The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-08-23

potH reached the view of Abraham
Lincoln that two diverse races cannot
live on the same soil upon terms of
political equality.
TIE DEFENCE OF INSANITY.
IS Aluch4is being said these days about
the popular dissatisfaction with the
Avs delays and loopholes. This feel.
ing Is likely to receive added Impulse
Il the defence of insanity is nut in
Tor Gallagher when he comes to trial
Tor the assault upon Mayor CAV
nor. The prisoners attorney ha.
already intimated that he may
avail himself of this plea in behalf
of his client, and the presumption IL
strong that he Will do So
No technicality by which the law
may be evaded is more notorious than
that of insanity in murder trials. The
Thaw case developed clearly the en-
pansive character OF tho defence. anS
to many 1t was ridiculous travesty
upon justice. New York has stood out
prominently as the community In
which this plea has been entrencheds
| The question OF the validity of the
defence has received much attention
from lawyers and law-wrlters. Per-
haps the strongest word that has been
said against the plea OF insanity. in
| its recent phase has been said by
John Brooks Leavitt, chairman OF the
Committee on Commitment and Dis
charge OF the Criminal Insane, Of the
1 New York State Bar association, in
the latest, Issue of the publication of
\ the American Academy of Political
I and Social Science. Referring to the
a plea OF insanity. Mr.. Leavitt declares:
The state, having thus pro-
lI5vided this avenue Of ESCAPE.
the lawyers and doctors havs
n been astute to dovise a plan by which
eyil-doers travel over 1t. The theory
4 OF temporary insanity, its latest de-
. velopment being called braln-s.orm,
WIS invented. All the odd things or
: foolish things which the accused has
4. done in his life time-and who can
d truly say that he has always spoken
u or acted wiselyg--arc gathered to.
4 gether and framed into an hypothet,-
cal question by some shrewd mind
skilled in the art of peryersion. Ther
Y experts are sought who, In considera.
4 ton of SO much cash, are willing tt
testify that in their opinion, the per
>l2son who said or did such things wa!
j Insane. The .amount5of ssh to the&ex
(, pert Is in inverse ratio to the amour
q Tot insanity In the offender. 1t Is /,
iIsremarkable instance of Providenc
!. tempering the wind to the shorn latnl
!. that tho poor do not seem to be sub
IS tjcct5 to brain-storms. Their insanit.
y is Of "a kind which costs little t
i prove. The brain-storm brand is onl
g ! for tho rich. 1t Is so deyilish in It
! cleverness that 1t goes far to- upse
a the proposition that there is no Sue
I person. as the devil. AS legal nc
. tons have been Invented by LAWYERS
i. otsthe doctors have created u smedica
fictioni to enable wealthy criminals t
cheat the LAW. There Is now living
9 oSAan rich man., who in early If
q committed a murder, escaped the pen
: atty of his crime by aid of medica
. fiction OF insanity and hftorward dis
81 proved the truth Of his experts by
: successful career In two distinct Inc
+. Of professional endcnyor.' si ST
= Following up this statement, MI
= Lcavitt comments on the fact that TIL
sort of Insanity established In. thes
nj cases must be Of N temporary nature
ID The requirements of tho Law are tina
2 the accused must have been insan
\ when he committed the deed, that Ii
~ must he sane enough to be tried, an
eel that he must be sane to be release
Il; after he has been adJudged insane h
WI tho q Il. elf a ~,