/T\edic;o-Ce<§aI Studies 
Vol. II. 
By CLARK BELL, Esq. 
V-*' * 
PRESIDENT MEDICO-LEGAL SOCIETY OF NEW YORK, HONORARY MEMBER 
OF THE MEDICO-LEGAL SOCIETY OF FRANCE, OF THE STATE OF 
MASSACHUSETTS, OF THE STATE OF RHODE ISLAND, OF THE CITY 
OF CHICAGO, OF THE CITY OF PHILADELPHIA, OF THE CITY 
OF DENVER, OF THE SOCIETY OF MENTAL MEDICINE 
OF BELGIUM, OF THE NETHERLAND SOCIETY OF PSY- 
CHIATRY, OF THE PORTUGESE NEUROLOGICAL SO- 
CIETY, CORRESPONDING MEMBER OF THE ITAL- 
IAN SOCIETY OF FRENIATRY, OF THE RUSSIAN 
SOCIETY OF TSYCHIATRY, OF THE BEL- 
GIAN SOCIETY OF ANTHROPOLOGIE, OF 
THE PARIS SOCIETY MEDICO-PSY- 
CHOLOGIQUE, OF THE NEW YORK 
ACADEMY OF ANTHROPO- 
LOGY, ETC., ETC., ETC. 
57 BROADWAY, 
NEW YORK, 
1891. Th is is one of an edition of fitfe hundred of which 
this is - 
Entered according to Act of Congress in the year I891 by Clark Bell, Esq., in the office 
of the Librarian of Congress at Washington, D. C., U. S. A. 
Copyrighted. All rights reserved. DEDICATION. 
To the Hon. David Dudley Field : 
During all the years, in which I have been associated 
with the Medico-Legal Society and its work, you have 
been my warmest friend, and I know of no one who has 
done more to encourage and strengthen my labors than 
have you. For most of these years, you have been an 
active member, one of the patrons of the library, and 
deeply interested in the success of the Medico-Legal So- 
ciety. It affords me a great pleasure, and I deem it a 
high honor, to dedicate this volume to you, as an evidence 
of the high personal regard I have ever felt for you. 
New York, January, 1891. 
Clark Bell. Press of H. F. Clinton, 
220 and 222 William Street, 
New York. ' ' t£ PREFACE. 
In June, 1889, I published a volume entitled Medico- 
Legal Studies, volume one, containing some essays and 
writings upon subjects relating to Medical Jurisprudence 
that I had produced in the years 1887 and 1888. 
This volume was limited to one hundred copies, and 
was intended only for presentation to personal friends. 
The present volume is a continuation of the same 
studies, within the same domain, for the years 1889 and 
1890. 
I was first elected President of the Medico-Legal So- 
ciety in November, 1872, holding that Chair for three 
terms, to the close of 1875. After six years, I was re- 
elected, serving three successive terms, from 1882 to 
1885. 
In January, 1887, I was re-elected, since which I have 
held that position, and I commenced my eleventh year 
of that service in January, 1891. 
Prior to the publication of volume one, of Medico- 
Legal Studies, much of my labor in the fifteen years 
preceding 1887, had been published only in pamphlets 
and desultory sketches, and prior to the founding of the 
Medico-Legal Journal in June, 1883, had never been 
collected in volumes. These writings can only be found VI 
PREFACE 
in part, in the various newspapers and journals, that 
published the transactions of that Society. 
This present volume is not a collection of the earlier 
work, but the product of what has been done in the last 
two years, in the advancement of the science of medical 
jurisprudence, and will best illustrate, to the future 
student of the science, my influence upon and relation to 
the work of the Medico-Legal Society, during a most 
eventful period of its history, and while its remarkable 
growth and development, national as well as interna- 
tional, was going forward. Whether I ever find the time 
to republish the earlier writings or not, it should be re- 
membered, that the present volume dates from the later 
labors—with the exception of the single paper on the 
Coroners System, which was reproduced in the discus- 
sion of that subject before the International Medico- 
Legal Congress of 1889. 
New York, February, 1891, TABLE OF CONTENTS. 
PAGE. 
Recent Judical Departures in Insanity Oases 1 
Ninth Inaugural Address as President Medico-Legal Society 
of New York 44 
Belgium and her Institutions for the Insane 59 
Electricity and the Death Penalty 82 
Monomania 101 
Seperate Hospitals for Insane Convicts 118 
Hypnotism 124 
Tenth Inaugural Address 133 
Spiritualism and Testamentary Capacity 145 
Insanity as a Defense in Pensylvania 148 
Lunacy Legislation in New York 153 
The Coroner’s Office—Should it be Abolished ? 156 
Eleventh Inaugural Address hi 
Report of Committee on National and State Chemists xxi 
Report of Committee on Reorganization of the Morgue in 
the City of New York xxiii 
Preliminary Report of the Standing Committee on Hyp- 
notism xxv 
Officers, etc., etc., etc xxvii ILLUSTRATIONS. 
PAGE. 
David Dudley Field (facing Title Page) 
Chief Justice E. E. Bermudez of La (facing Preface) 
Legal and Judicial Heads 1 
Legal Members of the Saturday Night Club 17 
Chief Justice Andrews of Connecticut 33 
Eminent Alienists and Scientists 44 
Group of Eminent Belgian Scientists 59 
Justices of Supreme Court of Georgia 65 
The Ex-Committee Medico-Legal Society 82 
Justices of Supreme Court of Alabama 97 
Dr. Pliny Earle 101 
Judge W. S. Ladd, of New Hampshire 118 
Newly Elected and Retiring Judges of the Superior and City 
Courts of New York 125 
Chief Justice Durfee of Rhode Island 129 
Group of Chief Justices 145 
The Supreme Court of Connecticut 148 
E. N. Dickerson, Esq 153 
Chief Justice Sir John C. Allen, of New Brunswick 156 
Chief Justice Horton of Kansas 177 Eminent Legal and Judicial Heads of Members of the Medico-Legal Society. 
JUDGE WM. L. LEARNED, HON. LEON ABBETT, 
Albany, N. Y. Gov. of New Jersey. 
HON. WILLARD SAULSBURY, HON. GEO. B. BRADLEY, HON. VV. L. BURNAI’, 
Chancellor of Delaware. N. Y. Court of Appeals. 1‘rof. Med. Jurisprudence, Yermont. 
HON. DANIEL BARNARD, HON. CHAS. G. GARRISON, 
Attorney-General of New Hampshire. Supreme Court of New Jersey. 
HON. JAS. H. PETERS, HON. RASTUS S. RANSOM, HON. GEO. A. HALSEY, 
Supreme Court, Prince Edward Island. Surrogate of New York. New Jersey. 
HON. GEO. H. YEAMAN, HON. E. N. DICKERSON, 
Fix-President Medico-I.egal Society. New York. 
HON. RICHARD L. LARREMORE, 
Fix-Chief Justice New York Common Pleas. THE RECENT JUDICIAL DEPARTURE IN IN- 
SANITY CASES. 
By Clark Bell, Esq., 
President of the Medico-Legal Society of New York. 
There is probably no race of men more devoted to, or 
controlled by, traditional rules and policy, than the 
Anglo-Saxon. 
Whal our fathers did, we accept without question or 
examination, and it takes half a century at least, to get 
an Englishman or his descendant, to be willing even to 
inquire, as to the right or propriety, of changing a rule 
in universal use and acceptance, by his ancestors. 
By the ancient law of England, madness, was not a 
defence, on an indictment for murder. 
If it appeared on trial that an accused was mad, there 
was such a special verdict, on which the Crown could 
pardon * 
In the most notable cases of the last century, Rex vs. 
Arnold (16 St. Tr. 695—1724); Rex vs. Lord Ferris (19 St. 
Tr. 8S6—1760); Rex vs. Hadfield, (27 St. Tr. 1281—1800), 
these questions came up for discussion, and Lord 
Erskine’s speech in defence of Hadfield, who was un- 
doubtedly a lunatic, and in a state of furious mania, was 
then regarded as a masterly innovation, upon the exist- 
ing state of the English law. 
Up to the beginning of the present century, there was 
no authoritative decision, of the High Courts of England 
upon this question, and our only reported cases, are those 
* 1 Rot. Par. 443 ; B. 3 Edws. 2 (1810); Fitz Herbert cerone 851 ; 8) 
Edws. 3 1330.) 2 
recent judicial departure in insanity cases. 
of the simple dicta, of a single trial judge, in important 
criminal trials, as they came down to us, in the reported 
State trials of the eighteenth century. 
Sir James Fitz James Stephen, by far the ablest 
writer upon the criminal law of England, in reviewing 
it historically, writing as late as his treatise on the 
“ History of the Criminal Law of England” (1883), says: 
“I know of no single instance, in which the Court for 
Crown Cases reserved, or any other Court, sitting in 
banc, has delivered a considered written judgment, on 
the relation of insanity to criminal responsibility, though 
there are several of such decisions, as to the effect of in- 
sanity on the validity of contracts and wills.”* 
The present state of the law of England may be said 
to be due, to the excitement growing out of the acquittal 
of McNaghten, for the killing of Mr. Drummond in 
1843, whom he shot, mistaking him for Sir Robert 
Peel. 
The medical evidence in that case was : 
“ That a person of otherwise sound mind might be affected with morbid 
delusions ; that the prisoner was in that condition ; that a person laboring 
under a morbid delusion might have a moral perception of right and 
wrong, but that, in the case of the prisoner, it was a delusion which carried 
him away beyond the power of his own control, and left him no such per- 
ception, and that he was not capable of exercising any control over acts 
which had a connection with his delusion ; that it was the nature of his dis- 
ease to go on gradually, until it reached a climax, when it burst forth with 
irresistible intensity ; that a man might go on for years quietly, though at 
the same time under its influence, but would at once break out into the 
most extravagant and violent paroxysms. The questions left to the jury 
were : * Whether at the time the act in question was committed, the pris- 
oner had or had not, the use of his understanding, so as to know that he 
was doing a wrong and a wicked act; whether the prisoner was sensible at the 
time he committed the act, that he violated both the laws of God and 
man.’ ” (1 Russ. Cri. 121.) 
The prisoner being acquitted, the House of Lords sub- 
mitted to the judges certain questions, which were 
* Stephen’s Hist. Crim. Law of England,vol. 2. p. 152. RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
3 
answered in June of that year, since which date the 
English judges in criminal trials have usually followed 
the language of the answers thus given. 
The 2d and 3d questions submitted to the judges by 
the Lords, and their answers, were : 
Question 2.— ‘What are the proper questions to be submitted to the 
jury when a person, afflicted with insane delusions, respecting one or 
more particular subjects or persons, is charged with the commission of a 
crime (murder, for instance), and insanity is set up as a defence ? ” 
Question 3.—“ In what terms ought the question be left to the jury as to 
the prisoner’s state of mind at the time the act was committed ? ” 
Answers 2 and 3.—“ As these two questions appear to ns to be more 
conveniently answered together, we submit our opinion to be, that the jury 
ought to be told in all cases, that every man is presumed to be sane, and to 
possess a sufficient degree of reason to be responsible for his crimes, until 
the contrary, be proved to their satisfaction. That to establish a defence 
on the ground of insanity, it must be clearly proved, that at the time of 
committing the act, the accused was laboring under such a defect of reason, 
from disease of the mind, as not to know the nature and quality, of the act 
he was doing, or if he did know it, that he did not know he was doing 
what was wrong. The mode of putting the latter part of the question to 
the jury on these occasions has generally been, whether the accused, at the 
time of doing the act, knew the difference between right and wrong ; which 
mode, though rarely, if ever, leading to any mistake with the jury, is not, 
we conceive, so accurate when put generally and in the abstract, as when 
put with reference to the party’s knowledge of right and wrong, in respect 
to the very act, with which he is charged. If the question were to be put 
as to the knowledge of the accused, solely and exclusively with reference to 
the law of the land, it might tend to confound the jury, by inducing them 
to believe, that an actual knowledge of the law of the land was essential in 
order to lead to a conviction ; whereas the law is administered on the prin- 
ciple, that every one must be taken conclusively, to know it without proof 
that he does know it. If the accused was conscious, that the act was one 
which he ought not to do, and if the act at the same time was contrary to the 
law of the land, he is punishable, and the usual course, therefore, has been 
to leave the question to the jury, whether the accused had a sufficient degree 
of reason, to know that he was doing an act that was wrong ; and this 
course we think is correct, accompanied with such observations and correc- 
tions, as the circumstances of each particular case may require.” (p. 127 
etseq.) 
It is not my purpose to go into a criticism of these 
answers in detail. 
I shall content myself with stating that— 
1. They were not the decision of any court of crimi- 4 
RECENT JUDICIAL DEPARTURE IN INSANITY CASKS. 
nal jurisdiction, based upon evidence taken in a judicial 
proceeding. 
2. That they are, as Sir James Stephen has so well 
stated: “Mere answers to questions which the judges 
were probably under no obligation to answer, and 
to which the House of Lords had probably no right to 
require an answer, as they did not arise out of any mat- 
ter judicially before the House.” (Ib. vol. 2., p. 154.) 
3. The most that could be legally claimed for these 
answers, as to their legal binding force and effect, would 
be, that they were the individual opinions of fourteen 
out of fifteen of the then English judges, on answers 
to hypothetical questions, not in a judicial proceeding, 
and in a strictly legal and judicial sense, mere obiter 
dicta. 
A critical examination of these questions and answers, 
will show, that the construction since given to them by 
English judges in criminal trials, has lent them a sig- 
nificance, force and I might say construction, not covered 
by the terms of the questions and answers themselves, 
because the answers are so closely confined to the narrow 
scope of the questions, as to leave many cases outside 
them, which might unthinkingly be supposed to be in- 
cluded in and covered by them. 
Whatever may be thought or said, of these questions 
and answers, or of the course of the English judiciary 
in accepting these dicta of the judges, as a statement 
of the law, it is a fact that from 1843 to a very recent 
date, it has been usual for the English trial judges, to 
charge the jury, in cases where the defence of insanity 
was interposed, as to the question of responsibility:— 
That it must be clearly proved “ that at the time of 
the committing of the act, the accused was laboring, under 
such a defect of reason from disease of the mind, as not to RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
5 
know the nature and quality of the act he was doing, or 
if he did know it, that he did not know he was doing 
what was wrong .” 
Sir James Stephen represents what I esteem to be the 
ablest and best legal view upon this subject when he 
says, speaking of the answers to the 2d and 3d questions : 
“ That the form of the questions is very general, and the 
answers can hardly be meant to have been exhaustive. 
(Ib. p. 159.) That the word ‘wrong’ is ambiguous, as 
well as the word ‘ know.’ 
“It may mean either ‘illegal’ or ‘morally wrong,’ 
for there may be such a thing as illegality not involving 
moral guilt, and when we come to deal with madness, 
the question whether ‘ wrong ’ means ‘ morally wrong ’ 
or only ‘illegal ’ may be important.” (Ibid. 167.) 
In an exhaustive analysis of the whole subject, the 
chapter on the relation of madness to crime in his mas- 
terly treatise, he concludes, that the true signification 
of these questions and answers, are not what they have 
been commonly stated by English judges to be, when 
he says : 
“ The proposition, then, which I have to maintain and explain is, that, 
if it is not, it ought to be the law of England, that no act is a crime if the 
person who does it, is at the time when it is done, prevented either by defective 
mental power, or by any disease affecting his mind, from controlling his 
own conduct, unless the absence of the power of control, has been pro- 
duced bv his own default. The first part of this proposition may probably 
appear to many persons to be self evident. How, it may be asked, can a 
man be responsible for what he cannot help? That a man can be made 
responsible in the sense of being punished for what he cannot help is 
obvious. Whether he ought be made responsible, that is, whether it is 
expedient that people so situated should be punished in such cases, depends 
upon the question, What is meant by a man’s not being able to help doing 
what he dors ?„” (Ibid. 163.) 
It is important also to note, that the mere knowledge 
of right and wrong in the abstract sense, as involving a 
knowledge of the law of the land, is not suggested as the 6 
RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
best test by the judges, but the party’s knowledge 
of right and wrong, in respect to the very act with which 
he is charged, and the trial judges have since usually 
followed this idea. 
The medical profession of England at once put itself 
unanimously, against the view and practice of the 
English judges, who made the knowledge of right and 
wrong a test of responsibility for the insane. (Resolu- 
tions of the British Associations of Medical Superin- 
tendents, July 14, 1844.) 
In some of the American States, the judiciary have 
followed the practice of the English judges, and charged 
juries, making the knowledge of right and wrong, the 
test of criminal responsibility, in cases of insanity, 
notably, New York, Pennsylvania, Massachusetts, Michi- 
gan, Alabama, Ohio, and many others. 
Writers, however, on both sides the Atlantic, 
legal and medical, with few exceptions, denounce the 
test of “right and wrong” as laid down by the English 
judges, and hold it to be inconsistent with the progress 
of science, the civilization of the age, and contrary to 
the well known experience of mankind. Among legal 
writers aside from those cited, are J. Balfour Browne ;* 
Wharton and Stille ;f Bishop:}:, on Criminal Law ; Whar- 
Criminal Law ; Ordronaux; fl LordErksine in Had- 
field’s Case ; Lord Denman in Rex vs. Oxford, and many 
others later, while among medical men Ray,T Bucknill 
and Tuke,** Beck and indeed the whole profession of 
medical writers and thinkers, condemn this rule. 
• Browne’s Med. Jur. §§ 18 et seq. 
f Wharton and Stille, § 59. 
x 1 Bish. Criminal Law (7th ed.), § 386 et seq. 
§ Wharton’s Crim. Law, § 33, 34, 35. 
| Ordronanx on Insanity, 419. 
IT Ray’s Med. Jur., § 16-19. 
** Bueknell and Tuke, p. 269. RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
7 
Among the English writers, however, Baron Bramwell 
not only defends the test, but justifies it on principle, 
and advances what he insists are strong logical reasons, 
why the insane should be punished, even with greater 
severity than the sane, for violations of law. 
Sir James Stephen says: “It is, indeed, more difficult 
to say, why a dangerous, incurable madman, should not 
be painlessly put to death as a measure of humanity, 
than to show wfiiy a man who being both mad and wicked 
deliberately commits a cruel murder, should be executed 
as a murderer. (Hist, of Crim. Law, 78.) 
The discussion of this subject has been unfortunately 
embittered, districted, and I feel sure a reasonable solu- 
tion delayed, by the intemperate language used by medi- 
cal writers, in criticising the dicta of judges and the 
opinion of eminent lawyers, especially in Great Britain. 
These assaults, so far as I have been able to find on a 
careful examination, have usually been the result of 
misconceptions in the medical mind. Objects some- 
times seem to take on a color from the lens, through 
which we regard them, that they do not in fact have. 
The mountain is not really blue or green; it is the 
glass of our spectacles that produce, what seems to be a 
natural, but what is in fact a false effect. 
I doubt if Baron Bramwell would have written his 
article in the Nineteenth Century Magazine,* except on 
provocation, given by medical writers, following such 
scathing denunciations as that with which Dr. Henry 
Maudsly assailed the English Bench in his Responsi- 
bility in Mental Disease,f and like criticisms. 
Sir James Stephen well says : “ Sarcasm and ridicule 
are out of place on the bench, in almost all conceivable 
* Insanity and Crime, Nineteenth Century Magazine, Dee., 1885. 
f Responsibility in Mental Disease, preface, p. vii. 8 
RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
cases.” when commenting on quite as intemperate 
language from judges on the Bench, concerning medical 
expert witnesses. Let us hope that the era of temper 
and passion has past, and that we can now in both pro- 
fessions, law and medicine, discuss this important issue 
without passion, prejudice or violent language. 
It may be proper to notice some of the positions as- 
sumed by Baron Bramwell in his paper, which is his 
personal view, and should not be construed as a judicial 
decision, or in any sense as of binding force, as a judicial 
statement of the law of England. It is, and, only 
claimed to be, his private opinion. 
The law does not any where make, the mere fact of 
insanity, an excuse for or a defense to, a charge of crime. 
Medical men ought not to contend, that the slightest 
disease of the brain, should exempt from responsibility, 
per se. The abler doubtless concede this. The question 
is or should be, how far does the delusion dominate the 
volition ? Or in another class of cases, as Sir James 
Stephen puts it, “Was the accused deprived, by a dis- 
ease affecting the mind, of the power of passing a 
rational judgment, on the moral character of the act, 
which he meant to do ?” 
On the trial of McNaghten, the medical evidence 
under or on which the jury acquitted was clear, that he 
was laboring under a delusion, which carried him away 
beyond the power of his own control. That he was not 
capable of exercising any control, over his acts which 
had any connection with his delusion.” 
The charge there was, “whether the prisoner had or 
had not, the use of his understanding, so as to know that 
he was doing a wrong and wicked act, whether the 
prisoner was sensible at the time he committed the act, 
that he violated both the law of God and man.” RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
9 
There is but little doubt that the jury believed in 
McNaghten’s case that he was so far, insane as to be 
entirely dominated by his delusion, and that he was not 
therefore criminally responsible. 
The test proposed by Baron Bramwell is, “ That the 
law should punish all whom it threatens on conviction. 
That it ought to punish all who would he influenced by 
the threat, all whom it woidd or might deter, or help to 
deter ; that the question should be, not whether the per- 
son accused of crime is mad, hut whether he understood 
the law's threat 
This sounds specious, but is not the law of England 
now, nor was it ever. The law threatened McNaghten, 
yet he was acquitted, because his delusion dominated his 
will, in the opinion of the jury. “ He could not help it.” 
The law did not, and could not deter him. 
The law threatened Hadfield. He knew well the 
nature and character of the act. He well knew it was 
high treason. He knew this was a crime punishable 
under the English law with death, and his object was 
that he might be put to death, to save the world. 
By Baron Bramwell’s test, Hadfield should have been 
convicted, and he so asserts in his paper. 
But his delusion evidently dominated his will power. 
He could have committed suicide, and attained his end, 
but desired rather that his life should be taken by others, 
through the channel of punishment for crime. 
Lord Kenyon stopped the prosecution, before Erskine 
had called half his witnesses for the defence. Why ? 
The law did threaten Hadfield. Baron Bramwell con- 
siders that the law, instead of acting as a deterrent, 
actually was an inducement. It assisted him in his de- 
lusion, and furnished him with the means of the accom- 
plishment of his insane purpose. 10 
RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
I assume, as a lawyer, that Baron Bramwell would 
consider, that the act of Lord Kenyon, the trial judge, in 
stopping the prosecution and dismissing the case, was a 
judicial decision of an English court of competent juris- 
diction, which judicially established as the law of that 
case, that Hadfield’s act was not a violation of English 
law. 
That decision of Lord Kenyon has not been reversed, 
overruled or set aside, by any English court of compe- 
tent jurisdiction, and it is English law to-day, higher 
than the opinion of any judge off the bench, upon an 
abstract question, in a polemical controversy, even if it 
were the Lord Chief Justice. Baron Bramwell may 
differ in opinion with Lord Kenyon. He may think the 
latter’s decision was erroneous, but how can he claim that 
the decision is not an authority as English law till over- 
ruled or set aside. 
Baron BramwellPs proposed test is both novel and new. 
It is not a safe test in many respects: 
1. He would exempt all who do not understand the 
law’s threat. 
Ignorance of the law has ever been held to be no de- 
fence for crime. 
One who really did not know of the law he was viola- 
ting, should he be excused ? 
2. All who would be in any degree influenced by the 
law’s threat, or whom it would or might deter. 
a. Do not threats of personal harm oftentimes deter 
the insane, from acts not necessarily wrong, but which 
influence their conduct ? 
b. Are not the insane influenced by threats of punish- 
ment, by mechanical restraints, solitary confinement* 
placing in undesirable wards, etc. ? 
c. Baron Bramwell claims that because the insane in RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
11 
asylums, can be influenced by threats in the control 
of their conduct, or by what .nay be called asylum dis- 
cipline, that they are under the law’s threat, and 
therefore responsible. 
I concede that they are constantly so influenced, but 
where does this lead to ? Not necessarily to responsibility. 
Would Baron Br am well say, that under the law of 
England, an incurable lunatic, an inmate of an asylum, 
should be hung, for the homicide of a keeper, physician, 
or even another inmate ? Has such a thing hap- 
pened ? Can it occur ? Yet the law threatens him. 
He knows right from wrong, and knows he is doing 
wrong, and he is influenced by, and is under the threat 
of the law, if Baron Bramwell is correct. 
It is a question of degree, this power of the will. A 
homicidal or suicidal lunatic, threatened with a straight 
jacket by his keeper, or with hyosciamus by a physician, 
might be able to abstain from a given line of forbid- 
den conduct, in an asylum, and yet be wholly unable to 
resist killing another in the one case, or himself in the 
other, if the watch upon him was intermitted an instant. 
d. The ability to comprehend the law’s threat, must be 
considered in connection with, and in relation to the will 
power of the lunatic, to resist or overcome the impulse 
or delusion. 
Does the delusion dominate the will ? Could he help 
it ? should be the question. 
Baron Bramwell, in the Dove case, whom he describes 
as “undoubtedly of questionable sanity;” and in an- 
other as “ such a madman as Dove,” is reported to have 
himself suggested as a test, “ Could he help it?” a much 
better and safer one, than that propounded in his 
paper, and nearer the true meaning of the English law. 
What are legal punishment for offences ? How insti- 12 
RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
tuted, how justified? Human society has always justi- 
fiably exercised the right, of regulating human conduct, 
bylaws enacted under regular forms for punishing offend- 
ers. The theory is that majorities must rule. 
The protection of the rights of man, involves and 
necessitates punishment for human wrongs. 
No one doubts the right of society, to take a human 
life as penalty for murder. 
Society has the same right to execute an insane man, 
as a sane. I speak in the sense of power or authority. 
The North American savage, killed the insane on the 
theory, that he was of no further use to himself or the 
tribe. 
It is said that the Chinese kill the hopelessly insane. 
A homicidal lunatic at large is a popular danger. So- 
ciety would be justified in passing laws, to execute 
every insane person or to place under restraint every 
insane member, if the requisite majority of the law- 
making power, united in believing that the general wel- 
fare of the State, would be thus benefited. It is com- 
mon to say this doctrine is barbarous. It is, perhaps, bar- 
barous for the law to hang a man, sometimes, bloody, 
hideous, ghastly. It is still the laic. 
I quite agree with the Baron, in what he says about 
the object of punishment, “ The law does not punish for 
revenge, but for prevention.” “Punishment is not 
threatened out of revenge or spite.” Society could 
never justify itself, in taking a human life, in any retali- 
atory spirit, or in the slightest sense of vindictive repara- 
tion, or expiation for crime. No writer has in our day, 
claimed that. 
How far the insane person had the actual power to 
resist, was conscious of the nature of the act, threatened 
by the law, and to some extent even influenced by it, RECENT JUDICIAL DEPARTURE IN INSANITY CASES 
13 
would be a safer legal test than the one proposed by the 
Baron, who considers that under the latter, most cases of 
offenses by the acknowledged insane, would be followed 
by conviction and punishment. There is not, but if 
there was, there should be nothing in the law of Eng- 
land, that would force us to such an attitude, towards 
that unfortunate class, whom the Earl of Shaftesbury 
so well described, as the most unfortunate because the 
most friendless of the human race. 
All men who reflect, or examine the insane know, 
that a very large per cent, of the inmates of Insane Hos- 
pitals, including all who have any glimmer of reason 
often know right from wrong, the nature and degree 
of punishment for crimes, and yet no one would, in 
the nature of things, recognize such a test, in case of 
homicides occurring among the inmates of asylums, nor 
do the judges pretend to do so, in either country, in that 
class of cases, where the offences were committed in the 
institutions for the insane. 
The practical enforcement, of such a test of responsi- 
bility for the insane, as that stated in the answers of 
the English judges, was followed by the conviction in 
the American states, of many confessedly insane persons, 
their frequent execution, creating public excitement 
and distrust, of our criminal procedure, in the popular 
mind. 
The whole path of judicial decisions during, the last 
part of the present century, is illustrated by rows of 
scaffolds,—a reproach upon our civilization,—on which 
have perished the insane, convicted by juries, under the 
direction of judges, who made knowledge of right and 
wrong, the test of criminal responsibility ! 
The judiciary in some of the American states, realizing 
the evil, commenced to grapple, with the issue. 14 
RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
In New Hampshire Judge Doe wrote a masterly opin- 
ion of the Court, in State vs. Pike, repudiating the rule 
of the McNaghten Case (4!) N. H., p. 399), (50 N. H., 369). 
And similar decisions followed in Kentucky (Kriel vs 
Com., 5, Bush (Ky.), 302), Smith vs. Com., 1 Duv. (Ky.), 
224) ; in Virginia (Dejarnette vs. Com., 75 Va., 876 ; in 
Mississippi (Cunningham vs. State, 56 Miss., 269); in 
Connecticut (State vs. Johnson, 40 Conn., 136), Anderson 
vs. State, 43 Conn. 514); in Iowa (State vs. McWhorter, 
46 Iowa, 88), State vs. Feltes, 35 Iowa, 68) ; in Illinois 
(Hopp vs. People, 31 111., 385); in Indiana (Bradley vs. 
State, 31 Ind., 492) ; in Texas (Harris vs. State, 18 Tex. 
Court of Appeals, 87) ; in Pennsylvania (Coyle vs. Com., 
100 Pa., p. 573); in Georgia (Roberts vs. State, 3 Ga., 
310) ; in Massachusetts (Com. vs. Rogers, 7 Mete., 500.) 
In England the conviction of men confessedly insane, 
under the charge of judges, insisting upon the right and 
wrong tests, and notably the later cases of Goldstone 
and Cole, led to such excitement in the public mind, 
that the execution of the insane, thus convicted was 
finally averted by a medical inquiry, after sentence, 
under the authority of the Home Secretary, and the un- 
fortunates were placed in Broadmoor Asylum for what 
are called insane criminals, during her majestys pleasure. 
In America they were usually executed, as in cases 
of Guiteau, Dr. Beach, Taylor and others in Pennsyl- 
vania, the executives sometimes, not being willing, to 
institute the necessary medical inquiry after conviction, 
though the law provided for it, in nearly all cases. 
In New York, however, Governor Hill has always 
instituted the medical inquiry after conviction, if any 
doubt or question existed, though in Pennsylvania Gov- 
ernor Pattison refused such an application, in case 
of Beach though strongly urged, and high medical RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
15 
authority pronounced him insane, and probably wholly 
unconscious when committing the act. The President of 
the United States, did not authorize such an inquiry 
in case of G-uiteau, which is a source of regret. The 
post-m )rtem demonstrated his insanity, which post- 
mortems frequently do not establish where insanity 
really exists. The writer heard Guiteau’s address to the 
jury on the trial, in which he laughed, shed tears, sang 
poetry, acting like an insane person, strongly indicating 
that he had lost will power, and was dominated by 
his delusion. 
A high medical authority states, that in England, 
these judicial scandals, are now substantially averted, 
by an instruction given from the Home Office to Govern- 
ment counsel, in the criminal courts, to institute an in- 
quiry in every case, where there is any reason to suspect 
insanity exists, or will be pleaded; to be conducted by the 
judges before the trial, by the examination of leading 
and acknowledged competent medical experts, and that 
in consequence, we are not likely to see insane persons 
executed, except very rarely, in that country, under the 
present law ; but in our own country, in more than half 
the states, the right and wrong test is still in force, and 
the insane are constantly convicted, and often executed. 
Two notable events have occurred recently, bearing 
directly upon these questions, so important in their in- 
fluence and consequences, that I have felt it a matter of 
duty, to call the attention of the Medico-Legal Society to 
them, and through the press to the notice of the scientific 
world, as reflecting the progress or evolution of Ameri- 
can judicial thought, upon this subject. 
The first was the case of Parsons, tried in the State of 
Alabama, for murder, and the latter the case of Daly, 
tried recently in the District of Columbia, for the same 
offense. 16 
RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
I submit the opinion of the Supreme Court of last 
resort in Alabama, as furnished me by Judge H. M. 
Somerville, a member of the Medio Legal Society, re- 
garding it as I do, as the most able and scholarly recent 
review of the question, without remark, except to say ; 
that the decision of this case repudiates the rule in 
McNaghten case in Alabama, where hitherto it had ob- 
tained, and adds that state to the list of American States 
where it no longer is followed. 
Judge Somerville for many years has been a mem- 
ber of the Board of Managers of the Alabama State 
Hospital for the Insane at Tuscaloosa, and has a per- 
sonal and practical knowledge of the insane, which 
eminently fits him for the careful examination of this 
subject, which the opinion adopted by the court exempli- 
fies. 
PARSONS v. STATE; SUPREME COURT OF ALABAMA.—OPIN- 
ION OF SOMERVILLE, J. 
Indictment for Murder. 
1. Insanity as a defense; proper rale of legal responsibility.—The capacity to 
distinguish between right and wrong, either abstractly or as applied to the 
particular act, as a legal test of responsibility for crime, is repudiated by 
the more advanced authorities, legal and medical, who lay down the fol- 
lowing rules which the court now adopts: (1), where there is 'no such 
capacity to distinguish between right and wrong, as applied to the particular 
act, there is no legal responsibility; (2), where there is such capacity, a 
defendant is nevertheless not legally responsible, if, by reason of the duress 
of mental disease, he has so far lost the power to choose between right and 
wrong, as not to avoid doing the act in question, so that his free agency was 
at the time destroyed; and, at the same time, the alleged crime was so 
connected with such mental disease, in relation of cause and effect, as to 
have been the product or offspring of it solely. 
2. Delusional insanity; the same rule.—The same rule applies to delusional 
insanity, and necessarily conflicts with the old rule laid down by the 
English Judges, in McNaghten's Case, that, in ca,e of delusion, the de- 
fendant “ must be considered in the same situation as to responsibility, as 
if the facts with respect to which the delusion exists were (The 
4th head-note in Boswell's Case, 63 Ala. 308, on this point pronounced 
obiter dictum.) 
3. Insanity as a disease; questionfor jury.—The existence or non-existence 
of the disease of insanity, such as may fall within the above rule, is a RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
17 
question of fact to be determined in each particular case by the jury, 
enlightened if necessary, by the testimony of experts. 
4. Same; burden of proof; reasonable doubt.—When insanity is set up as a 
defense in a criminal case, it must be established to the satisfaction of the 
jury by a preponderance of the evidence and a reasonable doubt of the 
defendant’s sanity, raised by all the evidence, does not justify au 
acquittal. 
5 Special venire; and service of copy on defendant.—Under the provisions 
of the act approved February 17, 1885, regulating the drawing and sum- 
moning of jurors (Acts Ala. 1884-85, pp. 181-87), the special venire for a 
capital case consists of the regular jurors for the week, and the additional 
jurors (not being less than twelve nor more than twenty-four) drawn by 
the presiding judge in open court; an l a copy of the names of these jurors 
being served on the defendant, it is no objection that some of them were 
not then summoned, or were not summoned at all. 
6. Non-experts as witnesses in insanity cases.—The rule on this subject, 
stated Ford's Case, 71 Ala. 385, adhered to, that while non-experts may give 
their opinions, on the question of the defendant’s alleged insanity, such 
opinions must first be prefaced by a statement of the facts upon which it is 
based. 
Appeal from City Court of Birmingham. 
Tried before the Hon. H. A. Sharpe. 
The indictment in this case charged that the defendants, Nancy J. Par- 
sons and Joe Parsons, unlawfully and with malice aforethought, killed 
Bennett Parsons by shooting him with a gun. 
On said trial the evidence, on behalf of the State, tended to show, that the 
defendants, Joe Parsons and Nancy J. Parsons, murdered Bennett Parsons 
on January 31, 1885, by shooting him with a gun. 
The evidence on behalf of defendants tended to show, that defendant, 
Joe Parsons, was, at the time of said killing, and had always been an idiot; 
and that defendant, Nancy Parsons, was, at the time of said killing, insane; 
that the act of Naney, assisting in the killing of deceased, was the result of 
an insane delusion, that deceased possessed supernatural power to afflict her 
with disease, and power, by means of a supernatural trick, to take her life; 
that deceased by means of such supernatural power, had caused said Nancy 
to be sick and In bad health for a long time, and that her act at the time of 
said killing, in assisting therein, was under the insane delusion that she was 
in great danger of the loss of her life from deceased, to be effected by a 
supernatural trick The defendant, Nancy, was the wife of deceased, and 
defendant, Joe, was his daughter. The evidence also tended to show in- 
sanity for two generations, in the families of said defendants. 
The defendant, Joe, offered to prove by Mrs. James Nail, that “ she had 
known Joe Parsons from her infancy, that she has been idiotic all her lift*, 
and she is idiotic now, and that she has seen her frequently during her 
acquaintance with her, and has often conversed with her.” The tetate 
objected to the introduction of said evidence, which objection the court 
sustained, and defendants excepted. 
The Court, ex mero motu, charged the jury that, “ When insanity is relied 
on as a defense to crime, and such insanity consists of a delusion merely. 18 
RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
and the defendant is not shown to be otherwise insane, then such delusion 
is no justification or excuse of homicide, unless the perpetrator was insanely 
deluded into the belief of the existence of a fact or state of facts which, if 
true, would justify or excuse the homicide under the law applicable to sane 
persons.” The defendants duly excepted to the giving of this charge. 
The court gave the following, among other charges, at the request of the 
Sta'e, to which defendants duly excepted : 
“ 2. It is only insanity of a chronic or permanent nature, which, on being 
proved, is presumed to continue; there is no presumption that fitful and 
exceptirnal attacks of insanity are continuous.” 
“5. If the jury believe from all the testimony that the defendants at the 
time of the killing, were in such a state of mind as to know, that the act they 
w re committing was unlawful and morally wrong, they are responsible as 
a sane person, if the jury believe they committed the act with which they 
are charged.” 
