Year: 1861

Claw" is queer thing; were it not for the fact that there were so many exceedingly minute loop holes in it, we might gay, vulgarily speak ing, that it was " big thing" and from time inn memorial the saying has obtained that Law is risky, and lawyers mighty onsartin'." {

 Time was tho, in the good old days of yore, when criminals who were brought to the dock, their guilt proven, and their malicious purpose ascertained, were condignly punished, not with hastiness, not without careful investigation and nicely balancing probabilities but to plate their crimes, satisfy the just demands of the written law and protect the community from repetition of the same or other offences from the same per- sons, and as an example marked and pointed, for terror to others evil disposed.

 But now we have changed all this sort of thing, or the lawyers have. The Law still remains, the written code still appears, the legal punishment for every species of crime appears in the statutes and yet how few there are that suffer them.

 Crime is admitted, the purpose admitted, the Aher-concealment and atercunning shown, and shen-then what 7-the lawyer for the criminal claims that the criminal is not responsible!

 The commonest form of this sort of defence IS Insanity. A criminal is caught in the act of crime and handed over by the proper authorities for trial and punishment. There is nothing go- ing to show that there was any excuse or palIla- tion of the deed. It is plain as the noon-tlde sun. Evidence, the most conclusive, IS shown and admitted that the crime was committed, when in steps the criminal lawyer with very touching theory, with thousand suppositions, with host of doctors who testify in their usual lucid techni- caities, with cloud of witnesses who testify ot queer deeds acted and committed by the accused with affecting, fearful oftentimes, pleas to the jury,-and Insanity is established-in the minds of the counsel!

 Ifs person steals watch-or horse-or ten thousand dollars, or forges note, or commits murder-and the offence is proven and too plain to be denied-heis is per-force Insane. The great CT the crime the more evident the Insanity. It couldn't be possible that a person in his right mind could commit the crime-he has been queer or eccentric at times in his life, he has been sut- feet to fits or pains in the head now and then he has been under the care of physician since his confinement in jail for some disease of the body-why isn't he Insane?

 An but there must be something more than this to satisfy the minds of the "incorruptible lwelye." There must be something more than isolated instances, or medical quotations, or doct ors' argon to convince them of moral irresponsi- bilitY. A little grain of common sense must leaveu the large lump ofmysterious circumstan- oes and ex parte readings. Otherwise we might oil be consigned to the nad-house for thousand eccentricities which we, every one of us, doubt less commit, in the sight of our neighbors, every day.

 We do not make these remarks with reference to any particular which has lately been tried before our own Superior court Heaven forbid that we should have an inclination or a power to condemn to punishment any whom God may have put upon this most terrible and sorrowtul of His inscrutable visitations-but in reference to these numerous efforts which at every term of court oc cur to shield the guilty under this mournful sub terfnge, may we not enter our caveat against the false sympathes they engender?

 In short, isn't this " crazy dodgc' nearly play ed out?