網頁圖片
PDF
ePub 版

resort. There is no evidence which has shown that he would naturally go to her house for the purpose of hiding or for the purpose of screening himself from justice. The Commission sustained the objection of the Judge Advocate.

nected with the assassination show the work Mr. CLAMPITT. May it please the Court, I of insane men. The entrance into the house do not rise for the purpose of denying to of Mr. Seward was by a stratagem which is the counsel for the accused, Payne, the right peculiarly indicative of insane men. Then to set up the plea of insanity, or any other the conduct of Payne, after he entered the plea that he thinks proper; but I do rise for house, without the slightest particle of dis- the purpose of indignantly proclaiming that guise, speaking to the negro for five minutes he has no right to endeavor to bring before a person that he must know would be able this Court the house of Mrs. Surratt as a to recognize him again therafter; the ferocity rendezvous to which Payne would naturally of the crime, which is not indicative of human nature in its sane state; his leaving all the traces which men usually close up behind him. Instead of taking away his pistol and his knife and his hat, he walks leisurely out of the room, having plenty of time to take these away, and abandons them; he WITNESS. I do not know where he went takes his knife and deliberately throws it to from my mother's. In January of this year, down in front of Mr. Seward's door, as he came again to our house. He was dressed though anxious to be detected; and then, then in citizen's dress of black, and repreinstead of riding off quickly, as a sane man sented himself to be a refugee from Farquier would under the circumstances, he moves off County, Va., and gave his name as Payne. so slowly that the negro tells you he followed He took a room at my mother's house, staid him for a whole square on a walk; and after- there six weeks and a few days, and left in the ward, instead of escaping either to the north, beginning of March. He never, to my knowlon the side where there were no pickets at the edge, saw any company while there. I never time, (for it was shown he had a sound saw J. Wilkes Booth, and do not know that horse,) or instead of escaping over the river, he ever called upon Payne.

MARGARET KAIGHN.

For the Defense.—June 2.

By MR. DOSTER.

I am servant at Mrs. Branson's. I have boarding-house; he came there last January seen the prisoner, Payne, at Mrs. Branson's or February, and remained till the middle of March. I remember he asked a negro servant to clean up his room, and she gave him some impudence, and said she would not do it. She called him some names, and then he struck her; he threw her on the ground and stamped on her body, struck her on the forehead, and said he would kill her; and the girl afterward went to have him arrested.

as he had ample opportunity of doing-because if he could not get across the Anacosta Bridge, he might have swam the river at any point-he wanders off into the woods, rides around like a maniac, abandons his horse, takes to the woods, and finally comes back to the very house which, if he had any sense, he knew must be exactly the house where he would be arrested-where there were guards at the time, and where he must have known, if he had been sane, that he would immediately walk into the arms of the military authorities. He goes to this house in a crazy disguise; because who in the world ever heard of a man disguising himself by using a piece of his drawers as a hat, supposing that a sane man would not discover the disguise. Finally, there is the conduct of this person since he has been here on trial-the extraordinary stolidity of this man, as opposed to the rest of the prisoners; instead of showing the slightest feeling, he has displayed an indifference throughout this trial. You yourselves noticed that at the time of that solemn scene, when the negro identified him he stood here and laughed at the moment when his life was trembling in the balance. I ask you, is that the conduct of a sane man? There are, besides, some physical reasons which go hand in hand with insanity, and corroborate it, of a character more delicate, and which I can not mention now, but which I am prepared to prove before the Court at any time. I say Q. What class of persons do you treat in that the most probable case of insanity that your hospital?

DR. CHARLES H. NICHOLS.
For the Defense.—June 2.
By MR. DOSTER,

Q. Have I at any time given you any indication of the answers I expected you to give before this Court?

A. You have not.

Q. State what your official position is, and your profession.

A. I am a doctor of medicine, and superintendent of the Government Hospital for the Insane, which position I have occupied for thirteen years.

can be made out has been made out by the A. Insane persons exclusively. The bulk prosecution, in the conduct of this prisoner of the patients I treat are composed of sailors before the assassination, during the assassi- and soldiers.

nation, at the time of his arrest, and during Q. Please define moral insanity.

the trial.

