The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1914-06-12
TEXAS TO Put
STOP TO PLEA
OF INSANITY
Both Legal and Medical PrOfes.
sion Plan to Stop This Means
of Evading Law
GENERAL REVISION OF
STATES CODE SEEN
Under Present Laws Decision
Both of Jury and Commits
sion Is Necessary

FORT WORTH, Texas. June 12.--
1 With the legal and medical proGes.
sion both behind the movement. an
organized effort will be made at the
next session OF the Texas legislature
TO enact law to change the methods
OF handling insanity pleas in erimina.
cases and 70 provide a separate asyl
um for the criminal insane.
II Is aimed TO put check on the
use OF the insanity plea as a means
OF escaping punishment for crime. As
/ tn law now stands, man may De
sent to an insane asylum in Texas
/ only after he has been adjudged in
sane by jury OF eight physicians
Even though jury in the trial OF a
criminal case may have found him
insane, an additional insanity proceed
ing Is necessary 10 commit TO an
asylum.
| The move for a change in the Texas
law really started in Fort Worth when
! Claude McCaleb and j j. Hurley two
I tetfttg- attorneys here were appointed
I By District Judge MarYln Brown 10
! defend Rufus Hales, charged with the
killing of his wife. They pleaded mot
! guilty for their client and assured
the court that they had been unable
TO get anything out OF him 10 indicate
either guilt or innocence They de
clared that he was insane.
/ The jury disagreed and Hurley and
! McCaleb Immediately filed a hrnacy
tc6mplaint against their client In tire
| county. court and he was adjudged
| insane By a jury OF six physicians
| lie is still In the county Jail here
] there being no room for him in the
! state insane asylum.
| These two attorneys Went to work
TO secure reforms in the laws apply
| ing TO lunatic and drug fiends. They
proposed three new laWs--One making
the unlawful selling OF cocaine, NOR
| phine and other such drugs felony
| Instead OF a misdemeanor, one to pro-
vide a state asylum for criminal in
sane third to automatically send a
| man TO this asylum after acquittal oil
| felony charge on the ground OF In,
sanity.
They presented the matter TO the
State Medical association at Houston
and the association unanimously in
dorsed it, Ii will be presented TO the
| State Bar association az its next meet
ing The three district judges and TN"
| prosecuting attorney here have al
ready Endorsed IL, as have many of
1.-THE prominent members OF the local
| bar. -
! District Judge w. T. Simmons said:
"A Judge should have authority TO
send a man to an asylum whenever
he is held insane by a jury, with
provision that previous jeopardy
shall not attach in such a case. II
man is found to be insane at the time
OF his trial ne should be sent TO the
asylum instanter, but under such con
ditions that whenever he RECEIVERS his
reason ne could be brought back and
! tried again.
"If il is shown that man is in
sane at the time OF the commission
of a crime he necessarily must be
found not guilty. evep-though he
should become sane later. But there
are many cases where a man becomes
insane after the commission OF a
crime, and still more where they
feign insanity to avoid punishment.
In the latter cases there should be
provision for a trial whenever the
patient RECEIVERS or the fraud is dis
covered
District Judge Marvin II. Brown
said
Our criminal statutes are lO0
years behind the times on some sub
| iects. and this is one OF them. There
| ought to be provision for a plea OF
insanity. II the jury finds a man not
guilty on the ground that he is I'M
sane IL should say so; and in such a
case the Judge should have authority
| 10 send the prisoner at once TO any
asylum available. | believe that such
| a procedure would stop a whole lot
OF these insanity pleas. ! would
whole lot rather be In the peniten-
/ tiary than an insane asylum. and you
would too.
II would not favor anything like
the bill providing for a plea of guilty
bur insane such as was passed re-
Gently by the New York legislature
and / think that Gov Glynn did right
! I'm yetoing that bill ] would want
the Jury to pass on the question and
| then give the court authority to act
without further delay
District Judge James w Swfyne
| said
1T IS the law in many other states
and ought 20 be here. The procedure
under which man must be adJudged
insane in a separate proceeding. after
a Jury has already held him insane,
makes IL possible for some criminals
10 escape punishment altogether"
| John w Baskn. county attorney OF
Tarrant county. also favors the pro