Medical experts: Investigation of Insanity by Juries — John Shaqi
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
From the fantastic inconsistency of the foregoing decisions, a
disinterested person might be led to infer, that of all the _dramatis
personae_ of this legal farce, the chief actor is the least liable to the
imputation of insanity. It is instructive to remark that the learned
judges who presided, had all, either separately, or in connection with a
commission of lunacy, pronounced in favor of insanity--an opinion which
was fully concurred in by medical men. But the efforts of learned and
eloquent counsel, aided by public prejudice, mawkish sentiment, and the
ignoring by the jury of all the expert testimony, determined the verdict
as stated. I will not weary you with further details respecting jury
verdicts in questions of mental capacity. They are so thoroughly
farcical, that our judges do not hesitate to advise the friends to drop
all proceedings when a jury is demanded. I will illustrate the statement
by a few examples. It had long been apparent to the friends of D. V.
that his mind was unsound. Some time since he became violent,
loquacious, and obscenely _erotic_. He declared he was in frequent
correspondence with the Emperor of Germany and his First Chancellor;
that he owned large and valuable properties in this city, in which it
was known that he had not the remotest interest; that he was the most
extraordinary intellect the world had ever produced; that he represented
in his own person, several different individuals, and other like
absurdities. He was finally arrested for indecent exposure of person and
taken to the County Jail. Whilst confined in this place, his wild
incoherence and absurd statements convinced the most inexperienced
observers that he was laboring under marked aberration of mind. A
commission of lunacy was finally ordered, and the expediency of placing
him in an asylum was unanimously determined. The patient disagreed with
this decision, and demanded an examination before a jury. A jury was not
impaneled; the necessity was kindly obviated by a friend of the accused,
a lumber dealer, who gratuitously informed the Judge that the man was
not insane, because, forsooth, he could play a better game at cards than
himself. It was not deemed necessary to further invoke the popular
wisdom in this case, and the man was discharged. Ten years ago J. T., a
wholesale merchant, was attacked with a nervous disorder which his
physicians pronounced _spinal sclerosis_. Epileptic seizures came on
subsequently. His mental powers became manifestly impaired, and he was
ordered to the country. He became a patient of mine, and I attended him
for several years. He would have attacks of a week's duration, during
which he would never sleep. These attacks were accompanied by frequent
epileptic fits and _clonic_ convulsion of certain muscles. The condition
of his mind at such times was wild in the extreme. He finally became
violent towards his family, and unmanageable. His condition was
generally that of exaltation. He was usually happy; always gaining
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