A. When the moral or affective faculties

seem to be exclusively affected by disease of the
brain, I call that a case of moral insanity.
Q. What are some of the principal leading
causes that produce moral insanity?

A. My impression is that insanity is oftener caused by physical disease than moral causes, and that the fact that insanity takes the form of moral insanity is apt to depend on the character of the individual before he becomes deranged.

Q. Is active service in the field, among soldiers, at any time, a cause of moral insanity?

A. It is; but not a frequent cause. I have known cases of moral insanity occur among soldiers.

Q. Has or has not insanity increased very much in the country, and in your hospital, during the present war?

A. It has.

Q. Has it not increased much more, proportionately, than the increase in the army? A. It has

Q. How is the increase accounted for? A. By the diseases, hardships, and fatigues of a soldier's life, I think, to which the men were not accustomed until they entered the service.

Q. Are young men who enlist more exposed to insanity than men who enlist in middle life?

A. I am not sure that they are. My impression is, that young men accommodate themselves to a change in their manner of life rather more readily than men of middle age.

Q. Do madmen never confederate in plans?
A. Very seldom.

Q. Is or is not a morbid propensity to destroy, proof of insanity?

A. Not a proof, but it is a very common attendant upon insanity.

Q. Is it not a symptom of insanity if one, apparently sane, and without provocation or cause, commits a crime?

A. I should regard it as giving rise to a suspicion of insanity, but not of itself a proof of it. Q. Is not all conduct that differs from the usual modes of the world proof of insanity? A. I will answer that by saying that no single condition is a proof of insanity in every instance, but that an entire departure from the usual conduct of man would be considered as affording strong ground to suspect the existence of insanity.

Q Are madmen not remarkable for great cruelty?

A. My impression is that madmen exhibit about the same disposition in that respect that men generally do.

Q. Do or do not madmen, in committing crimes, seem to act without pity?

A. Those who commit criminal acts fre quently do.

Q. If one should try to murder a sick man in his bed, without ever having seen him before, would it not be presumptive proof of insanity?

A. It would give rise, in my mind, to the suspicion that a man was insane. I should not regard it as proof.

Q. If the same person should besides try Q. What are some of the leading sympto murder four other persons in the house toms of moral insanity? without having seen them before, would it not strengthen that suspicion of insanity? A. I think it would.

A. The cases are as diverse as the individuals affected. If a man, for example, believes an act to be right which he did not Q. If the same person should make no atbelieve to be right when in health, and which tempt to disguise himself, but should converse people generally do not believe to be right, for five minutes with a negro servant, walk I regard that as a symptom of moral in-away leisurely, leave his hat and pistol be sanity. hind, throw away his knife before the door,

Q. Is depression of spirits at any time con- and ride away so slowly that he could be folsidered a symptom of insanity.?

A. It is.

lowed for a square by a man on foot, would not such conduct further corroborate the sus

Q. Is great taciturnity considered a symp-picion of insanity? tom?

A. It is a frequent symptom of insanity, but I can conceive that great taciturnity might exist without insanity.

Q. Is a disposition to commit suicide and an indifference to life considered a symptom? A. It is.

Q. Is great cunning and subtlety in making plans concomitant of insanity?

A. The insane frequently exhibit extraordinary cunning in their plans to effect an object.

Q. Is it or is it not possible for a madman to confederate with other madmen or sane men in plans?

A. I would say that it is not impossible, but it is infrequent for madmen to confederate in effecting their plans.

A. I think it would. It is a peculiarity of the insane, when they commit criminal acts, that they make little or no attempt to conceal them; but that is not always the case.

Q. If the same person should cry out, while stabbing one of the attendants, "I am mad, I am mad," would it not be further ground for suspicion that he was insane?

A. Such an exclamation would give rise, in my mind, to an impression that the man was feigning insanity. Insane men rarely make such an exclamation, or a similar one, and they rarely excuse themselves for a criminal act on the ground that they are insane.

