Rockingham post-dispatch. [volume] (Rockingham, N.C.) 1917-1965, 1920-01-01


books on the subject Of crime. And
as in this case, gentlemen, men will
differ in their Judgment and in tneil
opinion as to the degree and capacity
as to the intelligence that man may
possess, SO that the law, gentlemen
has laid down rule by which we are
to be guided. The law has fixed 6
standard of responsibility and the in.
quiry addressed to you, is whether OF
not this defendant falls on the side Of
sanity or insanity.
We might compare the degrees oil
intelligence to a thermometer. Some
men possess, according to the grad.
ing, 1000; others 500 and others
75%; some lower than 500; some are
idiots, lunatics-non compos mentes
Now the question is: Where is the
standard? How much intelligence
must he have to make him amenable
to the criminal law and subject him
to trial?
The Supreme Court of our State
has said: A man who understands
the difference between right and
wrong and who is able to comprehend
the criminal character of his conduct
is responsible for his acts. cannot
conceive, gentlemen, that there is any
difference or any distinction between
the degree of intelligence which rem
ders one liable for his conduct, and
that which would render him subject
to Indictment, because if a man be re-
sponsible for his act, the same degree
of intelligence which makes him so,
would render him liable to indictment
and the law would say that he has
sufficient capacity to be responsible
and therefore has sufficient capacity
to be tried for an alleged offense
against the criminal law. So that,
gentlemen, it comes down to the
question for you to say whether, under
this evidence, Foster L. Parsons at
the present time has sufficient mental
capacity to know the difference be-
tween right and wrong and to under
stand and comprehend the relation
that he bears to others and to ration
ally conduct his defense. 49,.
We may express it in many ways,
gentlemen, but in it's final analysis it
is a question Of good judgment and
common sense for you to say whether
or not the defendant has sufficient
reason, sufficient mental capacity, to
understand the relation that he owes
TO others and to comprehend the dii-
ference between good and evil.
I Now, gentlemen, we start out with
the proposition that the law presumes
this man is sane and the burden is on
him to satisfy you of his insanity be-
fore you can return a verdict in his
favor. He is not required, however, to
prove his insanity to you beyond a
reasonable doubt, nor by the greater
weight of the evidence, but the guam
tum Of proof is that which satisfies
you. Assuming that burden, he has
offered evidence tending to show that
he is a young man twenty-three years
Of age. That prior to several years
ago, or short time ago, he lived with
his parents and worked upon the
farm; that when he was child of
about eight months old, he received a
fall that caused him to become uncon-
scious for some time. That later on,
in the year 1917, team Of mules ran
away with him, threw him out Of the
wagon and caused his head to strike
the ground, rendering him unconscious
for some time. That on another occa-
sion team of mules ran with him
and he was thrown out and injured
about the hips and legs, as | remem-
Der the testimony. You will not take
my recollection of the testimony,
however, but your own. He has fur
Their offered evidence tending to show
that in his family on his mothers side
and on his fathers side, there has
been some mental weakness. There is
also evidence tending to show that he
is a man Of weak mind. Physicians
have testified that in their opinion he
is afflicted with what they call de-
mentia praecox. DR.. Hall and DR.. An
derson gave it as their opinion that he
is insane. The State calls your atten-
ton to the fact that that is opinion
evidence, and that you, gentlemen, are
to find the facts; not merely express
an opinion, but the question is sub
mitted to you to find as fact, wheth-
err he is sane or insane, and you gen
tlemen, will consider the evidence and
render a verdict which means .
speaking of the truth.
There is further evidence tending to
show, gentlemen, that this defendant
has been engaged in business for him
self for some time; that during that
time he has made certain trades,
which counsel for defendant contend
indicate poor judgment on his part.
There is further evidence tending to
show, gentlemen, that after the de-
PENDANT was arrested and put in Jail;
and after he had been cautioned not to
talk about the charge made against
him, that he freely discussed the par