Year: 1873




port upon it to the cou,: by which the
case is to be tried.


Resolred, That, by the. appointment
Of such scientific ct mmissions, the
suomoning chemical and medical wit
nesses, in criminal trials, might be dis
pc isel with TO advantage.


Resolced, That the same recommen.
dation applies also to cases of accusa-
ton of surgical or medical mal-prac'
tice.


Resolced, That the State Associa-
tions be requested to bring this matter
at an early date, before their respective
legislatures.


The recommendations here made
are so obviously in the interests of jus
tice, and so well calculated to relieve
the profession in general, from an un-
pleasant duty, and much unjust criti-
cism, that we hope to see the matter
taken up by our committee on legisla-
ton and urged upon the attention of
our next legislature The most un-
sparing criticisms are mcted out to us
almost daily, by the public aud the
press, growing out of our relations
with courts of justice.


Especially is this true as regards the
jurisprudence of Insanity, particularly
that form of insanity, so called. known
as "impulsive' or "moraP' mania. The
plea of insanity put in by the counsel
of the accused in cases of homicide,
where little hope can be entertained of
clearing the accused on any other plea,
is mauiiestly SO many times a mere
ruse that the public have well nigh
lost all patience, and are fast coming to
look upon the trial of such cases as
little else than mockery. OF course
pleas of insanity amount to little If not
supported by the testimony of physi-
clans. But it happens that within the
last twenty years, under the teachings
of Dr. Ray, medical men have come to
see, or think they see, insanity where
formerly depravity only was recog-
nised. That DIR. Ray is an acute OBJ
server, a clear thinker, q vigorous
writer, and an audacious critic, no one
can doubt. The bold attacks which
for years he has been making upon the
laws OF the country and the decisions
of courts respecting the responsibility
Of parties alledged to have acted under
an insane impulse, we believe has had
much to do in creating and fostering
that sentiment somewhat prevalent in
our day, that all our actions are but the
results Of our physical organizations,
and therefore have little, if any moral
quality in them. Right or wrong in this
theory OF responsibility it is clear
enough that the profession of to-day as
q whole, is with him, and it is equally
clear that the courts and public opin-
ion are against him. We are not going
into any remarks ON the merits of the
issue, and allude to it only because it
furnishes the occasion of much criti-
cism and ridicule of medical men,
Granting, however, that DIR. Ray and
his adherents are right, 1t is certainly
a matter of grave doubt whether the
interests of society do not require that
this class of criminals be held to strict
at least until 1t is no
longer mooted question. 1t is the
dictate of reason that civil ability and
responsibility should go hand in hand.


With examples before US like those
of Sickles, Mcfarland, Cole, and 9TH
ers, however. strong may be the con-
viction of doctors that these men ac-
ted nudas a.. .isssssA ssssasslss- aud -4IaaSe-
fore not responsible, none but senti-
mentalist is likely to share this opin-
ion with them. For as recent Eng
lish writer has forcibly said :"We can
not get ordinary, common sense people
to believe that every man steals just
because he cannot help it, and that vir-
tue is just as much necessity of some
organisms as the expiration of hydro
gen is Of others. No! Common
sense people are pig-headed, and think
that il an ordinary man kicks you, and
you thrash him in consequence, and
give him to understand that the next
time he raises his foot with similar
intention you will repeat the chastise-
ment-those pig-headed, common
sense folks have an idea that in most
cases the individuals organism will
not force him to raise his foot again"


Since, then, this controversy is not
likely to have an end very soon, we
would most gladly see some plan de-
vised by which the credit of the med
ical profession would be maintained,
and we believe that the foregoing rec
concentrations Of the American Med
icai Association, if carried into effect,
would go far in this direction. We
may hope that astrological researches
now so earnestly prosecuted, will yet
throw light on this dark and difficult
subject. and that the lines between re-
sponsibility and responsibility will be
more clearly drawn, and our laws ad-
justed to them.


Before leaving the subject, if it is not
too great depression, we would re-
mark that when the record of respon-
sibility is fully made up the hewspa-
pers of the country will come in for no
inconsiderable part of it. We recog-
nize in the press of the country beyond
all comparison the most potent agency
for good that exists. 1t is not extrav-
agant to expect that christianity and
civil liberty, commerce and good gov
ernment throughout the world are to
be advanced i'm the immediate future
as never before, and this mainly thro'
the power of the press. That an agen-
cy so powerful for good should be
capable of working evil when not WISE
ly managed is not strange. The at
tempt to make newspaper highly
popular by publishing the freshest and
most exciting news without reference
to its ultimate effect upon weak-mind-
ed persons will always work mischief.
We know it is held by many that the
true idea of journalism is to make it a
faithful reflector of the actual state OF
society, whatever that may be; that
the world is the field from which the
journalist is to gather whatever of fruit
is to be found, sweet or bitter, noxious
or healthy, and lay il before his read
ers. We stop not to controvert this
theory, but simply call attention to the
fact that there is large class of per-
sons about cities and large towns
whose only reading is the newspaper
and who have little appetite for any.
thing else than is furnished in the pro-
ceedings of criminal courts, or ex'
citing stories of adultery, rape, arson
and murder. The instinct of imitation
which forms 80 large an element in ouI
nature, and which is one of the main
springs of morality and worldly pros
perity, is acted upon by these mental
stimulants and out of it comes all man
ner of crimes. The weak-minded
dwell upon the exciting details until il
is more in consonance with their feel.
inus tn rannat tho act than To raDress