Vaux.J ^^ [Jan. 7, 



very many causes, his brain is not in a healthy condition, is in fact dis- 

 eased, lie knows the circumstances by which he is surrounded, is per- 

 fectly able to attend to his own affairs, distinguishes right from wrong, 

 and yet by reason of an unhealthy brain, is abnormally swayed by pas- 

 sion, sentiment and emotion, and in a fit of anger, jealousy or revenge, 

 kills another. 



"When an expert, in answer to the question 



" ' Suppose a case to arise, in which the diseased condition of the brain 

 produces jealousy, anger, or revenge ; is that man insane?' vVnswered, 

 Yes. I then remarked : 'That is the sort of insanity the Supreme Court 

 declares shall make a man responsible.' 



"That opinion is yet entertained. If the expert had answered, 'Yes, it 

 satisfied that this diseased or unsound state of mind existed to such a de- 

 gree, that although he (the prisoner) could distinguish between right and 

 wrong, yet, with reference to the act in question, his reason, conscience 

 and judgment were so perverted as to render the commission of the act 

 in question a duty of overwhelming necessity,' we could then under- 

 stand the difference between an opinion based upon scientific metaphysics, 

 under cover of which every wicked man may be declared to be insane, 

 and a clear cut, well defined rule of law, which requires every man to be 

 a resijonsible agent, and adopts rules to test that responsibility, which 

 every one can understand and apply, and which will in practice rarely, 

 if ever, consign to the gallows a really insane man. 



"It is hardly probable in this enlightened age tliat one whose insanity 

 is difficult of detection, and whose case may therefore be real, as well as 

 mysterious, will ever be unjustly punished. When courts and juries 

 deal with cases of insanity, they can and should only be governed by 

 plain principles, readilj'' applicable to facts as proved, and not indulge in 

 impracticable theories, often subtle, and to the ordinary mind incompre- 

 hensible, which lead to the acquittal of the guilty, and to the final de- 

 struction of that security which society demands." 



It is fortunate for medical and legal science, that a check was imposed 

 on the vagaries of experts on mental disease. 



The Closest and best informed student of mental phenomena must know 

 that it is impossible to establish and formulate any certain rules to make 

 a reliable diagnosis as to special mental maladies. Abnormal mental con- 

 ditions develop themselves to the recognition of educated and experienced 

 observation. Inherited traits, latent physical causes, morbid moral alien- 

 ations may express themselves in forms which indicate the existence ot 

 some irrational mental conditions. In such cases the theorist accepts a 

 conclusion of insanity. But under which of the terms used to describe 

 this disease it can be classified, is only to be known by the results of 

 practical personal observation of those familiar from long experience 

 with the various characteristics of these maladies. A theoretic opin- 

 ion is of little value. Mental disturbance may exist, and become 

 apparent under certain forms, to the expert, when if by long and close ob- 



