Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850Various
General
Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850
Various
England -- Periodicals; Scotland -- Periodicals
And, with this terse summary of the proved facts before our eyes, we
ask a question of our own: What overwhelming evidence of insanity would
not an intelligent and honest juryman require, to refer such a case to
the category of criminal irresponsibility?
Sir Thomas Wilde vigorously and contemptuously crushed under foot the
mischievous sophistries of the medical evidence.
"If eccentric acts were proof of insanity, many persons who
were wrenching knockers off doors, knocking down watchmen, and
committing similar freaks, _were laying up a stock of excuses for
the commission of crimes_!"
"The trick of laughing suddenly, without cause, was so common, that
if this were token of imbecility the lunatic asylum would overflow
with gigglers!"
"The prisoner had all along displayed a morbid desire to be talked
about; and the letters and documents produced had been written with
that feeling and object. A criminal should not be permitted to
write out for himself a certificate of lunacy!"
"Was his making no attempt to escape, a proof of an unsound mind?
If he _had_ made such an attempt, it would have been a great proof
of madness! He was surrounded on all sides by the multitude. He
took such a reasonable view of his situation, as to see that he had
no chance of escape, and gave himself up quietly!"
"The prisoner had been allowed the unrestrained use of firearms and
powder, and was well acquainted with their fatal effects on human
life. Would his mother have _trusted a madman with them_? and left
her mad son in the same house with her daughter?"
"The medical men went to Newgate _pre-disposed and pre-determined
to see a madman_."
"Suppose the prisoner unfeeling, violent, indifferent to his
own fate, and preferring notoriety to any other consideration:
what evidence did that supply of his being in a state of moral
irresponsibility?--that moral irresponsibility which secured the
very existence of society."
All this surely sounds like an irresistible appeal to good sense.
Lord Denman directed the jury with corresponding clearness and
decision, and also in full conformity with the views of the
Solicitor-general, and with the subsequent annunciation of the law by
the judges.[19]
"If you think the prisoner was, _at the time_, labouring under any
delusion which prevented him from judging of the effects of the act
he had committed, you cannot find him guilty. He might, perhaps,
have been labouring under a delusion affecting _every_ part of his
conduct, and not directed to one object alone: if that were so at
the time of his firing, he could not be held accountable for it.
But if, though labouring under a delusion, he fired the loaded
pistols at the Queen, knowing the possible result--though forced
to the act by his morbid love of notoriety--he is responsible, and
liable to punishment."
Public-domain text, read in full here on John Shaqi.
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