Year: 1872

I Aue ueaL!y uIaulnpus practce Gt muTdeIerS


OF setting up the ples Of insanity in iustifca


ton of their crimes, and the alarming frequency


with which juries accept this plea and refuse tt


annex the death-pena1ty to their verdicts. o.


bring in yerdicts Of homicide, or acquit alto.


gether, have made this subject one Of pressing
| and even solemn moment. It has now come to


involve the protection OF society," for if this plea


can be successfully maintained in one case.


every murderer will avail himself Of it, and in


the confusion Of testimony Of experts, and in
| the equally confused effect such testimony pro-
duces on the minds Of c jury, the chances are
more than even that he will escape Alto
gether, OF with tri1ing punishment COM


pared with the enormity Of his crime.


and one which he is willing to endure after thu
satisfaction Of removing his opponent. It has
nov, therefore, become q matter Of very grave
| import exactly how far the testimony of experts


ia to be received, and how far jury is RESPONSE


bic for ita findings. There IL no use in conceal


ing the fact that By tar the larger share Of iury


men receive tho testimony of exports as con-


cuslve, and their verdict is, therefore, only tho


private opinion Of the majority Of the e1perts


who have been called as witnessea. In other
cases, where the testimony OF these experts has


been e]oudea with technicalities, the verdict Of q


jury ID just as lablo to bo based upon empiri


clsm ns upon an intelligent scientific
aspect Of the case, even where the Jurors are
above the average, and are supposed to apply the


testimony OF the experts to the case before them
with Judgment and common Bense.


This plea Of the murderer is beginning tn at.
tract very serious consideration in New York.
where it is most frequently urged, and promi-
nant member Of the New York Bar. Mr. r. q.
Guernsey, recently read paper upon the sub
joct before the Medico-Legal Society OF that |
city which ia to be made the subject Of discus
sion by tho Society. Mr. Guernsey's |
7lewa are peculiarly Interesting, as he !
goes over the whole grounds very
exhanstire1y. His paper is devoted mainly |
to an exposition Of the rights and duties OF ox-
pects and jurors in cases where the plea of in
sanity is set up, and be opens his paper With
an examination Of the ground taken by medical
men, that insanity is physical disease, and that
they alone are competent to decide upon its
presence or it's absence. In coming to q de-
cision upon this point, ho assumes the broad
ground that the opinion OF q witness is in no
case evidenceto be considered by Court or jury,
st except when the premises upon which he
founds his conclusion cannot be understood by
the Court or jury without study or knowledge
On the special subject, or without the aid Of the
knowledge Of persons whose skill is superior
to their OWL" This premise is necessary.
because tho evidence Of an expert is not fact.
but opinion. The opinion OF the expert On the
is his private Judgment under
oath' This kind Of testimony, Mr. Guernsey
Claims, must be received with great caution,
both from the crude shape in which it may come
before Court and jury, and from tho irnpossi-
oility Of throwing any guards about it, or Of SUBJ
ecting it to tho severe scrutiny which other
'lasses Of testimony hare to undergo. Should
he question Of sa1iiy orinsanitybe passed upon
by physicians? On this point. Mr..
Guernsey claims that tho only standard By which
his subject Gun BE- measured is the common