The defendants asked the following charges, in writing, which the court 
refused to give, and to which rulings of the court exceptions were duly 
reserved. 
“ 6. In order to constitute a crime the accused must have memory and in- 
telli ence sufficient to know, that the act she is about to commit is wrong, to 
remember and understand that if she commits the act she will be punished, 
and besides th s, reason and will to enable her to comprehend and clioo-e 
between the supposed advantage at the gratification to be obtained by the 
criminal act, and the immunity from punishment which she will secure by 
abstaining from it.” 
“8. If the jury believe from the evidence that the prisoners or ei’her of 
them, was moved to action by an insane impulse controlling their will or their 
judgment, then they are, or the one so affected, is, not guilty of the crime 
charged.” 
“ 12. If the jury believe from the evidence, that the prisoners committed 
the act in a manner wh ch would be criminal and unlawful, if they were 
sane, the verdict should be “ not guilty,” if the killing was an offspring or 
product of mental disease in the prisoner. 
The jury, on their retirement, found the defendants guilty of murder in 
the second degree, and this appeal is prosecuted from the judgment rendered 
on such finding. 
Smith & Lowe and Wm. Bethea, for appellants. 
T. N. McClellan, Attorney-General, contra. 
Somerville, J.—In this case the defendants have been convicted of 
the murder of Bennett Parsons, by shooting him with a gun, one of the de- 
fendants being the wife, and the other the daughter of the deceased. The 
defense set up in the trial was the plea of insanity, the evidence tending to 
show, that the daughter was an idiot, and the mother and wife a lunatic, 
subject to insane delusions, and that the killing on her part was the off- 
spring and product of those delusions. 
The rulings of the court raise some questions of no less difficulty than of 
interest, for, as observed by a distinguished American judge, “of all medi- 
co-legal questions, those connected with insanity are the most difficult and RECENT JUDICIAL DEPARTURE IN INSAN1TV CASES. 
19 
perplexing ”—Per Dillon, C. J., in State v. Fetter, 35 Iowa, 67. It has 
become of late a matter of comment among intelligent men, including the 
most advanced thinkers in the medical and legal professions, that the de- 
liverances of the law courts, on this branch of our jurisprudence have not 
heretofore been at all satisfactory, either in the soundness of their theories, 
or in their practical application. The earliest English decisions, striving 
to establish rules and tests on the subject, including alike the legal rules of 
criminal and civil responsibility, and the supposed tests of the existence of 
the disease of insanity itself, are now admitted to have been deplorably er- 
roneous, and to say nothing of their vacillating character, have long since 
been abandoned. The views of the ablest of the old text writes and sages 
of the law were equally confused and uncertain in the treatment of these 
subjects, and they are now entirely exploded. Time was in the history of 
our laws, that the veriest lunatic was debarred from pleading his providential 
affliction as a defence to his contracts. It was said, in justification of so ob- 
surd a rul >, that no one could be permitted to stultify himself by pleading 
his own disability. So great a jurist as Lord Coke, in his attempted class- 
ification of madmen, laid down the legal rule of criminal responsibility to 
be, that one should “ whol'y have lost his memory and understanding ; ” as 
to which Mr. Erskine, when defending Iladfiekl for shooting the King, in 
the year 1800, justly observed: “No such madman ever existed in the 
world.” After this great and historical case, the existence of delusion 
promised for a while to become the sole test of insanity, and acting under 
duress of such delusion was recognized in effect, as the legal rule of respon- 
sibility. Lord Kenyon, after ordering a verdict of acquittal in that case, 
declared with emphasis, that there was “ no doubt on earth ” the law was 
correctly stated in the argument of the counsel. But, as it was soon dis- 
covered that insanity often existed without delusions, as well as delusions 
without insanity, this view was also abandoned. Lord Hale had before de- 
clared that the rule of responsibility, was measured by the mental capacity 
possessed by a child fourteen years of age, and Mr. Justice Tracy, and 
other judges, had ventured to decide that, to be non-punishable for alleged 
acts of crime, “ a man must be totally deprived of his understanding and 
memory, so as not to know what he was doing—no more than an infant, a 
brute, or a wild beast.'”—Arnold's Case. 16 How. St. Tr. 764. All these rules 
have necessarily been discarded in modern times, in the light of the new 
scientific knowledge acquired by a more thorough study of the disease of 
insanity. In Bellingham’s Case, decided in 1812, by Lord Mansfield at the 
Old Bailey, (Coll, on Lun. 630), the test was held to consist in a knowledge 
that murder, the crime there committed, was “ against the laws of God and 
nature,” thus meaning an ability to distinguish between right and wrong 
in the abstract. This rule was not adhered to, but seems to have been 
modified so as to make the test ra'hera knowledge of right and wrong as 
applied to the particular act.—Lawson on Insanity, 231, §7 et seq. The 
great leading case on this subject in England, is McNaghlen's case, decided 
1843 before the English House of Lords, 10 Cl. & F. 200 ; s. c., 2 Law son’s 
Cr. Def. 150. It was decided by the Judges in that case, that, in order to 
entitle the accused to acquittal, it must be clearly proved that, at the time 
of committing the offense, he was laboring under such a defect of reason, 20 
RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
from disease of the mind, as not to know the nature and quality of the act 
he was doing, or, if he did, not to know that what he was doing was wrong. 
This rule is commonly supposed to have heretofore been adopted by this 
court, and has been followed by the general current of American adjudi- 
cations.—Boswell v. The State, 63 Ala. 307 ; s. c., 35 Amer. Rep. 20; s. c., 
2 Lawson’s Cr. Def. 352 ; McAllister v. State, 17 Ala. 434; Lawson on In- 
sanity, 219-221, 231. 
In view of these conflicting decisions, and of the new light thrown on the 
disease of insanity, by the discoveries of modern psychological medicine, 
the courts of the country may well hesitate, before blindly following in the 
unsteady footsteps found upon the old sandstones of our common law jur 
isprudence a century aco. The trial court, with prudent propriety, fol 
lowed the previous decisions of this court, the correctness of which, as to 
this subject, we are now requested to review. We do not hesitate to say 
that we reopen the discussion of this subject with no little reluctance, 
having long hesitated to disturb our past decisions on this branch of the law. 
Nothing could induce us to do so, except an imperious sense of duty, which has 
been excited by a protracted investigation and study, impressing our minds 
with the conviction, that the law of insanity as declared by the courts on 
many points, and especially the rule of criminal accountability, and the 
assumed tests of disease, to that extent which confers legal irresponsibility, 
have not kept pace with the progress of thought and discovery, in the 
present advanced stages of medical science. Though science has led the 
way, the courts of England have declined to follow, as shown by their ad- 
herance to the rulings in McNagliten's case, emphasized by the strange de- 
claration made by the Lord Chancellor of England, in the House of Lords, 
on so late a day as March 11, 1862, “that the introduction of medical 
opinions and medical theories into this subject, has proceded upon the 
vicious principle of considering insanity as a disease ! ” 
It is not surprising that this state of affairs has elicited from a learned law 
writer, who treats of this subject, the humiliating declaration, that, under 
the influence of these ancient theories, “the memorials of our jurispru- 
dence are written all over with cases, in which those who are now under- 
stood to have been insane, have been executed as criminals.’-—1 Bisli. Cr. 
Law (7th Ed.), § 390. There is good reason, both for this fact, and for the 
existence of unsatisfactory rules on this subject. In what we say wre do 
not intend to give countenance to acquittals of criminals, frequent exam- 
ples of which have been witnessed in modern times, based on the doctrine 
of moral or emotional insanity, unconnected with mental disease, which is 
not yet sufficiently supported by psychology, or recognized by law as an 
excuse for crime.—Boswell's case, supra; 1 Whar. Cr. Law, (9th Ed.), £43. 
In ancient times, lunatics were not regarded as “ unfortunate sufferers 
from disease, but rather as subjects of demoniacal possession, or as self- 
made victims of evil passions.” They were not cared for humanely in 
as3rlums and hospitals, but were incarcerated in jails, punished with chains 
and stripes, and often sentenced to death by burning or the gibbet. When 
put on their trial, the issue before the court then was not as now. If ac- 
quitted, they could only be turned loose on the community, to repeat their 
crimes without molestation or restraint. They could not be committed to 21 
RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
hospitals, as at the present day, to be kept in custody, cared for by medical 
attention, and often cured. It was not until the beginning of the present 
century, that the progress of Christian civilization asserted itself by the ex- 
posure of the then existing b rbarities, and that the outcry of philanthro- 
pists, succeeded in eliciting an investigation of the British Parliament look- 
ing to their suppression. Up to that period the medical treatment of the 
insane is known to have been conducted upon a basis of ignorance, inhu- 
manity, and empiricism.—Arner. Cyclop., Ycl. 9 (1S74), title Insanity. 
Being punished for wickedness, rather than treated for disease, this is not 
surprising. The exposure of these evils not only led to the establishment of 
that most beneficient of modern civilized charities—the Hospital and Asy- 
lum for the Insane—but also furnished hither o unequalled opportunities to 
the medical profession, of investigating and treating insanity on the patho- 
logical basis, of its being a disease of the brain. Under these new and more 
f ivorable conditions the medical jurisprudence of insanity has assumed an 
entirely new phase. The nature and exciting causes of the disease, have 
been thoroughly studied and more fully comprehended. The result is that 
the “ right and wrong test,” as it is sometimes called, which, it must be re- 
membered, itself originated with the medical profession, in the mere dawn 
of the scientific knowledge of insanity, has been condemned by the great 
current of modern medical authorities, who believe it to be “ founded on an 
ignorant and imperfect view of the disease.” Encyc. Brit. Yol. 15 (9th 
Ed.), title, Insanity. 
The question then presented seems to be, whether an old rule of legal re- 
sponsibili’y shall be adhered to, based on theories of physicians promul- 
gated a hundred years ago, which refuse to recognize any evidence of in- 
sanity, except the single test of mental capacity to distinguish right and 
wr>>ng-—or whether the courts will recogni/.e as a possible fact, if capable of 
proof by clear and satisfactory testimony, the doctrine, now alleged by 
those of the medical profession who have made insanity a special subject 
of investigation, that the old testis wrong, and that there is no single test by 
which the existence of the disease, to that degree which exempts from pun- 
ishment, can in every case be infallibly detected. The inquiry must not be 
unduly obstructed by the doctrine of stare decisis, for the life of the common 
law system and the hope of its permanency, consist largely in its power of 
adaptation to new scientific discoveries, and the requirements of an ever 
advancing civilization. There is inherent in it the vital principle of juri- 
dical evolution, which preserves itself by a constant struggle for approxi. 
mation to the highest practical wisdom. It is not like the laws of Medes 
and Persians, which could not be changed. In establishing any new rule, 
we should strive, however, to have proper regard for two opposite aspects 
of the subject, lest, in the wo: Is of Lord Hale, “ on one side, there be a 
kind of inhumanity towards the defects of human nature ; or, on the other, 
too great indulgence to great crimes.” 
It is everywhere admitted, and as to this there can be no doubt, that an 
idiot, lunatic, or other person of diseased hr lin, who is afflicted to such ex- 
tent as not to know whether he is doing right or wrong, is not puuishable 
for any act which he may do while in that state. 
Can the courts justly say, howrever, that the only test or rule of responsi- 22 
recei.t judicial departure in insanity cases. 
bility in criminal cases is the power to distinguish right from wrong, 
whether in the abstract, or as applied to the particular case ? Or may there 
not be insane persons, of a diseased brain, who, while capable of perceiving 
the difference between richt and wrong, are, as matter of fact, so far under 
the duress of such disease as to destroy the power to choose between ri . lit and 
wrong ? Will the courts assume as a fact, not to be rebutted by any 
amount of evidence, or any new discoveries of medical science, that there 
is, and can be no such state of the mind, as that described by a writer on 
psychological medicine as one “ in which the reason has lost its empire 
over the passions, and the actions by which they are manifested, to such a 
degree, that the individual can neither repress the former, nor abstain from 
the latier ? ”—Dean’s Med. Jur. 497. 
Much confusion can be avoided in the discussion of this subject, by sep- 
arating the duty of the jury from that of the court, in the trial of a case of 
this character. The province of the jury is to determine facts, that of the 
court to state the law. The rule in McNaghtens case arrogates to the courts 
in legal effect, the right to assert, as matter of law, the following proposi- 
tions : 
(1) That there is but a single test of the existence of that degree of in- 
sanity, such as confers irresponsibility for crime. 
(2) That there does not exist any case of such insanity, in which that 
single test—the capacity to distinguish right from wrong—does not appear. 
(3) That all other evidences of alleged insanity, supposed by physi- 
cians and experts, to indicate a destruction of the freedom of the human 
will, and the irresistible duress of one’s actions, do not destroy his mental 
capacity to entertain a criminal intent. 
The whole difficulty, as justly said by the Supreme Judicial Court of 
New Hampshire, is, that ‘‘courts have undertaken to declare that to be law 
which is matter of fad‘‘If,” observes the same court, “the tests of in- 
sanity are matters of 1 iw, the practice of allowing experts to testify what 
they are should be discontinued ; if they are matters of fact, the judge 
should no longer testify without being sworn as a witness, and showing 
himself to be qualified to testify as an expert.—State v. Pike, 49 N. II. 399. 
We first consider what is the proper legal rule of responsibility in criminal 
cases. 
No one can deny that there must be two constituent elements of legal 
responsibility in the commission of every crime, and no rule can be just 
and reasonable which fails to recognize either of them: (1). Capacity of 
intellectual discrimination ; and (2). Freedom of will. Mr. Wharton, after 
recognizing this fundamental and obvious principle, observes: “If there 
be either incapacity to distinguish betwreen right and wrong as to the par- 
ticular act, or delusion as to the act, or inability to refrain from doing the 
act, there is no responsibility.”—l Wliar. Cr Law. (9th ed.), § 33. Says 
Mr. Bishop, in discussing this subj ct: “There cannot be, and there is 
not, in any locality or age, a law punishing men for wThat they cannot 
avoid.”—1 Bish. Cr. Law. (7th ed ), § 3836. 
If, therefore it be true, as a matter of fact, that the disease of insanity 
can, in its action on the human brain, through a shattered nervous organi- 
zation or in any other mode, so affect the mind as to subvert the freedom RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
23 
of the will, and thereby destroy the power of the victim, to choose between 
the right and wrong, although he perceive it—by which we mean the 
power of volition to adhere in action to the right, and abstain from the 
wrong—is such a one criminally responsible, for an act done under the 
influence of such controlling disease ? We clearly think not, and such, we 
believe to be the just, reasonable and humane rule, towards which all the 
modern authorities in this country, legislation in England, and the laws of 
other civilized countries of the world, are gradually, but surely te.nding, as 
we shall further on attempt more fully to show. 
We next consider the question as to the probable existence of such a disease, 
and the test of its presence in a given case. 
It will not do for the courts to dogmatically deny, the possible existence 
of such a disease, or its pathological and psychical effects, because this is a 
matter of evidence, not of law, or judicial cognizance. Its existence, and 
effect on the mind and conduct of the patient, is a question of fact to be 
proved, just as much as the possible existence of cholera or yellow fever 
formerly was, before these diseases became the subjects of common knowl- 
edge, or the effects of delirium from fever, or intoxication from opium and 
alcoholic stimu'ants would be. The courts could, with just as much pro- 
priety, years ago, have denied the existence of the Copernican system of 
the universe, the efficacy of steam and electricity as a motive power, or the 
possibility of communication in a few moments between the continents of 
Europe and America by the magnetic telegraph, or that of the instantan- 
eous transmis ion of the human voice, from one distant city to another by 
the use of the telephone. These are scientific facts, first discovered by 
experts, before becoming matters of common knowledge. So, in like 
manner, must be every other unknown scientific fact, in whatever profes- 
sion or department of knowledge. The existence of such a cerebral dis- 
ease, as that which we have described, is earnestly alleged by the superin- 
tendents of insane hospitals, and other experts, who constantly have 
experimental dealings with the insane, and they are permitted every day to 
so testify before juries. The truth of their testimony, or what is the same 
thing, the existence or non-existence of such a disease of the mind-by 
which we of course mean, disease of the brain affecting the mmd—in each 
particular ca-e, is necessarily a matter for the determination of the jury 
from the evidence. 
So it is equally obvious that the courts can not, upon any sound principle, 
undertake to say, what are the invariable or infallible tests of such disease. 
The attempt has been repeatedly made, a"d has proved a confessed failure 
in practice. “ Such a test,” says Mr. Bishop, “ h"as never been found, not 
because those who have searched for it have not been able and diligent, 
but because it does not exist.”—1 Bi»h. Cr. Law. (7th ed ), § 381. In this 
conclusion, Dr. Ray, in his lea rned work on the Medical Jurisprudence of 
Insanity, fully concurs. Ray s Med. Jur. Ins., p. 89. The symptoms aDd 
causes of insanity are so variable, and its pathology so complex, that no two 
cases may be just alike. “The fact of its existence,” says Dr. Ray, “is 
never established by any single diagnostic symptom, but by the whole body 
of symptoms, no particular one of which is present in every case.”—Ray's 
Med. Jur- of Ins. § 24. Its exciting cau es being moral, psychical, and 24 
RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
physical, are the especial subject of specialists’ study. What effect may 
be exerted on the given patient by age, sex, occupation, the seasons, per- 
sonal surroundings, hereditary transmission, and other causes, is the sub- 
ject of evidence based on investigation, diagnosis, observation, and experi- 
ment. Peculiar opportunities, never before enjoyed in the history of our 
race, are offered in the present age for the ascertainment of these facts, by 
the establishment of asylums for the custody and treatment of the insane, 
which Christian benevolence and statesmanship have substituted for jails 
and gibbets. The testimony of these experts—differ as they may in many 
doubtful cases—would seem to be, the best which can be obtained, however 
unsatisfactory it may be in some respects. 
In the present state of our law, under the rule in McNaghien's case, we 
are confronted with this practical difficulty, which itself demonstrates the 
defect of the rule. The courts in effect charge the juries, as matter of law, 
that no mental disease exists, as that often testified to by medical writers, 
superintendents of insane hospitals, and other experts—that there can be as 
a matter of scientific fact no cerebral defect, congenital or acquired, which 
destroys the patient's power of self-control—his liberty of will and action— 
provided only he retains a mental consciousness of right and wrong. The 
experts are immediately put under oath, and tell the juries just the contrary 
as matter of evidence ; asserting that no one of ordinary intelligence can 
spend an hour in the wards of an insane asylum, without discovering such 
cases, and in fact that “the whole management of such asylums presupposes 
a knowledge of right and wrong on the part of their inmates.”—Guy & F. 
on Forensic Med. 220. The result in practice, we repeat, is that the court? 
charge one way, and the jury, following an alleged higher law of humanity 
find another, in harmony with the evidence. 
In Bucknill or Criminal Lunacy, p. 59, it is asserted as “the result oi 
observation and experience, that in all lunatics, and the most degradec 
idiots, whenever manifestation of any mental action can be educed, the 
feeling of right and Wrong may be proved to exist.” 
“ With regard to this test,'’ says Dr. Russell Reynolds, in his work on 
“ The Scientific Value of the Legal Tests of Insanity,” p. 34 (London, 1872), 
“ I may’ say, and most emphatically, that it is utterly untrustworthy, be 
cause untrue to the obvious facts of Nature.” 
In the learned treatise of Drs. Bucknill and Tuke on “ Psychological 
Medicine.” p. 269 (4lli ed. London, 1879), the legal tests of responsibility 
are discussed, and the adherence of the courts to the right and wrong 
test is deplored as unfortunate, the true principle being stated to be 
“ whether, in consequence of congenital defect or acquired disease, the 
power of self-control is absent altogether, or is so far wanting as to render the 
individual irresponsible.” It is observed by the authors : “As has again 
and again been shown, the unconsci rnsness of right and wrong is one thing, 
and the powerlessness through cerebral defect or disease to do right is 
another. To confound them in an asylum would have the effect of trans- 
ferring a considerable number of the inmates thence to the treadmill or the 
gallows.” 
Dr. Peter Bryce, Superintendent of the Alabama Insane Hospital for 
more than a quarter of a century past, alluding to the moral and discipline RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
25 
treatment to which the insane inmates are subjected, observes : “ They are 
dealt vith in this institution, as far as it is practicable to do so, as rational 
beings ; and it seldom happens that we meet with an insane person who 
cannot be made to discern, to some feeble extent, his duties to himself and 
others, and his true relations to society.’’ Sixteenth Annual Rep. Ala. 
Insane IIosp. (1876), p. 23 ; Biennial Rep. (1886), pp. 12-18. 
Other distinguished writers on the medical jurisprudence of insanity 
have expressed like views, with comparative unanimity. And no where do 
we find the rule more emphatically condemned, than by those who have the 
practical care and treatment of the insane, in the various lunatic asylums of 
every civilized country. A notable instance is found in the following reso- 
lution unanimously passed at the annual meeting of the British Association 
of medical-officers of Asylums and Hospitals for the Insane, held in London, 
July 14 1864, where there w re present fifty-four medical officers: 
Resolved. That so much of the legal test of the mental condition of an 
alleged criminal lunatic, as renders him a responsible agent, because he 
knows the difference between right and wrong, is inconsistent with the fact, 
well known to every member of this meeting, that the power of distinguish- 
ing between right and wrong, exists very frequently in those who are un- 
doubtedly insane, and is often associated with dangerous and uncontrol- 
lable delusions.” Judicial Aspects of Ins. (Ordronaux, 1877), 423-424. 
These testimonials as to a scientific fact, are recognized by intelligent 
men in the affairs of every day business, and are constantly acted on by 
juries. They cannot be silently ignored by judges. Whether established 
or not, there is certainly respectable evidence tending to establish it, and 
this is all the courts can require. 
Nor are the modern law writers silent, in their disapproval of the alleged 
test under discussion. It meets with the criticism or condemnation of the 
most respectable and advanced in thought among them, the tendency 
being to incorporate in the legal rule of responsibility “ not only the knowl- 
edge of good and evil, but the power to choose the one, and refrain from the 
other.” Btowne’s Med. Jur. of Insanity. §§ 13 et seq., § 18 ; Ray’s Med. 
Jur., §§ 16-19 ; Whart. & Stiles’ Med. Jur. §59; 1 AYhari. Or. Law (9th 
ed.), §§ 33, 43, 45 ; 1 Bish Cr. Law (7th ed.), § 386 et seq.; Judicial As- 
pects of Insanity (Ordronaux). 419; 1 Greenl. Ev. § 372; 1 Steph. Hist. Cr. 
Law, § 168 ; Amer. Law. Rev. Vol. 4 (1869-70), 236 et seq. 
The following practicable suggestion is made in tin able treatise of Bal- 
four Browne above alluded to : “ In case of alleged insanity, then,” he says, 
“ if the individual suffering from enfeeblement of intellect, delusion, or any 
other form of mental aberration, was looked upon as, to the extent of this 
delusion, under the influence of duress (the dire duress of disease), and in 
so far incapacitated to choose the good and eschew the evil, in so far, it seems 
to us,” he continues, ‘-would the requirements of law be fulfilled; and in 
that way it would afford an opening, by the evidence of experts, for the 
proof of the amount of self-duress in each individual case, and thus alone 
can the criterion of law and the criterion of the inductive science of medical 
psychology be made to coincide.” Med. Jar. of Ins. (Browne), § 18. 
This, in our judgment, is the practical solution of the difficulty before us, 
as it preserves to the courts and judes, respectively, a harmonious field for 
the full assertion of their time honored functions. 26 
RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
So great, it may be added, are the embarrassments growing out of the old 
rule, as expounded by the judges in the House of English Lords, that, in 
March, 1874, a bill was brought before the House of Commons, supposed to 
have been drafted by the learned counsel for the Queen, Mr. Fitzjames 
Stephen, which introduced into the old rule, the new element of an ab- 
sence of the power of self-control, produced by diseases affecting the mind, 
and this proposed alteration of the law was cordially recommended by the 
late Chief Justice Cockburn, his only objection being that the principle was 
proposed to be limited to the case of homicide.—1 Whart. Cr. Law (9th ed.), 
§ 45, p. 63, note 1 ; Browne’s Med. Jur. of Ins., § 10, note 1. 
There are many we 1 considered cases which support these views. 
In the famous case of Hadfield, 27 How. St. Tr. 1282, s. c. 2 Lawson’s Cr. 
Def. 201-215, who was indicted and tried for shooting the King, and who 
was defended by Mr. Erskine in an argument most able and eloquent, it 
clearly appeared that the accused understood the difference between right 
and wrong as applied to the particular act. Yet he labored under the 
delusion, that he had constant intercourse with the Divine Creator; that the 
world was coming to an end, and that, like Christ, he must be sacrificed for 
its salvation. He was so much under the duress of the delusion that he 
“ must be destroyed, but ought not to destroy himself,” that he committed 
the act for the spec fic purpose of being arrested and executed. He was 
acquitted on being tried before Lord Kenyon, and, no one ever doubted, 
justly so. 
The case of United States v. Lawrence, 4 Cr. C. C. Rep. 518, tried in 1835, 
presen'ed another instance of delusion, the prisoner supposing himself to be 
the King of Eng'and and of the United States, as an appendage of England, 
and that General Jackson, then President, stood in his way in the enjoy- 
ment of the right. Acting under the duress of this delusion, the accused 
assaulted the President by attempting to shoot him with a pistol. He was, 
in five minutes, acquitted by the jury on the ground of insanity. 
The case of the United States v. Guiteau, 10 Fed. Rep. 161, s. c., 2 Law- 
son’s Cr. Def., 162, is still fresh in cotemporary recollection, and a men- 
tion of it can scarcely be omitte 1 in the discussion of the subject of insanity. 
The accused was tried, sentenced, and executed for the assassination of 
James A. Garfield, then President of the United States, which occurred in 
July, 1881. The accused himself testified that he was impelled to commit 
the act of killing by inspiration from the Almighty, in order, as he de- 
clared, “ to unite the two factions of tin Republican party, and thereby 
save the government from going into the hands of the ex-rebels and their 
Northern allies.” There was evidence of various symptoms of mental un- 
soundness, and some evidence tending to prove such an alleged delusion, 
but there was also evidence to the contrary, stongly supported by the most 
distinguished experts, and looking to the conclusion, that the accused enter- 
tained no such delusion, but that, being a very eccentric and immoral man, 
he acted from moral obliquity, the nrubid love of notoriety, and with the 
expressed hope that the faction of the Republican party, in whose interest he 
professed to act, would intervene to protect him. The case was tri d before 
the United States District Court, for the District of Columbia, before* Mr. 
Justice Cox, "whose charge to the jury is replete with interest and learning. RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
27 
While he adopted the right and wrong test of insanity, he yet recognized 
the principle, that, if the accused in fact entertained an insane delusion, 
which was the product of the disease of insanity, and not of a malicious 
heart and vicious nature, and acted solely under the influence of such de- 
lusion, he could not be charged with entertaining a criminal intent. An 
insane delusion was defined to be “ an unreasoning and incorrigible belief 
in the existence of facts, which are either impossible absolutely, or impossi 
ble under the circumstances of the individual,” and no doubt the case was 
largely determined, by the application of this definition by the ju y. It 
must ever be a mere matter of speculation, what influence may have been 
exerted upon them by the high personal and political significance of the 
deceased, as the Cftief Magistrate of the Government, or other peculiar sur- 
roundings of a partisan nature. The ca-e in its facts is so peculiar, as 
scarcely to serve the purpose of a useful precedent in the future. 
We note other adjudged cases, in this country, which support the modern 
rule for which we here contend, including one decided in England as far 
back as 1840, often referred to by the text writers. In Bex v. Oxford, 2 C. 
& P., 225, Lord Denman clearly had in mind this principle, when, after 
observing that one may commit a crime and not be responsible, he used this 
significant language: “If some controlling disease was in truth the acting 
power within him, which he could not resist, then he will not be responsible.” 
The accused in that case acted under the duress ot a delusion of an insane 
character. 
In State v. Felter, 35 Iowa, 68, the capacity to distinguish between right 
and wrong was held not to be a safe test of criminal responsibility in all 
cases, and it was accordingly decided, that, if a person commit a homicide, 
knowing it to be wrong, buv. do so under the influence of an uncontrollable 
and irresistible impulse, arising not from natural passion,but from an insane 
condition of the mind, he is not criminally responsible. “ If,” said Chief 
Justice Dillon, “ by the observation and concurrent testimony or medical 
men who make the study of insanity a specialty, it shall be definitely estab- 
lished to be true, that there is an unsound condition of the mind, that is, a 
diseased condition of the mind, in which, though a person abstractly knows 
that a given act is wrong, be is yet, by an insane impulse, that is, an impulse 
proceeding from a disea-ed intellect, irresistibly driven to commit it—the 
law must modify its ancient doctrines and recognize the truth, and give 
to this condition, when it is satisfactorily shown to exist, its exculpatory 
effect.” 
In Hopps v. People, 31 111. 385, which was an indictment for murder, the 
same rule was recognized in different words. It was there held, that if, at 
the time of the killing, the defendant was not of sound mind, but affected 
with insanity, and such disease was the efficient cause of the act, operating to 
create an uncontrollable impulse, so as to deprive the accused of the power 
cf volition in the matter, and he would not have done the act but for the 
existence of such condition of mind, he ought to be acquitted. 
Tn Bradly v. State, 31 Ind. a like modification of the old rule was 
announced, tho court observing : *• Men under the influence of disease, may 
know the right, and yet be powerless to resist the wrong. The well known 
exhibition of cunning, by persons admitted to be insane, in the perpetration 28 
RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
of an illegal act, would seem to indicate comprehension of its evil nature 
and legal consequences, and yet the power of self-control being lost, from 
disease, there can be no legal responsibility.” 
In Harris v. State, 18 Tex. Ct. App. 87, s. c. 5 Amer. Cr. Rep. (Gibbons), 
357, this rule was applied to the disease known as kleptomania, which was 
defined as a species of insanity, producing an uncontrollable propensity to 
steal, and it was held, if clearly established by the evidence, to constitute a 
complete defense in a trial for theft. 
The State v. Pike, 49 N. H. 399, was an indictment for murder, to which 
the plea of insanity was set up as a defense. It was held to be a question 
of fact for the jury to determine ; (1), whether there was such a mental dis- 
ease as dipsomania, which is an irresistible craving f(fr alcoholic liquors, 
and (2), whether the act of killing was the product of such disease. One of 
the most instructive discussions on the law of insanity, which can be found 
in legal literature, is the learned opinion of Mr. Justice Doe in that case.— 
Lawson on Insanity, p. 311-312 ; 2 Lawson’s Or. Def. 311 et seq. 
This ruling was followed by the same court in Stale v. Jones, 50 N. H. 
369, s. c., 9 Amer. Ren. 242, which was au indictment charging the defend- 
ant v itlx murdering his wife. The evidence tended to show that the de- 
fendant was insane, and killed her under the delusive belief, that she had 
been guilty of adultery with one French. The rule in McNagliten s case, 
was entirely repudiated, both on the subject of the right and wrong test, 
and that of delusions, and it was held that the defendant should be ac- 
quitted, if he was at the time afflicted with a disease of the mind of such 
char icter as to take away the capacity to entertain a criminal in'ent, and 
that there could be no crimiual intent imputed, if, as a matter of fact, the 
evidence shoved that the killing was the offspring or product of such 
disease. 
Numerous other cases could be cited bearing on this particular phase of 
the law, and supporting the above views with more or less clearness or 
statement. That some of these cases adopt the extreme view, and recogniz e 
moral insanity as a defense to crime, and others adopt a measure of proof 
for the establishment of insani'y more liberal to the defendant than our own 
rule, can neither lessen their weight as authority, n<'r destroy the force of 
their logic. Many of them go further on each of these points than this 
court has done, and are, therefore, stronger authorities than they would 
otherwise be in support of our views.—Uriel v. Com. 5 Bush. (Ky.), 362 ; 
Smith v. Com., 1 Duv. (Ky.), 224 ; Dejarnette v. Com., 75 Va., 867,' Coyle v. 
Com, 100 Penn. St., 57-1; Cunningham v. State, 56 Miss., 269 ; Com. v 
Rogers, 7 Mete.. 500 ; State v. Johnson. 40 Conn., 136 ; Anderson v. State, 43 
Conn., 514, 525; Buswell on Ins , § 439 et seq.; Slate v. McWhorter, 46 Iowa, 
88. 
The law of Scotland is in accord with the English law on this subject, as 
might well be expected. The criminal Code of Germany, however, con 
tains the following provision, which is said to have been the formulated re- 
sult of a very able discussion both by the physicians and lawyers of that 
country. “There is n> criminal act, when the actor at the t me of the 
offense is in a state of unconsciousness or morbid disturbance of the mind, 
through which the free determination of his will is excluded.”—Eucyc. Brit. (9th 
ed.), Yol. 9, i'. 112 ; citing Grim. Code of Germany (5 51, It G. B.). RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
29 
The Code of France provides : “ There can be no crime or offense if the 
accused was in a state of madness at the time of the act.” For some time 
the French tribunals were inclined to interpret this law in such a manner 
as to follow in substance the law of England. But that construction has 
been abandoned, and the modern view of the medical profession, is now 
adopted in that country. 
It is no satisfactory objection to say that the rule above announced by us 
is of difficult anp'ication. The rule in McNaghten’s case, supra, is equally 
obnoxious to a like criticism. The difficulty does not lie in the rule, but is 
inherent in the subject of insanity itself; the practical trouble is for the 
courts to determine in what particular cases the party on trial is to be trans- 
ferred, from the category of sane to that of insane criminals—where, in other 
words, the border line of punishability is adjudged to be passed. But, as 
has been said in reference to an every day fact of nature, no one can say 
where twilight ends or begins, but there is ample distinction, nevertheless, 
between day and night. We think we can safely rely in this matter upon 
the intelligence of our juries, guided by the testimony of men, who have 
practically made a study of the disease of insanity; and enlightened by a 
conscientious desire, on the one hand, to enforce the criminal laws of the 
land, and on the other, not to deal harshly with any unfortunate victim of 
a diseased brain, acting without the light of reason, or the power of 
volition. 
Several rulings of the court, including especially the one given ex mero 
motu, and the one numbered five, were in conflict with this view, and for 
these errors the judgment must be reversed. The charges requested by de- 
fendant were all objectionable on various grounds. Some of them were im- 
perfect statements of the rules above announced ; some were argumentative, 
and others were misleading, by reason of ignoring one or more of the essen- 
tials of criminal irresponsibility as explained in the foregoing opinion. 
It is almost needless to add that where one does not act under the duress 
of a diseased brain, or insane delusion, but from motives of anger, revenge 
or other passion, he can not claim to be shielded from punishment for crime, 
on the ground of insanity. Insanity proper, is more or less a mental de- 
rangement, coexisting often, it is true, with a dis'urbance of the emotions, 
affections and other moral powers. A mere moral or emotional insanity, 
so-called, unconnected with disease of the brain, or irresistible impulse re- 
sulting from mere moral obliquity, or wicked propensities and habits, is 
not recognized as a defense to crime in our courts.—1 Whar, Cr. Law (9th 
ed.), § 46 ; Boswell v. State, 63 Ala. 307, 35 Amer. Rep. 20 ; Fordv. State, 71 
Ala., 385. 
The charges refused by the court raise the question as to how far one 
acting under the influence of an insane delusion, is to be exempted from 
criminal accountability. The evidence tended to show, that one of the de- 
fendants, Mrs. Nancy J. Parsons, acted under the influence of an insane 
delusion, that the deceased, whom she assisted in killing, possessed super- 
natural power, to afflict her with disease and take her life by some “ super- 
natural trick;” that by means of such power the deceased had caused de- 
fendant to be in bad health for a long time, and that she acted under the 
belief, that she was in great danger of the loss of her life, from the conduct 
of deceased, operating by means of such snpernatural power. 30 
RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
The ru'e in McNaghlen's case, as decided by the English judges, and sup- 
posed to have been adopted by this court, is that the defense of insane de- 
lusion, can be allowed to prevail in a criminal case, only when the imaginary 
state of facts would, if real, justify or excuse the act; or, in the language 
of the English judges themselves, the defendant “must be considered in 
the same situation as to responsibility, as if the facts, with respect to which 
1ha delusion exists, were real.”—Bosicell's case, 63 Ala. 307. It is apparent 
from what we have said, that this rule cannot be correct as applied to all 
cases of this nature, even limiting it as done by the English judges, to cases 
where one “ labors under partial delusion, and is not in other respects in- 
sane.”—McNagliten’scase, 10 Cl. & P. 200; 6. c., 2 Lawson's Cr. Def. lftO. 
It holds a partially insane person as responsible as if he were entirely sane, 
and it ignores the possibility of crime being committed, under the duress of 
an insane delusion operating upon a human mind, the integrity of which is 
destroyed or impaired by disease, except perhaps, in cases where the imag- 
inary state of facts, if real, would excuse or justify the act done under their 
influence.—Field's Med. Leg, Guide, 101 104 , Guy & F. on Forensic Med. 
