Medical experts: Investigation of Insanity by JuriesThorne, W. S.
Science
Medical experts: Investigation of Insanity by Juries
Thorne, W. S.
Insanity (Law); Medical jurisprudence; Medicine -- California
victories over his enemies, of whom he had no lack. Although poor, he
would talk of investments in real estate, and foreign travel. He would
rise at midnight and order his attendant to take down the pictures from
the walls; insisted that his wife was tired of him and conspired with
others to poison him; call for his meals to be served in the street,
and would discharge his servant for imaginary insults or neglect. His
general conversation was always childish and often incoherent. His
faithful wife long struggled in her misfortune. At last, wan and pale,
this feeble woman, bleached with the vigil of ten long years, sought
relief from the burden she could no longer bear, at the hands of the
law. When, at at last, he threatened her with violence, and spurned her,
this wife, all trembling, and with many tears, prayed that, in charity
to both herself and him, this husband should be placed in an asylum, and
a commission was ordered to inquire into his mental state. During the
examination he was assisted by counsel. The medical witnesses thought
him insane, and the two physicians did sign, or were willing to sign,
the commitment. The judge did not make the order, for it was stated that
if made, a jury would be demanded. The wife had no means to defray such
expenses, with the certainty of final defeat. The man was discharged.
Section 1766 of the Civil Code was again an economy to the State. The
law had thrust a madman back upon that hearthstone, where death was soon
to lay its unwelcome tribute, and where the lament of a widow would soon
mingle with the wail of her posthumous babe. Mr. President, these are
facts. To some of you they are known. The man I speak of is a dangerous
lunatic, with whom neither you nor I would sleep beneath the same roof.
The law said to that poor wife, you shall take this madman back to your
hearth, or I will place you on the witness-stand; I will impugn your
motives; I will insinuate a diabolical conspiracy; I will hint at
poison; I will wring drops of agony from your pale brow; I will invade
the sacred precincts of your domestic temple with court and jury; I will
place your demented husband upon the witness-stand, that he may publicly
accuse you, under the solemnity of an oath, of conspiracy, of
infidelity, of debauchery, and the poisoned draught. All this will I do,
in order that the legal fraternity may thrive; that justice may be
defeated, and that the absurd and idiotic provisions of that crazy code,
number 1766, may be fulfilled.
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