS the
matter stands now the authorities at the
Schwarz to be sane, while a jury in the
Superior Court has recently acquitted him
On The charge Of murder on the ground
that he was insane at the time of the Kill
ing and presumably is stiA insane.
Mr.. George W. Owens, who was the
leading counsel for Schwarz, when asked
about the matter yesterday, said that such
a result does apparently show a defect in
The law.
In some of the states" said Mr.. Owens
the Juries have a right, where the de-
tense of insanity is set up, if they find
the defendant TO be insane, to return a
verdict to this effect, with the recommen-
dalton that the accused be sent to an
insane asylum, the recommendation being
equivalent to a sentence to the asy-
lum until such time as the par
! ty has recovered his sanity In Georgia
the law provides that where a special
plea of insanity is made that the accused
shall be given a trial upon thai plea, and
If found to be insane that he shall be sent
TO the asylum. This was done in
SchwarZs case The asylum authorities
having declared Schwarz to be sane, it
! was necessary that he should stand trial
| on the original charge of murder. The
| defense being insanity, the question with
! the jury was whether or not Schwarz was
| insane at the time of the killing. The
/ question was not whether or not he is
insane now, though for myself l fully be-
| lieve him TO be insane. Dr. Read testi-
fed positively to this effect upon the
| stand"
"Schwarz's case is an unusual one"
said Mr.. Owens. in my experience or
| tweuty-seven years in the courts of this
do M ay,oI,
where the accused went scot free on the
plea Of insanity There were TWO cases
a good many years ago where two par
| ties who had been convicted and sen
! fenced for murder set up the plea of in
| sanity. DR.. Read was the expert called
in these cases. He decided that the men
were feigning insanity, and they paid
| the penalty of their crimes"
Attorneys differ, however, in their
! views of this matter. Judge II. D. D.
| IwiSSs, when asked for his opinion on
| the subject, held that the law is all right
| as ii stands, and was doubtful of there
! being any material difference in the laws
| OF other states on the subject
| An insane man cannot be tried for a
| crime said Judge Twiggs. This is
| principle OF law recognized by the courts
! OF every civilized country If the accused
| was insane at the time of the comm ssion
| Of The crime ii is the duty of the jury TO
! acquit him. The jury should not have the
! right to say tEat the man should be con-
! hhed 10 an asylum, because he may no
/ longer pe insane 1t may have been a
case Oh temporary insanity Many such in
stances nave occurred. Again The man
may nave been sane at the time Of the
| killing, and have become insane by the
time of being brought 10 trial. The law
l provides Tor specIaf plea of insanity in
/ such cases. If found to be insane he must
re sent 10 an asylum Should he ALTER
wards recover MS sanity he can then be
| tIled Tor ms crime or he may have been
| insane at the tlme of the killing and also
! insane at The tine Of The trial on the spe-
| cial plea and afterwards be declared 10 be
esaliy sane. This was the claim in the
! SchWarz case. The courts cannot try a
man unless ne IS held TO be sane The
asylum authorities had declared Schwarz
/ 10 be sane and conse qUently he was eTigi-
| bic for trial. The case might have been
! fried lfffaraptIv Counsel Cor H. ,o~,,-.1