220. If the rule declared by the English judges be correct, it necessarily 
follows, that the only possible instance of excusable homicide, in cases of 
delusional insanity would be, where the delusion, if real, would have been 
such, as to create, in the mind of a reasonable man, a just apprehension of 
imminent peril to life or limb. The person ,1 fear or timid cowardice of the 
insane man, although created by disease acting through a prostrated 
nervous organization, would not excuse undue precipitation of action 
on his part. Nothing would justify assailing his supposed adversary, ex- 
cept an overt act, or demonstration on the part of the latter, su< h as, if the 
imaginary facts were real, would under like circumstances, have justified 
a man perfectly sane in shooting or killing. If he dare fail to reason, on 
the supposed facts embodied in the delusion, as perfectly as a sane man 
could do on a like state of realities, he receives no mercy at the hands of the 
law. It exacts of him the last pound of flesh. It would follow also, under 
this rule, that the partially insane man, afflicted with delusions, would no 
more be excusable than a sane man would be, if, perchance, it was by bis 
fault the difficulty was provoked, whether by " ord or deed ; or, if, in fine, 
he may have been so negligent, as not to have declined combat when he 
couhl do so safely, without increasing his peril of life or limb. If this has 
been the law heretofore, it is time it should be so no longer. It is not only 
opposed to the known facts of modern medical science, but is a hard and 
unjust rule to be applied, to the unfortunate and providential victims of 
disease. It seem to be little less than inhumane, and its strict enforcement 
would probably transfer a large percentage of the inmates of our Insane 
Hospital, from that institution to hard labor in the mines, or the penitentiary. 
Its fallacy consists in the assumption, that no other phase or delusion, pro- 
ceeding from a diseased brain, can so destroy the volition of an insane per- 
son as to render him powerless to do, what he knows to be right, or to avoid 
doing what he may know to be wrong. This inquiry, as we have said, and 
here repeat, is a question of fact for the determination of the jury in each 
particular case. It is not a matter of law to be decided by the courts. We 
think it sufficient if the insane delusion—by which we mean the delusion RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
31 
proceeding from a diseased brain affecting the mind—sincerely exists at the 
time of committing the alleged crime, and the defendant believing it to be 
real, is so influenced by it, as either to render him incapable of perceiving 
the true natu: e and quality of the act done, by reason of the depravation of the 
reasoning faculty, or so subverts his will, as to destroy his free agency by 
rendering him powerless to resist by reason of the duress of the disease In 
such a case, in other words, there must exist either one or two conditions : 
(1). Such mental defect as to render the defendant unable to distinguish 
between right and wrong in relation to the particular act; or 2). the over- 
mastering of defendant’s will in consequence of the insane delusion under 
the influence of which he acts, produced by disease of the mind or brain.— 
Rex v. Hadfield, 37 How. St. Tr. 1282, s. c., 2. Lawson’s Cr. Def. 201; 
Roberts v. State, 3 Ga. 310; Com. v. Rogers, 7 JUetc. 500 ; State v. Windsor, 
5 Harr. 512; Buswell on Insanity §§ 434 and 440 ; Amer. Law Review, 
Vol. 4 (1869-70) pp. 236-252. 
In conclusion of this branch of the subject, that we may not be mis- 
understood, we think it follows very clearly from what we have said, that 
the inquiries to be submitted to the jury then, in every criminal trial where 
the defence of insanity is interposed, are these : 
1. Was the defendant at the time of the commission of the alleged crime, 
as matter of fact, afflicted with a disease of the brain affecting the mind, so as 
to be either idiotic, or otherwise insane ? 
2. If such be the case, did he know right from wrong as applied to the 
particular act in question ? If he did not have such knowledge, he is not 
legally responsible. 
3. If he did have such knowledge, he may nevertheless not be legally 
responsible if the two following conditions concur : 
(1.) If, by reason of the duress of such mental disease, he had so far 
lost the power to choose between the right and the wrong, and to avoid doing 
the act in question, as that his free agency was at the time destroyed. 
(2.) And if, at the same time, the alleged crime was so connected with such 
menial disease, in the relation of cause and effect, as to have been ihe pro- 
duct of it solely. 
The rule announced in Boswell's case, 63 Ala. 308 supra, as stated in the 
fourth head note, is in conflict with the forgoing conclusions, and to that 
extent is declared incorrect, and is not supported by the opinion in that 
case otherwise than by dictum. 
We adhere, however, to the rule declared by this court, in Boswell’ case, 
supra, and followed in Ford's case, 71 Ala. 385, holding, that when insanity 
is set up as a defence in a criminal case, it must be established to the satis- 
faction of the jury, by a preponderance of the evidence ; and a reasonable 
doubt of the defendant’s sanity, raised by all the evidence, does not author- 
ize an acquittal. 
There was no error in overruling the objection taken by the defendants 
to the copy of the venire, or list of jurors, served on them. The act ap- 
proved February 17, 1885, (Acts 1884-85, pp 181. 185, Sec. 10), regulating 
the organization of juries, applies to this case, and provides that the 
names of the jurors so drawn,” in accordance with section 10 of the act, 
together with the panel, of thirty-six jurors provided for by section 9, 32 
RECENT JUDICIAL DEPARTURE IN INSANITY C ASES. 
“ shall constitute the venue,” from which the jurors to try capital cases shal 1 
be selected. —Acts 188-1-85, pp. 185-186 Tin* rule on this subject declared 
in Posey's case, 73 Ala. 490, and Shelton's case, Id. 5, lias no applica' ion 
under this act. These cases construe Section 4872 of the Code, which con- 
tains different language from the law here construed. 
Under the rule announced in Fordv. State, 71 Ala., 385, 397, and authori- 
ties there ci'ed, there was no error in excluding the proposed statement of 
Mrs. Nail. This testimony was defective, in not being preceded more fully 
by the facts and circumstances, upon which the opinion of the witness, as 
to the sanity of the accused was predicated, the witness not being an expert. 
—Rogers on Expert Test., § 61. 
The other rulings of the court need not be considered by us 
The judgment is reversed and the cause remanded. In the meanwhile 
the prisoners will be held in custody until discharged by due process of law. 
Stone, C. J., dissents, in part, and expresses his own views in a separate 
opinion. 
Through the courtesy of Judge Montgomery, one of 
the judges of the Supreme Court, of the District of Co- 
lumbia and also member of the Medico-Legal Society, I 
am enabled to furnish a brief resume of the case of John 
Daley, recently ttied there, with a copy of that judge’s 
charge to the jury. 
PEOPLE VS. DALEY—SUPREME COURT, WASHINGTON, D. C., 
RESUME OF THE CASE. 
Montgomery, Judge. 
About five o’clock in the afternoon of the 13th of July 
1887, Joseph C. G. Kennedy, an old and respected citi- 
zen of Washington, left his real estate office, near N. W. 
corner of Fifteenth street and New York Avenue, N. W., 
went diagonally across Fifteenth street to the N. E. cor- 
ner of these two streets, and there deposited in a P. O. 
Box, some mail. He immediately turned around and 
started to retrace his steps. 
At this instant a man slapped him on the back with 
his hand. Kennedy turned around almost involunta- 
rily, and that instant, as he faced this man, he was 
stabbed with a long-bladed shoe knife, which almost lit- 
erally disemboweled him. CHIEF-JUSTICE CHAS. B. ANDREWS, of Conn RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
33 
He sunk to the pavement crying for help, and in three 
minutes he was dead. The crowd collected rapidly, and 
as they began to gather the man walked coolly away. 
Some one in the crowd walked up, took hold of him, 
and demanded to know, why he struck the blow. He re- 
plied, in substance, that they would see in due time. 
Of course, he was arrested and indicted. He proved 
to be one, John Daley, who, with his father before him, 
was an old citizen of Washington. 
The father had been dead for several years, and the 
son (the defendant), had been to some extent a wanderer, 
and a vagabond. 
He had spent one or more seasons in the almshouse, 
and had only been discharged therefrom the day next 
preceding the homicide. 
When arraigned, he had no counsel, and no means 
with which to employ legal assistance. The Court as- 
signed for his defense, Thos. N. Miller and Howard Clay- 
gett, Esq. 
On the 3d day of January, 1888, the case was called 
for trial. 
After considerable trouble, a jury was secured, and 
the following day the trial began. A. S. Worthington, 
Esq., District Attorney, assisted by A. A. Lipscomb, Esq., 
one of his assistants, conducted the prosecution. 
The case was conducted with much skill and ability on 
both sides. 
The defense relied entirely, on the alleged mental in- 
competency of the defendant. 
On the trial it appeared that, many years before, he 
had voluntarily gone to live, at some Catholic Institution 
at or near Philadelphia. 
That he took with him all his savings, amounting to 
a few hundred dollars. 34 
RECENT .JUDICIAL DEPARTURE IN INSANITY CASES. 
That he remained there, serving in some humble ca- 
pacity for several years, when he voluntarily left, and 
that ever since he had, on occasions, and whenever he 
had an auditor, told that the “brotherhood” had poi- 
soned and tried to rob him, and that he suffered con- 
stantly from the effects of this poison. This was agreed 
on all hands, to be an hallucination and nothing else. 
It also appeared, that the father of the defendant, 
years ago, had had dealings with Mr. Kennedy, and 
that since his death the son made claim, that the father 
had been cheated, or that something was due him at his 
death, which Mr. Kennedy failed or refused to pay to the 
defendant. It was further shown that, some months 
before the killing, the defendant met on the streets old 
Mr. Elliott, and assaulted him. When arrested and in- 
terrogated, his excuse was that he, Elliott, looked like 
one of the “ Catholic brotherhood.” 
Doctors Godding and Chapin, who had examined de- 
fendant, at the request of the public prosecutors, testi- 
fied that he was undoubtedly laboring under hallucina- 
tions, and explained fully the effects of such hallucina- 
tions. 
The trial was finished and given to the jury, on the 
12th day of January. 
The following is the charge of the trial j udge to the 
jury: 
United States Supreme Court, District of Columbia. 
PEOPLE VS. DALEY, MONTGOMERY, J. 
Gentlemen of the Jury: 
The defendant, John Daley, stands charged with the murder of 
Joseph C. G-. Kennedy. The indictment alleges that the crime was 
committed on the 13th day of July, 1887. 
The law, in its wisdom and humanity, provides for and demands in 
nehalf of every man who may be charged with a violation of its 
criminal provisions, a fair and impartial trial, by a jury of his coun- RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
35 
trymen, and this species of trial is declared to have “ ever been looked 
upon as the glory of the English law,” and “ ever esteemed in all 
countries a privilege of the highest and 4 most beneficial Nature.’” 
It is in obedience to this demand of the law, that you have been 
called here from your respective avocations, impanelled and sworn 
“ well and truly to try ” this most important case. 
At the outset I feel impelled to especially enjoin upon you, the 
imperative duty which you owe to the government and to the defend- 
ant respectively, of giving this case, all its circumstances, and all 
the testimony, a careful, thorough, and exhaustive examination. 
When you get the case and retire to your room for consultation, all 
the testimony which has been given on the trial should be carefully 
and conscientiously examined, scrutinized, and weighed before you 
shall attempt to reach a final conclusion. 
I think it well also to remind you here and now, of a fact which should 
constantly be borne in mind by you during your deliberations and it 
is this : the law imposes in cases of this character duties equally 
grave and equally responsible upon the Court and upon the jury, 
respectively. These duties, however, are wholly different ones. It 
is the province of the court to admit for the consideration of the jury 
all proper, competent leg tl evidence which may be offered. It is also 
the province and duty of the court to finally, as I am now attempting 
to do, instruct the jury in relation to the law, which should govern 
their deliberations and their determinations of the facts. With this, 
the important duties of the Court, so far as the trial is concerned, 
ceases, and the pre-eminently important duty of the jury begins.! 
The Court has no right, and has no desire to trespass upon the 
domain vhich belongs exclusively to you. The jury are the sole, 
only, and responsible judges of the facts, and upon these facts the 
Court must not have, and has not, any opinion to express or intimate. 
The jury should receive and regard the instructions which the 
Court gives them concerning the law, but when they come to a con- 
sideration of the facts, and when they come to determine the truth 
in the light of these instructions, and of the evidence which has been 
given in open Court their prerogative is absolute. 
You will see, therefore, gentlemen of the jury, that upon you in 
this case rests a very grave and very serious responsibility. I enjoin 
upon you that it be fairly met, and that your duty be discharged, no 
matter what result you may reach. After a careful, thorough, and 
conscientious deliberation your verdict should be fearlessly and hon- 
estly pronounced. You stand charged with a solemn responsibility 
to the government and to the defendant, respectively. If within the 
instructions, which I shall hereafter give you, you shall reach the 
conclusion that the defendant is guilty of the crime laid to nis charge, 
you will meet your responsibility and pronounce your verdict without 
hesitation. If, on the other hand, after an exhaustive examination 
shall have been made, you shall be of the opinion that the charge 36 
RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
has not been established to your satisfaction, beyond the reasonable 
and rational doubt, to which I shall hereafter advert, you will as fear- 
lessly and promptly acquit the defendant. I remind you heie that in 
all criminal trials, the prosecution must prove the truth of the charge 
alleged against the defendant. 
At the outset, and when the trial begins, the law presumes the de- 
fendant to be innocent, and the burdeu of overcoming tnis presump- 
tion by proof rests upon the prosecution. The government, the 
prosecution, must not only establish the case, which they present for 
your consideration, by a preponderance of proof, but you should, 
after looking over the entire case and all the testimony on both sides, 
and after a careful examination of all of it, reach the conclusion 
beyond a reasonable doubt, that the defendant is guilty, or he should 
be acquitted. 
I mean to sav that in this case, if the jury should, after a careful 
consideration of the testimony, and of all the facts and circumstances 
involved in and surrounding it, still entertain a reasonable, rational 
doubt, such a doubt as would deter the juror from embarking in an 
important enterprise, which he may contemplate in his own behalf, 
such doubt would entitle the defendant to acquittal. 
The term “reasonable doubt”, as applied to this class of cases, is 
not very difficult to understand. Every intelligent man will under- 
stand at once what is meant, when told that a conclusion should not 
be acted upon, unless he has reached that belief beyond a reasonable 
doubt. It is said to be “ a fair doubt ” growing out of the testimony 
in the case. * It is not a mere imaginary capricious, or a possible 
doubt, but a fair doubt based upon reason and common sense. It is 
such a doubt as may leave your minds, after a careful examination of 
all the evidence in the case, in that condition that you cannot say 
that you have an abiding conviction to a moral certaintv, of the truth 
of the charge ”, (proof to a moral certainty as distinguished from 
absolute certainty.) 
And now, gentlemen, having said thus much in advance of the time 
and order in which such instructions are perhaps usually given, I pro- 
ceed to present for your consideration what I have to say about this 
case. You have already been reminded that the defendant stands 
charged with the murder of Joseph C. G. Kennedy. On the part of 
the prosecution it is claimed that the defendant, during a consider- 
able portion of the afternoon of the 13th day of July last, was lurk- 
ing about or in the vicinity of the place where 15th Street, Northwest, 
intersects New York Avenue in ihis city; that he was, in fact, lying 
in wait for the deceased with the intent to take his life, when he 
should encounter him and get the opportunity. It is further claimed 
by the prosecution that Mr. Kennedy left his office, which is said to 
be situated on the west side of 15th Street, and near the corner of 
New York Avenue, aud proceeded to the northeast corner of these 
two streets, where he deposited in a letter box at that point some RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
37 
mail; and as he turned to retrace his steps or cross the street the 
defendant approached, followed behind, and overtook him; that he 
touched him on the shoulder, or on the back with his hand; that at 
the touch, Mr. Kennedy turned around, when defendant instantly 
struck him a blow, or stabbed him, with the knife which has been 
exhibited here, inflicting a serious and mortal wound, from which he 
expired on the spot where he was struck, and in a very few minutes 
thereafter. This is substantially the claim on the part of the prose- 
cution. I do not understand that the fact of the homicide, the fact 
that Mr. Kennedy met his death at the hands of the defendant at the 
time and place, as claimed by the prosecution, is denied or disputed 
on the part of the defense. It is claimed, however, that the defend- 
ant was not waiting or watching for Mr. Kennedy, but that he was 
lying in wait for Dr. Elliott, if for anybody, with whom he had had a 
previous encounter. It is also urged on the part of the defense that 
the defendant was at that time in such a mental condition as to be 
legally irresponsible, criminally, for his acts. Or, in other words, 
that he was then, and that, indeed, he still is, an insane man. And 
here I advise you, as I have been requested by counsel for the 
defendant, that the question of insauity when interposed in a crim- 
inal case as a defense is entitled to be considered, and should be de- 
termined, with the same conscientious care and entire impartiality as 
any other legitimate defense. 
I do not regard it necessary to attempt to explain to the jury 
the various instances in which the fact of mental irresponsibility 
in one or the other of its various conditions may or should excuse a 
person charged with crime from the consequences of a criminal act. 
Indeed, I have little doubt that such an attempt would serve rather 
to confuse than enlighten the jury in this case. I shall therefore 
confine myself to an attempt to explain to the jury so much of the 
law relating to this question of mental irresponsibility, in its relation 
to defenses in cases of charges of murder, as may be applicable to 
this case and no more. 
You will remember, gentleman, that the defendant stauds charged 
with the crime of murder. This crime is defined to be ‘k the unlawful 
killing of a reasonable creature in being (a human being) by a person 
of sound mind and discretion, with malice aforethought.” If, there- 
fore, in this case, the homicide, the fact of the killing, lias been 
established to your satisfaction ; that t'ie deceased was killed by the 
defendant, that he stabbed him purposely and deliberately with the 
knife, as claimed, and with the intent to take his life; and that the 
blow, the stab inflicted upon the deceased, did result; in his death, 
then prima facie, (presumptively) the case, the charge of murder is 
made out, and you should turn vour attention to the defense. 
It may be improper for me to again say here that I do not under- 
stand that anv of these facts, to which your attention has just been 
invited, are controverted or disputed. At the threshold of this ques- 38 
RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
tion, I advise you that jorima facie, in the absence of any proof to the 
contrary, the law presumes every person of sound mind. So pre- 
suming, as a matter of course, where an act of this kind, committed 
m this in inner, is established, the case of the government is prima 
facie made out, and it rests with the defense, if insanity or mental 
irresponsibility be asserted, to offer proof upon this subject. That is 
to say, had this case stopped, had the proof closed when the 
government rested its case with no fact proven, except the time, 
place, and m inner of the killing, then the defendant in the ab- 
sence of any proof on the subject must have been presumed saue (of 
sound mind), and must have been held responsible for what he did. 
This being the law, it hardly needs be said that it follows logically 
and naturally that where the defense rests, in whole or in part, upon 
the alleged fact, that the defendant is not mentally responsible, 
then the onus, the burden rests on the defense, of first offering 
proof on this subject (of mental capacity) and to show that the 
defendant was mentally irresponsible, or at least that there is a 
grave, serious, reasonable doubt upon the subject. When they, the 
defense have done this, when they have fairly shown prima facie that 
the defendant’s mental condition was such as to render him criminally 
irresponsible, then the onus, the burden shifts upon the prosecution, 
and it is then for it, the prosecution to show that the mental irrespon- 
sibility, the mental affliction did not exist, or that if it did, it was not 
of such character or degree as would render him, the defendant, irre- 
sponsible criminally. 
In pursuance of this practice, the prosecution made and rested its 
prima facie case. 
The defense then offered their evidence, and amongst it their proof 
on the subject of mental capacity. 
thereupon the prosecution properly attempted to show in rebuttal, 
what were the actual facts as regards this most important question 
from their standpoint. t 
The case has been exceptionally well prepared, and it has been 
presented on both sides with unusual clearness and ability. Prom the 
beginning, you gentlemen have given careful and patient attention to 
the testimony, and the important questions of fact to which the evi- 
dence has beetf addressed is now for your solution, aided so far as 
may be possible, bv the instructions which the court is able to give 
you concerning the law applicable to them. 
Ac this point I advise you, that the actual mental condition of the 
defendant at the time of the homicide is, so far as it is involved in this 
case, a fact to be submitted to and ascertained by the jury from the 
evidence in the case. “ The state and condition of mind of the de- 
fendant is proved, like other facts, to t e jury.” 
I do not understand that it is claimed by the defense that the de- 
fendant is, or ever was, in a condition of “ frenzy or raving madness.” 
It is claimed, however, I believe, and the defense insist. RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
39 
1st.—That the defendant was on the day of the homicide afflicted 
with a “general deprivation of understanding” or in that condition 
of mind in which the mental powers were wholly perverted or obliter- 
ated. That he was “ incapable of rational action.” 
2d.—Or if not so wholly irresponsible that at least “ the legal and 
true character of the disease, the insanity of mind” with which the de- 
fendant was at the time of the homicide afflicted, was “ delusion,” or 
as the physicians express it, “ illusion ” or “ hallucination.” And it 
is urged that because, or growing out of, the mental condition of the 
defendant, as indicated or evidenced by such delusions, he could not and 
did not “ understand the moral character, the general nature, the conse- 
quences and effect of the act (the homicide) with which he is charged, 
nor exercise his reasoning faculties with respect to it.” Or, 
3d.—That even if not in exactly either condition of mind, which I 
have just described, as the first and second claims respectively of the 
defense, he nevertheless was, because of his meutal condition, be- 
cause of delusions, or because of his mental condition, as evidenced 
or indicated by the delusions, he was impelled to do what he did “by 
an iusaue impulse, which, by reason of his diseased or disordered 
mind, he was unable to resist or control.” 
The defense claim that the evidence in the case establishes, that the 
defendant did, at the time of the homicide, entertain, and had for 
several years theretofore entertained, one or more insane delusions. 
Among them that he ha ! been poisoned at the time and in the manner 
which you have heard detailed, and again that he had for several 
years harbored a delusion respecting some dealings had some years 
ago, between Mr. Kennedy and his father, and about which, after the 
death of the father, the defendant had some interviews or dealings or 
both with the deceased. 
It is also urged that these delusions (as they are alleged to have 
been) were interwoven or connected together, or that at least the 
defendant, in his disordered mental condition, associated the Catholic 
brotherhood, whom he believed had wronged and were pursuing him, 
with Mr. Kennedy the deceased, and with the former dealings. 
Please remember gentlemen that I have not been arraying before 
you ray understanding of the facts, but I have simply stated as well 
as I can. mv understanding of the position of the defense and of their 
theory of the leading facts in the case. 
On the part of the prosecution it is denied : 
1st.—That the defendant is or ever was wholly insane, wholly 
irresponsible, or, 
2d.—That the delusions, if any, which he harbored had any connec- 
tion with the homicide, and 
3d.—It is claimed by the prosecution that the defendant was men- 
tally responsible for crime. That he well understood what he was 
doing, its nature and character, and that it was wromr and criminal, 
and they urge that it was the cool, deliberate work of a man in pos- 40 
RECENT JUDICIVL DEPARTURE IN INSANITY CASES. 
ession of abundant mental capacity to render him responsible for 
his criminal acts, and that, in fact, the homicide was a deliberate, 
wanton murder, the outcome of a settled design to revenge himself 
for a real or fancied injury which he had, or supposed he had, pre- 
viously suffered at the hands of the deceased. 
It is also said by the prosecution, that the defendant was not labor- 
ing under an insane delusion as respects his dealings with Mr. Ken- 
nedy, but that the facts as they existed, and as the defendant under- 
stood them, might naturally induce the belief on his part, that he had 
really been wronged. 
The prosecution do not assert, that he really was wronged by the 
deceased, but they do say, that he was warranted upon a superficial 
view of the facts, as he understood them, in believing that the wrong 
had been done him by Mr. Kennedy. 
Now, gentlemen, as to these positions I advise you— 
1st.—If the defendant was at the time of the homicide wholly in- 
capacitated mentally, a “ mad man,” without intelligent or rational under- 
standing, or in a condition of frenzy or raving madness, I hardly 
need say that he is not responsible for his act. Again, I instruct you 
generally that a defendant charged with murder is not to be held 
responsible when, at the time of the commission of the homicide, 
he was incapable of determining whether the act was right or wrong. ” 
In considering this case, and the defenses which have been presented, 
the jury should consider the following questions: 
1. Was the defendant at the time, the time of the act, as matter of 
fact, afflicted with disease of the mind, was he wholly or partially in- 
sane ? 
2. If he was so afflicted, did he know right from wrong, as applied 
to the homicide in question ? 
If he did have such knowledge, had he, by reason of the duress of 
such mental disease, so far lost the power to choose between the right 
and the wrong, and to avoid doing the act in question, as that his free 
agency was, at the time, destroyed, and if so, was the homicide so 
connected with such mental disease, in the relation of cause and effect, 
as to have been the product of it (the mental disease) solely. If you 
are satisfied from the evidence that the defendant was mentally af- 
flicted, so that he did not know right from wrong, as applied to the 
act, or if he did know, but by reason of the duress, the stress of his 
mental disease (if he had any), he had no power to choose, no power 
to avoid doing what he did, and if the homicide was the product of his 
mental condition solely, or, if by reason of the insane delusions which 
the defendant had been harboring (if any), he had reached that condition 
of mind where the morbid impulse to kill became irresistible, aud existed 
in such violence as to subjugate his intellect, control his will and render 
it impossible for him to do otherwise than to yield and do as he did, then 
he is not to be held accountable. RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
41 
“ If some controlling (mental) disease was in truth the acting power 
within him, which he could not resist, then he will not be re- 
sponsible.” 
“ If a person commit a homicide under the influence of an unaccount- 
able and irresistible impulse, arising not from natural passion, but 
from an insane condition of the mind, he is not criminally re- 
sponsible.” 
On the contrary, if you are satisfied from the evidence that the defend- 
ant was not insane, either wholly or partiallv, that he had no mental af- 
fliction, or if you are satisfied that even though he was to some extent 
alllicted mentally ; that he was, to a degree, mentally unsound, he still 
had sufficient capacity to understand, and did understand, right from 
wrong, as applied to his act, and you are further satisfied that there 
was no such duress, such stress of his mental disease as to render 
him powerless to choose, powerless to avoid doing the act, that his free 
agency was not de-troyed, that the homicide was not the product of his 
mental infirmity (if he had any), then he should be held responsible and 
convicted as indicted. 
“ It is almost needless to add, that where one does not act under the du- 
ress of a diseased mind or insane delusion, but from motives of anger, 
revenge or other passions (understanding the nature and character of the 
act he is about lo do, and that it is wrong), he cannot claim to be shielded 
from punishment for crime, on the ground of insanity.” 
And now, gentlemen, I can sav very little more, to assist you in the 
discharge of your duty, in this most important case. 
It must not be forgotten that cases of this character, are of over- 
whelming importance to the parties charged, as well as to the public 
and to society. 
You will not fail to give to the consideration of this case your best 
efforts and your most faithful and earnest devotion. 
You will not neglect to carefully, scrupulously and faithfully review 
and discuss with each other, all the evidence which has found lodgment 
in your minds, and when, after you shall have done all these things, 
you reach, as you doubtless will, a conclusion, to which you shall all 
be able to agree, you will act upon it and return into court and pro- 
nounce your verdict. 
If upon the whole case, as it has been presented, you shall finally 
entertain a reasonable, rational doubt as to the guilt of the defondant 
of the crime laid to his charge, then he should be acquitted. If you 
are satisfied beyond such doubt that he is guilty, then he should be 
convicted. 
Take the case, go to your room, reach your conclusion in the light 
of the law; return into court and declare the result, and all good 
citizens will respect your determination whatever it may be.” 
The jury found a verdict of not guilty. 42 
RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
The prisoner was acquitted and sent to the Govern- 
ment Hospital for the Insane at Washington, in charge 
of our member, Dr. W. W. Golding, Medical Superin- 
tendent. 
At m/ request, he has furnished me with the following 
statement, of the present mental condition of Daly: 
Government Hospital for the Insane, 
Washington, D. 0., May 2:5, 1888. 
CIjArk Bell, Esq., 
President, Medico-Legal Society, New York: 
My Dear Sir : 
I kerewit.U enclose brief statement of Daley’s condition at present time. 
Yours very truly, W. W. Godding. 
John Daley, a native of Ireland, age about 50, admitted to the Govern- 
ment Hospital for the Insane January 14 1888, by o'der of the Secretary 
cf the Interior, having been found not guilty of the murder of Joseph (J. G 
Kennedy, Esq., of Washington. This by reason of insanity. He lias re- 
mained without apparent change in his mental condition since his admission; 
he is quiet and orderly, and makes no complaints, but manifests evidence of 
delusion d ideas, that are so far controlling ones, that he shows no disposition 
to do anv work, and when asked about himself, calls attention to sores on 
the surface of his body, the result, as he says, of poison. 
I regard the case as one of chronic mania characterized by delusions that 
are fixed, and likely to remain so. Those who are curious in classification, 
ami ambitious to air their nomenclature might ca'l it paranoia, but the con- 
ditions are essentially those, of ehronicinsanity of the ype of mania. 
llis bodily health lias improved some''lia', and he has gained flesh since 
admission to St. Elizabeth. 
W. W. Godding, M.D. 
These two cases, the former a decision of the highest 
Appellate Court in the State of Alabama, and the latter, 
by one of the judges of the Supreme Court of the District 
of Columbia, at the National Capitol, indicate the change 
which is going on. this side the Atlantic in the judicial 
mind. I trust it will in the near future, be universal in the 
American States, and help to lead the way to such legis- 
lation in the English Parliament, as that contained in 
the law, proposed there in March, 18S4, the work of an RECENT JUDICIAL DEPARTURE IN INSANITY CASES. 
43 
eminent English jurist, with the approval of the late 
Chief Justice Cockburx, setting at rest in English speak- 
ing countries a question, so full of interest to every citi- 
zen, and so pregnant with the rights and destiny of the 
insane. NINTH INAUGURAL ADDRESS.* 
Ok Clark Bell, Esq. 
AS PRESIDENT OP THE MEDICO LEGAL SOCIETY. 
Fellows of the Medico-Legal Society : 
I have to thank you for your great partiality and kind- 
ness in again placing me in this chair, with such unan- 
imity, as well as for the kind manner in which you have 
aided the chair in the very important, and responsible 
labors of the year. 
MEMBERSHIP. 
The Roll of Membership of this body, on December 31, 
1887, was 432, composed as follows : Active, 273 ; cor- 
responding, 148 ; honorary, 11. 
Of these, among active members there were : Law- 
yers, 138 ; doctors, 124 ; scientists, 11. 
Of corresponding, there were only 19 lawyers, 119 
physicians, and scientists, 10. Of the honorary mem- 
bers, 5 were legal and 6 medical, making a total of legal, 
163 ; medical, 248 ; scientific, 21. There was upon the 
roll 594 members, on December 31, 1888, of whom 429 
are active, 154 corresponding, and 11 honorary. 
We have elected during the year 163 active and 10 cor- 
responding members, a total of 173, and our present 
active membership is composed among active of : Legal, 
158; medical, 254; scientific, 17. Our corresponding, of 
legal, 20 ; medical, 124, and scientific, 10, with 5 legal 
and 6 medical on the honorary list. 
So that in our total membership at the close of the 
January 9, 1889. Eminent American Alienists and Physicians of the Medico-Legal Society and of thf 
International Congress of Medical Jurisprudence. 
DR. SILAS I). PRESBERY, MARSHALL D. EAV ELL, MI)., 
Ex President Massachusetts Medico-Legal Society. Professor of Medical Jurisprudence. 
Taunton, Mass. Chicago, III 
DR. THOMAS G. MORTON, 
DR. D. R. WALLACE, Chairman Pennsylvania Stale Lunacy Board. DR. MORRIS II. GUTII, 
Superintendent Insane Asylum, Assistant Superintendent State Hos 
Torrall,Texas. pital for Insane, Warren, Pa. 
DR. GEO. D. WILCOX. DR. CEO. E. KEENE, 
Ex-President Rhode Island Medico- Superintendent State Insane Asylum, 
Legal Society, Providence, R. I. Howard. R. I. 
DR. W. THORNTON PARKER, DR M..T WHITE. 
Medical Examiner, DR. WILLIAM F. TAYLOR. Superintendent Insane Asylum 
Newport, R I. Secretary Massachusetts Medico-Legal Society, Wauwatosa, Wis. 
New Beford, Mass. 
DR. R L. PARSONS, DR. FRANK P. NORBURY, 
Superintendent Insane Asylum, Assistant Physician Insane Asylum. 
Sing Sing, N. Y. Jacksonville, III. NINTH INAUGURAL ADDRESS. 
45 
past year, December 31, 1888, we had : Legal, 183 ; med- 
ical, 384, and scientific, 2 i. 
We have lost by death 7 active and i corresponding, 
making a total of 11, and our increase of active and cor- 
responding membership over deaths, resignations and 
suspensions, has been for the year : Active, 156 ; corres- 
ponding, 6. Total, 162. 
NECROLOGY. 
The loss by death among the active members has been 
seven :—Dr. James Craig, of Jersey City; Dr. A. J. 
Chadsey, of New York; Hon. W. A. Dorsheimer, of 
New York; Hon. Chas. Hughes, Sandy Hill, N. Y.; 
Cornelius A. Runkle, Esq., of New York ; M. N. Miller, 
M.D., of New York, formly assistant secretary of the 
society ; Dr. 0. H. Kellogg, of Indiana ; J. E. McIntyre, 
Esq., formly secretary of this society, and late of Cali- 
fornia ; and of the corresponding members, Achille 
Foville, M.D., of France ; J. N. Ramaer, of Holland ; 
Prof. Augustin Andrade, of Mexico ; Dr. Enrique a Fri- 
mont, of Ozuluamo, Mexico. 
THE WORK OF THE YEAR. 
The following papers have been read before the Society 
and many of them published in the Medico-Legal Jour- 
nal : 
“Eighth Inaugural Address,” by Clark Bell, Esq.; 
“Criminal Jurisprudence,” by P. Bryce, M.D.; “Best 
Methods of Executing Criminals,” by J. Mount Bleyer, 
M.D.; “ Hypnotic, Trance and Kindred Phenomena,” by 
E. P. Thwing, M.D.; “ The Menopause in relation to 
Insanity,” by T. R. Buckham, M.D.; “ The Prognosis of 
Pelvic Cellulitis,” by W. Thornton Parker, M.D.; “ Pos- 
sibility of Air in Heart in Infanticide,” by F. W. Hig- 
gins, M.D.; “ The After-death Absorption of Arsenic,” 46 
NINTH INAUGURAL ADDRESS. 
by Geo B. Miller, M.D.; “Report of Committee on Best 
Methods of Capital Punishment”; “Medical Jurispru- 
dence of Inebriety,” by Mary Weeks Burnett, M.D.; 
“American Life as related to Inebriety,” by Edward 
Payson Thwing, M.D.; “ Rape by Boys,” by Daniel Brin- 
ton Esq., of Baltimore ; “A Case of Supposed Abortion,” 
by W. Thornton Parker, M D., of Newport; “Report 
on Nationalization of the Society,” by the President, 
Clark Bell, Esq.; “Is Belief in Spiritualism ever Evi- 
denc of Insanity per se f ” By M. D. Field, M.D.; “The 
Webber Murder Case, in Philadelphia, ” by Wm. Wilkins 
Carr, Esq., of Philadelphia ; “ The New Judicial Depart- 
ure in Insanity Cases,” by Clark Bell, Esq.; “Should 
Inebriates be Punished by Death for Crime ?’’ by T. D. 
Crothers, M.D., of Hartford ; “ Physiology and Psychol- 
ogy of Crime,” by Rev. Wm. Tucker, LL.D., of Ohio; 
“Hypnotism,” by Morris Ellinger, Esq.; “Euthanasia 
in Articulo Mortis,” by E. Payson Thwing, M.D.; “ Testa- 
mentary Capacity in Mental Disease,” by A. Wood Ren- 
ton, Esq., of London ; “ Report of Committee on Execu 
tion by Electricity ” ; “ Death by Electricity in Capital 
Cases,” by Henry Guy Caileton, Esq.; “Circumstantial 
Evidence in Poisoning Cases,” by John Il.Wigmore, Esq. 
NATIONALIZATION OF THE SOCIETY. 
By far the most important of the labors of the Society 
during the past year has been that of assuming the 
national character and organization, which the history, 
labors and and traditions of the Society entitled it to 
accept. 
It had for many years represented the best American 
thought, upon Medical Jurisprudence in both profes- 
sions ; it was proper that it should be national and cease 
to be local in its labor. The organic law was amended. NINTH INAUGURAL ADDRESS. 
47 
Members from the various States and Territories, and 
other countries united, and at our recent election, vice- 
presidents of the body were elected from nearly every 
State and Territory in the Union, and from some foreign 
countries and colonies. To this movement so much of 
the time of the chair has been devoted that other inter- 
ests have perhaps suffered for want of proper attention. 
The accessions from other States and countries have 
been very large. It may seem invidious to name par- 
ticular States, but the palm has been closely contested 
by the greatest of the Southern States in territory, Texas, 
and the smaller State of New Hampshire, the latter of 
which has thus far furnished most of our new member- 
ship in proportion to her area and population. For this 
result in New Hampshire, I desire thus publicly to ex- 
press the thanks of the body to United States Senator 
W. E. Chandler, to whose valuable and efficient co-oper- 
ation with the chair this result is largely due, and to Dr. 
T. R. Wallace, of Texas Insane Asylum, and Hon. 
Thomas Ochiltree for the great success in Texas. 
To carry such a work into every State and Territory, 
reaching the more prominent members of the professions 
interested, is no small labor, but the coming year will 
doubtless double our labor of 1888 and make this Society 
one of the most commanding and prominent factors in 
the advancement of Forensic Medicine among civilized 
nations. 
The great success that has attended our labors in this 
respect, is also largely due, and I take pleasure in thus 
acknowledging the very efficient aid of Senator Davis, of 
Minnesota; Senator Beck, of Kentucky ; Governor 
Green, of New Jersey ; ex-Governor Hoyt, of Pennsyl- 
vania ; Judge Somerville, of Alabama ; Judge Montgom- 
ery, of Washington, D. C.; Judge Normile, of Missouri ; 48 
NINTH INAUGURAL ADDRESS. 
Dr. T. R. Buckham, of Michigan ; Dr. Milo A. McLelland, 
of Illinois ; ex-Governor Watson C. Squire, of Washing- 
ton Territory ; Judge Wm. H. Francis, of Dakota ; and 
that distinguished body of Superintendents and assist- 
ant physicians in the Hospitals for the Insane, more 
than thirty two of whom have united with the Society 
during the year that has just closed, and who have with- 
out exception lightened the labors of the chair in this 
regard. 
