Evening star., 1928-04-01
Acquitted as Insane and Freed.

A decided reaction against the in
sanity plea as defense In capital cases
has been caused during recent years in
this country by acquittals that have
outraged the sense of justice Of the
people. In some cases the crimes have
been so fragrant and the escapes from
punishment so unwarranted that move
ments have been started to amend the
laws in the States to lessen the chances
of further evasions of penalty by those
who slay. Such case is that of
George .Remus. who was recently ac-
quilted in Cincinnati when tried for
the murder Of his wife last October. He
pleaded temporary maniacal insanity" "
and after month Of testimony and
argument, Remus acting as his own
chief counsel. the jury returned a YER
dict Of acquittal with only twenty min
utes Of deliberation. the finding de-
claring him insane. He was thereupon
in Probate Court formally adjudged
insane and committed to the State Hos
pital. A new hearing was denied him.
and he instituted action for a writ Of
habeas corpus. which was heard by the
State Court Of Appeals. On Friday that
court by vote of two to one. granted
the writ and ordered his release. But
in thus affirming the petitioners right
to 60 free, the two justices constituting
q majority Of the court severely scored
the verdict by which he had been ac-
Quilted. saying:
1t may be said that the verdict In
the trial ct Cincinnati. which verdict
acquitted the petitioner on the sole
ground Of insanity at the time he
committed the homicide. was a, mis-
carriage Of justice. We frankly say that
he committed the homicide as 1t was
shown to be at the time of the trial
before US, the verdict was q most fla
grant and reprehensible outrage Of ju-
dicial administration which cannot be
too strongly condemned.
Unfortunately this impeachment of
the verdict rendered In Cincinnati can
not be carried into effect. There can be
no review Of the case. no retrial when
once verdict Of acquittal is rendered.
A conviction can be set aside. but a
tury's announcement of innocence, on
whatever grounds. can never be nulli-
fied. Even though a person thus ac-
quilted should later confess to the
crime of which he has been once de-
clared TO be not guilty. he cannot be
q second time haled before the court
In accusation.
The Cincinnati trial showed the In
sanity defense in its worst aspect. The
prisoner. pleading that he had slain in
the stress Of mental unbalance and that
he was therefore not responsible for
his act. conducted his own case with a
remarkable shrewdness and skin.
though occasionally manifesting great
violence Of temper. which was the only
sign Of an irrational condition he be-
trayed. But rage. anger. fury may not
be classed as insanity with any degree
Of safety for the public security when
the insanity defense remains possible
as means Of thwarting justice.
Now. despite the condemnation Of
the State Court Of Appeals. which In
effect declares Remus guilty Of murder.
but as one now sane entitled TO COM
piete freedom. this wanton crime can
never be punished. and as long as the
laws stand as they do today, permit
ting this plea TO be entered. and hs
long as the practices remain as they
are. allowing appeals 70 the sentiment
talism and sympathies Of jurors on the
score OF sudden seizures of "tempera-
n1ent." these miscarriages OF justice viii
be repeated end the laws against murder
viii be nulIifiAd