Page:The Green Bag (1889–1914), Volume 09.pdf/526

 Chapters in the Rnglish Law of Lunacy.

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ception of the horrible guilt there would be Medical men have often been challenged in murder; the power of knowing that we by lawyers to produce a single typical case are doing that which will destroy life and of moral insanity. A locus classions of this your soul, and cause sorrow and terror and kind has recently been laid before the British every kind of frightful consequence; the Medico-Psychological Association by Dr. power of thinking about this which every Hack Tuke, one of the most eminent alien sane man possesses. That is the law, as I ists of the century, who has just passed from understand it, which by guilt implies the us by death. We are enabled to conclude power of discriminating between right and this paper by a citation of it. It is without

wrong. That is the exception the most test of responsibility." extraordinary case on It was an applica record and may prove tion, in brief, of the of interest — and possame doctrine that led sibly service — to Mr. Justice Cave to American lawyers say, on the trial of a and medical men in man named Brocklestheir professional con field atCheshire.some flicts: years ago: "The "W. B. was born at question is, whether Swansea, Wales, on June he was insane at the 26, 1843. In h's tenth time." This ruling, it year he migrated to will be observed, Canada with his father, throws the " knowlstepmother and broth ers. He was not known e d g e of right and to his stepmother until wrong " test o v e rabout a fortnight before board, and reverts to leaving for Canada, as Chief-Justice К e n he had been away at yon's language on the school. His stepmother trial of Hadfield. In states that he has been another case — the of a sullen disposition Queen v. Ware — ever since she has known tried at Shrewsbury JEAN-PIF.RRE KAI.RET. him; uncommunicative, in 1885, Sir Henry idle, sly and treacher Hawkins told the grand jury that, while the ous; that at an early age he evinced a disposi tion to torture domestic animals, and to cruelly prisoner knew what he was doing in com mitting the crime charged against him, he treat the younger members of the family. "On one occasion he took with him his young was assuredly not responsible for the act. brother, a lad five or six years of age, ostensibly In yet another case, Lord Blackburn told a to pick berries, which grew wild not far away. jury that there were " exceptions " to the On arriving at a secluded spot, he removed the law laid down after the acquittal of Macclothes from the child, and proceeded to whip him naghten, and that the case before them was with long, lithe willows, and, not satisfied with this, one of these. The jury promptly acted on he bit and scratched the lad terribly about the the hint. Only a few years ago, in a murder arms and upper part of the body, threatening that case at Cardiff, Mr. Justice Lawrence expressly if he made an outcry he would kill him with a put to the jury as law the proposed statement table knife, which he had secretly brought with him. The cries of the boy attracted the attention of Sir James Stephen above quoted.