Too high praise cannot be awarded to the splendid aid 
lent by the public press to the work of this body. The 
New York Herald has given it great attention. The 
New York Tribune has also given our work high endorse- 
ment and praise. The Mail and Express published the 
prize essay of Mr. Wigmore. The New York World 
published the paper of Mr. Carleton. The World and 
Sun have loaned us electrotypes, and the leading jour- 
nals of this city have extended courtesies of great import- 
ance, and are entitled to our thanks. To the Medical 
and Law journals, home and foreign, are we greatly 
indebted for like favors, and it gives me i Jeasure to pub- 
licly return the thanks of this body to the press for its 
cordial aid. 
THE PRIZE ESSAYS. 
Through the generosity of that public-spirited mem- 
ber, Mr. Elliott F. Shepard, and the private contribu- 
tions of a few of our more enterprising members, three 
prizes were offered—one of $100, one of $75 and one of 
$50, for the first, second and third best essay on any sub- 
ject within the domain of medical jurisprudence. 
There were ten papers contributed in competition, 
and the prizes were awarded by a committee composed 
of Ex-Judge Noah Davis, Ex-Judge John F. Dillon, W. NINTH INAUGURAL ADDRESS. 
49 
G. Stevenson, M. D., Stephen Smith, M. D., and E. W. 
Chamberlain, Esq. 
The first prize was awarded to John H. Wigmore, 
Esq., of Boston; the second to J. Hugo Grimm, Esq., of 
St. Louis, and the third to Edward M. Hyzer, Esq., of 
Janesville, Wis. Honorable mention was made of a 
second paper by Mr. Wigmore, one by Prof. Ed. Payson 
Thwing and one by the President of the Society. As it 
will be hardly possible to find space in the Journal for 
all these papers, I recommend that the larger part of 
them be published in book form, under the auspices of 
the Society, if sufficient encouragement is given by 
members towards providing the necessary funds without 
expense to the Society. The three prize essays and 
those receiving honorable mention could be published 
so as to sell to members at cost who subscribed, at 
the nominal sum of $1.00, in cloth, and 50 cents in 
paper ; and, if sufficient members order them, they will 
be published and will form a notable contribution to 
the forensic literature of our times, and add to the good 
work of the Society. 
The success which has attended this effort has been 
such as to warrant its continuance, and I have the honor 
to announce that I will offer in my own name the first 
prize of $100 for the best essay of the ensuing year, 
competition to close September 1, 1889 ; and I do not 
doubt that similar prizes for second and third best essays 
will be provided for same amounts, by subscription, which 
will be shortly sent to a few of the leading public-spirited 
members of the body. 
PUBLICATIONS. 
The Society during the year has published a volume 
on the “ Medical Jurisprudence of Inebriety,” embracing 50 
NINTH INAUGURAL ADDRESS. 
the more notable papers germane to that topic read be- 
fore it, with the discussion upon them. This volume 
has just been issued, and is offered to members at 50 
cents cloth and 35 cents in paper. 
It is a publication which reflects credit upon the So- 
ciety, and is a valuable addition to the literature of our 
era on a topic now engrossing so large a share of public 
attention. 
“Medico-Legal Papers, Series 4,’’ has,progressed, and 
about one-half of the volume of 550 pages is completed. 
Subscriptions to this work, and to “Series 5,” which will 
follow it, come in constantly, which hive been an- 
nounced in the Journal. 
It is only by these subscriptions—at $3.50 cloth, and 
$2.50 paper—that the body has been able to publish 
these valuable papers read before the prior to 
the commencement of the Journal, and the consequent 
preservation and addition of the same to the forensic 
literature of our era. 
“ Medico-Legal Papers, Series 1,” has for some time 
been out of print, the edition being wholly exhausted. 
An effort is now being made to publish another edi- 
tion of “ Series 1,” embellished with portraits and illustra- 
tions, which will be done if those members who have 
not that series in hand cave to subscribe. It can be fur- 
nished at $3.00 in cloth and $2.25 in paper, and if suffi- 
cient members order it, the publication will be com- 
menced without expense to the Society beyond subscrip- 
tion to the usual number of copies for those societies 
and journals to whom it is under obligation to send 
copies of its publications. 
The Medico-Legal Journal has been, perhaps, the 
most important factor in carrying on the work of the 
body. Its circulation has increased and its exchanges NINTH INAUGURAL ADDRESS. 
51 
are now with the best journals of the kindred sciences in 
the world. By it the labors of the body and interest in 
the subjects discussed reach the students, workers and 
thinkers in forensic medicine in all lands. 
The burden and labor of this publication has fallen on 
a few. The members of the Society have been furnished 
with it, at less than its actual cost. The moment the 
finances of the Society will permit, these conditions 
should be changed, and members of the Society who can, 
should aid the Journal in all ways in their power, by 
increasing its subscribers and sending it financial sup- 
port. 
THE LIBRARY. 
The principal contributors to the Library during the 
past year have been our new and our foreign members. 
Some measures should be adopted to place the Library 
on a more firm foundation and to interest members in 
its success. 
The extraordinary duties now imposed upon the Chair 
has prevented that personal attention hitherto given 
this important subject, and some one should volunteer 
to take up this neglected question, and bring the cause of 
the Library to the front. If every member would an- 
nually donate one volume, it would add notably to our 
already valuable collection. 
PROGRESS OF THE SCIENCE 
There is steady growth in this country in medical 
jurisprudence. 
The Medico-Legal Societies of Philadelphia and of 
Chicago are in a most flourishing condition. 
The Medico-Legal Society of Massachusetts and of 
Rhode Island, composed of the Medical Examiners in 
those States, who supersede there the Coroner system, 52 
NINTH INAUGURAL ADDRESS. 
are doing splendid work and awakening interest in 
medico-legal questions. 
In some of the State Medical Societies medical juris- 
prudence is ignored, and in some it is cared for. 
In the associations of the Bar it is almost wholly ig- 
nored. 
In the medical colleges it is, in some cases, given at- 
tention, and in a few of the law schools, but it is a scan- 
dal upon both professions that their schools of law and 
of medicine give so little attention to those subjects 
now so exciting public attention, and which are entitled 
to professional recognition from every point of view. 
The crying evils of our lunacy statutes, everywhere 
acknowledged, and to which attention has been called 
by the Governor of the State, is cause of regret and 
apprehension. 
Various measures for relief have come before the legis- 
lature and the people. Several are now under consid- 
eration. 
It is my deliberate conviction that no sound remedial 
legislation is attainable in the State of New York, except 
by or through a legislative commission, or a commission 
named by the Governor of the State. This has been pre- 
viously urged upon the executive and legislature, by the 
Medico-Legal Society. We trust that the time is near 
at hand when a carefully selected commission will be 
named and charged with the duty of a thorough revision 
of the Lunacy Law of the State. 
LUNACY LEGISLATION. 
JUDICIAL EXECUTIONS BY ELECTRICTY. 
The abolition of hanging as a death penalty has been 
for many years discussed in this body. NINTH INAUGURAL ADDRESS. 
53 
The “ Diagnosis of Hanging,” by Tardieu; “The Death 
Penalty,’’ by Dr. Alonzo Calkins ; a like paper by Prof. 
Packard of Philadelphia, and the recent papers by Dr. 
J. Mount Bleyer and Henry Guy Carleton, Esq., have 
been read before the Society at various times during the 
past fifteen years. 
The committee appointed by the Governor made their 
report upon the subject, January 18, 1888, recommending 
the abolition of hanging, and the substitution of death 
by the electric current. 
The select committee of this Society reported at the 
March meeting, favoring the course recommended by 
the State Commission, and their action was transmitted 
to the legislature soon after by this society. 
The legislsture passed an Act carrying out the lead- 
ing features of the report, and the Governor signed the 
bill which, by its terms, went into operation January 1, 
1889. 
The Medico-Legal Society, on the recommendation of 
the Chair, named a" committee to examine the whole 
subject, conduct experiments with the aid of competent 
electricians, and report for the benefit of the public 
authorities, the best method of carrying this law into 
effect. 
This committee made a report in December, 1888, 
recommending the use of the alternating current, which 
had the endorsement of high electrical authority, was 
approved by the body, and the subject is now under dis- 
cussion in scientific circles throughout the world. 
THE INTERNATIONAL CONGRESS OF MEDICAL JURISPRU- 
DENCE IN NEW YORK. 
Oil the first Tuesday o! June, 1889, there will be held 
in New York, an International Congress of Medical 54 
NINTH INAUGURAL ADDRESS. 
Jurisprudence, to which all scientific bodies and scien- 
tists throughout the world are invited to be present, and 
contribute papers, in any language. 
It will continue four days, and the delegates and 
strangers during the session wil be the guests of the 
Members of the Medico Legal Society. A large attend- 
ance is expected, and already many papers have been 
promised by eminent scientists, home and foreign. A 
volume of the transactions of this Congress will be 
published, to be furnished subscribers in paper cover, 
at $1.50 each; cloth, $2.00. 
The details will be settled by appropriate committees 
to be hereafter announced. 
A Committee on the Legal Requirements of Autopsies 
is nearly ready to report. 
The Committee on Hypnotism is conducting its ex- 
perimental work. 
Committees on Re-Organization of the Morgue ; on 
Criminal Responsibility of Deaf Mutes ; on National and 
State Chemists, and on the “ Comstock Seizures ” have 
not concluded their labors. 
The Committee on Legislation Regarding the Insane, 
will be continued for work during the coming year, as 
to uniformity in laws of the various States, and the 
newly re-organized committees will be announced here- 
after. 
GREAT BRITAIN. 
There has been no especial advance made in Forensic 
Medicine during the past year, nor has any National 
Society been organized in the British Isles. The amend- 
ments to the Lunacy Laws are still pending before the 
English Parliament. NINTH INAUGURAL ADDRESS. 
55 
FRANCE. 
The Medico-Legal Society of France carries forward 
its work with vigor and ability. 
The French Journals are as able and influential as in 
previous years. 
While there is no Society of Medical Jurisprudence 
in any of the German speaking countries, the science 
receives considerable attention from the Societies of 
Psychiatry at Berlin, and at Vienna. Tne Quarterly 
Journal of Medical Jurisprudence in Berlin, and Fred- 
icks Blaater of Legal Medicine at Nuremburg, maintain 
their high standard of excellence. Nearly all the allied 
sciences, and that of law are ably maintained by a great 
body of able Journals in Austria, Bavaria, Germany 
and all the German speaking cities and counties. 
GERMANY AND AUSTRIA 
ITALY 
has no Medico-Legal Society, but it has a large body of 
workers in the science, and the ablest array of Journals 
of any country. 
La Revista Sperimentale di Medicin Legali is a 
standard Journal of the Science, and the Legal, Social 
Medical and Scientific Journals of Italy are second to 
none in the world. 
BELGIUM AND HOLLAND. 
The Society of Mentale Medicine of Belgium and the 
Netherland Society of Psychiatry represent the leading 
work in that branch of medical jurisprudence relating 
to mental medicine. A movement is on foot in Belgium 
to organize both professions into work upon medical 
jurisprudence in a Medico-Legal Society which has the 
favor of medical men there. If the Belgian Bar meets 56 
NINTH INAUGURAL ADDRESS. 
this in the proper spirit it will produce early and good 
fruit for the progress of the cause. 
RUSSIA AND SCANDINAVIA. 
The Society of Psychiatry of St. Petersburg!!, under the 
able presidency of Prof. Mierzejewsky, and the leading 
Russian and Scandinavian journals, keep pace with the 
advance of scientific progress in forensic medicine in these 
countries, which have no journal especially adapted to 
medical jurisprudence except the new one re cently 
started at St Petersburgli, which has not been received 
by us. The journals conducted by Prof. Mierzejewsky 
and Prof. Kowalewsky maintain their high standing. 
SPAIN AND PORTUGAL 
have both made progress. A new journal devoted to 
medical jurisprudence has been commenced at Madrid, 
under the leadership of a prominent lawyer, Signor A. 
M. Alvarez Taladriz, which gives promise of good work, 
while in Portugal a successful journal is conducted by 
Dr. Bettencourt Rodrigues, which is received in ex- 
change for our publications. 
CENTRAL AND SOUTH AMERICA. 
No societies are yet formed in the Central or South 
American countries of the two professions of law and 
medicine, but able journals are published in Cuba and 
elsewhere, mainly on medical topics. Quite a number of 
eminent men in these countries take on interest in our 
labors, and we are extending our membership into these 
fields. 
THE WORK OF THE COMING YEAR. 
The principal effort should he to carry forward with 
energy the work of nationalization of the body, and se- 57 
NINTH INAUGURAL ADDRESS. 
cure members in every State and Territory, and in each 
foreign country and colony, who will be in relation with 
this body and represent the work in every locality, in- 
creasing our membership to at least 1,000 members to 
co-operate in the movements now going forward to 
bring the lunacy laws and other laws of the various 
States into some general system of harmonious working. 
To comp'ete the labors of the various committees of 
the body. 
To devise best plans by which the members in the 
various States and countries can bring questions arising 
in their locality to the attention and action of the body, 
and to develop and increase the public interest in for- 
ensic medicine. 
I renew the recommendations made by me last year 
as to the importance of State and National chemists, 
under the pay of the State or the government, to be at 
the service of accused persons or the government in 
criminal trials. 
I strongly urge the re-organization of the Morgue up- 
on a basis that shall place its administration in charge of 
the most eminent toxicologists and scientists in the city, 
with a well-equipped medical staff; I recommend that 
this body, through an appropriate committee, urge upon 
the medical schools and colleges the urgent need of chairs 
of medical jurisprudence as a feature of medical educa- 
tion, and upon the State Medical Associations the organ- 
ization of a separate section upon forensic medicine. 
Upon the higher universities the great importance of this 
science, and to the National and State Bar Associations 
of the Union the establishment of standing committees 
on that much neglected but essential branch of a com- 
plete legal education, ‘4 Medical Jurisprudence.” I con- 
gratulate the Society upon the wonderful growth and 58 
NINTH INAUGURAL ADDRESS. 
prosperity of the past year, and hope that we may all 
enter with renewed zeal and energy upon the labors of 
another, determined to outstrip the work of the year 
just closed. Dr. VICTOR DESGUIN 
Dr, VLEMINCKX. 
Dr. JULES MOREL. 
Prof. PAUL HEGER. 
Monsieur ALFRED MOREAU. 
Dr. B. C. INGELS. 
Dr. J. A. PEETERS. 
Brother HILDOUARD. 
Dr. SEMAL. 
Dr. F. LENTZ. 
Dr. De CRAENNE. BELGIUM AND HER INSANE INSTITUTIONSA 
By Clakk Bell, Esq. 
President of the Medico-Legal Society of New York. 
Belgium is a country usually spoken of as the most 
densely populated of any portion of the globe, unless 
some portions of Java be excepted (which are rarely 
alluded to by the statistician). 
A country about the size of the State of New Jersey, 
in the United States of America, having an area of 
11,373 square miles, or 7,278,968 acres of land, and in 
1880 a population of 481 souls to the square mile. She 
is the sixteenth of the European States in area, being- 
only about one-eighth the size of Great Britain, and the 
eighth in population. She has had a very eventful 
political history, but the Belgium of to-day is the crea- 
tion of our present century, and is probably one of 
the freest, and best governed of the limited mon- 
archies of the world. The Belgians differ from any 
other people I have ever visited in this : that they seem 
as a nation to be entirely satisfied and contented with 
their lot. There is little or no emigration to the United 
States, or to any portion of the world from Belgium. 
They are a thoroughly careful, economical, indus- 
trious, prudent and thrifty people, and perfectly con- 
tented with their homes and their country. While we 
meet occasionally in the great cities of the world, Lon- 
don, Paris, New York, Berlin and other great centers, a 
* Read May 8, 1889 before the Medico-Legal Society. This paper received 
honorable mention from the Committee of Award of the Medical-Legal 
Society among the prize essays of 1888. 60 
BELGIUM AND HER INSANE INSTITUTIONS. 
few enterprising Belgians, in trade and commerce, it is 
very seldom we come in contact with them in any ca- 
pacity whatever outside of their own country, and we 
must needs study them at home. 
Belgium is a level country, very much like Holland, 
especially that portion lying on the noitheastern border, 
but it is more hilly, in that region upon the confines of 
France. It had over five million and a half people in 
1880, to be exact, 5,519,844. 
It has a million more people than all the New England 
States combined, although it is smaller in area, than any 
of the United States, except Rhode Island. It has nine 
provinces—Antwerp, Flanders, Hainault, Nameur, Lux- 
embourg, Liege, Limburg, and Brabant. The principal 
rivers are the Schelde, the Meuse and the Yzer, all 
navigable, the former 108 miles, the Yzer 115 miles, 
and the latter 26 miles. The North Sea washes its north- 
western coast, and while it is only 174 miles from Os- 
tende, the northernmost city, to Arlon in the extreme 
southwest, its greater frontier line adjoining France, is 
384 miles and its greatest breadth if from north to south 
105 miles. 
I have passed over Belguim twice—always in the 
season of the harvest—(July and August). It is a coun- 
try that is cultivated beyond, and higher, than the aver- 
age of the European States—for example, in England, 
where farms are cultivated to a much higher degree 
than with us—Lincolnshire for instance, I have known 
land to rent for $12.50 per acre. In Belgium farms rent 
for $22.00 per acre. The average rental of English farms 
is from $6.00 to 9.00 per acre. That of Belgium farms 
is from $]5.00 to $22.00. The Belgian farmer frequently 
expends $6.00 to $9.00 an acre in manures. The average 
price of the Belgian farm lands is about $400 per acre, but BELGIUM AND HER INSANE INSTITUTIONS. 
61 
farms run as high in price there as seventeen-hundred, 
and two thousand dollars per acre. The cultivation of 
the Belgium farms greatly excels, and their lands some- 
times double in products, the English farms. The great 
Belgian product is rye. We see enormous quantities, 
growing in the fields, and it is largely eaten by the peo- 
ple. The farms of Belgium are almost all small, ex- 
tending back a long distance from the highways in nar- 
row strips, without fences. Many farms in Belgium are 
not wider than fifty to one-hundred feet: they are all in 
small divisions, and often extend long distances, very 
narrow in width. Upon this portion or strip of land, 
one part is cultivated to one crop, and another to an- 
other ; the work is done aim st wholly by the women, 
excepting ploughing and gathering some portions of the 
grain. 
Of the 6,582,120 acres of cultivated land there are 
744,000 farms, or an average of less than nine acres to a 
farm. One quarter of all Belgium’s population is de- 
voted to agriculture, and of every one hundred workers 
on farms, sixty-one are women. Of these farms, only 
80 per cent, exceeds 8 acres in extent; 71i per cent, do 
not exceed 25 acres ; 36 per cent, do not exceed 13 acres 
and 56 per cent, do not sxceed 2£ acres. 
Let me describe the Belgian farm-house to show how 
we must judge Belgium regarding its methods of treat- 
ment of the insane. Belgian farm-houses are usu- 
ally one and a half stories in height. Imagine a long 
house, cut off a room at one end, the place where 
the family live, and take their meals, with one spare 
room at extreme end ; the middle room is the kitchen 
with its fire-place, 10 or 15 feet wide. In this fire- 
place swings an enormous c ane, and hanging upon 
this a kettle, with a capacity of one, two or three bar- 62 
BELGIUM AND IIEH INSANE INSTITUTION'S 
rels, de pending upon the standing and responsibility of 
the family. In most houses a little railway, on the ceil- 
ing above, is operated by a chain, running down to this 
kettle, so that the housewife can run the kettle like a 
car around through the door, entering the part of the 
farm-house where the animals are kept, in the same 
house and underneath the same roof. On one side are 
the cows (and sheep if they are able to keep them), and 
on the other side are the swine (no horses), these are 
kept elsewhere and are usually attended to by the men. 
This large kettle is used for cooking the food which the 
animals consume. They are kept in their stalls. The 
people live without exception, even the Mayor of the 
towns, in this way, and in most cases, the animals are 
under the same roof where the family sleep, under the 
care and charge of the women, and this universal condi- 
tion of family farm life, must enter into the subject of 
which I am to treat, to judge of it properly. 
The women of Belgium, are, as a rule, healthy, happy 
and contented. They do not seem to be subject to the 
diseases, and especially those weakenes-es which affect 
the women in America. Whether this is due to the 
lab rious life they lead, especially their out-door work, 
in the field upon the farm, others may answer, but it is 
an undoubted fact. All the work of taking care of the 
animals (excepting taking care of the horses) is done by 
the women. The planting and principal cultivation of the 
crops, is also largely done by the women. Such a thing 
as a mowing machine, or a reaper is rarely to be seen in 
Belgium, or indeed any of the improved modern agricul- 
tural implements, in universal use with us. The reason 
is obvious. It would not pay the Belgian farmer to buy 
a reaper for the cutting of so little grain, as he raises,, 
and on so small a piece of ground as he cultivates. BELGIUM AND HER INSANE INSTITUTIONS. 
63 
The rye is cut very close to the ground, with an imple- 
ment different from anything I ever saw used at home. 
The article of pork, the famous Westphalian hams, are 
sold here for two francs per pound, and cannot be 
bought cheaper. A fine hog brings $10 to $50; pork is 
the most expensive of all meats ; beef costs a little over 
a franc a pound. This enormous population, which is 
more than one quarter farmers, raises the food which 
the people of the whole country eat, and the Belgian 
peasant rarely eats meat, except on fete days and holi- 
days. 
The government of Belgium is a limited monarchy, 
where the people elect both houses of the legislature, the 
Senate and House of Representatives, and no law can be 
enacted unless the bill is signed by the Minister of State. 
The people of Belgium rule that country as substantially 
and completely, as do the people of Great Britian and 
more than those of Germany. The Belgian laws are 
carefully prepared, kept and enforced, and it would 
be impossible to infringe upon the rights of the people ; 
their position is too secure. 
There are nine political divisions or subdivisions, 
which have each a separate government and a separate 
and distinct set of officials, who govern in all local 
affairs, including eleemosynary institutions and insane 
asylums, which are under the direct supervision and 
management of the general government at Brussels. 
Belgium has more miles of railroad probably than any 
other country in proportion to its size. Almost all these 
railroads have been built and are owned by the Govern- 
ment. I think their system of railroads the best in the 
world ; and I will explain why. In the first place there 
are three kinds of trains, the first, second and third class, 
with prices regulated by the Government accordingly. 64 
BELGIUM AND HER INSANE INSTITUTIONS. 
There is no such thing as a high price ; if you should 
take a first class train on the most expensive lines, it 
would still be very cheap, as compared with other coun- 
tries. 
.There is a system of trains also divided into first, 
second and third class, that go at slow speed, about 20 
or 25 miles an hour, at about half the price of trains 
going at higher rates of speed; there is still another faster 
series, were the price is about one-thiid higher, called 
the express. While they have the continental system 
of passenger cars, there is frequently an arrangement 
by which you can pass through the cars in motion, and 
where they are not shut off from the others, as in Eng- 
land and France. The post office and telegraph is also 
managed by the Government in Belgium. If there is 
one thing studied more than another, in all departments, 
it is the economy of the management, its pracaticbility 
and cost; everything is submitted to, and governed by 
that test. 
The care of the insane is a growth, of the work as 
done by institutions, founded in eaily times, on religious 
principles. As we think of them now and criticise them, 
we must consider this, and regard them from that stand- 
point. The present government took hold of these 
institutions, not, perhaps, as they would now make 
them, but as they found them, and upon this as a start- 
ing point built the present system of asylums and 
colony management of the insane as it to-day exists in 
Belgium. 
In this population of five million and a half of 
souls, there are at present about ten thousand insane 
people ; which is not very far from the proportion 
of the insane in the United States. The best statistics 
THE INSANE. CHIEF JUSTICE L. E. BLECKLEY 
JUDGE THOMAS J. SIMVIONS. 
JUDGE SAMUEL LUMPKIN. BELGIUM AND HER INSANE INSTITUTIONS. 
65 
I have seen, are based upon the census of 1880, which 
would put the insane of the United States of America at 
01,997, of which 40,942 were in asylums, excluding 
idiots. They are not classed under our system as insane, 
but as our defective population, with the blind, deaf and 
dumb, into four distinct classes by our census. There is 
probably over sixty millions population in the United 
States at this moment, and within our borders, 100,000 
insane if calculated by the law of probabilities, that has 
hitherto held in the increase in our population, and the 
relation the insane bear to it, so that the relative propor- 
tion of the insane in the two countries, Belgium and the 
United States, is very much alike, but there is a very 
great difference in their condition. 
Now, while I say that the Belgian people are contented 
with their own country, it cannot be said of Americans 
that they are contented. We do not care to live in the 
same house and village where our grandfather and 
grandmother lived ; we are more nervous, more ambi- 
tious, more aggressive, nomadic, restless and agitated 
than the Belgians, and that may have its influence on 
the insane—there in the one direction—and here in the 
other. The insane institutions of Belgium may be 
divided into two classes, the public and the private. Of 
the former, that at Tournai ; that at Averre, near 
Brussells, under Dr. Van Vauf ; the Hospice Guislain 
at Ghent ; for females, at Mons ; the Asylums at 
Erpidmont ; at Courtnai, and ihat most noted of the 
latter and private asylums, that of Shaerbeok, near 
Brussels ; that of Rickel, near Buussels ; St. Julien 
Institute at Bruges and St. Michaels ; St. Dominque 
at Bruges ; the two women’s hospitals at Ghent and a 
similar one for males—a notable one—which with others 
making in all forty institutions for the insane, upon the 66 
BELGIUM AND HER INSANE INSTITUTIONS. 
authority of the official report of 1881. I will speak 
first of the most celebrated of these two institutions, 
the Hospice Guislain. In the first half of the present 
century, when men all over the continent of Europe 
beg in to think of what could be done for ameliorating 
the condition of the insane, while the elder Tuke and 
Connoly in England and Pinel in France were doing 
what they could there, for these unfortunates, there 
was a man in Belgium of gseat character and breadth 
of view, with a grand soul a lofty and humane spirit— 
Joseph Guislain, who was at the head of this Hospice 
Guislain at Ghent. He did for Belgium what Pinel 
did for France, what the elder Tuke and Connoly did 
for England, and he laid the foundation for this hospital, 
on the new basis or theory upon which the insane were 
to be treated—by the law of kindness and love, and not 
by the system of blows, or brutality or driving, or pun- 
ishment or force. Last year a statue was erected to his 
memory in the city of Ghent (1887), to which men of 
almost every nationality contributed, and to which the 
Belgian Government gave a little; the cost made up 
from many sources. The Medico-Legal Society of New 
York sent twenty francs, and individuals from all over 
the world sent twenty francs and more ; and in July, 
1888, in the city of Ghent, a statue was dedicated to the 
memory of that marvellously good and humane man, 
who led the movement for ameliorating the condition 
of the insane of his country, and who placed the practi- 
cal work on a nobler basis, on a higher status than it 
had hitherto been. 
I particulatize what impressed me, as the result of my 
observations, of the means which have contributed to 
bring about these results in that country. 
1 have sai 1 that the care of thr insine h id been origin- BELGIUM AND HER INSANE INSTITUTIONS. 
67 
ally given altogether to the religious organizations. 
Belgium is different from all other countries in the 
vvoi Id in that respect; there are no religious organiza- 
tions in Belgium but Roman Catholics; there are only 
15,000 Protestants and 3,000 Jews; the whole country 
is Roman Catholic or almost entirely so. The Romish 
Church has been, and in some respects is now the cus- 
todian, and in its hands are placed the destiny of the 
insane of that kingdom. At the Hospice Guislain, 
and at Tournai, which is the largest and most costly of 
all the insane asylums, the same system prevails. 
At the Hospice at Tournai, Dr. Lentz, an eminent 
alienist of that country, is in charge as Medical Super- 
intendent. 
His brother is chairman of the Lunacy Committe of 
the Belgian Government just formed, and attached to* 
the Attorney General’s office at Brussels. The houses- 
are built in the most approved method, and in the most 
complete and elaborate manner of any institution in 
the kingdom. The Belgians of Flemish descent speak 
frequently Flemish, French and English ; those in the 
Northeast speak Flemish, and others living South speak 
French. Dr. Lentz was one of the latter. I found he 
was unable to speak English, but I found an interpreter 
in his institution in Brother Rudolphe. 
There is a religious order of brothers called the 
Brothers of Sr. Vincent de Paul, a Roman Catholic 
Society of Brotherhood, who have taken the vows of 
chastity, poverty and obedience. They form an organi- 
zation which is very strong, powerful and wealthy. At 
Tournai, where 1 first stopped, Dr. Lentz told me 
frankly iheir relation to the Belgium Insane Asylums. 
I was introduced to the Brother Superior at Tournai, 
and to the leading members of the order. These brothers 68 
BELGIUM AND HER INSANE INSTITUTIONS. 
make a contract with the Belgian Government, by 
which they agree to take the whole care, charge and 
maintenance of the insane, in every respect except med- 
ical supervision and attendance. Our physicians will 
be surprised at this, but it is a fact. Dr. Lentz has very 
little, almost nothing to do, with the administration of 
the asylum ; he is simply a medical man, who takes care 
of the sick, the Medical Superintendent, but the cloth- 
ing, the food, the care, in every other particular relating 
to the insane is done by these brothers. When I found 
this out, I thought best to study the brothers and their 
management. So I stopped with them, lived with them, 
ate at their tables and slept in their rooms. Each of 
these men acts in some capacity; for instance, one of 
them is cook, one of them has charge of the farm, super- 
intending the grain, crops, etc. They have lands which 
they work, and work them just as carefully and thor- 
oughly as any farm is worked in Belgium. They kiil 
their own cattle, they buy nothing from butchers, and 
they do nearly all their own work of all kinds. 
The price the government pays for the taking care of 
the insane is 96 centimes, not quite one franc per day. 
The Belgians pay not quite 20 cents per day our money 
for the care and maintenance of their insane per capitum, 
exclusive of the expense of the buildings and the salary 
of the Superintendent. Neither Dr. Lentz at Tournai, 
nor Dr. Morel at Ghent had any assistant physician, in 
these splendid establishments, and the salaries were not 
one quarter what they should be, or like salaries are, in 
England, France or the United States. The patients 
have good care, have all they want to eat, and are well 
cared for. Such a thing as abuse of, or cruelty to the 
the insane, such offences as we have been investigating 
in New York city (1888), could not be possible in Belgium. BELGIUM AND HER INSANE INSTITUTIONS. 
69 
There are no hired attendants ; these Christian men. 
devote their lives to this splendid work. I saw a brother- 
nearly ninety years old at the Hospice Guislain at 
Ghent, who had from his childhood been in that 
service. He was the friend, companion and co worker 
of Guislain ; he had worked with Dr. B. C. In gels, and 
won and wore, the decoration of the Legion of Honor on 
his coarse black gown. 
They employ help only in some of the heavy drudgery 
of the institutions. All the mechanical work is done' 
here in the Hospice. One of the Brothers was at the 
head of the caipenter’s shop ; he was an adept, and 
could do very fine work ; all the patients, who had done' 
that work were placed there, and some that had no* 
trade ; all repairing was done there. There was another 
Brother who was a tailor; another had charge of the 
floral department. I will say that in no part of the 
world that I have visited, is there such splendid attention 
given to flowers and floral effects, and to the gardens, as 
here. Profusion of flowers abound in the beautiful corri- 
dors, built of marble, glass and iron, all cared for by the 
brothers propagated and grown on the place, so in- 
stead of the wards being white, blank and disagreeable, 
as many of our own are, they were home-like, bright 
and pleasant, and glorified with beautiful color. Off the 
wards were gardens enlivened by foliage of plants, 
shrubs and flowers, and wild fowl of various kinds, 
which are sometimes considered untamable, were here 
breeding ; wild quail, and partridge with their young. 
I do not think they were tame, but there was some 
system of cutting the bones of their wings, so that they 
could not fly, and these gardens were accessible to the 
patients during the day. I saw only one man under re- 
straint at Tournai. I went into a ward in company with 70 
BELGIUM AXD HER IXSAXE IXSTITUTIOXS. 
Dr. Lentz, I saw ihis man with a strap over his bands. I 
said to the brother, “Why do you have that man’s hands 
strapped?” . “ He is inclined to be violent,” he replied. 
“What will he do?” I asked. “He might do some 
damage,” was the reply. “Please take off the strap, 
and see what he will do I said, we are all here, you are 
not afraid of him, and I certainly am not afraid of that 
little fellow.” “Take off the straps and see what the 
effect will be.” When the straps were taken off he 
looked dazed, hesitated, looked around at the brothers 
and at us, but was pleased and delighted. There was no 
apparent reason for his restraint, or rather no good 
reason. It simply saved trouble in locking after him. 
Two brothers were in each ward and in charge. 
THE HOSPICE GUISLAX. 
At the head of that asylum is Dr. Jules Morel, a 
most charming man, as Medical Superintendent. He 
had invited me to dinner and had invited people from 
Brussels to meet me, besides his wife and some relatives. 
I was introduced to the Brother Superior there, Brother 
Hildouard, whom I found could speak English very well. 
Through him I learned more than I could in any other 
possible way about the relations of the Brothers to the 
Insane Asylums of Belgium. 
Hospice Guislan is one of the oldest of the asylums 
of Belgium. It is like a home or great family ; nothing 
dismal, plenty of light, plenty of air, and such a look as 
one likes to see. The walls are pierced both ways 
with apertures so that the patients could look out into 
the fields ; everywhere Guislain had opened these look- 
outs through the walls. High walls surround the place, 
as also at Tournai. The whole feeling of the place is 
free, nice, warm and cheerful. Dr. Morel was in very BELGIUM AND HER INSANE INSTITUTIONS. 
71 
fine relation with the patients. They all seemed to re- 
gard him as their best friend. It is a very common thing 
in asylums in this country, for patients to have the idea 
that the doctor is an enemy. The doctors in this country 
frequently find that the patients have a great personal 
antipathy to them. Dr. Morel seemed to have the 
most perfect confidence of his patients, whom he could 
control and handle like so many children. Whether it 
is the idea of obedience, natural to the people of that 
country, or whether it is different in this country, be- 
cause we must know the reason for everything, I do 
not know ; but in this asylum his word seems to be the 
law, and the feeling was very different from what we 
observe so frequently at home in our asylums. 
I examined the cuisine, and into the arrangements 
for the care of the insane, and I fully believe that 
the Belgian insane are well fed, clothed and cared for ; 
that they suffer in no way by deprivation from all they 
ought to have, their food is well cooked and well selected 
—little of it bought—and a system of gentleness and 
kindness is maintained in the discipline, care and man- 
agement. I, who am a Protestant, and not a Catholic, 
and with little sympathy for their religious views or 
belief, desire to express the greatest admiration for these 
Brothers, who devote their lives to this peculiar and 
beneficient work, and I should be glad if we could imitate 
such attendance in our American Institutions. 
In the first place, Gheel is a district about twelve miles 
long, of irregular, triangular shape and width, contain- 
ing a population of about 11,000 people. That colony 
has existed for probably more than a thousand years ; we 
don’t know exactly when it was planted. Tradition 
GHEEL. 72 
BELGIUM AND HER INSANE INSTITUTIONS. 
tells us that the colony was founded about the year COO 
A.D., from an incident which occurred at the death of 
St. Dymphna ; all are familiar with this tradition—it 
came to be believed that contact with her relics would 
cure the insane. The belief arose about a thousand 
years ago, and they have built a church there, and have 
her bones preserved as relics. 
Gheel became the Mecca towards which men for 
many centuries sent their demented for relief, and 
where they have found it in thousands of well authenti- 
cated cases. Families lived around this church who 
make application for the care of the insane, and to them 
applications have been made from all over the world for 
centuries. These people have been reared for a thousand 
years, from father to son, from mother to daughter, 
trained by long inheritance to take care of the insane, 
just as a farmer teache ; a son to take care of a farm, or 
as the watchmakers of Switzerland have preserved 
their art in their families. There are about 5,000 inhab- 
itants in the village of Gheel, the centre of the colony. 
No business is done here, no industry of any kind, unless 
drinking rum is a business. I do not think rum drink- 
ing is a specialty at Gheel. It is a peculiarly popular 
thing in Belgium universally. If Gheel escaped, it 
would be a marvel, if not a miracle, but we must not 
condemn Gheel or its system for its rum drinking, 
which is universal in Belgium. 
Almost every family that has a home takes charge of 
these insane people, and they take one, two and three 
patients and have the whole charge of them—the whole 
responsibility. They feed them, clothe them, see that 
that they get up in the morning and go to bed at night. 
If they require special care they furnish it; they live 
simple lives, in the same simple house at Gheel as the BELGIUM AND HER INSANE INSTITUTIONS. 
73 
peasant lives in, the same farm house and farm life of 
Belgium, they live just as the Belgians live. This is not 
done without medical supervision, and of the best kind. 
There is an asylum at Gheel, where there is a superin- 
tendent who also has charge of the whole colony. Pa- 
tients first go into this hospice or asylum, which is under 
the charge of Dr. Peeters. They are under the observa- 
tion of the medical superintendent and local board, who, 
when occasion offers, transfer them into the house of A, 
B, and C, where they remain as patients, and members 
of the colony. There are three different prices paid for the 
patients—eight, nine and twelve cents per day. Twelve 
cents, English money, is paid for those called the dirty 
patients, those who are the most troublesome, and who 
can not take care of themselves. The Government re- 
cognizes this by paying the highest price for them. The 
highest price paid for private patients is $200 per year. 
