The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-10-27
RINKARD MURDER CASE
ATTORNEY GENERALS BRIEF FILED
IN SUPREME COURT.
Insanity and UngOvernabIe Passion
Compared-The story OF the Kill
ing of Mrs. Rinkard.

The lOng-expeCted brief for the state IN
the capital case OF John Rinkard against
the State of Inu.ana in the Supreme Court
came from the hands OF the printer last
night and will be hled tomorrow morning
The brief was the joint work Of Attorney
General Taylor and his deputy, Cassius G.
Hadley. IL is a voluminous document, COW
ering hfty-four printed pages.
The story OF the tragedy as narrated in
the brief is thrilling on the morning Of
june ., 1900, Rinkdrd went 10 the home Of
"A brother-in-law, 10 which Mrs. Rinkard
had gone TO reside, and began shooting at
the woman from point outside of the
house. lie rushed into the house after fir
ing the first shot. which only wounded the
woman in the wrist. and pursued her from
room 10 ROOM firing at her as she ran, un-
I'll she at last fell dead before him. The
murderer then turned the weapon against
ms own head and fired, and when found
was almost unconscious, but recovered in
short time after being taken TO a hospital.
The defense relies principally upon the
theory that Rinkard was insane at the time
he killed his wife and had been mentally
unsound for a period of thirty years prior
to the tragedy. The States brief dealing
with the insanity question lays down the
following propositions. each supported by
citations of legal decisions:
Insanity ana criminal responsibility are
questions Of fact for the jury and not ques-
tons OF law for the court.
IF a person has sufficient mental capacity
10 know right from wrong and 70 be able TO
comprehend the nature and consequences
of his act and wllpower sufficient To resist
an impulse 10 commit a crime, he Is OF
sound mind within the meaning OF the
law. The overriding of the will by ungov-
erned passions does not constitute in
sanity.
MISTREATED HIS FAMILY.
Rinkard's counsel place much reliance
upon the fact that their client for years
mistre ted his family. using sticks and
clubs and a biacksnake whip upon his wife
and children, that he frequently raved and
cursed at inanimate objects and that he
would brutally treat his horse when the
animal became fast in "A muddy road. Con-
corning the difference between insanity and
ungovernable passion, the States brief
SAYS:
IRREGULARITIES and eccentricities do not
constitute insanity; neither is a cruel man,
or man who let's his passions have un-
governed sway, necessarily an insane man.
Insanity II a disease. and this disease, to
become insanity within the legal accepta-
tica of the term, must be of such char
acter TO deprive the person so afflicted
Of the sense Of right and wrong and knowl-
edge of the consequences of his acts,
must have so overcome his will that he.
while knowing the difference between right
and wrong and the consequences of his
acts, yet has an irresistible or uncontroll-
able impulse 60 commit the act In the race
of this knowledge.
An ungoverned passion is not insanity
y man of ordinary will power, who Is UNI
impaired by disease, Is required by law TO
govern and control his passions. If he
yields to wicked passions and purposely
and maliciOusly Stays another, he cannot
escape the penalty prescribed by law upon
the ground Of mental incapacity. That state
of mind caused BY wicked and ungoverned
passions, resulting not from mental lesion.
but solely from evil passions, constitutes
That mental condition which the law alb
hOTs. and which renders the viOlator there
OF subject 10 the punishments provided
thereby
In dealing with another instance of
1sinkard's alleged insanity, which is deemed
exceptionally fiimsy, the attorney general
grows sarcastic Another indication of in
sanity says the brief, was that he
tRinkardl had got into his wagon, driven
Two squares away from home, and, with
out any apparent reason. turned around
and driven back. There Is no evidence to
show that he mad not forgotten something
or that he had been iftesolute as To where
he would go or what direction he would
take. If all of US who started from home
and Went two or three squares and returned
should be declared insane we would have
TO have insane hospitals without keepers"
ALLEGED DEFECTIVE RECORD.
toiLtiuii1 TIE contention OF fl0kdIQ 8
attorneys that the record i'm the case is de-
fective i'm that il does not show the grand
jury below was legally impaneed and that
it does not contain the states reply To
Rinkard's plea OF insanity, the attorney
generals brief says that these alleged de-
fleets have been cured by a writ Of GER
tiorari. The writ wa &c -urned To the Su-
preme Court YESTERDAY The brief for the
state adds that the question "a To the i'm
paneling of the granO jury is trivial, since
II Is not necessary for the record 10 show
that the grand jury was legally impaneled.
The States brief closes in an impressive
manner, as follows:
In view of the gravity of this case and
the awful punishment to be inflicted upon
than We ordinarily would have done the
weight of the testimony in this case. fully
understanding that this court will not
weigh the evidence, but yet approaching
the responsibility of the court which must
pass the final decree upon this misera BILE
appellant.
we have desired 20 present 10 the court
the salient facts in the case To show that
In any event this court cannot fail to be
satisfied that the jury did not err i'm its de-
termina uQn IN this case; that the appellant
fully merited and richly deserved the awful
punishment prescribed by them I'm their
verdict; that he wantony and cowardIy
took the life OF a weaker person, without
any cause except that produced by his own
cruel and vindictive spirit and that person
Tor thirty years his wife and the mother OF
his children.