The Express. — 1862-11-18 (London, England)

LAW OF LUNACY 111 CRIMINAL CASES.  " The report of an important medico-legal trial appeals at p. 550. The facts are briefly as follows :—Mr. M'Cree, a lieutenant in the Indian army, whilst returning home from India, made, during his voyage, without any apparent motive or appreciable provocation, a murderoos assault on the steward of the ship. Mr. M'Crea was immediately placed in irons, and continued so confined until the ship arrived in port. It was for this criminal assault Mr. M'Cree was tried at the Old Bailey on the 30th ultimo. Dr. Winslow was the only medical witness examined as to the prisoner's state of mind. "We especially refer to the facts et this ease in order to ahow, not only the enlightened advance made in our courts of law on questions involving the issue of insanity, but the marked respect and deference paid to the opinions of a class of scientific experts who have of late years, for no satisfactory ramie, been exposed to much unfair attack, and to great and undeserved odium. It will be perceived that whilst Dr. Winslow was giving his evidence as to the state of the prisoner's mind, and previously to his leaving the witness-box, the judge stopped the case, telling the jury that .if they were to acquit the prisoner on the ground of inmanity he would be consigned for life to • lunatic asylum. In order to avoid so fearful a contingency, the judge directed that the jury should convict the p_riaoner ' unlawfully wounding.' This they at once did. Without any further remark Mr. Baron Martin, recognising that the prisoner was no more responsible for his assault than a man would be if be refused to walk when in a state of paralysis—in other words, that his mind was, when he committed the crime, in • diseased state—immediately ordered that he should, after proper securities were given, be transferred to the care of his relations. All honour to the judge who has thus inaugurated so humane and philosophic a course of procedure. How monstrous, after acquitting • prisoner on the ground of insanity—in other words. after recognising him to be perfectly irresponsible and utterly incompetent, as the effect of diseased brain, to appreciate the nature of his action', or to control them—to consign him for the remainder of his life to confinement in a public lunatic asylum ! The law pronounces the prisoner Not guilty,' affirming that he is innocent of the charge alleged against hirn ; that the crime for which he is arraigned and tried has not bean committed ; and in the same breath subject. him to the severest punishment (apart from death on the scaffold) to which a human being can he exposed ! Yon are innocent, Merl the jury ; you Were insane when you perpetrated the act ; • diseased condition of the organ of thought had quite disabled you from exercising healthy power of self-control ; • fearful hallucination drove you to the commission of the crime alleged against you ; you ceased to be • responsible agent, and therefore we acquit you. The prisoner, congratulating himself uu his happy escape, is about to leave the dock anal agaiu breathe the free air of heaven, when the judge exclaims, ' Stop ! The jury, continues the judge, ' Nay you are not guilty, and I agree in this verdict. I have now my painful duty,to discharge. " Not guilty," I admit you to be ; nevertheless I am compelled by the law to consign you to Bethlem Hospital, and there you will have to remain the companion of raving and violent lunatics for the remainder of your life.' Can, we ask, such • state of the law be permitted to coutinue unaltered? Is it not monstrous that punishment of so severe a character can be inflicted one person pronounced innocent of the offence imputed to him ? We hail the humane and philosophic judgment of Mr. Baron Martin as the commencement of a new and bright era in the criminal jurisprudence of this country. Dr. Winslow has rendered • great service to humanity by his persevering labours in defenses of the helpless insane criminal."—TAt Lancet, Nov. 15.  SOUTH KissiNcrrow Mussuw.—During the week Baling Nov. 15, the visitors have been as follows :—Ora Monday, Tuesday, sod Setorday, free days, open frost 10 a.m. to 10 p.m., 14,231 ; ma Wednesday, Thursday, sad Friday, students,' days (admission to the public 6d.), open from 10 a.m. till 4 p.m., 2,136 ; 16,366. From the °partied of the museum, 3,584,134. Di Di