Year: 1870

insanity rs n defence Tor crime, IN the
IIoswel case at Augusta, will probably
prevcn. the successful introduction into
Maine of the Sickles dodge 10 escape
punishment for an offence against the
laws OF the State. Judge Walton, in his
charge to the Jury, spoke thus OF the
plca;-


The expert testimony upon the point
of insanity, has all been withheld. In
my judgement it was an act of wisdom
so to do for of al kinds of evidence,
what is called expert testimony, is in my
judgement. the most unreliable. Aud
especially is this true of the testimony Of
ordinary physicians upon the subject of
insanity Any man Of good judgment is
as we'll qualified 10 determine whether a
person charged with crime. is OF is not
criminally responsible, as physician.
who has not made mental diseases u
special study.


Besides. the insanity of the medical
profession is not the same in all cases as
the insanity OF the legal profession. The
medical profession have in their vocabu-
larry several species OF insanity, which are
so like depravity that there arc no reliable
tests by which the one can be distinguish
ell from the other. They have homicidal
mania, used To screen murdercrs-'
klcptomania, used TO screen pillcrels such
as have an uncomfortable impulse to ap
propria,e to themselves the property of
others.


1t was said by IN eminent English
Judge that when these irresistible i'm.
pulses are pleaded rs defence for crime.
the answer ought To be that the law con.
taius an impulse equally irresistible to
punish them.


But Of all modern inventions. that
which is best calculated To shelter all
classes of criminals, i the mama trans.
ilgria, or. rs il is commonly called, in
Simultaneous insanity. 1t requires no
previous preparation. a man can arm
himself, sccl, his enemy, level his loaded
pistol at him, and ut the moment OF pull
inr The trigger be seized with Il sudden
fit OF insanity, become for moment Ut
tcrly irresponsible Tor his All, and during
that moment Of insanity shoot his enemy
through the heart, and become instantly
sane again. lfcalled on To answer rs =
criminal. he pleads his insanity, and it
they attempt to put him into the insane
asylum. he tells you That this kind OF in
sanity, like the measles and small pON,
never attacks man but once, and there
will be no danger OF his killing another
man, in such Il state oi uncon,ciousucss.
He lhus escapes both the penitcntiary and
the insane asylum. it was upon this
ground that the prisoner was acquitted in
one of The eases that has been read 10
YOU. 1t is known rs the Cole lliSCock
case. This jury came into court, and the
foreman stated they found the prisoner
10 have been sane at the moment before
and the moment after the killing; hut
they were in douht Is 10 his sanity ON the
instant OF the homicide


The Judge charged the jury that they
must give the prisoner the benefit oil the
doubt and they lhcrcupon acquitted him. .


The Judge here referred to scverIl
other eases where the same defence had
been set up, and then proceeded


ITO allow all these species OF insanity
to constitute valid excuse for Chine
would paralyzc the arm OF Justice. The
law against crime would still exist, but
there would be no persons against whom
il could be enforced. Under such Il state
of things those now known as criminals
would be regarded as lunatics. The
distinction between insanity and crime
would be oblilcratcd, for between these
species OF insanity and crime, there are
no reliable tests.


Every man is presumed to be sane,
and to possess sufficient degree OF rca-
son to be responsible Tor his acts, unless
the contrary is proved; and to establish
defence on the ground of insanity, the
burden is on the defendant, To prove by
preponderancc of evidence, that at the
time of committing the act he was labor
ing under such defect OF reason IRON
disease of the mind. as not to know Tie
nature and quality of the act he was do
ing; or, il he did know it, that he did not
know that he was doing wrong. Partial
insanity, if not to the extent here indI'
Gated. will not excuse criminal act 10
hold otherwise, would paralyze the arm
OF Justice, and deprive society of that pro-
lection which il is the object of all Grim
inal law to secure.


If the courts should adoupt these vari
Gus shades of insanity OF the medical pro-
tcssion. which have described 10 YOU,
and should hold that man could brood
over Il suspected injury, and then avenge
it, or could be seized at the very moment
of the act of violence, with insanity, and
accomplish the very purpose which sane
man in a fit of passion would seek TO ac-
complish, and yet be excused; il, | say,
we hold that that is insanity, then in the
name OF common sense, ask you, what
is crime? How can you distinguish such
eases from criminal acts?


Ordinarily this is the very evidence in