There were 1,800 people in that colony in 1S65, and since 
that there has been 1,600 to 1,800 at a time. Living is 
very cheap. Everything is on the style of the life of the 
peasant ; what the peasant does the patient helps to do, 
and the peasant takes his patient with him, if able to 
worK through the day. The Belgian works often in the 
night over hours. You see in these great pictures of 
Millais, women coming home in the evening, or going 
out to work before the day breaks. Dr. Peeters com- 
plained of this to the Government—that the people and 
the insane often were working too many hours ; he said 
it was impossible to regulate this ; the Belgian people 
will work in this way. But is it any worse for the insane 
than for the people ? I quite agree with the Belgians as 
to the beneficence and utility of Gheel. All Belgians 
speak in the highest terms of this colony and in praise 
of this system, and I believe and concur with them fully. 74 
BELGIUM AND HER INSANE INSTITUTIONS. 
I never conversed with an alienist in Belgium who had 
any doubts of the good results of the colony at Gheel. 
The reason Dr. Tucker found such fault was that he vis- 
ited the place in December ; it was raining and freezing ; 
the streets of a country village are not made the same as 
in great cities. There was a great deal of rain there, and 
he said he saw the insane crouching around their miser- 
able fires, which any one would do under similar circum- 
stances. But I think the insane there are just as happy 
and are as well cared for, fed and clad as are the people 
of Belgium of the same class. I pursuaded Brother 
Hildouard to accompany me on my visit to Gheel and 
I am under great obligations to him for showing me 
much of the work there, that without him I could not 
have seen or at all understood. 
The Belgians are a well-to-do people who live frugally, 
and who live as the Holland Dutch formerly did, from 
whom our most aristocratic New York City families come. 
The grandmothers of our Knickerbocker aristocrats took 
care of the kettle, fed the pigs and cows, precisely as the 
women of the Netherlands do now, and this is how they 
get their peculiar appearance, which characterizes phys- 
ically the Knickerbocker Dutch here, who are of the 
same type in our city, as in Belgium, and look exactly 
like their New York descendants in many respects. 
We have in the State of New York six large State insti- 
tutions for the insane—Utica, Auburn, Middletown, Wil- 
lard, Binghampton and Buffalo. Recently the question 
came up of building another asylum in the North, and it 
takes a million of dollars to do this. We have only our 
proportion of population, five millions and a half. What 
is the use of building so many asylums, with the exam- 
ple of this colony at Gheel before us ? And why should 
we not consider how many of our insane could be trans- BELGIUM AND HER INSANE INSTITUTIONS. 
75 
ferred into families, upon farms, where they can have out 
door exercise, labor, and occupation combined with it ? 
I asked Dr. Blumer, the present superintendent at 
Utica, what proportion of his patients could be so placed 
without danger to others or themselves ; he said about 10 
per cent, of his patients could be so removed with safety, 
so far as any probable damage would be done to them- 
selves or others. I think he was correct, and I think 
other American superintendents, if questioned, would 
give similar answers. Massachusetts has passed laws 
allowing the experiment to be made in that State, au- 
thorizing the authorities to place insane in families 
who would take care of them under proper supervis- 
ion for a fixed price. If people are willing to take them, 
let them have them. I would not think of putting an 
insane person with a farmer, or Avith any one without 
medical supervision. 
There is a feeling among the insane, confined in asy- 
lums, which stands in the way of recovery ; that feeling 
which a man has, that he cannot get beyond a certain 
boundary line—that he is a prisoner. He hears the rat- 
tle of keys and clang of bolts and bars ; this agitates and 
excites him, and retards recovery. 
I believe there has been only one case of crime by the 
insane in Gheel in 11 years, only three or four illigiti- 
mate births, and only one case ascribable to a lunatic ; 
there has been only one offence against the public peace 
in 10 years, and there has been no crime among them 
anything like the percentage of crime in the United 
States. These things ought to be regarded. We should 
consider them. Ought Ave not to make the experiment, 
even if Ave have asylums ? Take for instance, the case 
of a harmless, demented old lady, afflicted in a certain 
Avay, chronic, incurable, but harmless, Avhy keep her in 76 
BELGIUM AND HER INSANE INSTITUTIONS. 
an asylum, if she conlcl be made happy and comfortable 
on a farm at less expense ? 
The relation of the religious orders to the insane in 
Belgium is peculiar and phenomenal. In 1886, the 
latest statistics accessible to me, there was a great num- 
ber of religious houses in Belgium whose inmates spend 
their lives in pious work. In that year there were in 
Belgium, 178 of these houses for males, and S,144 for 
females. The population of the former was then 2,991, 
and the latter 15,205. In many of the Belgium asylums 
these women have the insane in charge. 
I find it very difficult to give an estimate of the actual 
number of the insane in Belgium and their disposition 
at this time. The latest official reports of Belgium fur- 
nished me by Dr. Lentz, Director-General of the Depart- 
ment of Justice, and now Inspector of Insane Asylums 
of Belgium, whom I met in Brussels in were pub- 
lished in 1881, and were to 1880. 
The Bulletin of the Society of Mental Medecine of 
Belgium for 1886 (3 fasicule No. 42, pp. 104 and 105), 
furnish a tabular statement which I append as doubt- 
less reliable at that time : BELGIUM AND HER INSANE INSTITUTIONS. 
77 
Nambs op Astlums. 
Locations. 
Names of 
Directors. 
Names op 
Directors. 
Medical 
Superintendents. 
Visiting 
Committee. 
Popul 
Board’s. 
ATI ON. 
Poor. 
E 
$ 
J Females. 
Males. 
Females. 
98 
30 
TCll J'VTj tt 
90 
De Kidder.. 
80 
30 
(Teeters. ~| 
j Med. Inspects!-. \ 
( Sottians. 
175 
1 Cuisenain. J 
[llnypens. 
ti “ 
15 
15 
75 
60 
30 
34 
97 
94 
44 44 44 
18 
30 
44 44 (f 
40 
30 
De Smit— 
40 
30 
40 
44 44 4< 
Dingenen . 
40 
<4 << “ 
75 
21 
44 4( .4 
De Vestel.. 
120 
280 
240 
180 
Lienart.... 
95 
o 
4 
01 
06 
90 
90 
44 
De Lil 
(4 
270 
INSANE ASYLUMS OF BELGIUM (1885.) 78 
BELGIUM AND HER INSANE INSTITUTIONS. 
Names of Asylums. 
Location. 
Names of 
Directors. 
Names of 
Directors. 
Medical 
Superintendents. 
Visiting 
Committee. 
Popul 
Board’s 
A.TION. 
Poor. 
Males. 
1 Females. | 
Males. 
1 Females. 
Van Langendork 
480 
14 
400 
00 
GO 
150 
300 
400 
St. Nicolas 
25 
00 
K U * ' * * 
00 
90 
t< u 
00 
00 
IVelseque 1 
Beerens 
50 
5 
l Rudewarde. j 
10 
45 
<( (t 
32 
10 
74 
435 
94 
405 
Pres, des Hospice 
j Decocket £ 
20 
140 
I Dehasque. i 
A • J <N 1 1 11 
U 
100 
70 
40 
( Henri- t 
30 
l Chapelle — j 
Gombault 
100 
350 
Grosse 
5C 
200 
This table was made by M. Oudert, late General Superintendent of the State Institution of Belgium for 1885. 
INSANE ASYLUMS OF BELGIUM (1885.)—Continued. BELGIUM AND HER INSANE INSTITUTIONS. 
79 
Dr. Peeters Medical Superintendent of the Colony and 
Asylum at Gheel, published in the same journal (No. 41, 
2 fasicule pp. 18, et seq.), the population of that colony 
for 1S84 and 1885 as follows : 
December 31, 1884, number of insane, 1727 
“ 81, 1885, “ “ “ 1581, 
having sent some in the latter year to the new colony 
at Liernieux—and to other institutions—and made the 
following general summary for December 31, 1885, at 
Gheel : 
MEN. 
WOMEN. 
MEN. 
WOMEN 
Boarders.. 
.. 95 
46 
Curable 12 
20 
Poor 
.. 684 
755 
Incurables. ..78 
781 
780 
801 
780 
801 
1. The insane in the United States, based in compila- 
tions from the tenth census showing the ratio, and per 
cent, of each State and Territory to population : 
2. Total insane in the United States in 1880 : 
In asylums 40,942 
Out of asylums 51,055 
Total 91,977 excluding idiots. 
GENERAL RATIO. 
Male, 17 per cent. 
Female, 19 per cent. 
Colored, 9 per cent. 
White, 19 per cent. 
Native, 15 per cent. 
Foreign, 39 per cent. 
Total, 18 per cent. 
Also the insane in United States, based on the tenth 
census, in the ratio to population. 
RANK. 
STATE. 
PER CENT 
1 
52 
2 
30 
3 
30 
4 
28 
5 
28 
6 
27 
7 
27 
8 
24 
9 
23 
10 
22 
11 
21 
12 
21 80 
BELGIUM AND HER INSANE INSTITUTIONS. 
RANK. 
STATE. 
PER CENT. 
13 
.19 
14 .. 
. .. .Pennsylvania 
.19 
15 
.19 
10 
.17 
17 
.17 
18 
.17 
19 
16 
20 
.16 
21 
.15 
22 .... 
.15 
23m.. . . 
15 
24 ... . 
25 
.15 
20 
.15 
£7 
.14 
28 
.14 
29 
13 
30 ... 
.12 
31 
. . . . . 
.12 
32 
..11 
33 
.11 
34 
.10 
Utah 
.10 
36 
Mississippi 
.10 
37 
.10 
38 
. 9 
39 
. Arkansas 
. 9 
40 
. 9 
41 
. 9 
42 
... . Dakota 
. 5 
43 
. 5 
44 
. 5 
45 
. 4 
46 
. 4 
47 
. 1 
Total insane in 
United States 
.91,997 
In asylums.... 
.40,942 
Out of asylums. 
1880 
Insane 
91,977 
Idiotic 
.. .70,895 
Blind., 
....48,928 
Deaf Mutes 
....33.878 
251,698 
Note.—I wrote to Dr. Jules Morel for later data, who was unable to send 
me official reports, which he expected next year (1889), from 1880 to 1886. 
If published I have not seen them. 
In compliance with my request, Dr. Jules Morel sent me the following 
table under date of August 12, 1883, which may prove of interest. BELGIUM AND HER INSANE INSTITUTIONS. 
81 
TABLE OF INSANE ASYLUMS OF BELGIUM, COMPILED BY 
DR. JULES MOREL, MEDICAL SUPERINTENDENT 
OF HOSPICE GUISLAIN, AT GHENT, 
AUGUST 12th, 1888. 
Lunatic Asylums, 
Location. 
Superintend ts. 
Inma 
Boarders 
lTES. 
Poor. 
Public 
or 
Private. 
Male. 
Female. 
pr 
Female. 
Hospice Guislain, Ghent. 
Dr. Viorel 
20 
474 
Public. 
Dr. Vermeulen... 
270 
Public. 
Rued’Oessant Ghent 
Dr. Vermeulen ... 
90 
Private. 
“ Le Strop “ 
Dr. Vermeulen ... 
90 
Private. 
St. Jean de Dieu, “ 
Dr. De Moerlone.. 
14 
Private. 
Asylum at Oourtrai 
Dr. De Craene ... 
60 
60 
150 
300 
Public. 
Selzate 
Dr. Mabilde 
400 
Public. 
St. Xicolos 
Dr Authennis.... 
60 
90 
Public. 
U n 
Dr. Authennis.... 
25 
60 
Public. 
St. Lede 
Dr. Wibo 
60 
60 
Public. 
Velseque 
Dr. Piens 
5 
50 
Public. 
Touruai 
Dr. F. Lentz 
70 
600 
Public. 
Tournai 
Dr. Duhem 
io 
45 
Public. 
32 
Private. 
Chieores 
Dr. Le Clercq.... 
10 
Private. 
Mons 
Dr. Semal 
94 
405 
Public. 
Dr. Auten 
100 
Public. 
Liege 
Dr. Clossett 
20 
140 
Public. 
Glain 
Dr. Auten 
70 
40 
Private. 
Henri-Chapelle.... 
Dr. Rending 
30 
Private. 
St. Trond 
Dr. De Bruyn.... 
100 
350 
Public. 
i i ( 
Dr. De Bruyn... . 
50 
200 
Public. 
Loreken 
Dr. Vauneste 
27 
Public. 
Note.—This table must not be taken to be complete for Belgium, as 
some asylums are omitted, as at Antwerp, Malines, Louvain, Alost. 
Menin, Bruges, Evere, Erp, Quebs, the Colonies at Glieel and Liernieux, and 
others, but it is undoubtedly reliable as far as it edves names and inmates. ELECTRICITY AND THE DEATH PENALTY. 
Clark Bell, Esq., 
THERE has been for more than a quarter of a century 
in this State a prejudice against the scaffold and 
the hangman. 
Those who have yielded to the stern exactions of the 
law, which demands “a life for a life,” have felt an almost 
insurmountable repugnance to the rope. 
The bungling of sheriffs’ assistants, the negligent or 
ignorant adjusment of the noose, have often caused such 
revolting scenes at public executions as to fill beholders 
with horror; and add to that ever increasing number, 
now close to a majority, who demand the entire abolition 
of the death penalty as a punishment for crime. 
The removal of the scaffold as a factor in the civiliza- 
tion of our century has engaged the attention of the 
Medico-Legal Society for many years. 
The first introduction of the subject before that body 
was the paper of the eminent French scientist Ambrose 
Tardieu, entitled “Diagnosis of Hanging” (Medico-Legal 
Papers, Series 3, p. 40). 
The late Dr. Alonzo Calkins read a paper before that 
Society, in September, 1873, entitled “Felonious Homi- 
cide; its Penalty, and the Execution Thereof Judicially,” 
advocating the abolition of death by hanging, and discuss- 
ing various methods as desirable substitutes (Medico- 
Legal Papers, Series 3, p. 250). 
The discussion was renewed before the Society by 
Prof. J. H. Packard, of Philadelphia, who strongly urged 
the abolition of the hangman’s rope and recommended as 
the most desirable substitute, death by inhalation of sul- 
phuric oxide gas (Medico-Legal Papers, Series 3, p. 521). 
President of the Medico-Legal Society of New York. Roger Foster, Esq. Dr. Fred. Peterson. \AE W. Godding, M.D. Benno Loewy, Esq Dr. Chas Milne. Dr Trank H. Ingram. 
Dr. Chas. F. Stillman. Albert Bach, Esq. W. G. Stevenson, M.D. Prof. R. O. Doremus. Dr. J Mount Bleyer. R. B. Kimball, Esq 
Moritz Ellinger. VS/ m. G. Davies, Esq. Clark Bell, Esq. E. W. Chamberlain, Esq. Dr Ferdinand C. Valentine. 
The Executive Committee of the Medico-Legal Society. ELECTRICITY AND THE DEATH PENALTY. 
83 
The whole subject was again brougnt before the 
Medico-Legal Society in February, 1888, by Dr. J. Mount 
Bleyer, in a paper entitled “ Best Methods of Capital Pun- 
ishment” (Medico-Legal Journal, Vol V., p. 424). 
The Legislature of the State, upon the recommendation 
of Governor Hill, in his messages of 1885 and 1886, named 
a commission to examine the subject and report their 
conclusions, composed of Hon. Elbridge T. Gerry, a mem- 
ber of the Medico-Legal Society; Mathew Hale, Esq., of 
the Albany bar; and Dr. Alfred P. Southwick, of Buffalo. 
On January 17th, 1888, this Committee submitted their 
report to the Legislature of New York. It is a very 
exhaustive and elaborate document, too long for insertion 
here. It gives the history of human punishments for 
crimes in earliest times and in all countries. 
It enumerates and describes thirty-four different meth- 
ods in which the death penalty has been hitherto 
inflicted. 
The guillotine is in vogue in nineteen civilized coun- 
tries ; the sword in nineteen; the gallows in three ; the 
ax in one; the cord in one, while executions are public 
in twenty-nine countries and private in seven. 
The Committee claim and enumerate the following, as 
facts demonstrated by their inquiry: 
1. That the effort to diminish the increase of crime 
by the indiscriminate application of capital punishment to 
various offences involving different grades of moral turpi- 
tude, or, in other words, by enlarging the number of 
capital offences, has proved a failure. 
2. That any undue or peculiar severity in the mode 
of inflicting the death penalty, neither operates to lessen 
the occurrence of the offence nor to produce a deterrent 
effect. 
3. That from the long catalogue of various methods 
of punishment adopted by various nations at different 
times, only five are now practically resorted to by the 
civilized world. These five are: 1, The guillotine; 2, 
Thegarrote; 3, Shooting; 4, The sword; 5, The gallows. 84 
ELECTRICITY AND THE DEATH PENALTY. 
In recommending a change from the present barbarous 
and inhuman system of hanging, four substitutes are con- 
sidered: I, Electricity; 2, Prussic Acid or other poison; 
3, Guillotine; 4, Garrote. 
This Committee do not seem to have considered the 
proposal made by Prof. Packard, of a painless death by 
inhaling sulphuric oxide gas in a small room in each 
jail, nor the lethal chamber suggested by Dr. B. Ward 
Richardson, of London; and they discard the use of the 
hypodermic injection of prussic acid or other deadly poi- 
son, as “ hardly advisable because against the almost 
universal protest of the medical profession.” 
Their conclusions, after a careful, thorough, very able 
and exhaustive examination of the whole subject, are as 
follows: 
1. That death produced by a sufficiently powerful 
electric current is the most rapid and humane produced 
by any agent at our command. 
2. That resuscitation after the passage of such a cur- 
rent through the body and functional centers of the brain 
is impossible. 
3. That the apparatus to be used should be managed 
to permit the current to pass through the centers of func- 
tion and intelligence in the brain. 
The commission suggested other considerations of 
great public interest, which may be stated as proposi- 
tions : 
(1). That the State, by the present universal senti- 
ment of mankind, can only justify itself in taking human 
life as a punishment for violation of laws; inflicting the 
death penalty, where necessary, for the safety of society 
and to deter others from the commission of crime. 
(2.) That the State has not the right to torture the 
criminal, nor to inflict any punishment whatever in any vin- 
dictive spirit or by way of retaliation for the crime. 
The committee submitted a draft of a bill and recom- 
mend : 
(a.) That executions should be private. ELECTRICITY AND THE DEATH PENALTY. 
85 
(b.) That the details of the execution should not De 
furnished to the public press; and, 
(c.) That the bodies should be delivered to medical 
schools for dissection in aid of science, or be buried in the 
prison yard. 
The idea for punishment for crime has colored all 
human laws. 
Such legislation has been called punitive for centuries. 
These statutes are denominated penal in all the 
codes. 
It is a little more than half a century since hanging 
was the penalty in England for more than one hundred 
statutory offences, many of which are now regarded as 
trivial. 
Nearly all of these are abolished; but we still call the 
measure of punishment penalties, and we even say “the 
death penalty ” when we discuss it, and use the term 
“ capital ptinishme?it ” for judicial killing. 
The report of the Legislative Commission, considered 
in its broadest and ablest aspect, outside the abolition of 
hanging and substituting the electric current, lies in 
claiming that the universal public judgment and opinion 
of mankind should be recognized by the law-making 
power, declaring: 
That the penalty for the violations of the law in what 
are called “ capital cases ” should not hereafter be regarded 
or treated as punitory. 
That the State does not claim the right of inflicting 
any punishment upon the homicide in a vindictive or 
retaliatory sense, or in any degree or view as “punitory” 
or compensatory for the act committed. 
That beyond the protection of society, the rights of 
men and what is called the “ deterrent effect ” of human 
punishment, the State has neither the right nor wish 
to go. 
The Medico-Legal Society, by a committee appointed 
February, 1888, duly considered the whole subject, and 
the report of that committee was made to the body at the 86 
ELECTRICITY AND THE DEATH PENALTY 
March meeting, 1888, unanimously adopted by the Society, 
and transmitted to the Legislature. The report was 
prepared by myself and met the approval of the entire 
committee and was as follows: 
REPORT OF THE COMMITTEE ON BEST METHODS OF EXE- 
CUTING CRIMINALS. 
To the Medico-Legal Society. 
The Committee to whom was referred the subject of The Best 
Method of Executing the Death Penalty, respectfully report: 
That in the consideration of this subject they have considered the 
several papers read before the Medico-Legal Society by Ambrose Tar- 
dieu; Dr. Alonzo Calkins ; Prof. J. H. Packard, of Philadelphia ; Dr. J. 
Mount Bleyer; and the report of Hon. Elbridge T. Gerry ; Alfred P. 
South wick, M. D., and Mathew Hale, Esq., Commissioners, made to the 
Legislature on January 17,18SS, which were, by action of this Society, 
laid before this Committee at the February meeting. 
Your Committee are of the opinion that the Commissioners are 
entitled to the thanks of the Legislature and the public, for the able 
and exhaustive labor they have bestowed upon the subject. Your 
Committee are of the opinion : 
1. That the reduction in number by legislation among civilized 
States, of what are designated as capital offences, is in accord with 
enlightened civilization, and that its practical result has been the dim- 
inution, rather than the increase of crime. 
2 That it should be legally established by legislative enactments, 
that the State, in fixing penalties for crimes, has no right to inflict a 
vindictive punishment upon a criminal, in any spirit of vengeance or 
retaliation. That the object and justification of punishment should be 
to deter others from the commission of crime. 
3. That the provisions of our Constitution “that cruel and unusual 
punishments shall not be inflicted ” should be enforced by appropriate 
legislation, and all existing statutes repugnant to either its letter or 
spirit be repealed. 
4. That hanging should be abolished as cruel and contrary to the 
public sense of our civilization. 
5. That as a substitute for the present death penalty we would 
recommend: 
(1.) Death by the electric current, or— 
(2.) Death by hypodermic or other injection of poison, or— 
(3.) Death by carbonic oxide gas injected into a small room in 
each jail, as recommended by Prof. John H. Packard (Med.-Leg. Papers, 
Yol. ill., p. 521), giving our preference to the first, or death by electric 
current. 
6. That in our judgment executions should be private and not 
public. ELECTRICITY AND THE DEATH PENALTY. 
87 
7. That if it were possible to prevent the publication of details of 
executions in the public press, it would be a public good. 
8. That the bodies of criminals should be delivered to the med- 
ical schools, after execution, for dissection. 
Your Committee do not pass upon the question of the propriety of 
inflicting capital punishment by the State, against which there is strong 
objection in the popular mind. 
The report is intended to be limited to the subjects embraced in 
the report now before the Legislature of the State and the papers read 
before this Society. 
R. Ogden Doremus, 
Clark Bell, 
J. Mount Bleyer, M. D., 
Chas. F. Stillman, M. D., 
Frank H. Ingram, M. D., 
Committee. 
The Legislature of New York passed the following 
law, which received the approval of Governor Hill: 
Laws of New York.—By Authority. 
[Every law, unless a different time shall be prescribed therein, shall 
commence and take effect throughout the State, on and not before the 
twentieth day after the day of its final passage, as certified by the Sec- 
retary of State. Sec. 12, title 4, chap. 7, part 1, Revised Statutes.] 
Chap. 489. 
AN ACT to amend sections four hundred and ninety-one, four hundred 
and nine-two, five hundred and three, five hundred and four, five 
hundred and five, five hundred and six, five hundred and seven, 
five hundred and eight and five hundred and nine of the Code of 
Criminal Procedure, relative to the infliction of the death penalty, 
and to provide means for the infliction of such penalty. 
Approved by the Governor June 4, 1888. Passed, three-fifths being 
present. 
The People of the State of New York, represented in Senate and Assembly, 
do enact as follows: 
Section 1. Section four hundred and ninety-one of the Code of 
Criminal Procedure of the State of New York is hereby amended so as 
to read as follows : 
§ 491. When a defendant is sentenced to the punishment of death, 
the judge or judges holding the court at which the conviction takes 
place, or a majority of them, of whom the judge presiding must be 
one, must make out, sign and deliver to the sheriff of the county, a 
warrant stating the conviction and sentence and appointing the week 
within which sentence must be executed. Said Warrant must be 
directed to the Agent and Warden of the State prison of this State 
designated by law as the place of confinement for convicts sentenced 88 
ELECTRICITY AND THE DEATH PENALTY. 
to imprisonment in a State prison in the judicial district wherein 
such conviction has taken place, commanding such Agent and Warden 
to do execution of the sentence upon some day within the week thus 
appointed. Within ten days after the issuing of such warrant, the 
said sheriff must deliver the defendant, together with the warrant,-to 
the Agent and Warden of the State prison therein named. From the 
time of said delivery to the said Agent and Warden until the inflic- 
tion of the punishment of death upon him, unless he shall be lawfully 
discharged from such imprisonment, the defendant shall be kept in 
solitary confinement at said State prison, and no person shall be 
allowed access to him without an order of the court, except the officers 
of the prison, his counsel, his physician, a priest or minister of relig- 
ion, if he shall desire one, and the members of his family. 
g 2. Section four hundred and ninety-two of said Code of Criminal 
Procedure is hereby amended so as to read as follows: 
\ 492. The week so appointed must begin not less than four weeks 
and not more than eight weeks after the sentence. The time of the 
execution within said week shall be left to the discretion of the Agent 
and Warden to whom the Warrant is directed; but no previous 
announcement of the day or hour of the execution shall be made, 
except to the persons who shall be invited or permitted to be present 
at said execution as hereinafter provided. 
§ 3. Section five hundred and three of said Code of Criminal Pro- 
cedure is hereby amended to read as follows: 
\ 603. YY henever, for any reason other than insanity or pregnancy, a 
defendant sentenced to the punishment of death has not been executed 
pursuant to the sentence, at the time specified thereby, and the sentence 
or judgment inflicting the punishment stands in full force, the Court of 
Appeals or a judge thereof or the Supreme Court or a justice thereof, 
upon application by the Attorney-General or of the district attorney of 
the county where the conviction was had, must make an order directed 
to the Agent and Warden or other officer in whose custody said defend- 
ant may be, commanding him to bring the convict before the Court 
of Appeals or a general term of the Supreme Court in the deparment, 
or a term of the Court of Oyer and Terminer in the county where the 
conviction was had. If the defendant be at large, a warrant may be 
issued by the Court of Appeals or a judge thereof, or by the Supreme 
Court or a justice thereof, directing any sheriff or other officer, to bring 
the defendant before the Court of Appeals or the Supreme Court at a 
general term thereof, or before a term of the Court of Oyer and Term- 
iner in that county. 
\ 4. Section five hundred and four of said Code of Criminal Pro- 
cedure is hereby amended so as to read as follows: 
$ 504. Upon the defendant being brought before the court, it must 
inquire into the circumstances, and if no legal reason exists against 
the execution of the sentence, it must issue its warrant to the Agent and 
Warden of the State prison mentioned in the original warrant and 
sentence, under the hands of the judge or judges, or a majority of 
them, of whom the judge presiding must be one, commanding the said 89 
ELECTRICITY AND THE DEATH PENALTY. 
Agent and Warden to do execution of the sentence during the week 
appointed therein. The warrant must be obeyed by the Agent and 
Warden accordingly. The time of the execution within said week 
shall be left to the discretion of the Agent and Warden to whom the 
warrant is directed; but no previous announcement of the day or 
hour of the execution shall be made, except to the persons who shall 
be invited or permitted to be present at said execution as hereinafter 
provided. 
\ 5. Section five hundred and five of said Code of Criminal Proced- 
ure is hereby amended so as to read as follows : 
§ 105. The punishment of death must, in every case, be inflicted by 
caus ng to pass through the body of the convict a current of eleetricity 
of sufficient intensity to cause death, and the application of such cur- 
rent must be continued until such convict is dead. 
§ 6. Section five hunured and six of said Code of Criminal Proced- 
ure is hereby amended so as to read as follows: 
\ 506. The punishment of death must be inflicted within the walls 
of the State prison designated in the warrant, or within the yard or 
inclO'Ure adjoining thereto. 
§ 7. Section five hundred and seven of said Code of Criminal Pro- 
cedure is hereby amended so as to read as follows: 
§ 607. It is the duty of the Agent and Warden to be present at the 
execution, and to invite the presence, by at least three days’ previous 
notice, of a justice of the Supreme Court, the district attorney, and 
the sheriff of the county wherein the conviction was had, together 
with two pbyicians and twelve reputable citizens of full age, to be 
selected by said Agent and Warden. Such Agent and Warden must, at 
the request of the criminal, permit such ministers of the gospel, priests 
or clergymen of any religious denomination, not exceeding two, to be 
present at the execution; and, in addition to the persons designated 
above, he may also appoint seven assistants or deputy sheriff's who 
may attend the execution. He shall permit no other person to be pres- 
ent at such execution except those designated in this section. Imme- 
diately after the execution a post mortem examination of the body 
ox the convict shall be made by the physicians present at the execu- 
tion, and their report in writing, stating the nature of the examina- 
tion, so made by them, shall be annexed to the certificate hereinafter 
mentioned and filed therewith. Alter such post mortem examination 
the body, unless claimed by some relative or relatives of the person so 
executed, shall be interred in the graveyard or cemetery attached to 
the ] rison, with a sufficient quantity of quick-lime to consume such 
body without delay; and no religious or other services shall be held 
over the remains after such execution, except within the walls of the 
prison where said execution took place, and only in the presence of 
the officers of said prison, the person conducting said services and 
the immediate family and relatives of said deceased prisoner. No 
account of the details of any such execution, beyond the statement 
of the fact that such convict was on the day in question duly executed 
according to law at the prison shall be published in any newspaper. 90 
ELECTRICITY AND THE DEATH PENALTY 
Any person who shall violate or omit to comply with any provision of 
ihis section shall be guilty of a misdemeanor. 
g 8. Section five hundred and eight of said Code of Criminal Pro- 
cedure is hereby amended so as to read as follows: 
\ 508. The Agent and Warden attending the execution must pre- 
pare and sign a certificate setting forth the time and place thereof, and 
that the convict was then and there executed, in conformity to the 
sentence of the court and the provisions of this Code, and must procure 
such certificate to be signed by all the persona present and witnessing 
the execution. He must cause the certificate, together with the cer- 
tificate of the post-mortem examination mentioned in the preceding 
section, and annexed thereto, to be filed within ten days after the 
execution in the office of the Clerk of the county in which the convic- 
tion was had. 
§ 9. Section five hundred and nine of said Code of Criminal Pro- 
cedure is hereby amended so as to read as follows: 
§ 509. In case of the disability, from illness or other sufficient cause, 
of the Agent and Warden to whom the death warrant is directed to be 
present and execute said warrant, it shall be the duty of the principal 
keeper of said prison, or such officer of said prison as may be designated 
by the Superintendent of State Prisons, to execute the said warrant 
and to perform ail the other duties by this act imposed upon said Agent 
and Warden. 
g 10. Nothing contained in any provision of this act applies to a 
crime committed at any time before the day when this act takes effect. 
Such crime must be punished according to the provisions of law exist- 
ing when it is committed, in the same manner as if this act had not 
been passed; and the provisions of law for the infliction of the penalty 
of death upon convicted criminals, in existence on the day prior to the 
passage of this act, are continued in existence and applicable to all 
crimes punishable by death, which have been or may be committed 
before the time when this act takes effect. A crime punishable by 
death committed after the beginning of the day when this act takes 
effect, must be punished according to the provision of this act and not 
otherwise. 
§ 11. All acts and parts of acts inconsistent with the provisions of 
this act are hereby repealed. 
§ 12. This act shall take effect on the first day of January, one 
thousand eight hundred and eighty-nine, and shall apply to all con- 
victions for crimes punishable by death committed on or after that 
date. 
State of New Yoke, 1 
Office of the Secretary of State, / 
I have compared the preceding with the original law on file in this 
office, and do hereby certify that the same is a correct transcript there- 
from and of the whole of said original law. 
Frederick Cook, 
Secretary of State^ ELECTRICITY AND THE DEATH PENALTY. 
91 
This statute going into effect January I, 1889, the 
writer felt it the duty of the body to consider, for the 
benefit of public officials, “what was the best method of 
carrying the same into effect,” and recommended to the 
Society the appointment of a committee to consider this 
subject and report. 
A preliminary report was made by this committee, at 
the November meeting, 1888, which was laid over for 
discussion to the December meeting, 1888. 
That Com nittee there made a detailed report which 
was, after discussion, unanimously adopted by the body. 
The report is as follows: 
Report of the Committee of the Medico-Legal Society on the 
Best Method of Execution of Criminals 
by Electricity. 
Introductory.—In the six weeks that have elapsed since the preparation 
of our original report to the Society we have made further valuable 
experiments, and although our report had not as yet been officially printed, 
we have received so many useful suggestions and criticisms upon such 
portions as had been given to the public in the press—both through corre- 
spondents and through discussions in various papers and journals—that 
we are enabled to present at this meeting a fuller and more explicit 
expression of our opinions. The additional light thrown upon a difficult 
problem has permitted us to make a few slight alterations in our earlier 
report, and to subjoin an appendix for the better elucidation of the sub- 
ject. 
The Report. 
To the President arid Members of the Medico-Legal Society: 
Your Commi tee appointed at the September meeting to consider and 
advise upon the proper method of executing criminals by electricity, 
reports as follows: 
The law recently passed by the Legislature of the State of New York, 
providing for the administration of capital punishment by electricity, goes 
into effect January 1st, 1S89. All murderers sentenced to death for crimes 
committed on or after that date are to die by this means. As the use of 
electricity is an entirely novel method of putting to death human individ- 
uals, the manner of the application of the lethal current requires some 
thoughtful care and study. 
The Commission appointed by the Governor to examine into various 
methods of causing death, which should be more humane than hanging, 
decided upon electricity. This Commission caused certain experiments 92 
ELECTRICITY AND THE DEATH PENALTY. 
to be carried out upon dogs, by which it was proven that electricity 
will produce certain and instantaneous death. In these experiments the 
animals were placed in a zinc-lined box half filled with water connected 
with one pole, while the other pole, in the shape of a wire, was wound 
around the nose or inserted into the mouth. There are no data as to the 
amount or kind of electricity employed. This method, although success- 
ful, is hardly applicable to a human being. 
Some experiments were conducted by one of our Committee (Dr. J. 
Mount Bleyer), and reported in the Humboldt Scientific Library, March, 
1887; and during the past summer a series of thirty or more careful exper- 
iments were made upon dogs with death currents, at the Edison Labora- 
tory, in New Jersey, by Messrs. Harold P. Brown and A E. Kennedy and 
the chairman of this Committee (Dr. Frederick Peterson) all of which are 
of particular value to us in suggesting the proper method of executing 
criminals by electricity. These last were published in detail in the Elec- 
tncal World, August 8th, 1888, and from them we have ascertained the fol- 
lowing points: 
The resistance of these dogs was measured and found to vary from 
3,600 to 200,000 ohms, depending upon the differing thicknesses of skin 
and hair, and the amount of moisture between the sk!n and the elec- 
trodes. The amount of electro-motive force was also accurately deter- 
mined, and it was found that with the alternating current, as low as 160 
volts was sufficient to kill a dog, and that with the continuous current 
a much higher voltage was necessary for the production of a fatal effect. 
There are several points requiring thoughtful consideration in the 
application of death currents to man which we now proceed to lay before 
you. 
The average resistance of the human body is about 2,500 ohms. The 
most of this resistance is in the skin. It is evident, therefore, that the 
larger the surface of the electrode applied to the body the less will be the 
resistance. But it is also a fact that the density of thei current depends 
upon the superficial area of the electrode. With a pole of small diameter 
the passing current will be more dense than when an ulectrode of large 
sectional area is applied. 
We think that immersion of the body in a large quantity of water to 
act as one pole, or the placing of large metal plates upon any part of the 
body, should be put entirely out of consideration, 't is further well 
known that, if metal be directly in contact with the skin during the 
passage of an electric current, burns and lacerations £ e apt to be pro- 
duced. 
We believe that all means hitherto suggested are open to criticism upon 
these grounds. The posture of the criminal requires also some discussion 
at our hands. We think there are serious objections to the employment ot 
any apparatus in which the prisoner takes a standing position. There are 
so many histories of unseemly struggles and contortions on the part ot 
criminals executed by the old methods, that the necessity of some bodily 
restraint is evident. Furthermore, the possibility of a tetanic contraction 
of the body from the shock of the current is to be borne in mind. In our 
opinion the recumbent or the sitting position is bestadapted to our purpose. ELECTRICITY AND THE DEATH PENALTY. 
93 
1. THE RECLINING TABLE. 
2. THE HELMET AND ACTION OP THE CURRENT. 
S. SHOWING THE ACTION THROUGH THE BRAIN. 
4. THE APPLICATION OF THE CURRENT THROUGH THE BRAIN. 9 4 
ELECTRICITY AND THE DEATH PENALTY. 
Another question of importance is to which part of the body the two 
poles should be applied. There can be no doubt that one electrode should 
be in contact with the head. The other might be placed upon any portion 
of the body, upon the trunk or extremities, but there are obvious reasons 
why the neighborhood of the spinal cord would be more advantageous. 
The electric current, in passing through the body from one pole to another, 
undergoes more or less diffusion through the tissues. A current passing 
from the top of the head to the small of the back will be diffused through- 
out a great part of the brain, and all of the tissues of the neck. The 
medulla oblongata—a part of the brain which is the most vital—together 
with all the nerves of the neck and the spinal cord, which exercise juris- 
diction over the lungs and heart, will be thoroughly permeated by the 
current applied in this way. As the seat of consciousness is in the brain, 
and particularly in the cortex of the cerebrum, it is clear that this faculty 
Of the mind will suffer at once, if the current be sufficiently strong. The 
electric stream flows from the positive to the negative pole, and there 
might be some possible advantage in placing the positive pole on the ver- 
tex of the head, nearest the center of consciousness, although death in any 
case will be instantaneous. 
