The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-10-12


The shocking tragedy of Thursday is
different from several others in which diff
ferent husbands have recently murdered
their wives and then taken their own lives
in that the first wife Of the suicide died
of poisoning under suspicious circumstan-
ces, while the second wife was shot and
killed by him. In the last case the now
suicide escaped on some technicality.
Doubtless if thorough investigation had
been made to ascertain the causes of the
death of the first wife. it would have
pointed to the man who undoubtedly killed
the second and third wives as the cause
of the death of the first. All that is
known OF the killing of the second wife
Is that the husband who took her life
escaped on some technicality. 1t may be
fairly assumed that he had trial and that
expert testimony was introduced to show
that the murderer was laboring under
temporary or emotional insanity and con-
sequently must not be held responsible for
his crime. The jury, accepting such testi-
mony as conclusive. acquitted the man
with mania to commit murder and he
went forth to commit other murders when
the madness should seize him.
1t seems that here is the serious defect
In criminal Jurisprudence. The man whom
the experts declare to be insane temporar-
lily during the period that he takes
human life should not be turned loose
upon society, but should be consigned for
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upon the ground that, when in anger, he
will again be seized with madness which
will lead him to commit murder. The man
who, in a period of temporary insanity.
or whatever else it may be called. com
mits murder is always dangerous, and,
because he is dangerous. should be placed
where he cannot again be the victim of
the mania to kill 1t seems that it would
be a safe rule to proceed upon that the
man who takes a human life, unless it
can be proved to be in self-defense beyond
a reasonable doubt should be placed where
he cannot repeat the crime, or where he
can be cured for the disease which mani
tests itself in homicide. Now. the counsel
for those who are accused of murder offer
some sort of insanity as defense. They
are able to secure the testimony of experts
to show that the accused is not response
bic for his crime If the testimony of the
experts satisfies the jury the man who
is declared to be irresponsible for taking
life is set at liberty. If, instead of being
turned loose, the accused were sent to a
criminal hospital for life, or until he could
be cured. the plea of temporary insanity
would not often be made.
In the last issue Of the North American
Review, Judge Woodward. of the New York
Supreme Court, discusses Expert Evil
dence" in the light of extended experience.
A few years ago he presided over the
trial of a man during which the great
| alienists of the country were summoned
| as medical experts, one of whom sustained
a cross-examination Of three days. Judge
Woodward is opposed to the custom of hav-
| ing experts called as witnesses by either
side in a trial. The most of them paid
for making an examination by the party
that calls them to testify. For the ex-
animation they usually receive fee. The
professional expert Is really as much in the
employ of the party for whom he testifies
as is the lawyer who questions him. Judge
Woodward suggests that, when the opinions
| Of experts are needed in trial, the court
| shall select them and the State pay
| them. Under such circumstances an i'm
| partial opinion will be obtained. 1t seems
that If this suggestion should be given the
| force of law. and experts impartial as
presiding judges were employed, the evil
of turning murderers loose because Of
temporary insanity would, in many in
stances, be avoided.