Page:Popular Science Monthly Volume 5.djvu/92

82 In another part of them it is said, in reference to the same supposed case, that "notwithstanding the party accused did the act complained of with a view, under the influence of insane delusion, of redressing or revenging some supposed grievance or injury, or of producing some public benefit, he is nevertheless punishable, if he knew at the time of committing such crime that he was acting contrary to the law, by which is meant the law of the land." This answer really conflicts with a former answer; it is obvious that the knowledge of right and wrong is different from the knowledge of an act being contrary to the law of the land; and it is certain that an insane person may do an act which he knows to be contrary to law, because, by reason of his insanity, he believes it to be right, because, under the influence of insane delusion, he is a law unto himself, and deems it a duty to do it, perhaps "with a view of producing some public benefit."

The uprightness of English judges has happily been seldom called in question, but it may well be doubted whether the result of their solemn deliberations, as embodied in their answers to the questions put to them by the House of Lords, will commend their wisdom to the approbation of foreign nations and future ages. If it be true, as is sometimes said, that the verdict of foreign nations is an anticipation of the verdict of posterity, there are already sufficiently strong indications that their conclusions will be no honor to them in times to come. That they are unanimously condemned by all physicians who have a practical knowledge of the insane, may not affect the confidence of those who accept them, seeing that judges and physicians take such different stand-points; but when the judges of other countries condemn them with equal earnestness, it is impossible for the most confident to help feeling some hesitation. In the case of State Jones, tried in the court of New Hampshire, America, Judge Ladd, after passing in review the answers of the English judges, thus speaks of the doctrine embodied in them: