The Birmingham age-herald., 1906-11-20

to aid the court With their skill and knowledge the better to arrive at the real facts. Finding in the preliminary stages of it's investigation that eminent experts who examined the prisoner differed rad ically whether his present mental condi- ton was such that 1t would be just tn put him on trial, that it might have your advice and opinion as to the real mental condition Of the prisoner. In SD doing, Il is following the pathway marked out in such cases by the courts of highest au- thority, which have frequently declared
 that a just judge will not fail to re- heVe his own conscience by submitting the facts to a jury"
 Latitude In Evidence.
 Much latitude has been allowed in the evidence as to the family history of the defendant. his career from youth ito the present time. the nature of the occupa- tions in which he has been engaged, the manner in which he has discharged his duties, his personal eharacteristcs and habits his acts and conduct before an after the offense, and the means by which it is alleged to have been committed, and his declarations and statements at va { rious periods, from the time he was con , fronted with the charge up to the present hour and also what was said and done by him in the various examinations made , by experts. You have also had the opin- loH ol tiDSt tAptltsf lpl iht ithPpii 'iie' have severally shown as to the defend- ants present mental condition an,. fitness for trial. This broad line of inquiry was permitted because. after all, we cannot safely apply general principles and eX- perience to the workings Of the hu- man mind in determining the condition of a particular individuals mind at any given time, unless we look to the per sona1 character of the individual. to the grade of his mental powers to the mo- tions by which he is governed, to his views of things, and finally to the course of his whole life, and the nature of the particular act with which he is charged, and the circumstances under which It was committed While we are not dtectly con- ccrned in this inquiry with the question whether or not the defendant was insane at the time of the commission Of the ol- fense charged, the period elapslng be tween that date and the present occasion Is so recent. and the offenses charged are so related to 1t, that his condition, as you may find 1t to have been at that time may shed some light in forming your opinion as what his mental condition IS many find it to have been at that time, issue, for that purpose alone.
 | Finite man at last. gropes but darkly into the conditions of the human mind ! aud it is impossible for any court to lay down any fixed rule. as a' matter of
  which will unerringly demonstrate sanity 1 or the contrary condition of the human mind or the degree of aberra ton which,
 when found to exist, exempts an ae- cused person from criminal responsibility ! or units him to rationallY aid III hl' defense when araigned for crime. An ap | proved text writer has said in this con
 nection the following suggestions will ait such inquires ''Al men are erring
 Mere errors therefore does not excus from punishment. All men have Nlclou
 propenslties Therefore a propensity [,
 do q certain evil thing does not eNcus' ! the doer. All men are only in limte'
 degree detcrred from wrong doing bA ! fear of it's consequences. The mere fact
 therefore. that d defendant was not fear { full of punishment, when doing an act
 does not show him to have been Insane All men are more or less regardless oi 1 the claims of conscience. So the mere : fact that a prisoner showed a hardened i heart does not prove him insane. But all i sane men act with a uniformity of plan ! varied and winding indeed sometimes ! yet uniform in the manifestations of : mind: all are under some restraint con 1 cerning every matter before them; all derive their knowledge of visible things 1 from what is really tangible to their ! outward senses; all love the friends
 who sincerely do them good all manifest l
 for their offspring all obey in short 1 certain laws which we recognize as be- l longing to the mind of q sane man.
 "Whcn. therefore. a person Is found act | ing. either at times or habtually. con
 trary to these known laws, we may say | that he is more or less Insane, But
 whether or not an individual's departure
 from general rules governing human ae-
 ton demonstrates such alteration oi
 mind as exempts him from criminal re-
 sponsibility. or unfitness on that account
 to be placed on trial depends upon the
 facts of the particular case. and is te
 be gathered not merely from the act. but
 must be also determined and tested. In
 view of every other fact and cireum-
 stance. which sheds light upon the con
 ditlon of the defendants mind al the
 time as to which the inquiry Is made l Each particular case, therefore, presents | a practical question. upon the decision
 of which general statements of the the | ories of medical men and the reasoning
 of jurlsts furnish only partial. and some
 times little if any, practical help.
 The Precise Question.
 person may be insane. or partially
 so at one time and subsequently, be re
 stored to sanity. and afterwards be
 responsible being in the eye of the law 1 The precise question you have here. q.
 you understand, Is 10 determine whethc
 at this time It has heen allowed. on thi
 session of his mental faculties. en
 ables him rightly to comprehend his con dition with reference to the proceedings against him. and to ratonally aid 1T the conduct of his defense. The reasor | why an insane person. or. one wht
 though not insane, is laborns under sucf