After mature deliberation we recommend that the death current be 
administered to the criminal in the following manner: 
A stout table covered with rubber cloth and having holes along its 
borders for binding, or a strong chair should be procured. The prisoner 
lying on his back, or sitting, should be firmly bound on this table, or in 
the chair. One electrode should he so inserted into the table, or iuto the 
back of the chair, that it will impinge upon the spine between the shoul- 
ders. The head should be secured by means of a sort of helmet fastened 
to the table or back of chair, and to this helmet the other pole should be 
80 joined as to press firmly with its end upon the top of the head. We 
think a chair is preferable to a table. The rheopbores can be led off to 
the dynamo through the floor or to another room, and the instrument for 
closing the circuit can be attached to the wall. 
The electrodes should be of metal, between one and four inches in 
diameter, covered with a t hick layer of sponge or chamois skin. 
The poles and the skin and hair at the points of contact should be 
thoroughly wet with a warm aqueous solution of common salt. The hair 
should be cut short. Provision should be made for preventing any moist- 
ure reaching from one electrode to the other. 
A dynamo capable of generating an electro-motive force of at least 
3,000 vclts should be employed, and a current used with a potential 
between 1,000 and 1,500 volts, according to the resistance of the criminal. 
The alternating current should be made use of, with alternations not 
fewer than 300 per second. Such a current allowed to pass for from fifteen 
to thirty seconds will insure death. 
APPENDIX. 
We append here the experiments in abbreviated tabular form upon 
which we have based our conclusions: ELECTRICITY AND THE DEATH PENALTY. 
95 
•METHOD OF CONNECTING DYNAMO AND SUBJECT. JUDGE TIIOS. W. COLEMAN. JUDGE THOS. N. McCLELLAN. 
CHIEF JUSTICE GEO. W. STONE. 
JUDGE HENDERSON M. SOMERVILLE. JUDGE RICHARD VV. WALKER ELECTRICITY AND THE DEATH PENALTY. 
97 
Experiments with Death Currents by Messrs. Brown and Kennelly 
and Dr. Peterson, at the Edison Laboratory and at 
Columbia ( ollkge. 
Pounds 
Weight 
Ohms 
ReS’bt- 
unce 
Character of 
Current 
Voltage 
Duration of 
Contact. 
Result. 
Dog No. 1 
10 
7,500 
Continuous 
800 
2 seconds 
Death 
( « 
“ 2 
20 
8,500 
Alternating 
8u0 
3 
Death 
( « 
“ 3 
13>£ 
6,000 
Continuous 
1,010 
instantaneous 
Death 
t < 
“ 4 
46 H 
11,000 
Alternating 
800 
2)4 seconds 
Death 
1 < 
“ 5 
50 
6,000 
Continuous \ 
l 
i ooo, i.ioo 
1,200, 
1,400, 1 420 
and 1,200 
o Instantaneous 
sh'icks. the last 
2)4 seconds 
Unhurt 
« • 
“ 6 
55 
3,600 
Alternating 
570 
3 seconds 
Death 
1 ( 
“ 7 
41>i 
14,000 
Alternating 
250 
5 “ 
Death 
< « 
“ 8 
56 
27,500 
Alternating 
160 
5 “ 
Death 
C ( 
“ 9 
59 
5,000 
Alternating 
260 
5 “ 
Death 
« « 
“ 10 
76 
18,000 
Alternating 
330 
3 “ 
Death 
t < 
“ 11 
61 
14,000 
Alternating 
272 
5 “ 
Death 
1 < 
“ 12 
91 
8,000 
Alternating 
340 
5 “ 
Death 
« < 
“ 13 
63 
80,000 
A1 errating 
220 
30 “ 
Death 
Experiments Conducted isy Mr. A. E. Kennelly, at the Edison 
Laboratory* 
Ponnds 
Weight. 
Ohms 
Realbt- 
ance. 
( h iracter of 
Current. 
Voltage. 
Duration of 
Contact. 
Result. 
Dog No. 14 
21« 
Alternating 
205 
3 seconds 
Death 
“ “ 15 
19 X 
Alternating 
176 
15 
1 C 
Death 
“ “ 16 
39>i 
Alternating 
178 
16 
I 1 
Death 
“ «• 17 
57^ 
Continuous 
400 
40 
i < 
Death 
“ “ 18 
18>i 
• 
Alternating 
140 
45 
Cl 
Death 
“ •• 19 
20 
8,000 
Alternating 
255 
35 
Cl 
Death 
a a 20 
1614 
4,200 
Alternating 
418 
2 
Cl 
Death 
( 
Continuous 
304 
80 
c c 
) 
tt t * 21 
37 X 
200,000 j 
Alternating 
100 
65 
C I 
> Unhurt 
<« « « 22 
12H 
4,000 
Alternating 
500 
30 
c c 
Death 
“ “ 23 
S3 
11,000 
Alternating 
536 
1 V» 
1 1 
Death 
.< << 24 
10 
9,700 
Alternating 
617 
1 
« c 
Death 98 
ELECTRICITY AND THE DEATH PENALTY, 
Objections having been made to the dogs on account of the small 
weight of the animals, the following larger animals were experimented 
upon by Mr. Harold P. Brown before your Committee: 
Experiments Conducted Before the Committee of the Medico-Legal 
(Society, at the Edison Laboratory, Dec. 5th, 1888. 
By Harold P. Brown. 
Pounds 
Weight. 
Ohms 
Resist- 
ance. 
Character of 
Current. 
Voltage. 
Duration of 
Contact. 
Result. 
Horse 
1,230 
11,000 
Alternating 
7t0 
25 seconds 
Death 
Calf 
124 X 
3,200 
Alternating 
770 
8 " 
D ath 
Calf 
145 
1,300 
Alternating 
750 
5 “ 
D< ath 
In most of the dogs the poles were bare copper wire around wet cot- 
ton waste wound about a fore and opposite hind leg. Poles the same in a 
horse, but applied to both forelegs. In the calves sponge-covered metal 
electrodes were applied, one to middle of forehead, and one near the spine 
between the shoulders. 
Death with the alternating current was without a struggle ; with the 
continuous, painful and accompanied by howling and struggling. 
In the earlier experiments where the alternations were from 660 to 
4,100 per minute, the voltage was higher. In most of the experiments the 
alternations were made from 12.000 to 17.280 per minute, and the number 
of volts electro-motive force required was decreased. 
It was suggested to us that the current should be applied through 
wristlet electrodes. Acting upon this idea we caused the poles to be 
applied to the forelegs of the horse, but were disappointed in the result. 
This method seemed not nearly as effective as our own suggestion of 
application to the head and back, as was illustrated in the speedy and easy 
death of the two calves. 
Mr. Elbridge T. Gerry, Chairman of the Commission appointed by the 
Governor, whom we invited to accompany us and witness the litest exper- 
iments, has suggested that clock-wmrk be employed to make and break the 
circuit when ciiminals are executed in this manner, and we think this a 
matter worthy of the attention of those who are to carry out the require- 
ments of the law. His request that we specify more particularly the kind 
of apparatus needed, has led us to make inquiry in this direction. Rela- 
tive to this matter, Mr. Harrold P. Brown, who, by his numerous physio- 
ogical experiments with death currents and his high attainments in this 
department of science, is pre-eminently qualified to speak with authority 
upon this subject, recommends as follows : 
“I think a portable steam-engine of three-horse power with a dynamo- 
electric generator of the alternating type, self-exciting or with a small 
exciter, would be preferable. I approve fully the recommendations of 
your committee in regard to the electro-motive force and other details. 
In my opinion $5,000 would cover the cost of this apparatus.” EL ECTRICITY AND THE DEATH PENALTY. 
99 
If any doubt should exist in the minds of some that electricity would 
not necessarily be fatal to man because it has been successfully applied to 
lower animals, we have but to call attention to the fact that since 1883 
some 200 persons have been killed, as we are credibly informed, by the 
handling of electric lighting wires. 
As most of these people were killed probably by contact of the hands 
with the wires, it shows that in man at least death is rapid in this manner. 
Hence the suggestions made to this Committee as to the use of wristlet 
electrodes have their value; and it is possible that this method, with the 
prisoner fastened in a chair, may ultimately prove the most desirable, as 
doing away with a complication of appliances and lending greater simplic- 
ity to the procedure. 
Frederick Peterson, Chairman. 
R. Ogden Doremds, 
Frank H. Ingram, 
J. Mount Bleyer. 
Hon. Elbridge T. Gerry, who was named as a member 
of this Committee, preferred, on account of his relation to 
the Legislative Commission, not to act upon this committee, 
and his name is therefore not attached to this report. 
Mr. Henry Guy Carleton, a member of the body who 
has given the subject great attention, read a carefully 
prepared paper at the December meeting on the same 
subject, which was considered at the same session at which 
the report of the Committee was approved. 
The law, by its terms, goes into effect January i, 1889, 
and should be given a fair trial before popular opinion 
should be excited against it or any general reopening of 
the discussion as to its wisdom. 
It will be the first attempt made to use the electric 
current as a means of producing death or as a human 
punishment. 
The Committee of the Medico-Legal Society were 
authorized and requested to consult electricians; and their 
report as to the selection of the appropriate current to 
be used is based as well on actual experiments as on 
the highest electrical authority. 
Mr. Thomas A. Edison, than whom none can be 
regarded as a higher authority, has said upon this sub- 
ject : 
The beet appliance in this connection is to my mind the one which 100 
ELECTRICITY AND THE DEATH PENALTY. 
will perform its work in the shortest space of time and inflict the least 
amount of suffering upon its victim. 
This 1 believe can be accomplished by the use of electricity, and 
the most suitable apparatus for the purpose is that class of dynamo 
machinery which employs intermittent currents. 
The most powerful of these are known as “ alternating” machines. 
The passage of the current from these machines through the human 
body, even by the slightest contact, produces instantaneous death. 
The plan suggested by the Committee is one which 
leaves no room for intelligent doubt or criticism, that if 
followed by the warden of the State prison or other offi- 
cials, the law, in its spirit and intent, will be perfectly and 
successfully carried into effect.  MONOMANIA. 
By Clark Bell, Esq. 
President of the Medico-Legal Society of New York. 
“There is a pleasure in being mad, which none but madmen know.”— 
(Dryden.) 
Webster defines monomania as follows : 
“Derangement of a single faculty of the mind, or 
with regard to a particular subject, the other faculties 
being in regular exercise.” 
Worcester defines it from its Greek roots : ijlovos, 
single, and pavia, madness. 
“ Insanity upon one particular subject, the mind being 
in a sound state with respect to other matters.” 
Quains Medical Dictionary in a definition under this 
head, written by Dr. G. F. Blandford about 1882, says : 
“ This term is falling into disuse on account of its vague- 
ness, and because it has been employed by various 
writers to denote different kinds of insanity. Some have 
used it to denote an insanity which is indicated by some 
one particular delusion, the mind remaining clear on 
every other point. Others mean by it an insanity with- 
out delusion; an affective or impulsive insanity, the 
essence of which is the absence of delusion and the 
so-called integrity of the intellectual portion of the mind.” 
Esquirol thought it a disorder of the faculties limited 
to a few subjects, with excitement and gay and expan- 
sive passion, while according to others melancholia with- 
out delusion would be an instance of affective mono- 
mania. “We may take it, however, that all authors are 
agreed in using the term monomania to indicate a par- 102 
MONOMANIA. 
tial insanity, which enables the patient to converse and 
act rationally to a considerable degree, and therefore 
renders his responsibility a matter of question. Such 
cases form the ground of forensie contests, whether 
criminal or civil; but it is better to affix to them some 
more precise form and to indicate symptomatologically 
and pathologically the exact nature of the mental and 
bodily condition of the alleged lunatic.’’ 
Esquirol evidently regarded monomania in a different 
light from the English lexicographers. He, though a 
pupil and an ardent disciple of the great Pinel, made 
monomania a separate order and head of a class in his 
classification. Pinel had classified insanity as Neuroses 
under four heads, viz: Mania, Melancholia, Dementia 
and Idiotism. Esquirol modified this plan as follows : 
1st, Lypomania; 2d, Monomania; 3d, Mania; 4th, 
Dementia ; 5th, Imbecility and Idiocy. 
In describing monomania Esquirol says: “Among 
monomaniacs the passions are gay and expansive; en- 
joying a sense of perfect health, of augmented muscular 
power and of general well being, this class of patients 
seize upon the cheerful side of everything; satisfied 
with themselves they are content with others. They 
are happy, joyous and communicative ; they sing, laugh 
and dance. Controlled by vanity and self-love, they de- 
light in their own vainglorious convictions in their 
thoughts of grandeur, power and wealth; they are 
active, petulent, inexhaustable, in their loquacity and 
speaking constantly of their felicity. They are suscepti- 
ble and irritable ; their impressions are vivid, their affec- 
tions energetic, their determinations violent : f 'sliking 
opposition and restraint, they easily become angry and 
even furious.’’ 
Esquirol, by selecting monomama as one of his sep- MONOMANIA 
103 
arate heads or forms, may be said to have been the one 
who introduced this nomenclature to the profession—its 
author or proposer. Upon his authority this term has 
been adopted by a large number of the medical and by a 
few of the lay writers. 
Morel, in criticising Esquirol’s definition and descrip- 
tion of monomania, says: “We cannot too strongly 
invite the attentive reader to reflect upon these per- 
emptory passages and consider whether Pinel and 
Esquirol, who wrote them, should not have arrived at 
the conclusion that through an unfortunate confusion 
of ideas they mistook a systemized delusion for an exclu- 
sive and local delusion. We affirm the close connection, 
the solidarity of the ultimate relation between the 
various acts of the intelligence, not only in the home of 
our observations and of our personal inductions, but 
also in the name of the history of philosophy. This be- 
ing granted the question is whether the condition of 
mental alienation can break this essential law of the 
unity of intellectual life ; for it is clear that if logic and 
experience constrain us to decide this problem in the 
negative, we ought also to reject the theory of Esquirol. 
We could not have a complete idea of the motives which 
impel the insane to some of their acts, unless we were 
freed from error in regard to monomania. 
Dagonet thus speaks of monomania: “In fine, the 
term monomania might without inconvenience disap- 
pear from science, where it becomes a cause of confusion 
and embarrassment in the study of pathological facts. ” 
Marc, who wrote in 1840, and who was a careful 
student and countryman of Esquirol and Pinel, devotes 
considerable space to monomania. He takes similar 
views to the illustrious Frenchmen who had preceded 
him, and treated monomania as a type or phase of 104 
MONOMANIA. 
insanity, subdividing it into Homicidal Monomania, 
Suicidal Monomania, Demoniacal Monomania, Sexual 
Monomania or Erotomania, Monomanie du vol, or Clep- 
tomania, Incendiary Monomania or Pyromania, and 
lastly Contagious Monomania. (Vol. 1, Marc on Insan- 
ity, p. 221 Annales de Hygiene et de Med Legale, Vol. 
X, p. 357.) 
A study of this author illustrates how utterly mislead- 
ing the term monomania is, and how completely and 
fundamentally authors who do use the term, differ as to 
its meaning. 
Pope means the monomaniacs of Esquirol in his 
verses : 
“Unnumbered throngs on every side are seen, 
Of bodies changed to various forms by spleen • 
Here living teapots stand, one arm held out; 
One bent; the handle this, and that the spout 
A pipkin there like Homers tripod walks ; 
Here sighs a jar, and then a goose pie talks.” 
The lay writers, judges and lawyers almost universally, 
have given to the term monomania the signification and 
definition, that Webster and Worcester give in their 
lexicons. 
The judge on the bench, the lawyer and jurist every- 
where, regard the monomaniac as one who labors under 
some one delusion, and in all other respects possesses 
clear faculties. It has been made the subject of judicial 
decisions in that class of cases denominated ‘‘ partial 
insanity,” as well as in “ insanity with lucid intervals,” 
both of which the law fully recognize, where the evi- 
dence brings the case within either of these states or 
conditions, which to the legal and general lay mind, seem 
clearly recognizable and definable. Among many medi- 
cal writers this general view of the laity is not accepted. MONOMANIA. 
105 
Kraft-Ebing and the German medical alienists do not 
use it in such a sense, nor within such limitations. 
In Kraft-Ebing’s classification of insanity he divides 
mental disturbances into two great classes : A. Mental 
affection of the developed brain, which embraces all 
forms of insanity, and under B. Mental results of 
arrested brain development, as idiocy and cretinism. Of 
class A. he makes three subdivisions : 
1. Psychoneuroses. 
a. Primary curable conditions, and 
2. Secondary incurable states under subdivision 
a., of which he names “ secundaen verruecktheit,’’ 
which is translated by some as “ secondary mono- 
mania.’’ 
In his second subdivision of class A. 
2. Psychical degenerative states, under subdivis- 
ion C, of which he gives “primaere verruecktheit, ’’ 
which has been translated by some, and we think im- 
properly, ‘ ‘ Primary Monomania. ’’ It is not at all certain 
that Kraft-Ebing means, to embrace in his classification 
under these terms, the monomonia of Esquirol and Pinel, 
nor the state which is now usually meant by the German 
writers, when the term monomania is used. There is no 
high author ity we have seen for claiming that Kraft- 
Ebing would consent, to the use of these terms as synony- 
mous. In the second subdivision of his criticism upon 
classification of mental diseases, he says : 
“ Melancholia in the sense of dejection, is closely allied 
with self-complaining monomania and “demeaning 
monomania,” known as one of the forms of disease fre- 
quently found outside of asylums, but rarely in them.” 
3. Upon the whole, exhilaration with self-vaunting 
monomania, and volubility of expression, are seldom 
enumerated under the he ids of mania, nor in any delir- 106 
MONOMANIA. 
ions state. This classification separates the latter state, 
from the forms of acute insanity, just as it does exhila- 
ration, from the self-vaunting monomania, of chronic 
primary insanity. 
Theodore Meynert certainly does not use the various 
forms of monomania referred to in his paper on classifi- 
cation, read before the Austri-Hungarian School of Psich- 
iatry, a translation of which by Albert Bach, is found in 
No. 4, Vol. 3 of the Medico-Legal Journal. 
Prof. Senator Andrea Verga certainly does not mean 
such a type or form of insanity, in the monomania he in- 
cludes as a distinct heading, and as one of his subdivisions 
of acquired phrenoses. He enters it as a type, and subdi- 
vides monomania into two classes, “Intellectual and 
Emotional.” Indeed, it cannot be said that these terms 
either mean the same thing in their literal meaning, or 
that the states described by the German term, Verrueck- 
theit, having anything in common, with what is usually 
regarded as monomania, by either medical or lay writers. 
It is significant that Kraft-Ebing, in his classification, 
does not use the term monomania at all, and it is more 
easy to believe that this celebrated German writer, is one 
of those, who have decided to discard it altogether. 
The American authority, Prof. Ewell, who has trans- 
lated Kraft-Ebing’s classification into his recent treatise, 
has doubtless been misled, by copying from some of the 
younger writers, who make this translation more to sup- 
port theories of their own, than to interpret the author’s 
true meaning. Indeed, as used by Kraft-Ebing in his 
classification, neither “ primaere verruecktheit ” nor “ Se- 
cundaen verruecktheit ” as classified by him, can by any 
fair construction be claimed to mean, the monomania 
now in use in English-speaking countries, because subdi- 
vision 2 of Kraft-Ebing’s classification refers to incura- MONOMANIA. 
107 
b'e types, and in other respects differs, from the generally 
received opinion of the proper use of the term, “ Mono- 
mania,’’ though no one is in doubt as to the literal mean- 
ing of the “ verruecktheit ” of the Germans of which we 
speak elsewhere. 
Greisenger, that eminent name, in speaking on this 
subject, says: 
“ Thus the excitement of the monomaniac does not 
pass so immediately towards the exterior ; effort is ac- 
companied by clear conscious thoughts and opinions loses 
thereby its instinctive character, and becomes actual 
morbid volition. With far greater, sometimes with per- 
fect outward calm, there is a more profound internal loss 
of reason, than in mania, because consequences soon re 
suit from the general excitation which set aside the 
essential conditions of healthy mental action.” Prof. 
Lefebere, in his classification, does not include mono- 
mania as a head, but in discussing the subject in the 
paper read before the Antwerp Congress of September, 
1885, on the various forms of mania, he says: “ Then 
the extent of the delirium, whether general or partial 
mania or various, and the various forms of monomania, 
moral and intellectual insanity should also be regarded 
as proper subdivisions to types of monomania.” 
It is quite apparent that none of the Belgian Alienists 
regard monomania with such limitations as do English 
and American jurists or lay writers. Dr. Steenburg, in 
his basis of classification submitted to the Belgian So- 
ciety, after a full conference with prominent alienists in 
Denmark, Norway and Sweden submits, seven distinct 
heads or forms of insanitv, the third of which he clas- 
sifies as Degenerative Insanity, which he subdivides as 
follows: “Primare verruecktheit ” or monomania, Hy- 
pocondria, Hysteria, Recurrent Insanity, and Moral 108 
MONOMANIA. 
Insanity. The primare vermecktheit of the Germans, 
has a much broader sense than can be properly given to 
the term “ monomania,’’ though it would seem that there 
is an attempt by some writers to use them synony- 
mously. The vermecktheit is derived from “ verruekt,” 
which means “ shifted from its place ”—and isanalagous 
to the Scotch phrase indicative of a derangement of the 
mind, “a bee in the bonnet,” or our own expression, “ a 
screw loose,” or the significant term, “cracked.” Neither 
of these expressions can with any propriety mean or be 
used for “ monomania,” and there is nothing in the ety- 
mology of these expressions that at all indicates or 
means “monomaniacs.” Sankey says, speaking of 
Greisenger’s work below, that he divided it into three 
parts. 1st: States of mental depression ; 2d, states of 
mental exaltation; 3d, states of mental weakness, and in 
considering the latter he makes four degrees, or exclud- 
ing the last, Idiocy, three degrees of mental weakness. 
The first of these three divisions, vermecktheit, the 
second, verwertheil, and the third blodsin. Vermecktheit 
corresponds to our word, imbecility, but Greisenger was, 
he says, criticised for including this, which, as was said 
above, literally means a defect in intellect, among the 
states of mental weakness, since in certain cases accord- 
ing to his own accounts, there remains a good deal of 
tendency to violence. (Sankey on Mental Diseases, p. 187, 
et seq.) 
Dr. Ralph Parsons says that “within the past few 
years the term, paranoia, has been used to a considera- 
ble extent as a substitute for the term monomania, espe 
dally by the younger writers on the subject of mental 
diseases.” But he claims that the objections to this term 
as a substitute, are as forcible and strong, as to the use 
of the term monomania itself, because “ If the meaning MONOMANIA. 
109 
of monomania is too narrow, for the purpose required, 
that of paranoia is too broad, and it may be added, too 
definite for the designation of something different from 
its evident meaning, which is simply distraction, crazi- 
ness, insanity.” 
Paranoia, as the synonym of folly, retains its original 
signification and has nothing in common with the mean- 
ing to be conveyed by the term monomania.’’ 
Swell, in his recent work on Medical Jurisprudence, 
makes monomania synonomous with paranoia, adopt- 
ing the views of the ambitious young writer who can 
hardly be regarded as an authority, and thus defines 
monomania: “Monomania, as it has hitherto been 
called, or ‘ Paranoia,’ is a chronic form of insanity, based 
on an acquired or transmitted nero-degenerative taint, 
and manifesting itself in anomalies of conceptional 
sphere which, while they do not destructively involve the 
entire mental mechanism, denominate it.” (Ewell’s Med. 
Juris., p. 360.) 
Sankey says upon this subject: “Monomania—'This 
term has been used in different ways; by some it is 
taken to mean that a patient was mad on only one point 
or one subject. Such was not the signification meant 
by those who proposed it, and such a condition does not 
exist. Most writers have agreed to abandon the term. 
(Sankey on Mental Diseases, p. 194.) 
Greisenger holds similar views, (i. e., Patholigie and 
Therapie de Psychischent Krankherten, 45.) 
Dr, W. A. Hammond in his classification of insanity 
makes seven general divisions : 1. Perceptional ; 2. 
Intellectual ; 3. Emotional; 4. Volitional; 5. Com- 
pound ; 6. Constitutional; 7. Arrest of Mental Develop- 
ment. In his second subdivision on intellectual insan- 
ities he makes six subdivisions, the first two of which 110 
MONOMANIA. 
are: a. Intellectual monomania, with exaltation, b. 
Intellectual monomania, with depression. 
Dr. Ray does not include the term monomania in his 
classification. Neither do Dr. R. L. Parsons, Dr. H. P. 
Stearns, nor Dr. Walter Channing. It is not named in 
the basis adopted by the German alienists at Frankfort 
on the Main in 1881; in the Westphal plan of 1885, nor 
the Wiesbaden plan of 1883, nor in Meynerts classifica- 
tion, that of the Swiss alienists submitted by Prof. 
Willie, nor that submitted by Dr. Steenberg for the Scan- 
dinavian countries. By the manner in which they use it, 
their seventh general heading is “chronic delirium” 
(monomania). There would be confusion and difference 
of opinion between American and English lawyers and 
physicians as to the exact meaning intended to be given 
by the English alienists, in embracing “monomania” 
in brackets under the general head of “chronic delirium.” 
It would seem to imply as there used rather certain 
phases of chronic or incurable mania than an insanity 
limited to a single subject or indeed a class of subjects. 
Dr. Hack Tuke thus speaks of the subject: “We 
heartily wish ‘ monomania ’ had never been introduced 
into psychological nosologies, for if understood in a 
literal sense, its very existence is disputed, and if not the 
various morbid mental conditions it is made to include 
by different writers, leads to hopeless confusion. With 
one author it means only a fixed morbid idea, with 
another only partial exaltations, while a third restricts 
it to a single morbid impulse. As we proceed we shall 
consider its signification, but we shall not frequently em- 
ploy the term.” 
Dr. Henry Maudsley, writing on monomania, says: 
“ The course of monomania is not often toward recovery. 
The reasons are plain: In the first place, when it is MONOMANIA. 
111 
secondary to mania or melancholia, it signifies a chronic 
morbid condition, which is a further stage of degenera- 
tion, of the delicate organization of mind. In the second 
place, when it is primary, it is the morbid outgrowth of 
a fundamental quality of character, so that to get rid of 
it, would be to undo the very character from its founda- 
tion.” And again: “It is doubtful whether there is 
ever only one point, on which the mind is unsound.” 
And again : “When the monomaniac (so called) comes 
under the observation of one, who is not only competent 
to observe, but has sufficient opportunities to do so, it 
will commonly be found, that there is a bluntness or loss 
of his natural affection and social feeling, in consequence 
of his being so entirely centered, in his morbid self; that 
his character and habits have undergone some change, 
and that he exhibits an excitability of mind, Avith loss of 
self control, in circumstances which would not formerly 
have provoked it.” 
The Saratoga conference of American alienists placed 
monomania also in brackets, under their 3rd general 
subdivision of heads or types, viz : “ Primary delusional 
insanity (monomania).” And while it is here, as in En- 
gland “relegated to*brackets,” as Dr. Walter Channii g 
aptly states, it is misleading as thus used in the Ameri- 
can classification, and not quite understandable to lay 
writers or judicial minds, even though physicians should 
all concur Avith the eminent men Avho thus limited it, to 
primary delusional insanity, without apparently restrict- 
ing it to one delusion, or even to one class of delusions. 
It is clear from a statement made hy Dr. Walter Cl.ali- 
ning in his paper on international classification of 
mental diseases, that it was xhe intention of the Ameri- 
can alienists, to make their 3rd division synonymous 
with thePrimare Verruecktheit of the Germans, showing 112 
MONOMANIA. 
that the bent of the American medical mind, was to give 
at least in some degree, to the word “monomania” a 
special signification, not warranted by its deriviation, by 
the lexicographers, and for which it lacked all the 
requisites of nomenclature, now recognized as necessary 
to a correct or available definition. 
Dr. Theodore H. Kellogg, an American alienist of ex- 
perience and a high authority, in an exhaustive essay on 
insanity over his name in the Reference Hand Book of 
the Medical Sciences, best illustrates the influence of Ger- 
man ideas, and teachings in his classification, not intend- 
ed like these to which we have referred, as a basis for in- 
ternational statistics regarding the insane, but as a more 
complete and exact scientific classification, from the au- 
thor’s standpoint, which should embrace, as Theodore 
Meynert says, ‘'All the possible learning of its day, and 
that none should stand that goes beyond that.” Dr. Kel- 
logg, a pupil of Meynert, looks at these questions through 
Germ rn spectacles. His classification is divided into two 
groups : A. (Somato-etiological), and B. (Psycliosympto- 
malological). In his 1st group he has six classes, the 
2nd of which is denominated as “ Emerging from con- 
stitutional neuropathic states, usually hereditary though 
occasionally acquired.’’ This class he divides into four 
orders, viz: 
1. Instinctive insanity of childhood. 
2. Primary monomania. 
3. Moral insanity. 
4. Periodical insanity. 
In his group B, he has only three classes: 1, that of 
feeling; 2, of intellect, and 3, of will. He divides his 
first class of group B into two orders; the first, states of 
depression, and second, of exaltation. This first order 
(states of depression) he subdivides again into Genera MONOMANIA. 
113 
primary and Genera secondary, in the sixth subdivision 
of which he places “ secondary monomania with depres- 
sion, and in his second order (states of exaltation), in 
the second genera, he places in his fifth subdivision 
“ secondary monomania with exaltation.’’ 
We have, then, from Dr. Kellogg primary mono- 
mania as a disease in his somato etiological group, and 
secondary monomania, being of psycho-symptological 
form, and distinguished by depression on the one hand, 
and exaltation on the other. No one can for a moment 
contend that Dr. Kellogg uses the term in the restricted 
sense of the lexicographers. All jurists and lawyers 
would be in doubt, as would some medical men, as to 
what he does mean, by his use of these terms, if they 
had before them, only the classification itself. Dr. Kel- 
logg says, however, in explanation: primary mono- 
mania (order 2) includes all those forms of fixed and lim- 
ited delusions “that are the morbid result and expres- 
sion of a constitutional neuropathic condition.’’ And 
he fully describes his use of the term and of the second- 
ary monomania, as he uses them (which have very little 
to do with the term as generally understood by legal 
or lay writers), and admirably and ably gives, that ex- 
tended use of the term, that the abler writers of the Ger- 
man school have adopted, as a sort of growth, about 
which there is so much confusion among medical writers 
and which is terra incognita to laymen and jurists. It 
has come to be used in a very broad way by some writers 
who have not as completely defined what they do 
mean, as has Dr. Kellogg, but whose definitions are 
quite unknown, to the general reader. Dr. Kellogg 
gives the ablest and most complete classification, recently 
contributed to the profession, from a scientific stand- 
point, but not at all fit for a practical use, as a basis of 114 
MONOMANIA. 
international statistics of the insane, and it is marred 
by the use of those terms, the signification of which, 
would not be correctly understood, by the average or 
general reader at all. 
Thomas Medical Dictionary, a medical work, thus de- 
fines “ monomania’’ (from the Greek fiovos, single, 
only, one; and avia, madness): a kind of insanity in 
which the patient is irrational on one subject only, on 
all others clear and correct. This term has been em- 
ployed by various writers to denote different kinds of 
insanity, but authors now generally agree in using 
it to indicate a partial insanity, in which the patient can 
converse and act rationally to some extent. The term 
is falling into disuse on account of its vagueness. 
Among physicians who advocate the rejection of the 
term monomania, we may mention several. Pliny 
Earls says in his letter to Clark Bell, Esq., of April 15, 
1885 (Medico-Legal Journal, vol. 3, p. BU): “I would 
reject the term monomania chiefly, because, 1st, I have 
never seen a case in which the delusion was confined 
strictly to one subject, although I have seen many in 
which it was limited to a class of subjects, or to one cen- 
tral subject, and all or many other subjects related to or 
connected with it; and 2d, because it has been exten- 
sively used in this country, as a cover for cases not only 
of delirium tremens and alcoholism, but in a multitude 
of instances of simple habitual inebriety.” 
Dr. Walter Chinning, the able Secretary of the Sara- 
toga Conference, in writing of its action regarding 
monomania, says: “ Our form 3 of ‘ primary delusional 
insanity’ was the only term coined for our arrangements, 
and is naturally the one most open to criticism. We 
desired to do away with ‘monomania,’ an expression 
which has slowly lost its significance, until it is now rele- MONOMANIA. 
115 
gated to brackets, and will soon be lost in oblivion ” 
(American Journal of Insanity, January, 1888, p. 378). 
Dr. Henry P. Stearns, the Vice-President of the Sara- 
toga Conference, in an able paper on ‘ ‘ Classification of 
Mental Diseases,” says upon this subject: A few words 
in reference to the use of the term ‘ monomania. ’ Es- 
quirol introduced this term, to designate a species, rather 
than a genus, of mental disease. It would appear that 
at first he thought, there was a special form i. e., insert 
the clause pp. 354, 355, 35G in brackets, American Jour- 
nal of Insanity. 
Dr. Allen McLane Hamilton says in his recent work: 
“ The term ‘ monomania’ is an impractical refinement.” 
Dr. Ralph L. Parsons, an alienist of large and exten- 
sive experience, in an able paper upon “monomania,” 
claims that this term, as used by Esquirol, was mislead- 
ing, and its selection unfortunate for the purpose for 
which it was designed or intended to be used, by Es- 
quirol himself, while the term as now used by medical 
men, does not even mean what Esquirol intended, illus- 
trating that the monomaniac, as understood to-day, is 
often depressed in mind and hindered in his mental 
operations, the opposite of the “gay, rash, petulant, 
audacious,” talkative, blustering, pertinacious and eas- 
ily irritable type, described by him, and is not necessar- 
ily found in the course of the disease to be “ of more acute 
duration shorter and termination more favorable,” as de- 
fined by Esquirol. Dr. Parsons says in his paper “ No- 
menclature in Psychiaty, Journal of Nervous and Men- 
tal Diseases, vol. xlv., No. 4.” “The objections to the 
term ‘ monomania ’ are such that many physicians en- 
gaged in the care of the insane do not use the term at 
all.” And in his classification of mental diseases he 
omits entirely the term “ monomania ” altogether in a 116 
MONOMANIA. 
very elaborate and able classification, as misleading and 
improper to be used. In the former paper, after re- 
viewing an author who had undertaken a defence of the 
term, which he characterized more as an apology than 
a defence, and a general consideration of the views of 
various writers on the subject, Dr. Parsons remarks: 
“ The objection to the term, however, does not lie in 
the fact that its literal meaning, and the signification 
attached to it, by learned writers on the subject, fail to 
correspond, but in the fact that its literal meaning is so 
well de ined and so easily understood, that it involves 
within itself, an idea at variance with its real scientific 
meaning ; and hence that its literal meaning is under- 
stood, instead of the real one, by most persons who see 
or hear the term.” He also remarks in the same connec- 
tion : 
“The misleading of the term is liable to be of especial 
disadvantage, in courts of justice where the correct defl- 
ations of the learned counsel and of expert witnesses 
on one side, may fail to enlighten the intelligent jury in 
opposition to the interpretations of counsel on the other, 
aided by the evident implicit meaning of the term.” 
From what has been said, it is quite apparent that the 
term, monomania, should now be dropped from the no- 
menclature of mental diseases. It is not enough that 
G-riesenger, Sankey, Ray, Earl, Tuke, Stearns, Parsons, 
Channing and a great array of names, should so advise. 
It should be made the subject of some general authorita- 
tive action, which would arrest the attention and exer- 
cise a controlling influence, upon the scientific world. As 
a summary of the views, of so many of our abler minds 
and the situation, it may be said to-day, that the use of 
the term should by general and universal consent, be 
abandoned as misleading and unreliable. 117 
MONOMANIA. 
This paper has been prepared to call the attention of 
the Medico-Legal Society, and of the American Asso- 
ciation of Medical Superintendents of Insane Asy- 
lums, to the subject. The former has in its mem- 
bership at the present moment a large number of 
superintendents of asylums in America, and in its corre- 
sponding and honorary list a very large number of the 
leading alienists of the world. If this proposition should 
receive the favorable consideration of a carefully selected 
committee chosen from the ablest alienists of that body, 
and should receive the endorsement of your association, 
it might be followed by similar action in the British 
Medico-Psychological Association, in the Society Medico 
Psychologique of Paris, the Societies of Psychiatry of 
Germany, Italy, Kussia, Holland, Belgium, and other 
countries, and “monomania” be hereafter studied his- 
torically, as a curious illustration of how the same word 
meant an entirely different mental state or condition in 
one country, era, or profession, from that which its deri- 
vation signified, and from the meaning universally given 
it by the lexicographers and the legal profession. SEPARATE ITOSPFIALS FOR INSANE CON- 
VICTS. 
By ClarI?; Bell, Esq. 
President of the Medico-Legal Society of New York. 
While most alienists and legislators agree that the de- 
fenceless insane should not be subjected to contact with 
those insane who have committed crimes, or with crimi- 
nals who have become insane while serving sentence, 
there seems in the smaller states an insurmountable dif- 
ficulty, in the way of erecting hospitals for the class 
called “Criminal Insane.” 
It is an outrage to compel an insane person to associate 
with convicts, sane or insane, and none feel this more 
deeply than the insane themselves, not even excepting 
their immediate friends. 
This offence against the insane, by the states or au- 
thorities who commit it, is all the more indefensible 
because of the utter defencelessness of the insane them- 
selves, even to protest against it. They have no organ, 
and no ear hears their voice. 
Among all the most miserable of the human race, even 
under the most favorable conditions, there are no greater 
unfortunates than the hopelessly insane. 