Q. Do not madmen sometimes unconsciously state that they are mad?

A. They do sometimes, but it is not fre quent that they do.

Q. Do you not remember cases in your experience where madmen have told you they were mad?

A. Long-continued constipation frequently precedes insanity. Constipation is not very frequent among the actual insane.

A. They frequently do it in this way: An individual knows that he is regarded as insane, and if taken to task for any improper act, a shrewd man will excuse himself on the ground that he is an insane man, and there-insanity? fore not responsible.

Q. If this same person that I have described to you, had been suffering from constipation for four weeks, would that be considered additional ground for believing in his A. I think it would. I think some weight might be given to that circumstance.

Q. If the same person that I have mentioned should, although in the possession of Q. If the same person, during his trial a sound horse, make no effort to escape, but and during his confinement, never spoke should abandon his horse, wander off into the until spoken to, at a time when all his comwoods, and come back to a house surrounded panions were peevish and clamorous; if he with soldiers, and where he might expect to never expressed a want when all the rest be arrested, would that not be additional expressed many; remained in the same spirits ground for the suspicion that he was insane? when the rest were depressed; retained the A. I should regard every act of a man who same expression of indifference when the had committed a crime, indicating that he rest were nervous and anxious, and continued was indifferent to the consequences, as a ground for suspecting that he was insane.

Q. If the same person should return to this bouse I have spoken of, with a piece of his drawers for his hat, at a time when he saw the soldiers in its possession, would not that be additional proof of insanity?

A. I can hardly see what bearing that would have upon the question of insanity.

QI understood you to say before that madmen seldom disguise themselves. The disguise in question consisted of a piece of drawers being used for a hat. I ask whether that disguise may properly be presumed to be the disguise of a sane man or an insane man? A. It would depend upon circumstances. It is a common peculiarity of insane men, that they dress themselves in a fantastic manner; for example, make head-dresses out of pieces of old garments. They do it, however, apparently from a childish fancy for something that is fantastic and attracts attention; and I do not recollect a case of an insane person dressing himself in a garment or garments of that kind for the sake of disguising himself.

QIf this same person, after his arrest, should express a strong desire to be hanged, and express great indifference of life, would that be additional ground for suspicion of insanity?

immovable, except a certain wildness in his
eyes, would it not be considered additional
ground for believing in his insanity?
A. I think it would.

Q. If this same person, after committing the crime, should, on being questioned as to the cause, say he remembered nothing dis tinctly, but only a struggle with persons whom he had no desire whatever to kill, would not that be additional ground for suspicion of insanity?

A. I think it would.

Q. What are the qualities of mind and person needed by a keeper to secure control over a madman?

A. Self-control.

Q. Are not madmen easily managed by persons of strong will and resolute character? A. Yes, sir; they are.

Q. Are there not instances on record of madmen who toward others were wild, while toward their keepers, or certain persons whom they held to be superiors, they were docile and obedient, in the manner of dogs toward their masters?

A. I think the servile obedience which a dog exhibits to his master is rarely exhib ited by the insane. It is true, that the insane are comparatively mild and obedient to certain persons, when they are more or less turbulent and violent toward other persons. Q. Would it not be possible for such a Q Would it be further ground for suspi-keeper, exercising supreme control over a cion if he seemed totally indifferent to the madman, to direct him to the commission of conduct of his trial, laughed when he was a crime, and secure that commission? identified, and betrayed a stolidity of manner different from his associates?

A. I think it would.

A. I think it would.

Q Please state to the Court what physical sickness generally accompanies insanity, if any there is.

A. I should say that would be very difficult, unless it was done in the course of a few minutes after the plan was laid and the direction given. I should say, generally, it would be very difficult.

Q. Is not the influence of some persons A. I believe that disease, either functional over madmen so great that their will seems or organic, of the brain always accompanies to take the place of the will of the madinsanity. No other physical disease neces- man ? sarily, or perhaps usually, accompanies it. A. There is a great difference in the Q. Is long-continued constipation one of control that different individuals have over the physical conditions that accompany in- insane persons, but I think it an error that sanity? that control reaches the extent you have

described, or the extent, I may add, that is popularly supposed.

given just a categorical one to all the questions that have been asked me, I believe; I am, personally, and as an expert, very much opposed to giving an opinion in respect to

Q. Do you or not recognize a distinction between mania and delusion? A. A certain distinction, inasmuch as de- hypothetical cases, for the simple and best lusion may accompany any form and every form of insanity, and mania is the name given to a particular form, which may or may not be accompanied by delusion.

