The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-02-13
INSANITY AS
A DEFENSE
LAW IN NEW YORK EXPLAINED
BY AN AuTHoRrTy-FlNps
THAw MAY BE iNNo.
CENT.

BY AN AuTHoRrTy-FiNps
THAw MAY BE iNNo.
CENT.
Not Responsible for the Killing OF
White II, AZ the Testimony Tends TO
Show, He Was Incapable at the
Time Of the Shooting Of knowing
tho Quality OF HIS Act or Tina. the
Act Was Wrong.
NEW YORK, Feb. 13.-grom the
opening address OF the defendants
counsel in the trial Of Harry X. rhaw
for the killing Of stanford White and
the examination OF Witnesses. It ap.
pears That the only real defense WIN
be insanity. and that the form of In.
sanity Relied upon Will be insane delu.
sion-that IS. an insane delusion that
White had ruined the defendants
wife. or an insane delusion that 1t
VI necessary for the defendant to
kill White in self-defense or in de.
fense OF his wife, or an insane delu.
sion that the homicide was an act of
Providence, and the defendant the
agent OF Providence in committing It.
There Is also some intimation that
questions as 10 Irresistible impulse
and emotional insanity may arise. In
view Of this outlining OF the defense
the following statemnt OF the law pro.
cured from Mr.. William L. Clark, the
author OF a number Of, works on Grim.
inal law, and reviewing editor of the
encyclopedia Of Law and Procedure"
known as scys.. viii be of interest.
Mr.. Clark says:
TO say that a nan is guilty of no
crime in New York II he kills another
while insane, although true as a gem
erai proposition, Is too indefinite. It
is necessary togo further and ascer-
tain what Is meant by the term insan,
ity. for 1t admits of degrees and up.
pears In various phases, and 1t is nee.
essary TO go further still and ascertain
what is meant by the term under the
laws OF New York, for the law of this
State on insanity as a defense differs
from the law in some of the other
states.
The Test OF insanity.
"nder the penal code of New York
tsections 20 and 81, as under the law
in an other States, a man is not re.
sponsiblt for a homicide committed
while insane II the insanity was such
that he did not know the nature and
suaiity Of his act, OF did not know That
IT was wrong. On the other hand, 10
exempt from responsibility in New
York, although 1t Is otherwise In Ala.
bama, New Hampshire, and some OF
the other States ne eye 1853; Fl eye
$500, the insanity must be such as to
have this effect. In this State, section
20 of the penal code declares that an
act done by q person who is an idiot.
imbecile. iunatic. or insane. is not a
crime. But section 81 expressly pro.
vides that a person is not excused
from criminal liability as an idiot.
imbecile, lunatic. Or insane persian ex.
cept upon proof that at the time OF
committing the alleged criminal act
he was ilaboring under such a defect of
reason as either ~ not to know the
nature and quality of the act ne was
doing. or ~ not to know that the act
was wrong, and section % provides
that a morbid propensity to commit
prohibited acts. existing in the mind
Of q person who is not shown to have
been incapable of knowing the wrong.
fitness Of such acts, forms on defense
to a prosecution therefor,
These provisions prescribe the
only test OF insanity as a defense in
criminal cases known to the law OF
New York. and, therefore, although a
man may be to some extent insane
when he Kills another, and although
medical experts may agree in SO tes-
Trying, he is nevertheless crimina1Iy
responsible II. Notwithstanding his
detective perverted mental condition,
he knew the nature and quality of his
act. and knew that 1t was wrong.
Whether he was insane to such an ex.
tent Is a question for the jury. The
defense must Introduce some evidence
Of insanity, but II 1t does, then the
jury, In order TO convict. must be con
yinced q his sanity beyond a reason
able doubt.
srnorder that. insanity may be sue.
eessfnliy SET mp as a defense in a pros
ecution for homicilc, 1T is not nee
essary that the defendant shall have
been totally insane. and on all sub.
jects. but %monomania, or an insane de,
lusion, may be sufficient TO exempt,
although on all other subjects the &C
cfsed may have been perfectly sane.