The Earl of Sheftesbury, after nearly half a century 
of experience with British asylums, public and private, 
broader and wider than any living man of his day, or of 
our century, declared his unwillingness to trust even 
the relatives of the insane, with the poor duty of visit- 
ing them in their affliction, and asked the English Par- 
liament to make visitation by relatives compulsory by 
law.  ;4v-/ SEPERATE HOSPITALS FOR INSANE CONVICTS. 
119 
Neglect, want of proper care and treatment, brutal 
attendants, want of proper sanitary precautions, cold, 
insufficient clothing, solitary confinement, imprison 
ment, restraint in all its forms, are ills which legislators 
can charge to the account, neglect or misconduct of the 
officials or superintendents in charge of asylums, their 
assistants and employees ; but forcing the innocent in- 
sane to consort with convicts, is a crime of which the 
state that suffers it is guilty, and for which legislators 
and not medical superintendents, should be held respon- 
sible. 
How can this duty, which the State owes to its insane, 
be best discharged in a small State like Delaware or 
Rhode Island ? 
How can the offence and outrage perpetrated by the 
State, in committing the insane, called “criminal,’’ to 
the State Asylum for the innocent insane, in states like 
New Hampshire and other of the lesser states be pre • 
vented and avoided ? 
These are the problems of the hour. 
There were in 1880, 350 insane convicts confined in the 
various hospitals of the insane in the United States. 
If it were true in any state that the number of insane 
called “ criminals,” was sufficient to warrant the con- 
struction of a small separate hospital for them, under a 
superintendent and assistants, that state would be 
wholly without excuse in not so doing. 
Take the case of New Hampshire, which has only 
fourteen convicts committed either by order of the 
court, to the State Asylum, or by the Governor and 
council, from inmates of prisons, who became insane 
while serving sentence. It would not, perhaps, justify 
the erection of a costly building in that state for such a 
RELIEF BY STATES. 120 
SEPARATE HOSPITALS FOR INSANE CONVICTS. 
small number, but a state like New Hampshire, who 
only contributes $6,000 per annum to the support of the 
State Asylum for the Insane, might w'ell purchase or 
lease a small property in which to care for the insane of 
this class, that would not of course, be attended with 
very much expense, and at the same time meet the issue 
in an honorable way. 
It would not cost that state or any state more to sup- 
port in an institution, with proper care, twenty or t irty 
inmates with one physician, one assistant and three or 
four attendants, than it would the physician who main- 
tains a private asylum for a much less number, at his 
own cost, who receives compensation therefor. 
There is in our judgm* nt no state that has even five 
or six of this class of insane, who can honorably justify 
itself in forcing the insane called “ criminal ” into the 
State Asylum with the innocent insane, upon any such 
a plea as that of the expense of maintaining so small an 
asylum. 
When physicians competent for such a service can be 
found who wfill undertake to lease or furnish a suitable 
house for such a number, for a reasonable compensation, 
wThere can any pretence be reasonably or honorably 
maintained for the continuance of a system defended by 
none ? 
Even if there force in the excuses, commonly 
presented by those officials responsible for the existing 
state of things in so many of the American states, there 
are, it seems to me, several remedies within the reach 
of legislative action. 
1st. By the passage of laws in the states permitting 
the insane of this class from sister states to be received, 
by agreement, under such regulations and upon such 
terms, as would produce the desired result, and allow SEPARATE HOSPITALS FOR INSANE CONVICTS. 
121 
the larger states to have these asylums, like New York 
and Michigan, to receive inmates from such states as 
had no asylums, at the expense of the state sending them, 
at a per capita rate. 
2d. By two or more of the lesser states either uniting 
in the erection and maintenance of a suitable hospital 
for the wants and requirements of the states uniting in 
the expense, to be borne ratably or equally by each, and 
the government, management and supervision regulated 
by a board agreed upon by both, who would select the 
superintendents and employees. 
3d. By one small state providing by treaty or ar- 
rangement for the care of its insane of this class, with 
another state, who either had such an asylum or pro- 
posed to erect one, and located so contiguously to each 
as to make a common use by the two, or more states, 
convenient to all, and to offer to each all the advantages 
of a large institution for the so-called “criminal in- 
sane.” 
RELIEF BY THE GENERAL GOVERNMENT. 
Broadmoor Asylum, in England, reaches this class for 
that country, where the evil can be directly reached by 
the general government. 
Cannot our general government reach also a solution 
of this question ? 
The government of the United States now maintains 
a national asylum for the insane in the District of Co- 
lumbia. 
The same authority exists for the construction by the 
general government, of a suitable asylum for the insane 
called “ criminal’’ as for the innocent insane. 
At the present moment there is confined in the Gov- 
ernment Asylum for Insane at Washinton, John Daley, 
recently committed, who killed at Washington Joseph 122 
SEPARATE HOSPITALS FOR INSANE CONVICTS. 
C. G. Kennedy. He was committed by the Supreme 
Court of the District upon the verdict of a jury pro- 
nouncing him insane when he committed the homicide. 
The District of Columbia is not, perhaps, suitable for 
such a purpose, as it is smaller than the lesser states, 
and has less in population than most if not all of the 
States. If, however, the general government should 
erect in the district a hospital for insane convicts, it 
would not only be within its general province and pow- 
ers, but would be the simple, direct discharge of the same 
duty and obligation which rests upon the several States, 
m what the Government owes to the insane of the na- 
tion of this class ; and the same responsibility rests upon 
Congress for the District that rests upon the legislatures 
of the states for their citizens. 
If Congress, in establishing this hospital, should pro- 
vide that insane convicts from any state or territory 
where no hospital for insane convicts was in 
might be committed to the National Hospital, either by 
the courts at the trial, or by the authority of the gov- 
ernors upon such terms as should be just and equitable 
among the states—if it was felt that such a change 
should not be maintained at the expense of the general 
government—the problem might thus be immediately 
solved. 
The case of Daley and similar cases occurring or likely 
to occur, brings this live question, with its responsibil- 
ities, upon our national government. 
We hope that it will be met with promptness and that 
consideration which the importance of the subject 
demands. 
The Government of the United States would doubtless 
add to the dignity and greatness of the nation by estab- 
lishing on a scale equal to the establishment at Broad- SEPARATE HOSPITALS FOR INSANE CONVICTS. 
123 
moor, England, a hospital for insane convicts, intended 
to provide for that class throughout the nation, on a 
plane equal and abreast with the civilization of the age, 
which would at once remove the existing evil, and erase 
from our states the stigma now resting upon those who 
commit their insane from motives of pretended economy 
to the state hospitals where the innocent insane are 
confined. HYPNOTISM* 
By Clark Bell, Esq. 
President of the Medico-Legal Society of New York. 
The medical profession in America do not give this 
subject the attention its importance deserves. 
We know of no medical man of prominence in Amer- 
ica who has publicly identified himself with the investi- 
gation of this science as some of the most eminent men 
in foreign countries have recently done. 
Dr. Wm. A. Hammond, some years ago, gave the sub- 
ject considerable attention, and gave public experiments 
before the Medico-Legal Society, of patients under its 
influence, exhibiting the usual phenomena of uncon- 
sciousness to pain, and entire domination of will power 
and of action. 
The late Dr. Geo. M. Beard was also a student of this 
phenomena, and, had he lived, would, doubtless, have con- 
tributed to, and have been now conspicuously at the head 
of the science here. A few physicians here and there have 
touched it on the borderlines, but, as a profession, medi- 
cal men in America know little concerning it, and the 
public, who naturally look to them for advice on such 
subjects, are entirely ignorant of this phenomena, or the 
progress made abroad in the investigation of the science. 
Hack, Tuke, Ireland, Matthias, Roth, Gurney, 
Myers, in England—Charcot, Binet, Fere, Gilles 
de la Tourette, Paul Regnard, Fontan and Se- 
* Read at the Annual Meeting of the Medico-Legal Society, December, 
18, 1889. Newly Elected and Retiring Judges of the Superior Court and Common Pleas. 
Judge Roger A. Pryor. Ex-Chief Justice Larremor^ 
Ex-Judge O’Gorman. 
Judge David McAdam. Judge Freedman. New and Retiring Judges of the City Court of New York. 
Ex-Judge Giegerich. Judge Fitzsimmons. 
Chief-Justice Ehrlich. 
Judge John H. McCarthy. Judge Newburger. HYPNOTISM. 
125 
quard, Azam, H. Beaunis, E. Berillon, Ochorowicz, 
Ladame, Delboeuf, Montin, Voisin, J. Luys, and 
others, in Paris; Lombroso, Tamburini, Sepilli, and 
others in Italy; Heidenhan and Von Frankel in Ger- 
many; G-E3SMAN, Obersteiner and Kraft.-Ebinq in 
Austria; Broberg and Fred. Bjorustrom of Sweden, 
are some of the names of recent authors abroad who 
treat upon this subject as a distinct branch of science. 
The experiments at Salpetriere, conducted under the 
guidance of Prof. Charcot, have gone to the scientific 
world in detail for some years, and an International Con- 
gress of Hypnotism, experimental and thereopeutic, 
was held at Paris from August 8th to 12th, 1889, at- 
tended by distinguished men from Russia, Holland, 
Switzerland, France and other countries, where papers 
were read, upon the propriety of interdicting, by law, 
public exhibitions of hypnotism, and for regulating its 
use or practice by legal statutes, as well as upon other 
phazes of the science. The Paris Revue de VHypnotisme 
is entirely devoted to this science. 
In the Medico-Legal Society, in January, 1889, the 
chair called attention to the medical neglect of this sub- 
ject, and named a committee to make investigations 
through the year and report their labors to that body. 
The majority of the committee did not go forward with 
the work, and the committee was reorganized, but have, 
so far as known, made no report, if even they have done 
any work whatever since their reorganization. 
At the recent session of the Psychological Section of 
the British Medical Association, held at Leeds, August 
15, 1889, under the Presidency of Dr. Hack Tuke, Dr. 
Auguste Voisin, one of the physicians of la Salpetriere, 
Paris, made a communication upon the treatment of 126 
HYPNOTISM. 
Insanity and Neurosis by Hypnotic suggestion and on 
the application of the method to the moral and instinc- 
tive perversion of backward and imbecile children in 
which he is reported to have said :— 
TREATMENT OF MENTAL DISEASE BY HYPNOTIC SUGGESTION. 
That until within the last few years no serious attempt had been 
made in this direction, and that it was generally supposed that the 
insane could not be hypnotised. He had been able to develop this method 
in his hospital and private practice. Catalepsy ought to be carefully 
avoided, because the hypnotised individual ought to be able to preserve 
the use of his senses, especially of hearing. He was convinced that hyp- 
notism was only useful when it was possible to make use of suggestion ; 
and he was firmly of opinion that, as Braid had said, the hypnotic state 
originated in the nervious system of the hypnotised person. The basis of 
hypnotic treatment and of suggestive therapeutics detailed the various 
categories of the insane with regard to whom he had made observations. 
By this treatment he had cured persons suffering from hallucination and 
delusions, and from disturbances of special and general sensation. Sui- 
cidal ideas and acute and furious mania had disappeared under the use 
of this method. Cases of insanity were cited which had only been 
calmed after several hours. The treatment had also succeeded in the 
mania and agitation observed during the catamenia. Patients in this 
category had even remained asleep for from six to eight days. The method 
had also succeeded in dipsomania and in morphinomania. He had also 
been fortunate enough to cure obstinate cases of onanism in this way, and 
had applied the method a la moralisation des enfants depraves. He had thus 
completely transformed their habits of thought, and had brought them to 
love the good, whereas formerly they had only loved the evil. He had also 
succeeded in curing amenorrhoea in the insane, which was a frequent cause 
of nervous and mental troubles ; he particularly insisted upon this point as 
proving it was possible to influence the functions of the sympathetic system. 
The relapses were not more than one-tenth of the cases treated, and this was 
probably due to the repetition of treatment over a few months. However, 
the results were definite and he hoped the practice would be tried in Eng- 
land and have good results. 
He said that for success in the hypnotising of patients many at- 
tempts were frequently necessary. Hence he could not give a suitable 
demonstration at Wakefield ; but his place at Paris was open to all 
the physicians of the Continent. It was immoral to hypnotise healthy 
persons, being only proper in the case of the diseased. He repeated his 
statements as to the ailments which could be serviceably treated. For 
success varied processes were often necessary. 
The local press have taken np the discussion in America, 
which the physicians have neglected. HYPNOTISM. 
127 
The New York Ledger, in its recent number, treats 
the subject editorially from its social as well as its legal 
aspect, and so ably that we give the article entire: 
HYPNOTISM. 
The importance which hypnotism may assume from a social and legal 
point of view was recently exemplified by an experiment performed by an 
English clergyman and described in a London medical journal. It seems 
that a confirmed inebriate was thrown by the ordinary simple methods into 
a trance, and while in the hypnotic state he was informed that any indul- 
gence in alcoholic beverages would be immediately followed by vomiting. 
So irresistible was the effect of the suggestion, that after emergence from 
the trance the patient suffered a violent attack of nausea whenever he at- 
tempted to drink any kind of liquor. The result was that he became a 
total abstainer. 
This is, so far as we know, the first case in which the hygienic and ethical 
significance of the phenomena of hypnotism observed at the Paris hospital 
of the Salpetriere has been demonstrated. In the course of the investiga- 
tions that have for some year3 been prosecuted at that institution, it has 
been shown that persons possessing an unusually nervous organization can 
easily be hypnotized, and that a suggestion or an order impressed upon 
them while in this condition will be subsequently carried out, although 
they will be entirely ignorant that such an order has been given. A wooden 
dagger, for example, was placed in the hand of a hypnotized young woman 
and she was directed to steal behind one of the persons present and drive 
the dagger into his heart. Upon awaking from the trance she obeyed the 
injunction in every particular, and there was no doubt in the minds of the 
observers that, had the weapon been steel, the blow would have been 
mortal. Interrogated respecting the motive of her conduct she averred that 
she had acted under an uncontrollable impulse, for which she could not ac- 
count. Many other experiments of a like decisive character were made at 
the hospital in question ; some of which are recorded in a work lately pub- 
lished in the International Scientific Series. 
From such facts, the inference was obvious that the power of producing 
hypnotic phenomena might, in the hands of unscrupulous operators, be 
fraught with grave danger to the community. The whole science of 
medico-legal jurisprudence might have to be reconstructed, should it be- 
come necessary in many cases to shift the responsibility for crime from the 
hypnotized agent to the antecedent suggester of the deed. It would also 
seem to follow, that the superinducing of hypnotic trance, like the admin- 
istration of poisons, should be carefully regulated by law. Such regulation 
has already been earnestly demanded by students of the subject. It 
remained, however, for the English clergyman to prove that the power of 
molding the impulses and conduct of hypnotized persons might, in the 
hands of pure-minded and upright men, be mt.de a blessing instead of a 
bane to society. What seems to be the irresistible force of suggestion 
under hypnotic conditions, might be systematically applied to the work of 
moral regeneration. If the virtue of sobriety can be, as we have seen, im- 128 
HYPNOTISM. 
planted in a confirmed inebriate, it should by the same means be possible 
to instill other virtues. The will of the hypnotized patient, once subju- 
gated, could be enlisted on the side of honesty, purity, and truth-telling. 
It might be made a perpetual incentive to well-directed labor and an hon- 
orable life. 
The medical journal to which we have referred, in commenting on the 
authenticated cure of drunkenness by hypnotic suggestion, advocates the 
application of the same curative agency on a large scale to inebriate asylums. 
The next step would be the subjection of the inmates of prisons to hypnotic 
treatment, with a view of effecting a radical reformation of character. It 
is only, however, with extreme tardiness and caution that legislation takes 
account of scientific discoveries. Not until hypnotic phenomena have 
been more widely studied and indisputably verified, can we expect to see 
their moral and social significance attract the eager and anxious attention 
of the community at large. 
The importance of the subject cannot well be overesti- 
mated. Our judicial tribunals are wholly unprepared for 
the investigation of crimes thus committed. 
A prominent judge upon the criminal bench of this 
city has, as it has been said, expressed doubts as to the 
existence of such a state as the hypnotized condition, 
which would affect responsibility for acts committed in 
that condition. 
The public mind cannot be said to recognize it, and 
the learned anl honest judge reflects popular opinion 
and popular ignorance of the subject. 
It is doubtful if the legal profession, as such, are en 
rapport with the scientific truths of this branch of sci- 
ence, as recognized in France judicially in the tribunals. 
It is probably true that three-fourths, if not more, of 
the medical profession in this country are ignorant of 
what has been demonstrated at Salpetriere, and what is 
recognized as scientific truth at this moment in all for- 
eign schools or universities of learning as to this phe- 
nomena. It is no longer an open and disputed question 
in France, Austria, Italy, Russia, Germany. It is an 
accepted, scientific fact. What is now studied is its 
phenomena, its problems, itssequella. It is a recognized EX-CHIEF JUSTICE DUKFEE, of R. I. HYPNOTISM. 
129 
fact, but what are its phenomena and limitations is the 
remaining question. 
The questions raised by the editor of the New York 
Ledger are immensely significant and of the greatest im- 
portance to the race. 
How far can hypnotism, properly administered, be 
used as an incentive to higher education ? 
How can it be used as a moral remedy to correct evil 
habits, bad practices or evil inclinations ? 
How far can it be used as a means for moulding char- 
acter and lifting the aspirations to nobler ideas and 
higher planes of action and of life ? 
These are the questions of the hour, and these the sub- 
jects which should arrest the attention of the learned 
committee of the Medico-Legal Society. 
The Humboldt Publishing Co. of this city have taken 
up the subject, and have published the work of Prof. 
Fred. Bjornstrom of Stockholm Hospital, translated by 
Baron. Nils. Posse, M. G-., of Boston. 
Chapter XL, of this work, treats of Hypnotism, and the 
Law. 
We quote: 
Hypnotism comes in. contact with the law at more than one point, and 
many and intricate are the Medico-Legal questions which it has already 
raised. The most important of these questions are : 
1 Can the hypnotized be physically or mentally injured by hypnotism ? 
2. Can the hypnotized fall victim to crime ? 
3. Can the hypnotized be used in the service of crime as a ready tool 
without a will ? 
4. Are the hypnotised responsible ? 
5. Should hypnotism be prohibited ? 
We regret that want of space prevents our giving the whole of the chap- 
ter which contains an answer to these questions. 
The American Journal of Psychology has devoted 
more space and attention to this subject than any scien- 
tific journal on this side of the sea. Its editor is Prof. 130 
HYPNOTISM. 
O. Stanley Hall, President of Clark University, and 
this journal, while not reproducing an original article 
from an American author upon this topic, so far as we 
can recall, has devoted considerable space in its psycho- 
logical literature to “Hypnotism,’’ as a subject or sub- 
division, and in this department has noticed and re- 
viewed very much of the recent foreign literature of this 
department of science, and has also noticed quite gener- 
ally what has appeared in our American, and in the for- 
eign, press on this topic. 
Prof. Stanley Hall is, perhaps, one of the best edu- 
cated and equipped men, this side the Atlantic, to lead 
in these investigations, outside of organized bodies or 
societies. 
His journal must take notice of and record all discov- 
eries, especially as to judicial or medico-legal questions, 
arising affecting responsibility or related to criminal 
anthropology. 
Dr. Ed. J. Cowles, of McLean Asylum, and Dr. Wm. 
A. Noyes, of the Experimental Station there, are quali- 
fied eminently for this work, while Fred. Peterson, 
M.D., Frank H. Ingram, M.D., M. Allen Starr, M.D., 
of New York, and others of the junior rising medical 
men‘will, doubtless, do valuable work in this domain in 
the near future. 
We learn that Dr. Jastrow proposes to prosecute psy- 
chological research in the university of Wisconsin ; that 
Dr. Cattell intends similar studies in the University of 
Pennsylvania; Dr. Wolfe in the University of Nebraska; 
Dr. James at Toronto; and that Prof. Ladd, of Yale, and 
Prof. James, of Harvard, will continue their important 
investigations in psychological and psychical research. 
We look for important advances all along the line in 
the coming years of 1890 and 1891. HYPNOTISM. 
131 
The importance of these investigations upon medical 
jurisprudence, upon the tribunals and courts of justice is 
recognized abroad. Is it recognized here ? 
hluch of what seems now a mystery of motive of ac- 
tion, so pertinent to legal and criminal responsibility, 
must, in some cases, be involved in this enquiry. 
The recent startling and, in many respects, almost in- 
comprehensible case, in which the Hon. Ray Hamilton 
was so strangely affected, may be shown to be due to 
the well-defined phenomena of hypnotism. 
It is difficult to understand certain phases and complh 
cations, in that, as in other curious and remarkable cases, 
to which our attention has been recently drawn, except 
by a study of the psychical phenomena of hypnotism. 
A common and almost universal error is the popular 
impression that only weak, sickly, nervous persons, and 
especially hysterical women, were susceptible to hypnot- 
ism. This is a popular fallacy and error. Bjornstrom 
says, upon this subject: 
“ Later experiences, and particularly the elaborate statistics of Liebault of 
Nancy, have shown that almost anybody can be hypnotized. A difference, 
however, must be made between those whom it is easy and those whom it 
is difficult to hypnotize. 
“ Among the former, belong without doubt the hysteric ; but otherwise 
physical weakness gives no special predisposition. The willingness of the 
subject, his passivity and power to concentrate the thought or attention on 
the intended sleep have more importance. Thus, it has been found that 
even the strongest men from the lower classes (mechanics, laborers soldiers,) 
are more easdy put to sleep than intelligent persons, who voluntarily or in- 
voluntarily let their thoughts wander to various objects which distract their 
attention. It will often be found that those who cannot be hypnotized in 
the first, second or third seance, yet succumb to renewed patient efforts.” 
It was the opinion of Dr. Edward Payson Thwing, 
as stated to the writer, who had conducted many experi- 
ments, that it was doubtful if there was any person who 
could not be hypnotized, who had sufficient will power 
to concentrate the thoughts upon a subject, to remain 132 
HYPNOTISM. 
mentally passive, and who would not mentally oppose 
or combat the influence of the hypnotizer, or who would 
mentally yield to it. That after long and repeated trials, 
under favorable conditions, with patient effort, every 
one would ultimately succumb. 
It is a subject which should not longer be neglected 
or ignored, and to which the earnest attention of ad- 
vanced students of medical research is earnestly sug- 
gested to meet the popular demand for light upon the 
science, and researches regarding its phenomena i3 now 
the duty of such of our medical men as are competent to 
grapple with the subject. TENTH INAUGURAL ADDRESS 
OF 
Clark Bell, Esq. 
PRESIDENT OP THE MEDICO-LEGAL SOCIETY. 
Fellows of the Medico-Legal Society : 
The year 1889 has been a memorable one in the annals 
of the Medico-Legal Society, not only in the increase of 
membership, but in the scope, character and importance 
of its labors. 
MEMBERSHIP. 
On January 1, 1889, there were upon the roll of the 
Society 594 members, of whom 429 were Active, 154 Cor- 
responding and 11 Honorary; composed among Active of 
Legal, 158; Medical, 254; Scientific, 17. On the Cor- 
responding list, Legal, 20; Medical, 124, and Scientific, 
10, with 5 Legal and 6 Medical men on the Honorary 
list. A total of Legal, 183 ; Medical, 384; Scientific, 27. 
During the year 1890, we have elected 104 Active, 204 
Corresponding, and 3 Honorary members, making a 
total of 311. We have lost by death, Active, 5 ; Corres- 
ponding, 4, and Honorary, 1; a total of 11. Leaving 
our membership on January 1, 1890, as follows: Active, 
527; Corresponding, 204; Honorary, 12. A total of 743 
upon our roll, over and above all deaths and resignations. 
We have added to the Honorary list three names, and 
all from France—Prof. Brouardel, Prof. Charcot and Dr. 
Louis Penard, ex-President of the Medico-Legal Society 
of France, and one of its Honorary members. The Cor- 
responding list of members elected in 1889 embraces 
many eminent names. They are as follows : Dr. Van 134 
TENTH INAUGURAL ADDRESS. 
Persyn, President of the Dutch Society of Psychiatry ; 
Prof. C. Luchini, the eminent Italian ; Prof. Dr. Angelo 
Gubernatis, and Senator Francesco Duranti, of the 
Italian Parliament; Dr. J. G. Pinkham, ex-President of 
the Mass. Medico-Legal Society of Mass.; Dr. Sidney Phil- 
lips, of London ; Dr. Droineau, Gen’l Superintendent of 
the Asylums of France; Dr. De Draenne, Vice-President 
of the Belgian Society of Mental Medicine ; Dr. Lutaud, 
Dr. Maurice Langier, Dr. Riant, M. Demange, Vice-Presi- 
dent Medico-Legal Society of France, all of Paris; Dr. 
John B. Kerr, of Canton, China; Dr. Victor Parant, of 
Toulouse, France; Dr. F. Serafini, of Italy; Martha J. 
Lamb, of N. Y.; Dr. Jos. Workman, of Toronto; Wm. 
McArthur, L.L.D., of N. Y.; Dr. H. A. Buttolph, of N. 
J.; Prof. Dr. Von Steenberg, of Copenhagen: Anton 
Ritti, M.D., Secretary Societe Med. Psychologique, of 
Paris; Lucien Puteaux, Member of the Committee of 
Visitation of the Insane Asylums of the Seine, Paris ; 
Docteur Paul Topinard, Editor Revue d’ Anthropologie, 
Paris ; Auguste Voisin, M.D., Medicin de la Salpetriere, 
Paris; Albert Regnard, Inspector General of Adminis- 
tration, Department of the Interior, Paris; Theophile 
Roussell, M.D., Senator of France and President of the 
Council Generale of Lozere, Paris ; Alfred Moreau, of 
Brussells; Dr. Cuylits, Supt. of Insane Asylum, 44 
Boulevard de Waterloo, Brussells ; Albert Petrol, Advo- 
cate Court of Appeal, Member of Municipal Counsel of 
Paris, 53, Rue Bonaparte, Paris ; Henry Napias, M.D., In- 
spector General of the Administrative Service, Depart- 
ment of the Interior of France, 68, Rue de Rocher, 
Paris ; Manuel A. Muniz, M.D., Surgeon of the Peruvian 
Army, Melcher-Mile 143 Lima, Peru; Doctor D. Cabred, 
Supt. Insane Hospital, and Prof, in Faculty of Medicine 
at Buenos Ayres, S. A.; Dr. Joaquin Goncalves Rames, TENTH IXAUGURAL ADDRESS. 
135 
Sanitario de Barbercina, Minaz-Geraes, Brazil; Docteur 
N. Bajenoff, Supt. Insane Asylum of Riazanne, Russia 
Doctor P. A. H. Sweens, Supt. Insane Asylum at Voor- 
burg-Vuchs, near Bois-le-duc, Holland; Prof. Lange, 
\ ice-President Danube International Congress, Copen- 
hagen ; Prof. Edmund Hausen, Geret, of the University, 
Copenhagen ; Prof. Howitz, of the University, at Copen- 
hagen ; Mr. Kunowsky, President of the Supreme 
Court, Breslau, Silesia, Oberstaatsanwalt, Rosenberg, 
Breslau, Silesia; Prof. Sergiewitch, Professor of Juris- 
prudence at the University of St. Petersburg; Prof. 
Tschye, Professor of Mental Medicine at the University 
of St. Petersburg ; Prof. Woladiniroff, Professor of Juris- 
prudence at the University of St. Petersburg; Prof. 
Sorohin, Professor of Legal Medicine at the Academie 
of Medicine of St. Petersburg ; Prof. Uending, Professor 
of Legal Medicine at the University of Moscow ; Prof. 
Belin, Professor of Legal Medicine at the University of 
Moscow ; Prof. Patenteo, Professor of Legal Medicine 
at the University of Kharkoff ; Prof. Obolonsky, Pro- 
fessor of Legal Medicine at the University of Kieff; 
Prof. Swoydeff, Professor of Legal Medicine at the Uni- 
versity of Kazen ; Prof. Froitsky, Professor of Legal 
Medicine at the University of Varsovie ; Prof. Sloutsch- 
evny, Professor of Jurisprudence, and Senator of St. 
Petersburg ; all of Russia. 
NECROLOGY. 
The loss by death has been unusually severe, em- 
bracing that eminent name from our Honorary list, Prof. 
Francis Wharton. From the Corresponding list, Hon. 
Stanley Matthews, of the Supreme Court of the United 
States; Franz Von Holtzendorf, of Munich, surely the 
foremost of continental jurists, editor of der Gerichtsaal ;■ 136 
TENTH INAUGURAL ADDRESS. 
W. H. 0. Sankey, M. D., the eminent English alienist 
and authority on Nervous and Mental Diseases; Prof. 
Dr. Ludwig Schlager, of Vienna, a man of the highest 
distinction ; Hon. S. S. Cox, one of the oldest in term of 
service of the members of the American Congress, and 
Joaquin G. Lebrado, an eminent Cuban physician of 
Havana. From our Active list we have to record 
the loss of Dr. Ira Russell, one of the Vice-Presidents of 
the Society in 1888, and elected a Vice-President for 
Mass, for the year 1889; E. N. Dickerson, a life member 
who had contributed $500 to the Library of the Society, 
and had been honored by naming him as one of the 
founders of the Library; Prof. A. B. Mott, son of the 
illustrious Valentine Mott, long an Active member and 
friend of the body, Dr. McDowell of Jersey City, and 
Dr. J. H. Leverege of this city. 
The following papers have been read and many of 
them published in the Medico-Legal Journal : 
“InauguralPresidential Address,” by Clark Bell, Esq.; 
“Death Current Experiments,” by Harold P. Brown, 
Esq.; “Insanity as a Defence to Charge of Crime,” by J. 
Hugo Grimm, Esq.; “ Periodic Insanity among Women,” 
by Alice Bennett, M. D., and “Contributions to the Sub- 
ject of Dr. Bennett’s Paper,” by W. W. Godding, M. D.; 
P. Bryce, M. D.; C. A. Rice, M. D.; Prof. J. J. Elwell, 
Dr. A. P. Reid, Dr. Lucy M. Hall, Albert Bach, Esq.; Dr. 
Matthew D. Field, Mrs. M. Louise Thomas, Dr. Eliz. N. 
Bradley, Mr. Moritz Ellenger, Dr. Frank H. Ingram, Mr. 
E. W. Chamberlain and Mr. Clark Bell; “The Lebkuch- 
ner Case,” by Matthew D. Field, M. D.; “A Clinical and 
Forensic Study of Trance,” by E. P. Thwing, M.D.; “ The 
Insanity of Child Birth in its Relations to Infanticide,” 
THE LABORS OF THE YEAR. TENTH INAUGURAL ADDRESS. 
137 
by H. M. Hyzer, Esq., of Janesville, Wis.; “Report of the 
Committee on Care of the Insane in County Institutions,” 
with letters from Dr. J. J. 0. Dea, Dr. F. W. Higgins, 
Dr. W. C. Wey, Dr. W. G. Stevenson, Dr. 0. F. Cobb, 
Dr. John Lambert, Dr. L. A. Tourtellot, Dr. R. L. Parsons 
and Clark Bell, Esq.; “The Hygiene of Interments,” by 
C. F. Lindorme, M. D.; “ Classification of the Yarities of 
Insanity,” by Joseph Jones, M. D.; “Resume of Recent 
Trip to England, France and Belgium,” by Clark Bell, 
Esq.; “ Medico-Legal Points in case of Michigan vs. 
Millard,” By Prof. Victor C. Vaughan ; “The Post Mor- 
tem Absorption of Strichnine,” by George B. Miller, M. 
D. ; “Post Mortem Imbibition of Poison,” by Henry A. 
Mott; “Post Mortem Imbibition of Poison,” by Prof. 
Witthaus ; “ Meeroneuropathy,” by Chas. H. Hughes, 
M. D.; “ Life Insurance,” by Daniel Jordan, Esq.; “The 
Pathology of Death by Electricity,” by P. E. Donlin, M.D.; 
“Supplementary Report of Committee on Insane in 
County Institutions,” with letter from Dr. H. O. Jewett, 
of the local Committee for Cortland Co.; “The Province 
of Medical Expertism,” by Judge C. G. Garrison ; “Hyp- 
notism,” by Clark Bell, Esq.; Delirium Tremens as a 
Defence to Criminality,” by T. Crisp Poole, Esq., of 
Brisbane, Queensland, aside from the papers read before 
the International Medico-Legal Congress in June, 1889. 
The further notable labors of the body may be briefly 
stated, being by far, the most important of any previous 
year since the founding of the Society. 
1. Holding an International Congress at Steinway 
Hall, New York City, June 4th, 5th, 6th and 7th, fol- 
lowed by a banquet, the proceedings of which will be 
published in a Bulletin of which about 200 pages have 
been completed, recording the labors of the body and 
the leading papers read before it, and the names of 370 138 
TENTH INAUGURAL ADDRESS. 
of the members, which roll is constantly increasing; as 
men of science from all the world are enrolling in the 
organization, now made a permanent one, with its next 
Session fixed for the Universal Exposition year 1892. 
2. The Third Illustrated Edition of Medico-Legal 
Papers, Series 1, has been completed, an edition limited 
to 1,000, which was issued in June, 1889. A volume of 
over 600 pages on heavy paper with illustrations. 
8. The volume of Prize Essays contributed in 1888, 
in competition for prizes offered by Elliott F. Shep- 
pard, Esq., and the Society, which will be ready for 
delivery by April 1st next, if not before, as it is printed 
and in the binder’s hands. 
4. The organization of a committee of prominent per- 
sons throughout the State, in relation to the care and 
condition of the insane in county institutions, with local 
committees in various counties of the State now being 
appointed, with careful selections. 
5. The issuing of a series of groups of the portraits of 
members of the Medico-Legal Society, or of the Inter- 
national Medico-Legal Congress, in a style and of a size 
suitable for framing or preserving in portfolios. 
6. The completion of the work of Nationalization of 
the body, with Vice-Presidents in each of the States 
of the Union, and providing for such officials in all 
foreign States, Provinces and Countries. 
7. By a large increase of membership outside of the 
State and City of New York, and notably in foreign 
countries, embracing men of the highest judicial posi- 
tions in France, Denmark, Austria, the American States, 
and in several of the British Colonies; and men of the 
highest scientific attainments in chemistry, in medicine, 
and in science, in our own and in foreign countries. 
Of Judges of the Supreme Courts. We have enrolled TENTH INAUGURAL ADDRESS. 
139 
Chief-Justice Bermudez, of La.; Chief-Justice Sir John C. 
Allen, of New Brunswick; M. Barbier, President of the 
High Court of Cassation of France; M. Kunousky, Presi- 
dent of the Supreme Court of Breslau; Judge Somerville, 
of the Supreme Court of Ala.; Judge A. L. Palmer, of 
the Supreme Court of New Brunswick; Judge Mont- 
gomery, of the Supreme Court of Washington, D. C.;, 
Judge C. G. Garrison, of the Supreme Court of New 
Jersey; Judge L. A. Emery, of the Supreme Court 
of Maine; Hon. W. S. Ladd, ex-Judge of the Supreme 
Court of N. H.; and Judges Wm. H. Francis, of Dakota,, 
Lock E. Houston of Miss.; Judges A. A. Gumby of La., 
J. C. Normile of St. Louis; George H. Sanders of Ark.} 
Judge R. W. Westbrook, of Phila.; and Judge Goldfogle, 
of New York. 
It would occupy too much time and space to enumerate 
the many Superintendents of Asylums, and men of dis- 
tinction in both professions, home and foreign, who 
have united with the body upon our active list. 
8. The various Standing Committees will be announced 
later. 
9. A prize of $100 was offered by the President of the 
Society, and of $75 and $50 by the Society for first, second 
and third best prizes, which closed Dec. 31,1889, and the 
Committee will pass upon these competitions, when time 
is given for the receipt of those mailed in foreign 
countries. 
THE PROGRESS OF THE SCIENCE. 
The coming year opens the closing decade of the cen- 
tury. The foundations are laid for great advances in 
Medical Jurisprudence in the remaining years before 
1900. The mission of this body and its field has been 
greatly enlarged, and widened, and broadened. 140 
TENTH INAUGURAL ADDRESS. 
This Society has become national, and it is upon the 
threshold of international labors. 
The International Congress of 1892 will be by far the 
most significant and important step in medical juris- 
prudence of our era. We will need the intervening 
years for preparation, for a convocation which shall 
bring contributions from all lands. 
Men of the highest eminence in both the professions, 
and scientists are enrolling their names, not only as 
members of the International Congress, now made a 
permanent organization, but as active members of the 
Medico-Legal Society. 
Vice-Presidents of this Society have been elected from 
most of the American States, and from many Foreign 
States, Provinces and Countries. 
The International Congress will aim to have repre- 
sentatives from all civilized nations and peoples, with a 
Vice-President in and from each. 
Papers will be contributed from many countries, some 
of which have already been promised. 
As fast as the titles are furnished they will be pub- 
lished in the Medico-Legal Journal. 
The Medico-Legal Societies of Philadelphia, and of 
Chicago, are in a most flourishing state. Each have a 
large list of members, and the papers read before them 
are notable and important contributions to the science. 
The Massachusetts Medico-Legal Society has contributed 
a published collection of its papers on arsenical poisoning, 
of great scientific importance and value, and the Rhode 
Island Medico-Legal Society is doing good work. 
A Medico-Legal Society is about to be formed at Den- 
ver, Colorado, by prominent gentlemen of both profes- 
sions, among whom are Dr. J. T. Eskridge, formerly 
Professor of Mental Medicine in Philadelphia, Pa., TENTH INAUGURAL ADDRESS. 
141 
Chief-Justice Helm of the Supreme Court of that State 
District-Attorney Stevens, Hon. Thomas Patterson and 
Mr. Wycoff of the Bar of Denver, Drs. Kimball, Fisk, 
McLanthlin, Lerneen, Mr. Gauze and the Rev. Myron 
Reid. 
