The daily democrat. [volume] (Anadarko, Oklahoma) 190?-1908, 1908-10-14

had been acquitted under like circum.
| stances.
Subterfuge for Lawyers.
In this city | 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 created
much attention at the time. and which
resulted quite Improperly in McFar-
lands acquittal The term emotional
insanity as understood by the public.
Is not recognized by selfrespecting
alienists. because 1t is difficult to lima.
glne how a man can be sane one mo-
ment, insane the next and sane after
the commission of the crime, as is usu-
ally alleged and | think II is the dis.
position nowadays to consider this de
Tense as the veriest excuse for i'm.
pulsive bad temper cruelty and the
disposition to take the law into ones
hands. As has been said. It is a 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 one who, according to
the consensus of opinion. ought 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 thing as sudden frenzy of
passion, a feeling which has led a 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 10 mysti.
fy hysterical juries. II is hard to con.
celye 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 of
the defendant tell the story OF her
wrongs with the idea OF showing how
readily 1t might have inflamed an In.
jured man and produced an insanity
which rendered him irresponsible
One genuine case has been made to
do duty as basis for all the others,
and this decision was utilized in the
Thaw case. The case To which refer.
ence is made Is that OF man who
was really insane and whose wife
within week OF the time of the sex.
ual assault of which she was the vic.
tim. communicated the fact TO him,
when he took the law into his own
hands and killed the paramour. II
was properly alleged that his act was
an insane one. That Is very differ.
ent thing from the instances where In.
divlduals. after receiving such infor.
nation, wait weeks and months, going
about their business and holding or
dinary relations with the woman. or
even indulging In litigation.
cowsrdiee OF Murdersrs.
There is something rather interest.
ing about the mental attitude OF an
individual under such circumstances
as to his conception OF his social
rights. have often noticed that
there is a singular lack of sincere in
jury and consistency in the husbands
motive for revenge. and there is usu.
ally great deal more behind the
facts as they first burst upon the com.