Q. Are not instances of insane delusion more frequent during civil war than any other kind of insanity?

A. My impression is, that cases in which delusions are entertained are not as frequent. Insanity is of a more general character-so far as my experience goes, has been during the war, among soldiers-than it usually is. Q. Does or does not constant dwelling on the same subject lead to an insane delusion? A. It frequently does, I think.

of reasons, as I conceive that I have none, and I could give no definite opinion upon the facts implied in the questions submitted to me. Every case of insanity is a case of itself, and has to be studied with all the light that can be thrown upon it, and it is impossible for me to give an opinion upon a hypothetical case.

DR. JAMES C. HALL.

For the Defense.-June 13.

This morning I spent three-quarters of an hour in an examination of the prisoner, Lewis Payne. I first examined him with Q. If a body of men, for instance, who regard to his physical condition. His eye owned slaves, were constantly hearing speeches appeared to be perfectly natural, except that and sermons vindicating the divine right of it appeared to have very little intellectual slavery, burned men at the stake for attempt- expression; but it was capable of showing a ing to abolish slavery, and finally took up great deal of passion and feeling. I discov arms to defend slavery, when no man was ered a remarkable want of symmetry in the really attacking it, would not that be evi- two sides of his head. The left side is much dence that some of these men were actually more developed than the right. His pulse I deluded?

A. I think it would; but it does not follow that the delusion is what I technically denominate an insane delusion, arising from disease of the brain, and for which a man is not responsible.

counted twice carefully; I found it to be a hundred and eight, which is about thirty strokes above a natural healthy pulse. In other respects his health seemed to be good, with the exception of another habit, which, I believe, the Court is informed of—namely, constipation. His general muscular develop ment is perfectly healthy.

Q. If one of those same men who owned slaves, and believed in the divine origin of slavery, and had fought in its defense, and I questioned him first to test his memory. I believed that he had also fought in defense found that it acted very slowly. He appeared of his home and friends, should attempt, on to answer my questions willingly, but his mind his own motion, to kill the leaders of the appeared to be very inert, and it took some people, who he believed were killing his time before he would give me an answer to friends, would not that conduct be esteemed a very simple question, though he did not a fanatical delusion? seem to be at all reluctant in giving me the Assistant Judge Advocate BURNETT. Un- information I was seeking for. His intelless Mr. Doster can give us some idea when lect appears to be of a very low order; and this species of examination will be brought yet I could not discover that there was any to a close, we must here interpose objection. sign of insanity. His mind is naturally dull It certainly has nothing whatever to do with and feeble, and, I presume, has not been cultithe case. He is imagining facts that do not vated by education. exist, and he is examining upon a basis that I asked him certain questions which I he has not laid, and it is certainly irrelevant thought would draw out his moral nature and foreign to the issue. Will Mr. Doster state and feelings, and the conclusion to which I if he is nearly through with his examination? came was, that he would perform acts, and Mr. DOSTER. The course of examination think himself justified in so doing, which a that I propose is not a great deal longer. I man of better moral nature and of a better mentioned the other day that it was impos- mind would condemn. sible for me to secure the attendance of wit- Q. Did you or not state the case to him of nesses from Florida. Regularly, I ought not a person committing the crime with which he to have called Dr. Nichols before these wit- is charged, and ask his opinion in reference nesses had been here and had been exam- to the moral right to commit it? ined. I have been unwilling to detain Dr. A. I did. I mentioned it as a supposed Nichols here, and have endeavored to go over case, and he said he thought a person in perthe whole ground with him, so that I need forming such an act as I described would be not call him twice, as I would have to do if I justified. "I wish you would give me some were to call these witnesses from Florida first. reason," I said, "why you think he would WITNESS. If I may be allowed, I would be justified; why you think an act which like to give an explanatory answer. I have I think wrong, and which everybody else

thinks wrong, could be justified." His an-tor, that, from the whole examination you swer amounted to this, that he thought in have made, you regard the prisoner, Payne, as war a person was entitled to take life. That sufficiently sane to be a responsible being for was the reason he assigned why he thought his acts?

such an act could be justified.

