The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-01-08
JUDGE W. Fl. MANN.
Chairman OF senate Caucus.
j. w. WILLIAMS,
clerk of the House.

Chairman OF senate Caucus.
j. w. WILLIAMS,
clerk of the House.
s271.24 for the schools, and nothing
awhy is 1t rnilroad property is worth
$4,000 per mile when 1t II n qucs-
ton Of cxacting tolls from the peo-
n question Of paying taxes to the pco-
II said awhile ago that q legisla-
ture might be compared to the ooard
a legislature is much more than that,
because 1t must concern itself with
public morals, because IT must pro-
vide for the performance MAJ so OF Eerl bnl
1nanity. It must organize the divine
quality. Of compassion into systematic
and efficient activity: The Common.
pr saith for iro the care s 81 the insane the
masa ssen hase care care the moral
bpqnIsss I the hs pst bo Snsfa
duty to make punishment an aid to re-
| generationsrath than an opportunity
for moral and physical Up! pol ay on.
atate complaining. Of, the inhumans
aimshouses. II IS our duty to listen
TO these voices, to investigate and 70
L Il
The Unwrittcn Law.
"CertaIn recent events have disclosed
a lamentable defect in the law OF hon.
icide.
"Thc nnwrittcu law threatens to set +
at paught the written law 80 far us It
| projects the life Of the citizcna.
THE unwritten law proper is not
defense of insanity but OF sanity.
juries will not convict husband, faith
! er or brother for avenging an out
rage upon a wife. daughter or sister.
It is based upon the feeling that there
outrageous that the Injured man IS
justified In taking the life OF the Of
fender. The slayer is excused not be-
cause his reason was onscu cured by AN any
he was doing and did rightly. This
is the true unwritten law, and however
much 1t may be deplored 1t has found
a tenacious Judgment in the hinds;
! the lawyers for the defense have
\ thought 1t necessary to set up In such
| cases the legal fiction OF insanity. or
the fiction of legal insanity. because
| no such insanity exists except in the
testimony OF experts and the argu-
ceives neither the Judge. the jury, the
| counsel nor the bystanders. The trial Is
a more or less solemn farce, cnRcted
u
with the Judge. the Jury, the prisoner.
4 the witnesses and the lawyers the
dramntis personne and the en- ger pubs
the Sbo Ga'enes ONLY gs the ot Gsoa ~
the drama and the elemental human
passion with which it deals, prevents IT
being ridiculous.
Grossly Unjust.
.sThe development Of the fiction of
legal Insanity, II may be permit, ted
to use the phrase. he's resulted In a
strained and grossly unjust law, Of evi-
} dence applies BILE to such cases,
J, dition Of the accused at the time, Of The
; killing Is the sole question the defense
need only prove ayerbal g communists III teae
tt9n s f. tss assu1ss may q argus
or emotional insanity resulting there
from The accustd htms elf need only
) him bySJnhrl Doe or Richard Roe. The
fact and the details Of this communi ca-
tion being thus before the Jury the
State refuses to allow the prosecuti N
to inquire whe Their the, facts stated in
such, communication are true Or that
such communication W. was mace n hn., q
there ia OF truth. the stronger the de-
Tense OF insanity.
80 the lawn th,s state I, na a., com 2
other who is perfectly. innocent of any
otfense and then Justify on the ground
tldt some one tLOlO MIN at',H' WIS W
tim had committed an 5offense. He
might act In a manner SO Sreckf es- that
In a civil matter,,t would be ncg'ii-
! gence and entitle the injured party to
recklessness Nntltles him 70 go acquit
Fl 1dae hG %nt re fakss 1mRsef
! the. smallest cb''gation1to a9certain the
] facts He Is. quite assmuch justified In
killing the 'n"orent az tho guilty,
: 49,, lntolcrahlc Condition.
"WhNt sec n,n to mo to he sintnIerHbIe
condition enxues rs the loEic-l srcsult
!. 81 this theory OF the unwrltten law
4 The defense is allowed to prove any
statement made to the accused lncrim.
mating the dead man, the more vile
4 the accusation the better It Is for the
I defense, but neither the prosecution
nor the friends and relatives OF the
|, murdered man are allowed to prove
that these charges are false, g
fsT'he dead ran Is thus twice tried
aud condemned nnhcnrd-once by hi,
slayer, who rObs him or his physical
life. and again by the law, witch q a.
lnits the accusation OF his turDttu{lt
but refuses to hear the DrOof ar III,
Innocence, and thus robs him 81 Iii.
reputation. ~ !, -
AS a Virsinian I sincerely hope thai
E the law committees will consider how
Il | this reproachs may he removed from
y our jurisprudence, 4
T. II do not know whether I am In TIRE
X line of precedent III venturinp thesF
suggestions, butnt any rate these a ~
matters whica ere worthy OF consid,
D 4 era tom 556}i F73ja9s