The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1905-11-14

when one b- reason OF such disease.
should be excused from the punish
mcnt for an unlawful act?
Untu yol as a profession, and by
this | do not mean the general prac-
titioner. but those most advanced In
this particular branch can agree uopn
some standard by which mental re-
sl,onsibuity can be measured. you can
not consistently complain that the law
making power ignores scientific theories,
and lflcts punishment under such con-
dltlons as appeal TO the average man as
just and reasonable. / am familiar with
the contention that there are many forms
OF insanity that cannot be feigned, and
yet these very forms Of arrangement
have been simulated 80 successfully that
they not only deceived iuries but the
medical experts as well
1T has been my privilege To- observe
the trial OF many cases wherein In
sanity was the defence IN the ma
jority Of these cases acquittais werd
had but from a close observation Of
these men while on trial. and Of them
since, 4 can truthfully state that with
possibly one exception ] have never
known any one who has been acquitted o.
crime on the ground OF insanity. who,
in my judgment. was not mentally
responsible. and used this defense as
mere subterfuge and means OF es-
cape Usually there is method in
their madness.
"The capacity Of The human mind
is limitless and its powers TO deceive
are co-extensive with the knowledge
Of outward appearances Of mental dis
eases, and deception win be pacticed
whenever II seems expedient- We read
in the bible that David. after he had
slain the giant. and BY that wonderful
feat won the applause OF his country
men, praisng MIN above SaW, the
king who. through jealousy, sough.
his life fed to Gath, ana when he
vas taken before King Aclsb, fearing
! the Aing. he changed his behavior and
feigned himself mad and scribbled on
he doors Of the gate, and let the spit-
tle fan upon his beard. Then said
Acish unto his servants. Lot ye see the
man is mad. Wherefore. then. have
ye brought him 10 meg I believe that
this Is the first case nrecord where
one tried 70 make others believe him
self insane. David's deception accom-
/ iAArAAN ANt hfrAA'u filA anu WAAAS as n
rule defense of mental iresponsibility
has been no more meritorious than his
pretensions to madness, has In most
Instances succeeded equally as well
Wherein. sou may ask is the fault Of
this miscarriage Of justiee7 There are a
number Of causes which contribute 10
this result.
NO physician should hesitate. II
such be tho case, to admit his Lack
OF knowledge Of nervous diseases for
few men are really skilled therein
But whatver Information he possesses
he shoud give candidy honestly and
feariessly in simple words. $50 that tbs
most iliiterate may understand his exact
meaning. Testimony otherwise gives
becomes mystifying TO the uneducated
juror. and being uncertain as 70 snal
the medical terms mean, usually cen
: cludes that they should be Interpreted
most favorably TO the dcfeldant
"The tuciful lawyer representing the
defendant takes advantage not only Of
such testimony, but brings 70 the AT.
, tention OF tho jury every act durinf
the defendants whole life. and every
statement ever made by him which car
be considered in the slightest unusual
: even though it has no connection viii
the crime charged. And again. withou
: any urdation for such defense, thl
lawyer sometimes suggests that such
{ plea might secure bis liberty and testi
mony Is manufactured 10 that end
{ IAN attorney at Law is just as mucl
e "a sworn officer OF the court as IN
d Judge upon the bench, and the lawya
e who aids or ahets Ia manufacturinl
. evidence OF who knowingly uses falls
testimony. violates hs oath OF Of