Arizona republican., 1915-12-17
Insanity II hearinqs

our law for determining the mental condition of one under sentence of death should be changed. The useIessness the weakness of it has just been illustrated in the proceedings at Florence Two men were under examination, of whom was genuinely suspected being insane and in whose family, we informed, there was an in sanity history Yet, a jury found him sane. In the other case heard before another jury the following day, the subject was popularly believed be only conveniently insane.
 We cannot say that the finding of the jury in either case wrong but if it was right, that was result of accident rather than of he ac- culate operation of the mental processes of the jurymen
 It is preposterous to say that any twelve men, is any average twelve qualified to pass upon question of insanity. The members of the jury are apt. they required to know nothing of the person under investigation They have nothing before them except the testi- mony of two classes of witnesses. One so-ca!led expert class and others who may have had the subject under some degree of observation.
 The latter class of witnesses in the Faltin hearing was of two kinds who did Faltin executed whether sane and who knew that only a verdict of could him. The kind of witnesses consisted of those believed that the insanity proceedings had been instituted only last measure to thwart the law the first class of witnesses. especially when they called where it is the interests of side secure verdict of insanity, and the other prevent the finding of such verdict. their testimony is almost valueess In the Thaw case many eminent alienists under the pay of Thaw estate swore the murder trial that Thtw Many just eminent alienists under the pay of the state of New York swore that the defendant was sane. We have no doubt that if the last set of witnesses had been retained in favor Thaw. they would believed him be insane that if the alienists for Thaw had been retained by the state they would have that the defendant
 Sc in the Faltin case if the friends of Faltin had had the money they coull have secured the presence of a thousand experts to testify to his insanity while the office of the attorney general could have brought thousand prove that Faltin
 This is common, and has to be the almost universal attitude of expert witnesses. in not only insanity but in all cases where ex- pert testimony is called. The expert witness has to regard himself as legitimately bound to support the side whose interest he is summoned as is the attorney on the same side; he is part the machinery the defense or the prosecu- tion the be- and a part the machinery of justice.
 With such testimony before them jur,men are well qualified to upon the mental condition a subject they would to settle a contro- versy concerning the Fourth Dimension. Any con clusion they might reach must be purely acci- dental They could reach quicker and at less expense by tossing a coin.
 A better way in of suspicion of insanity would be to bring the matter before court who should appoint commission Of qualified physi- clans other persons who recognized as ex- perts, to examine the subject. Such experts would have interest only in reaching a Just dcis!on They would he under obligations only to their con- sciences and the court