Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1908-10-09

had been acquitted under like circun0'
stances.
SuEterfuee for Lawyers
In this city I WAS connected in a
minor capacity with two early Impor-
tant cases of this kind, one of which
was the trial of Mcfarland for the
murder of Richardson, which cTBated
much attention at the time, and which
resulted quite improperly in MeFNar-
lands acquittal This term emotional
insanity as understood by the public,
is not recognized by self-respeGttng
alienists, because it iS difficult to INA
gine how man can be sane one mo-
ment, insane the nett and sane @ster
the commission of the, crime, as is Lsu-
ally alleged; and think 1t is the dis
position nowadays to. aonsider this de-
fense as the yeriest excuse for I'M
pulsive bad temper, cruelty and the
disposition 90 take Jiie law into one's
hands. AS has been said, 1T is term
invented by inscriptions lawyers to
afford the jury safe bridge Upon
which to pass from the disagreeable
| technical duty to the accomplishment
of their desires, when the accused
has killed some ore who, according to
the consensus of opinion, ougl,t to
have been killed.
1T is really legal compromise with
the truth. So-called emotional insan-
ity' has been one of the most frequent
devices selected to arouse false SYM
pathy with criminal violence. People
have been led to believe that there is
such a thing as sudden frenzy OF
passion, feeling which has led man
to shoot another suddenly, and which
absolves him from all responsibility.
That is one of the absurdities adopted
by certain desperate lawyers, who, in
the name of science, attempt to mysti
, fy hysterical juries. 1t is hard to con
ceive of any form of insanity which
has not been of regular development
although the manifestations which
, precede the explosion are sometimes
with difficulty recognized. In this
, connection | may refer to the danger
Gus precedent that has been recently
. adopted of letting the outraged wife o
r the defendant tell the story of he
wrongs with the idea of showing hoV
readily 1t might have infiamed an in
= jured man and produced an insanit,
!. which rendered him irresponsible.
q "One genuine case has been made t
!. do duty as basis for all the Others
q and this decision was utilized in tn
a Thaw case. The case to which refer
II ence is made is that of man VIII
g was really insane, and whose wifi
u within week of the time Of the se1
|. ual assault of which she was the viz
. tim, communicated the fact to hin
q when he took the law into his ow
IT hands and killed the paramour.
o was properly alleged that his act wa
o an insane one. That Is a very diffe
Is ent thing from the instances where II
N dividuals, after receiving such info
m nation. wait weeks and months, goin
1t about their business and holding o
,e binary relations with the woman, {
IS even indulging in litigation.
at cowardice of Murderers.
As "There is something rather interes
a. ing about the mental attitude OF 6
d. individual under such circumstanc,
as to his conception OF his soci
rs rights. ] have often noticed tn
of there is a singular lack of sincere
he Jury and consistency In the husband
hit motive for revenge, and there 10 ua
he ally a great deal more behind d
no facts as they first burst upon the col