Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-08-14
Ially kenneber Journal
AUGUSTA LOCALS.
VERDICT SUSTAINED.
Law Court Decision in Bradford
Knight Murder Gaze.
Exceptions on Ground Of Insanity
Overruled and Verdict Affirmed.
an Mls Opinion Drawn by Justice Nm. p.
whiichousc Of Augusta.

OF guilty of murder in the first degree.
found against bradford Kn. ght of
Richmond. who shot ana killed Mamie
small of Eowdoinham. in Gardiner.
psFeb. Il, 1899. everything the exceptions
taken on the ground of nslnity and
Sustaining the verdict
-Fhe following is an abstract of the
Opinion drawn by Judge Whiteaou-c;
State Y. Bradford knight.
lnfhiS case the respondent was in
t:iessa and tiled for the murder of
Mamie small. 1t was not in con-
ttovefsy that the accused, if legally re
SpoB:fble FOR tie act. was guilty of the
crime charged, and the only issue
raised in defence was the insanity of
TIE respondent. Tie jury returned a
verdict of guilty and the case comes to
this court on exceptions taken by the
cefendants counsel to the instruc-
tons given in the charge to the Jury.
sit is earnestly contcndcd b. the
learned counsel for the defendant that
an uncontrollablc insane impulse To
conrnlit a criminal act may co-exist
with full knowledge Of the wrongful
ness of the act, ara that the legal test
OF responsibility for crime afforded by
the knowledge Of right and wrong
respecting tho aCt committed ha,
proved to be in. icicut ana unsatis-
factory.
1t is undoubtedly true that in the
progressive development of the iuris-
prudence of insanity more enlightened
views have cra1ua-Iv nrov,iIad ,a
spcetinc tie functional activitv of tho
mind and the course # SUMMONS in
,licating mental d:yryro and th,: inst
confessions hay, marc rr.uuonth.
been lcached hy c.urt.: and iuri.s i,
recent wears in lct-..-d 20 tn. ralatinu
of insanity tn crinii,,l rcsnonSihilit,.
Eut t is not in CONTROVERSY that the
instructions actually ui.rl to tn. iu,.v
were in harmony with -. fntcli.ctual
test Of responsibility app.:,-od by this
court in 1870 in State Y. Lawrence. and
That the refusal To civ. the requested
instructions was fuliy justified IN The
doctrine OF that case. since tho an
nGtn.cncnt al that decision his ILL.,
strusc ana GilIicult question has been
tho subject If renewed study in thc
l-2ht of All modern discovery of
/, i.ntiiir truth bearing urun ii. bv thr
most eminent medical ana legal juiists
lt' tIi4'' ''ii'lN f'ii' LIS ''Ai''' ''''' ~
courts If the highest authority in both
countries; ami II IS sun hcid hE nm
"vcrWhclmin" weight ~ judicial
authority that wren IN" 'nsdrliy - lfc
accused Is pleaded ~ defence. the t"St
Of his responsibility TER crlin" afforded
ny his rtpa'ltN to una fStdNu IN"
nature and quality Of The "Ct he was
doing. and his mental power t dis
tnc'ish between right and WRONG
with respect to that particular act AT
the time he committed it. l.; Tin" only
proper legal clilCl ion. and that Wht n
fully Developed and explained Ia t@c
jury in its application to the Sp"'lll
facts and circumstances of different
cases. it will always be found ad"-
uUdtc to meet the demands of justice
ana humanity toward the accused as
well as to insure the protection avn
"afrtY of tn" public.
But L is insisted that the tim" has
now arrived when dis cIitc'irn ~ re-
spnr: Utility can Ec safely modified by
Incorporating into the rule the cl"in"nt
Of irresistible impulse presented IN the
irrcnda request.
u,t,o o,.,,,r,.nt proceeds rpnn Ma
thc,r,. tb,t thcro IL j fn,u If insanity
i, I'LL ;,b VII, faculties arc w Laranprd
tb.,t VIVA man though he pcrccivcs thc
.,o,..,t ..r,I;t, of III ac,s Il unable 10
rn,trnI nom ana is urged BY some
,...,.';,,,s. ,,,.as.,,,,r,. I, IN commission
~ ,io,,so,,,,orco If which NJ
.,i,.t.,a,a. ~, canrot avoid What
n,-nt. ,,,ndicaI or scientific authority
,t,... Ia a. tbis view. II has not
ol.a,ai me, haa, accanted b. courts Of
~, Tho yag,encss and uncertainty
'"" :.,,irT, ,,hich would bo opened.
VI tnc i'i'i""s - ir.rodu,iu,
'l'i TN. '-', a,oirnad into the rrIc Of
al, i'l' lit,;,,' ~ Uses or crime. NAV
'esi''iiSloi''s 49, 80 nonso before as
:. Ia,,,oo,ca in evil mas
'eil'i"S ~ IL. NV ,as.,,;rinc mower If
SONS Meake axe. 're and the rub.
're VIII anu .p.'' W. ,ho onyc,. for TIC
Sus 'steu me Is a,;',,a and i,s h,stificq
commission u e,'','e 80 f'i i,.rasie,ibrc i'm
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