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
"There may be cases of insanity, in which medical evidence as to
_physical_ symptoms is of the utmost consequence. But as to _moral
insanity_, I, for my own part, cannot admit that medical men have
at all more means of forming an opinion, in such a case, than are
possessed by gentlemen accustomed to the affairs of life, and
bringing to the subject a wide experience."
"The mere fact of the prisoner's going into the park, and raising
his hand against the Queen, is not to be taken as a proof of
insanity--particularly if we suppose that he is naturally reckless
of consequences. It is a mark, doubtless, of a mind devoid of right
judgment and of right feeling; but it would be a most dangerous
maxim, that the mere enormity of a crime should secure the
prisoner's acquittal, by being taken to establish his _insanity_.
Acts of wanton and dangerous mischief are often committed by
persons who _suppose_ that they have an adequate motive; but they
are sometimes done by those who have no adequate motive, and on
whom they can confer no advantage. A man may be charged with
slaying his father, his child, or his innocent wife, to whom he is
bound to afford protection and kindness; and it is most extravagant
to say that this man cannot be found guilty, because of the
enormity of his crime!"
The jury, thus charged with the principles of a humane and sound
jurisprudence, retired, and after three quarters of an hour's absence
returned with this special verdict: "We find the prisoner, Edward
Oxford, guilty of discharging the contents of two pistols; but whether
or not they were loaded with ball has not been satisfactorily proved
to us--_he being of unsound mind at the time_." In other words, "We
find that he did not fire a pistol loaded with ball because he was not
of sound mind!" They were sent back, with a mild intimation that they
had not sufficiently applied their minds to the true question--viz.,
Did the prisoner, ay or no, fire a pistol _loaded with ball_ at the
Queen? The foreman, "We cannot decide the point, because there is no
satisfactory evidence produced before us, to show that the pistols
were loaded with bullets." They retired, to return with a verdict of
"'Guilty,' or 'Not Guilty,' on the evidence." After an hour's absence
they finally brought back their verdict, "Guilty, he being at the time
insane!"
_Lord Denman._--"Do you acquit the prisoner, on the ground of
insanity?"
_Foreman of the Jury._--"Yes, my Lord; that is our intention."
_Lord Denman._--"Then the verdict will stand thus: 'Not Guilty, on
the ground of insanity.' The prisoner will be confined in strict
custody, as a matter of course."
"The prisoner," says Mr Townsend,[20] "walked briskly from the bar,
apparently glad that the tedious trial was over."
Public-domain text, read in full here on John Shaqi.
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