The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1915-10-27

Certainly, IL he is thoroughly sane
and coherent in his replies, he is adj
judged sound of mind and let go; or
If he is fortunate enough to have
either money or stout. intelligent
friends, or both, he can hire first
class counsel and get time sufficient
to receive more than full measure
of justice.
The trouble is. many a man or
woman facing the majesty of the
law on the charge of lunacy, has
much less than nothing to prevent
him or her from being dragooned to
the lunatic asylum. So many friends
and relatives have strong desire
or interest to see the defendant re-
moved from the heart of sane socie-
ty.
To come back to the courtroom.
Here is the defendant, apparently So
Der, but with a mind still clouded
from yesterdays solid boozing. or
under the influence of some narcot-
ic, or an epileptic, or suffering from
delirium of fever, or a naturally
stupid number.
The law does not require a medi-
cal examination. Most likely, the
plaintiff does know that the de-
PENDANTS funny behavior is due to
causes having nothing in common
with lunacy, but he harbors desire
and interest to see his victim hust-
led off to State-supported home.
The tried man. Everything but lu-
matte. can not make favorable inn
preston upon the twelve men in the
jury box, who get all the evidence
from the lying plaintiff, and who are
directed by the wisdom of the law to
decide the case ON hand according
to the evidence placed before them
right then and there. Nothing sug-
gests or bids to, get evidence from
any other source. OF course, there
is the young, judgs-appointed attor-
ney to stand between the accused
and the States straight-jack But
how much will the breath of an un-
fed lawyer do for stupid, sullen,
dazed client. minus time, knowledge
and incentive to prepare the case for
the charge gently forced upon him.
While things are horrible with the
defendant present at his trial. they
are unspeakable in his absence.
Taking advantage of the sixty
seventh chapter of Kentuckys Stat
utes of 1915. which renders the de-
PENDANTS presence in court unneces-
sary if two regular practicing ply
sicians" testify under oath that the
mental or physical condition of the
defendant precludes his being
brought to the court room, the
friends or relatives interested to
catch their victim in the State trap,
will make use of two dead sure
agencies.
First, they will hasten to over
take the courts officer carrying the
summons to the defendant The lat
ter must not know of the charge
against him He must be deprived
of the opportunity to come before
the jury II the officer seems to be
conscientious fellow, he is made to
believe that one of the friends is the
defendant he is looking for. But If
the officers palm is an itchy one, he
is Influenced" into the belief that
the defendant is a most violent ma
MAC, and that il would be safest TO
let his friends deliver the summons.
Second. they engage two regular
practicing physicians to go to the
house of the defendant and observe
his funny" ways. Let MS grant
that these doctors are honest men.
as this world goes. But while they
are making their clumsy. irritating,
unscientiflc observations on an irri-
table, explosive subject, they are do
ing so. not only with minds cram
med full OF prejudice. but knowing
as much of psychiatry as Russian
cossack knows of John Stuart Mills
Political Economy.
The defendant does not appear in
court at all. While he goes about
his business, suspecting nothing at
all OF the fateful. black cloud that
will soon burst over his unprotected
head. the present. plaintiffs two
regular praeticing physicians" with
their hands raised to an innocent
heaven. swear to packed court
room ito state the truth. nothing ]