The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-07-06
LEGALLY SANE,
SAYS DR.. s. W. SMITH
Shows Sense of Responsibility
but May Be Insane Medi-
cally.
DIFFERENCE POINTED OUT

Frank Holt. who shot J. r. Morgan,
is legally sane. though medically he
may be insane. in the opinion OF DR..
Samuel Wesley Smith Of ~ West
Twenty-seventh street. formerly State
COMMISSIONS TN Lunacy. Or. Smith
has not seen Holt. but, basing his judy
mcnt on the descriptions in the news
papers ard Hollis actions since the
crime. believes no court could ind him
irresponsible.
'In almost everything he has said
and one Holt has shown that he has
a sense Of responsibility" said Or.
Smith. ITO begin with. he says, ac-
cording to the newspaper reports. that
he intended only to frighten Mr.. Nor
gan, that he fired In the air. After the
shooting he expressed the hope that Mr..
Morgan was not wounded.
"A legally insane nan does not act
or talk In this way. He does not rea-
son. His conduct Is like that either
of a babe or a beast. A legally insane
man. forcing his way into another mans
house. "A revolver in each hand. would
have shot with intent to kill or wound.
Again, 1t is reported that before he
saw Mr.. Morgan Holt pressed one Of
his revolvers against the buffers
stomach. A crazy man would have pulled
the trigger. Furthermore. he has ex-
pressed regret for the shooting. All
these incidents indicate that he was
unauestionabiy responsible.
"A man who commits a wrong act.
knowing II is wrong. is legally sane,
else with the knowledge that he IL
acting unlawfully he would not commit
the act. At the same time he may be
medically insane. as Holt very possibly
II. Without having examined this
offender | shoul say hat he has shown
love OF notoriety. Doubtless he has
brooded over the war n has honestly
come to the conclusion that phases of
which he complained were actually
wrong and should be righted.
But l do not take seriously his plea
that he really considered himself an
instrument for the riGhting of wrong
In the d%isordered state Of his brain.
due to long and constant brooding, he
he was ordered by God to take drastic
action, but ! am inclined rather to con-
slider that story as evidence that he
feared punishment.
That suggests responsibility again.
and 1t is on that point that the question
OF his sanity. legally speaking, hinges.
] believe that when he TO trial the
court will take the position that he is
sane"
DIR. Smith Ia a strong advocate OF n
revision OF the system Of examining
into the sanity Of accused prisoners. He
said:
II annot but feel that the decency Of
my profession Is outraged by reason Of
the part which professional alienists
too often play when called upon In law
courts to decide the legal competency OF
individuals. Frequently the expressed
opinion Of these insanity experts given
In the courts OF this city has been of
such a character as to bring discredit
upon both themselves and the profession.
THE expression OF professional opin-
ion in the courts should be removed
entirely from a commercial basis. As
a remedy for the deplorable conditions
now existing | would suggest that In
all cases where insanity Is interposed As
"A defence or becomes the subject OF
judicial investigation the court appoint
two or more alienists to examine the de-
PENDANT separately N report to The
court Independently. A copy OF their
findings should also he furnished sepa-
rately to counsel for both sides. The
alienists should be subjected 10 a direct
examination and a cross-examination by
counsel for both sides.
Furthermore, for ny alienis, 10 be
so appointed by the court II should be
necessary that he register his name and
address In the County Clerks Office. ex-
pressing his willingness to testify when
called. His fees for so testifying should
be fixed by the court, removing the pos
sibility of his receiving financial offers
from either counsel"