A. I have not altogether made up my mind I should say that, from the whole exam-on that. I do not think that the single examiination, there was reasonable ground for ation which I have made would suffice to suspicion of insanity. It seems to me that decide the question. I think there is enough no man could, if he were perfectly sane, ex- to allow us a suspicion that he may not be a hibit the utter insensibility that he does and perfectly sane and responsible man. I can did in my presence. I do not think there was give no positive opinion on that point. His any attempt at deception. He answered the intellect is very feeble and inert. questions, so far as his mind would permit Q. The extent, then, to which you go, is him, plainly and clearly, without any attempt that there is ground for suspicions? You do at deceiving me or misleading me. I can not not express any such opinion? give a positive opinion that he is laboring A. I do not express a positive opinion that under either moral or mental insanity. To he is either morally or mentally insane, but decide on a case of this kind, one ought to see that there is sufficient ground, both from his the person at various times and under various physical condition and his mental developcircumstances. I never saw this man before.ment, for a suspicion of insanity.

Cross-examined by the JUDGE ADVOCATE.

Q. Do you rest that suspicion largely on his course of reasoning, and the conclusion he

I can not discover any positive signs of drew from the case which you supposed? mental insanity, but of a very feeble, inert A. Yes, sir; I should think that was the mind; a deficiency of mind rather than a result either of insanity or very badly culti derangement of it; a very low order of intel-vated mind, and very bad morals.

lect. His memory appears to be very slow Q. Might it not be wholly the result of very in acting. bad morals?

Q Did he or not seem to have a distinct recollection of his crime, and also of the Lives and course of reasoning

A. It might entirely. I attach some immo-portance to his physical condition. It is generally known that persons who are insane, habitually, with few exceptions, have an unusual frequency of pulse. His pulse is thirty odd strokes above the normal standard.

Mr. DOSTER. I object to that question. WITNESS. I did not refer to it as the crime committed by himself. I asked him what he would think of a man who had committed a crime such as he was charged with, and he said he thought he would be right in doing it. I carefully avoided applying the act or crime to himself, personally; I merely spoke of it as a supposititious case. I did not think it would be right for me to receive any confession from him, and I rather avoided extorting it. I by no means regard atrocious crime as per se evidence of insanity.

Q. He was aware of the purpose for which you had your interview with him, was he not? A. I introduced myself by telling him that I was a physician, and that the Court had directed me to examine into his condi tion, and I referred to some matters connected with his health.

Q. Did he seem to be under any excitement?

A. Not the least. Q. Do you regard insensibility under crime and at times smiled. or indifference to the results of crime as indi- playing a part at all. cating insanity

He was perfectly calm, He did not seem to be He appeared to answer the questions honestly and truthfully, so far A. Where a man commits crime habitually as I could judge; but his memory is very and without any adequate motive or provo-slow, and it is very difficult to get from him cation, I should be disposed then to suspect an answer to a very simple question. I asked insanity. If there is an absence of motive him in regard to his birth and his residence. and an absence of provocation, and if it is He could not remember the maiden name of done habitually, these are the conditions. A his mother. He said her first name was Carosingle act I should be very reluctant to form line, but he could not remember her maiden an opinion upon.

If a man, engaged in arms as a rebel against the Government of his country, is found assassinating its Chief Magistrate and the members of its Cabinet, would you or not regard these circumstances as indicating sufficiently the presence of motive to save him from the imputation of insanity?

A. Yes, he might have a motive. I can readily conceive that a man might think he

name.

But I have known sane persons who forgot their own names. The celebrated John Law, of this city, would go to the post-office and be unable to call for a letter in his own name.

JOHN B. Hubbard.
For the Defense.—June 3.
By MR. DOSTER.

had a sufficient motive and a sufficient justi- I am at times in charge of the prisoner, fication for it. Lewis Payne, and have at times had conver

Q. Do I or not understand you to say, Doc-sation with him.

« 上一頁繼續 »