Belgium.—A Medico-Legal Society has been formed, 
composed of about thirty-six members selected from the 
medicine legists of that country, of which Doctor 
Vleminckx has been elected president. The Bar of Bel- 
gium has not thus far been identified with this Society 
as active members. 
Italy.—It is under advisement by leading men of 
science in both professions to found a society of medical 
jurisprudence, which will take form doubtless during 
the coming year. 
France.—Has during 1889 attracted the attention of 
men of science in all branches at her great Exposition. 
The Congress of Medical Jurisprudence was an im- 
portant gathering, held August 19th to August 24th, at 
the Faculty of Medicine. 
Prof. Brouardel, President of the Medico-Legal Society 
of France, was President of the Committee on Organi- 
zation. 
The Vice-Presidents were : M. Horteloup, ex-President 
of that body, a distinguished jurist, and M. Demange, 
of the same profession, and member of the Council 
of Fordre. 
The Secretary was Dr. Motet, General Secretary of the 
French Medico-Legal Society, and the other Secretaries 
were Drs. Leblond, Lutaud and Socquet. 
The official delegates were : 
From the Medico-Legal Society of Neiv York.—Clark 
Bell, Esq., Chief-Justice Bermudez and H. A. Mott, Jr. 
FOREIGN. 142 
TENTH INAUGURAL ADDRESS. 
From the Belgian Medico-Legal Society.—Dr. Vlem- 
inickx and Dr. Camile Moreau, President and Secretary 
of that body. 
From Belgium.—Prof. Dr. Stienon of the University 
of Brussels, and Hon. Alfred Moreau of the Belgian Bar. 
From Brazil.—Dr. Pires Garcia, of Rio Janiero, Dr. 
Joao Conrado of Niemeyer. 
From Spain.—Dr. Nicusio Mariscaly Garcia (Madrid). 
Denmark.-Loegeforeningen for KjobenhoonagOmgyn 
(Copenhagen). 
Sandwich Islands.—M. de Varigny. 
Italy.—Prof. Lombroso, of Turin. 
Mexico.—Sig. Rafael de Zayas Enriques, Manuel 
Flores, Sig. Edouard E. Zabate, Jose Ramirez. 
Monaco.—Doctor Coulon. 
Paraguay.—Doctor Hassler. 
Peru.—Dr. Muniz, of Lima. 
Roumania.—Dr. Soutzo, Doctor Iscovesco. 
The following is a list of the papers contributed and 
officially announced: 
Prof. Lacassagne, “De l’Examen Methodique des 
Petites Filles Victims d’Attentats a la Pudeur.’’ 
Dr. Coutagne, “Anatomieet Physiologie Patliologique 
de la Pendaison.” 
Dr. Camille Moreau, Charleroi Belgium, “De la Simu- 
lation.’’ 
Dr. Duponchel, “Examen des Simulateurs, &c., des 
Regies Nouvelles a Adapter dans cet Examen.’’ 
Dr. Semal, Mons. Belgium, “La Prison-Asile pour 
Criminels Alienes et Instinctifs.” 
Dr. Maurice Langier, “Fracture of the Humerus, Notes 
on, etc.’’ 
Dr. Gamier, “Le Criminel Instinctifs et les Droits de 
la Defense Sociale.’ TENTH INAUGURAL ADDRESS. 
143 
Clark Bell, Esq., “ L’execution par l’Electricite des 
CJondamnes a Mort en Amerique.” 
The programme also embraced the discussions of sev- 
eral very important questions on which reports were 
made by eminent men, prepared in advance and sub- 
mitted to the Congress. 
This movement gave a great impetus to forensic medi- 
cal studies on both Continents, and while Germany, 
Russia and England took no prominent part in the 
labors, the scientists of all the world will feel the current 
•of scientific thought thus engendered. 
The Paris Congresses on Mental Medicine, on Criminal 
Anthropology, on Hypnotism and on various of the 
sciences Germane to our studies, drew to the French 
capital scientific men from all countries, and reflected 
great credit upon France, and added new lustre to the 
real renown which her men of science have won for her 
in our country. 
England.—There has been suggestions made in the 
London Lancet favoring the formation of a Medico-Legal 
Society in England. It is under consideration as we 
learn. The medical men are willing. The doubt is, will 
the Bar of England and the Judiciary of England, take 
hold of thiy work and realize in Great Britain the hopes 
of the students of the science by the formation of a 
Medico-Legal Society in the British Islands. 
The responsibility of the coming year involves great 
responsibilities and requires more than ordinary exer- 
tion. 
1. To complete the work of nationalization so as to 
embrace all states, countries and provinces not now 
THE WORK OF THE COMING YEAR. 144 
TENTH INAUGURAL ADDRESS. 
represented in the Society and to select vice-presidents 
for each. 
2. To complete the labors of the various standing com* 
mittees. 
3. To bring to the attention of the colleges'and univer- 
sities where lav/ and medicine are taught; to the law and 
medical schools; and to the State and National Bar Asso- 
ciations and the State and National Medical Associations;: 
the importance not only of establishing a chair of medi- 
cal jurisprudence in every such school, but to make it 
obligatory on each graduate to pass an examination in 
forensic medicine before graduation. 
4. I need not reenumerate the various special subjects 
to which your attention was brought last year, and 
which I still strongly reccommend. 
Finally, now that we have a membership of over 
750 in the various classes of our members, and are 
destined in the near future to swell this number to 1,000, 
we should enter upon this opening year of the closing 
decade of our century with greater zeal and energy 
than we have hitherto shown in the past. 
Thanking you for the kind and cordial support that 
has been offered by one and all to the chair, in the 
various and arduous duties of the past, I feel all the 
more confident of its continuance, as we commence the 
more exacting duties of the coming year. SPIRITUALISM AND TEST AMENTAR Y CAPA CITS 
The decision of Van Vleet, Justice in Middleditch vs. 
Williams in New Jersey, is very interesting. 
The will was made by the testator under the belief that its provisions 
were desired and directed by the spirit of his deceased wife, communicated 
through a medium. 
The learned judge holds the following propositions:— 
1. That a will may be contrary to the principles of justice and humanity, 
yet if there was testamentary capacity, and no fraud or undue influence, 
the will must be upheld. 
2. That believing a thing upon false evidence, or insufficient evidence, 
is not an insane delusion. 
3. That an insane delusion is where a person conceives something extrav- 
agant to exist which has no existence, something which springs up spontan- 
eously in the mind, and is not the result of evidence of any kind. 
4. That mania does not per se vitiate any transaction, for the question is- 
whether such transaction has been affected by it. 
5. That belief in S Diritualism—that is, that the spirits of the dead can 
and do communicate with the living—is not an insane delusion. 
The Scotch Journal of Jurisprudence, in commenting 
on the case says : 
The will was upheld—rightly so, as we think. Wordsworth was a 
shallow reasoner when he wrote,— 
“ I look for ghosts, but none will force 
Their way to me. ’Twas falsely said 
That ever there was intercourse 
Between the living and the dead 
which just comes to this : I never communed with a spirit, therefore, no- 
body else ever did. In the present state of human knowledge, it would be 
monstrous to.hold the impossibility of such an experience as a fact so firmly 
established that a belief in its occurrence is an insane delusion. In the case 
in point, indeed, there was strong evidence of the reality of the super- 
natural persuasion, for, if married men are to be believed, representations in 
favor of the mother-in-law, are just what were to be looked for from the 
spirit of a deceased spouse, and no one, except under the influence of such 
representations, would have made a will in favour of his mother-in-law. 
Indeed, the wrong ground of challenge seems to have been chosen, for to 
make a will in favour of one’s mother-in-law, even in obedience to the 
entreaties of a deceased wife, would be held by many to argue a want of 
testamentary capacity 146 
SPIRITUALI3M and testamentary capacity. 
We look at this question from a different standpoint 
If a testator should be controlled in the disposition of 
his estate, by what he believed to be the spirit of a de- 
ceased wife, communicated through a medium, it would 
be the duty of the court to carefully investigate the 
medium.” 
Supposing the medium or her family took the benefit 
of the legacies. The element of fraud and of undue in- 
fluence would or might interfere. 
The 3d and 4th propositions of the learned Judge 
should be more carefully considered. We do not like 
this judicial definition of an insane delusion. It is very 
difficult to decide where mania is conceded, how far and 
to what extent the transaction, or the action, has been 
dominated by it. 
Most people and judges, would consider such a man- 
date from a departed wife as a fraud. Most would call 
it a delusion. It may not be an insane delusion, but we 
all shrink from conceding that a mind thus influenced 
and dominated, is a free agent, and all now suspect, 
both fraud and undue influence. 
Such a mind cannot be well styled as “of free and 
disposing mind and memory.” MEDICAL MEN IN CHARGE OF PRIVATE 
ASYLUMS. 
The State Board of Lunacy of New York have adopted 
i;he following resolution : 
Resolved, that hereafter no license for the establishment and keeping of 
an asylum or institution for the care, treatment or custody of the insane or 
persons of unsound mind, for compensation or hire, shall be granted, except 
to a duly qualified medical practitioner of recognized professional skill and 
standing, who is a graduate of a legally incorporated medical college and 
has had actual experience in the care and treatment of the insane. 
A medical man should be responsible for the admin- 
istration of every asylum for the insane, or rather a 
man skilled in such affairs. We know many medical 
men wholly unfit and incompetent to manage an insane 
asylum. We realize the importance of having a compe- 
tent medical man to be responsible for the proper care 
and treatment of the insane, in an institution. I should 
prefer the Earl of Shaftesbury to be the keeper of a 
private asylum with a good medical man as consulting 
or visiting physician, rather than see half the physicians 
we meet, who are incompetent to manage an asylum, 
placed at the head of one, simply because they were 
M.D’s. 
The resolution is timely, because it will stop incompe- 
tent and improper persons opening private asylums. 
The Board will be likely to ask something more of an 
applicant as to his qualifications, than merely whether 
he holds a diploma as a physician from some medical 
college. 
The British system of competitive examinations, for 
the certificate as qualified to treat the insane, would be 
a still higher and more valuable step. INSANITY AS A DEFENCE IN PENNSYLVANIA. 
George S. Graham, LL.D., the able and accomplished' 
District Attorney of Philadelphia, has contributed a 
very important and interesting paper to the compen- 
dium of the Lunacy Laws of that State under the above 
heading published by the Committee on Lunacy of the 
Pennsylvania State Board. 
He cites the decisions and dicta of the Judges of Penn- 
sylvania in the two great and leading cases, those 
of Taylor and of Sayre, and his review of the legal ques- 
tions as decided in the Courts of Pennsylvania are valu- 
able contributions to the legal student, of the law of that 
State. 
There is a strong bias in his paper against medical 
expert testimony, that we regret to see, in one so 
learned, able and conscientious, and which we feel is 
most unjust to medical men and medical experts especi- 
ally. 
Mr. Graham assumes that medical men are subject to 
criticism regarding a particular case, which he thus char- 
acterizes. 
“To secure the acquittal of the prisoner seems to be 
the paramount purpose.” While this may be true of one 
expert in an isolated case, it is not the position of medi- 
cal men in general, and it is only just to say, would be 
so only in rare and exceptional cases. 
We quite agree with Mr. Graham, in deprecating the 
practice of permitting young and inexperienced medical 
men to testify as experts in cases of homicide. 
Medical mender se are not experts per se. Very far INSANITY AS A DEFENCE IN PENNSYLVANIA 
149 
from it, and the courts would so hold, if the point was 
taken and pressed. Three important faults underlie the 
assumed premises, of the position taken as to insanity 
and responsibility in this otherwise admirable paper. 
1. There is a difference between an insane delusion 
which dominates and controls t he action of an insane 
person, and a mere delusion which affects the sane or 
the insane mind similarly. 
Both sane and insane minds may rest under delusions, 
but whether the insane delusion, be of such a character 
as to dominate the will and action of the accused, in 
reference to the act, is the crucial test of criminal re- 
sponsibility. 
2. No amount of moral degeneration, or vice, which 
has become unresisted or irresistible ever excuses crime. 
The second-nature criminal may have irresistible im- 
pulses to steal, rob and commit crime. The light of 
science shines upon the path and clearly marks the 
'boundary line of crime and vice in him, who domi- 
nated by an insane delusion, which controls the con- 
duct and dominates the will, commits an act which 
lacks all the essential elements of crime. Chief Justice 
1 Gibson states the law correctly when he says in Com- 
monwealth vs. Mosler, 4 Barr. 266. “It (insanity) must 
amount to delusion or hallucination controlling his will, 
and making the commission of the act a duty of over- 
ruling necessity,” and again : “The law is that whether 
insanity be general or partial it must be so great as to 
have controlled the will of its subject, and to have taken 
from him the freedom of moral action.” 
There is hardly room for fear that conscientious med- 
ical men should fail to discriminate between “human 
depravity,” and that disease of the brain, which leaves 
to the experienced student of mental medicine, scarcely 150 
INSANITY AS A DEFENCE IN PENNSYLVANIA. 
room for doubt of its existence, when studied carefully 
by both its symptoms and its manifestations. 
3. The real, the profound error of the learned District 
Attorney is in his erroneous view of insanity itself. Is 
it an actual disease of the brain capable of being recog- 
nized, traced, treated, cured even ? we quote Mr. 
Graham : 
In view of all these differences, and difficulties, it is not surprising that 
judges everywhere, with wonderful unanimity, while recognizing insanity 
as a defence, have narrowed the inquiry to the one point of “ respon- 
sibility.’’ 
The question is not one of insanity, but of responsibility. Men may be 
insane in a medical sense and yet responsible iu a legal sense. They may 
entertain delusions, have impulses to commit crimes, and be what are com- 
monly called cranks, or peculiar people ; and yet, possessed of intelligence 
enough to distinguish right from wrong and able to restrain themselves, be 
liable to the penalties of broken laws. “ When the state of a prisoner’s 
mind at the time of the commission of a given offence is the point at issue, 
it is only to ascertain and settle the question of his responsibility or 
irresponsibility. 
Medical men differ widely from lawyers in the views which they take 
upon this question of responsibility, or the “ right and wrong ” test. The 
former protest against what they are pleased to term the unjust criterion of 
responsibility sanctioned by law ; while the latter protest against the fanci- 
ful theories of medical men who seldom fail to find insanity when they 
earnestly look for it. 
and again : 
The question of insanity, using this term in its popular sense, is a mixed 
question of law and fact. 
While experts may be called to testify as to the states of mind and con- 
ditions of health, it is for the courts to declare whether such states and con- 
ditions constitute irresponsibility, ss. 190, 191, 192 and 193, vol. 1 of Whar- 
ion & Stille’s Med. Jur. 
Upon reason and authority which space will not premit to be discussed 
here, this must ever be the rule. 
With all respect and deference to this very high au- 
thority, here lie the real faults of this, otherwise ad- 
mirable paper. Whether the disease exists, its nature,, 
manifestations, character, sequela, is not a question of 
law. It is not a mixed question of law and of fact. It 
is pure and simple a question of fact, to be determined INSANITY AS A DEFENCE IN PENNSYLVANIA. 
151 
like any other question of fact, upon the evidence by the 
jury. Upon this question, only entirely competent and 
skilled experts, should be allowed to testify, except as to- 
actual positive facts, concerning which all witnesses are 
competent. 
The knowledge of right and wrong, either in the ab- 
stract, or in regard to the act committed, knowledge of 
its character and consequences, even may exist, as in 
the case of Guiteau, and possibly, though not probably, 
in the case of Dr. Beach (at the moment of the killing), 
then even in the language of Judge Gibson, 4 4If it (the 
insanity) was so great as to have controlled the will and 
taken from him the freedom of moral action,” by the 
law of Pennsylvania the accused would not be responsi- 
ble, and in cases of moral insanity under the law of that 
State, as announced by the court, Mr. Chief Justice 
Lewis pronouncing the opinion, 44 we say to you as the 
result of our reflections on this branch of the subject, 
that if the prisoner was actuated by an irresistible incli- 
nation to kill, and was utterly unable to control his will, 
or subjugate his intellect, and was not actuated by 
anger, jealousy, revenge and kindred evil passions, he is 
entitled to an acquittal.” 
It is time to consider insanity from the higher plane 
of the law, as announced by the Supreme Court of Ala- 
bama, in that masterly opinion written by Mr. Justice 
Somerville in Parsons vs. the State, holding that the 
right and wrong test as commonly construed upon the 
dicta of the English judges, was not the safe rule of de- 
termining the criminal responsibility of the insane, reaf- 
firming the strong, powerful, and to this moment, the 
unanswerable argument, of Mr. Chief Justice Doe, voicing 
the decision of the Supreme Court of New Hampshire, 
more than two decades ago, against the reason and jus- 152 
INSANITY AS A DEFENCE IN PENNSYLVANIA. 
tice of such a rule, which has found responses in 
the judicial utterances of Pennsylvania and Kentucky, 
and other States, and later in Michigan, where it is recog- 
nized as a legal proposition, that insanity is a disease, the 
existence and character of which must be determined as 
a fact in legal tribunals passing upon the responsibility 
of the insane who commit homicides. (M 0 LUNACY LEGISLATION IN NEW YORK. 
Several important subjects in Lunacy Legislation will 
be brought to the attention of the Legislature, and are 
already before it. 
1. Very radical legislation proposed by the Board of 
Lunacy Commissioners amendments to the act crea ting 
that Board, some of which are good and some of doubtful 
propriety. The original act was faulty and needs amend- 
ment in important particulars, some of w7hich are not 
noticed in the proposed legislation. A Committee has 
been named by the Medico-Legal Society to consider this 
subject, and the suggestions of that Commission and 
report. 
2. The Lunacy Bill which passed the last legislature 
and which failed to receive the Governor’s signature, is 
again pressed by its authors. 
This Bill has been severely criticised in the medical 
press, and is so full of incongruities and faults, that it 
will doubtless fail as it did last year. It should not 
pass m its present form. 
3. The old contest between State and County Care of 
the Insane is again renewed the present Session. 
With the State Institutions crowded beyond their 
utmost capacity, it would seem ill advised now, to close 
such County Institutions as those of Broome, Cortland, 
Jefferson, Monroe, Oswego, Herkimer, Lexington and 
other counties where the county care is on a plane 
nearer those of the State Institutions, because of evils 
in other counties not as well provided for. 
The proposed legislation exempts the County Institu- 154 
LUNACY LEGISLATION IN NEW YORK. 
tions in New York, Kings and Munroe Counties. Not 
upon any principle involved, but because such legislation 
would be quite out of question, as to New York and 
Kings Counties. 
We incline to the opinion that this Bill will meet 
the same fate as did last year’s similar measure. Mean- 
while, the local committees of the Medico-Legal Society 
are at work in many of the counties of the State, to 
elevate the county care, and meet the exigencies of the 
present law as the best thing to be done at the moment. 
The Reports from Broome, Cortland, Livingston, 
Otsego and some other counties, would indicate that 
good work was being done, and the insane well cared 
for in many counties of the State. 
The kindly and best care of the insane, should com- 
mand our most profound sympathies. If evils exist in 
County Institutions, we should by all means seek ta 
remedy them. 
We may do much to lessen and mitigate these evils 
where they do exist. There are several remedies. We 
are not compelled to adopt the one idea of sending all to 
State Institutions, even if we had enough to send them 
all to. It is a great question. There are more insane per- 
sons in the State, under restraint outside of State Insti- 
tutions than inside them, and there is scarcely a vacant 
place in Institutions at this moment. 
Massachusetts is trying a plan, to place the insane in 
families in the country, not after the Belgian colony 
system at Gheel and Liernieux, nor after the Scotch 
system of boarding them out, nor after the German 
colony system, but upon a plan thought to be more in 
accord with the wants, needs, situation and training of 
Americans and New England Americans. The State- 
officials say it is working well. LUNACY LEGISLATION IN NEW YORK. 
155 
Perhaps a similar plan would work well in New York. 
Should it be tried ? Should it be considered ? Legisla- 
tion may reach the evil in the County Institutions, where 
it exists. The proposed bill might not reach or remedy 
it, as now proposed. The Legislative Committee is not 
the best tribunal in the world, to pass upon such meas- 
ures. The members are crowded and overwhelmed with 
the mass of bills. Only a few men in the legislature have 
considered these problems. Those most competent 
pass upon them, may not be upon the committees having 
these bills in charge. 
The whole situation demands the ablest thought and 
work, of the best minds of the State. The practical solu- 
tion would be to name a commission to revise the Lunacy 
Laws, as did Pennsylvania. Place men on it who would 
serve without compensation, except as secretary and 
clerks, and inside of two years a complete and harmon- 
ious working Lunacy System for the State could be sub- 
mitted to the Legislature, combining the wisdom and ex- 
perience of the ablest men of the State. 
All important legislation can best be done by such 
commissions. 
That was the course adopted in England, in France, 
in Italy, and everywhere that careful and enlightened 
lunacy legislation is secured. 
The time is now ripe for such a commission, and it is 
the best practicable solution of our lunacy problem. THE CORONER’S OFFICE, SHOULD IT BE 
ABOLISHED f * 
Clark Bull, Esq. 
Mr. President and Gentlemen of the Medical So- 
ciety of the State of New York : In responding to 
the request of your officers, to address this body upon 
the important topics of needed reforms in the laws of 
this State, regarding the office of Coroner, I take great 
pleasure in laying before you some of the facts and cir- 
cumstances that have led to this discussion, and to ex- 
plain the reasons which have led me to appeal to your 
powerful association for the moral support of the medi- 
cal profession of the State, in a movement in which that 
profession has more at stake and will gain as much as 
the people at large, if the movement meets with that 
success its importance and merits demand. 
At the request of the Medico-Legal Society of New 
York, I had the honor at its last session to submit to 
that body my views upon this subject. 
The executive committee of that society, at its later 
and very recent session, appointed Prof. Frank H. Ham- 
ilton and myself to lay the subject before your society, 
and to ask your aid in a movement to effect the neces- 
sary changes in the existing laws. 
The courtesy of your in vitation is due to these circum- 
stances, but your meeting was so close upon the session 
of our executive committee that I was unable to appear 
at an earlier hour in your session. 
Read before the Medico-Legal Society, January, 1881. 
Read before the State Medical Society, February, 1881. 
Raed before the International Medico-Legal Congress, June, 1889.  coroner’s office, should it be abolished ? 
157 
The whole subject of the office of Coroner, and of pro- 
cedure under the laws regulating that office, and defin- 
ing its powers and duties, has been made the subject of 
discussion, for a few years past, and has awakened pub- 
lic interest, both in England and the various States of 
the American Union. 
The attention of the British public was most pointedly 
called to it by the admirable address of Mr. Farrer Her- 
schell before the British Science Association, at Liver- 
pool, in October, 1876, and public interest in this coun- 
try soon followed. 
The discussion was practically opened in America by 
an address made by Mr. Theodore H. Tyndale, of the 
Boston Bar, before the Department of Health of the 
American Social Science Association, which appeared 
shortly after in the Boston Medical and Surgical Jour- 
nal, of March 1, 1877. 
This gentleman, with the co-operation of a few others, 
and the powerful aid of the State Medical Society of 
Massachusetts, carried that discussion before the State 
Legislature in a general proposition to make a complete 
revolution in their system, which was substantially like 
our own, as inherited from our English rncestry and 
traditions which had handed down that strange creation 
of the past, the office of coroner, and what has some- 
times been facetiously called “ crowner’s quest law.” 
It is not too much to say that mainly through the 
efforts of Mr. Tyndale, and of such gentlemen as he 
could bring to his aid, that discussion resulted in the 
adoption by the Legislature of Massachusetts, of an en- 
tirely new system, which can best be explained by the 
law itself, which passed on May 9, 1877, and which as 
follows: 158 
coroner’s office, should it be abolished? 
An Act to Abolish the Office of Coroner, and to Pro- 
vide for Medical Examinations and Inquest in Cases of 
Death by Violence. 
Be it enacted by the Senate and House of Representa- 
tives in General Court assembled, and by the authority 
of the same as follows: 
Section 1. The offices of coroner and special coroner are hereby 
abolished. 
Sec. 2. The Governor shall nominate, and by and with advice 
and consent of the council shall appoint, in the county of Suffolk 
not exceeding two, and in each county not exceeding the number 
to be designated by the county commissioners as hereinafter pro- 
vided, able and discreet men, learned in the science of medicine, to 
be medical examiners; and every such nomination shall be made at 
least seven days prior to such appointment. 
Sec. 3. In the county of Suffolk, each medical examiner shall 
receive in full for all services performed by him, an annual salary of 
three thousand dollars, to be paid quarterly from the treasury 
of said county ; and in other counties they shall receive for a view 
without an autopsy, four dollars; for a view and autopsy, thirty 
dollars, and travel at the rate of five cents per mile to and from the 
place of the view. 
Sec. 4. Medical examiners shall hold their offices for the term of 
seven years from the time of appointment, but shall be liable to re- 
moval from office at any time by the Governor and council for cause 
shown. 
Sec. 5. Each Medical examiner, before entei'ing upon the duties 
of his office, shall be sworn and give bond, with sureties, in the sum 
of five hundred dollars, to the treasurer of the county, conditioned 
for the faithful performance of the duties of his office. If a medical 
examiner neglects or refuses to give bond as herein required, for 
the period of thirty days after his appointment, the same shall be 
void, and another shall be made instead thereof. 
Sec. 6. The county commissioners in each county shall, as soon 
as may be after the passage of this act, divide their several counties 
into suitable districts for the appointment of one medical examiner 
in each district under this act; and when such division is made, shall 
at once certify their action to the secretary of the Commonwealth, 
who shall lay such certificate before the Governor and council. 
But nothing herein shall prevent any medical examiner from acting 
as such in any part of his county. 
Sec. 7. Medical examiners shall make examinations as herein- 
after provided, upon the view of the dead bodies of such persons 
only as are supposed to have come to their death by violence. coroner’s office, should it be abolished ? 
159 
Sec. 8. Whenever a medical examiner lias notice that there has 
Ibeen found or is lying within his county, the dead body of a person, 
who is supposed to have come to his death by violence, he shall forth- 
with repair to the place where such body lies and take charge of 
the same; and if on view thereof and personal inquiry into the 
cause and manner of the death, he deems a further examination nee- 
pessary, he shall, upon being thereto authorized in writing by the 
-district attorney, mayor, or selectmen of the district, city or town 
where such body lies, in the presence of two or more discreet per- 
sons, whose attendance he may compel by subpoena, if necessary, 
make an autopsy, and then and there carefully reduce or cause 
to be reduced to writing every fact and circumstance tending 
to show the condition of the body, and the cause and manner of 
death, together with the names and addresses of said witnesses, 
which record he shall subscribe. Before making such autopsy, he 
shall call the attention of said witnesses to the position and appear- 
ance of the body. 
Sec. 9. If upon such view, personal inquiry, or autopsy, he shall 
he of opinion that the death was caused by violence, he shall at 
once notify the district attorney and a justice of the district, police, 
or municipal court for the district or city in which the body lies, or a 
trial justice, and shad file a duly attested copy of the record of his 
autopsy in such court, or with such justice, and a like copy with 
such district attorney; and shall in all cases certify to the clerk or 
registrar having the custody of the records of births, marriages and 
deaths in the city or town in which the person deceased came to 
his death, the name and residence of the person deceased if known, 
or a description of his person as full as may be for identification, 
when the name and resid< nee cannot be ascertained, together with 
the cause and manner in and by which the person deceased came to 
his death. 
Sec. 10. The court or trial justice shall thereupon hold an in- 
quest, which may be private, in which case any or all persons other 
than those required to be present by the provisions of this chapter 
may be excluded from the place where the same is held ; and said 
court or trial justice may also direct the witnesses to be kept sepa- 
rate, so that they cannot converse with each other until they have 
been examined. The district attorney, or some person designated by 
him, may attend the inquest and may examine all witnesses. An 
inquest shall be held in all cases of death by accident upon any rail- 
road, and the district attorney or the attorney-general may direct 
an inquest to he held in the case of any other casualty from which 
the death of any person results, if in his opinion such inquest is 
necessary or expedient. 
Sec. 11. The justice or district attorney may issue subpoenas 
witnesses, returnable before such court trial justice. The 160 
coroner’s office, should it be abolished ? 
persons served with such process shall be allowed the same fees, and 
their attendance may be enforced in the same manner, and they 
shall be subject to the same penalties as if served with a subpoena 
in behalf of the Commonwealth in a criminal prosecution pending 
in said court or before said trial justice. 
Sec. 12. The presiding justice or trial justice shall, after hearing 
the testimony, draw up and sign a report in which he shall find 
and certify when, where, and by what means the person deceased 
came to his death, his name, if known, and all material circum- 
stances attending his death ; and if it appears tlias his death resulted 
wholly or in part from the unlawful act of any other person, he shall 
further state, if known to him, the name of such person, and of any 
person whose unlawful act contributed to such death, which report 
he shall file with the records of the superior court in the county 
wherein the inquest is held. 
Sec. 13. If the justice finds that murder, manslaughter, or an 
assault has been committed, he may bind over, as in criminal pros- 
ecutions, such witnesses as he deems necessary, or as the district at- 
torney may designate, to appear a id testify at the court in which an 
indictment for such offence may be found or presented. 
Sec. 14. If a person charged by the report with the commission 
of any offence is not in custody, the justice shall forthwith issue 
process for his apprehension, and such process shall be made return- 
able before any court or magistrate having jurisdiction in the prem- 
ises, who shall proceed therein in the manner required by law. But 
nothing herein shall prevent any justice from issuing such process 
before the finding of such report if it be otherwise lawful to issue 
the same. 
Sec. 15. If the medical examiner reports that the death was not. 
caused by violence, and the district attorney or the attorney-general 
shall be of a contrary opinion, either the district attorney or the at- 
torney-general may direct an inquest to be held in accordance with 
the provisions of this act, notwithstanding the report, at which in- 
quest, he, or some person designated by him, shall be present and 
examine all the witnesses. 
Sec. 16. The medical examiner may, if he deems it necessary, 
call a chemist to aid in the examination of the body, or of substances 
supposed to have caused or contributed to the death, and such chem- 
ist shall be entitled to such compensation for bis services as themed- 
ical examiner certifies to be just and reasonable, the same being 
audited and allowed in the manner herein provided. The clerk or 
amanuensis, if any, employed to reduce to writing the results of the 
medical examination or autopsy, shall be allowed for his services 
two dollars per day. 
Sec. 17. When a medical examiner views or makes an examina- 
tion of the dead body of a stranger, he shall cause the body to be. coroner’s office, should it be abolished? 
161 
decently buried; and if he certifies that he has made careful inquiry, 
and that to the best of his knowledge and belief the person found 
dead is a stranger, having no settlement in any city or town of this 
Commonwealth, his fees with the actual expenses of burial shall be 
paid from the treasury of the Commonwealth. In all other cases 
the expenses shall be paid by the city or town, and all other ex- 
penses by the county wherein the body is found. 
Sec. 18. When services are rendered in bringing to land the dead 
body of a person found in any of the harbors, rivers, or waters of 
the Commonwealth, the medical examiner may allow such compen- 
sation for said services as he deems reasonable, but this provision 
shall not entitle any person to compensation for services rendered in 
searching for such dead body. 
Sec. 19. In all cases arising under the provisions of this act, the 
medical examiner shall take charge of any money or other personal 
property of the deceased, found upon or near the body, and deliver 
the same to the person or persons entitled to its custody or posses- 
sion : but if not claimed by such person within sixty days, then to a 
public administrator, to be administered upon according to law. 
Sec. 20. Any medical examiner who shall fraudulently neglect 
or refuse to deliver such property to such person within three days 
after due demand upon him therefor, shall be punished by im- 
prisonment in the jail or house of correction not exceeding two 
years, or by fine not exceeding five hundred dollars. 
Sec. 21. The medical examiner shall return an account of the 
expenses of each view or autopsy, including his fees, to the county 
commissioners having jurisdiction over the place where the examin- 
ation or view is held, or in the county of Suffolk to the auditor of the 
city of Boston, and shall annex thereto the written authority under 
which the autopsy was made. Such commissioners or auditor shall 
audit such accounts, and certify to the treasurer of the Common- 
wealth, or the treasurer of the county, as the case may be, what 
items therein are deemed just and reasonable, which shall be paid 
by said treasurer to the person entitled to receive the same. 
Sec. 22. Whenever any sheriff is a party to a suit or proceeding, 
or otherwise disqualified to act therein, the sheriff or a deputy sheriff of 
any adjoining county may serve and execute all writs and precepts 
and perform all duties of such sheriff which he is disqualified to 
perform, and may serve and execute all such writs and precepts 
wherein any county, town, parish, religious society, or school dis- 
trict is a party or interested, notwithstanding he is at the time a 
member of such corporation. 
Sec. 23. AVhenever a vacancy occm’s in the office of sheriff of 
any county, the senior deputy sheriff in service shall perform all the 
duties required by law to be performed by the sheriff, until the of- 
fice of sheriff is filled in the manner required by law, giving bond as 162 
coroner’s OFFICE, SHOULD IT BE ABOLISHED? 
now required by law of sheriffs. And in ease of such vacancy, the 
deputies of the sheriff' vacating the office shall continue to have and 
exercise the power of deputy sheriffs until said office is filled as 
aforesaid. 
Sec. 24. Sections seventy-five, seventy-six and seventy-seven of 
chapter seventeen, and section one hundred of chapter sixty-three, 
and section eighteen of chapter one hundred and sixty-three of the 
General Statutes are hereby amended by substituting for the word 
“ coroner,” wherever the same occurs, the words “ medical exam- 
iner,” and for the word “coroners” the words “ medical examiners.” 
The second clause of section fifty-two, and sections seventy-four, 
seventy-eight, seventy-nine and eighty of chapter seventeen of the 
General Statutes, chapter one hundred and seventy-five of the 
General Statutes, chapter one hundred and thirteen of the acts of 
year eighteen hundred and sixty-one, chapter one hundred and sev- 
enty-two of the acts of the year eighteen hundred and sixty-two7 
chapter twenty-eight of the acts of the year eighteen hundred and 
sixty-four, chapter two hundred and forty-one of the acts of the 
year eighteen hundred and seventy-one, and chapter one hundred 
and fifteen of the acts of the year eighteen hundred and seventy- 
six, and all other acts and parts of acts inconsistent herewith are 
hereby repealed. 
Sec. 25. For the purposes of the appointment and qualification 
of medical examiners and the action of the county commissioners 
herein provided for, this act shall take effect upon its passage, and 
it shall take full effect on the first day of July next. 
The radical changes made by this act in Massachusetts 
were three-fold. 
1. The abolition of the office of coroner ; 
2. The dispensing wholly with juries on the prelimin- 
ary inquiry in this class of cases as unnecessary ; and 
3. The adoption of a new system, by which a compe- 
tent medical man took charge of the medical part of the 
investigation, and an arrangement for proper officials to 
take charge of the legal and statutory aspects of such 
cases, where the death was in any wise proper to be 
made the subject of a legal inquiry, preliminary to the 
final trial of the accused, after indictment. 
Under this change, Massachusetts appointed medical 
examiners for the several districts of the State, who took coroner’s office, should it be abolished? 
163 
*dharge of the new system, and were appointed by the 
Governor and council; their labors collected by the Med- 
ico-Legal Society of Massachusetts (composed wholly, 
'SO far as active members were concerned, of these offi- 
cials), furnish an admirable view of the results of a pe- 
culiarly fortunate attempt in a sister State to provide an 
Intelligent and practicable substitute for an acknowl- 
edged faulty system, quite as bad and cumbersome as 
our own. 
A comprehensive view of the subject can best be had 
by examining briefly the leading objectionable features 
■of our present system before we need consider how we 
can best remedy them. 
THE PRESENT STATUTE POWER—DUTIES OF THE CORONER’S 
OFFICE. 
In this State the office of coroner is elective, and held 
for three years. Coroners are not required to give bonds 
except when acting as sheriffs, when they may be re- 
quired to do so. 
Four coroners are elected in each county in the State, 
and in the city of New York the mayor is empowered to 
designate one to each senatorial district of that city, and 
assign him to duties therein. Coroners must be resi- 
dents of the county in which they are elected. They 
may be removed for cause by the Governor. 
They are authorized to arrest those who disturb re- 
ligious meetings ; to take charge of wrecks and wrecked 
property, to take measures for the preservation thereof; 
and for its delivery to the proper owners. 
They are authorized to investigate into the origin of 
■fires, by an inspection and inquest, with a jury, with 
proceedings like in most respects the inquests in case of 
sudden death, with power to arrest, in case there is 164 
coroner’s office, should it be abolished ? 
found to have been arson, or an attempt at arson, com- 
mitted. 
Whenever a coroner receives notice that any person 
has been slain, has suddenly died, been dangerously 
wounded, or found dead under such circumstances as to 
require an inquisition, the coroner is required to pro- 
ceed to the place where the body lies, to forthwith sum- 
mon a jury of not less than nine nor more than fifteen, 
to appear forthwith to make inquisition concerning such 
death or wounding. 
The coroner swears in the jury, summons witnesses to* 
appear before them, presides at the inquest, swears the 
witnesses and reduces their testimony to writing, which 
is subscribed by the witnesses. 
It is the duty of the coroner to summon some surgeon 
or physician to appear as a witness on such inquest. 
The jury then inspect the body, hear the testimony,, 
and deliver to the coroner their inquisition in writing,, 
which the law requires shall contain their finding, as to 
1. How and in what manner, and when, and where 
the person so dead or wounded came to his death or was 
wounded ; and 
2. Who such person was, and all the circumstances 
attending such death or wounding; and 
3. Who, if any, were guilty of the same, either as 
principals or accessories, and in what manner. 
The finding or inquisition of the jury, with the evi- 
dence of the witnesses, the coroner is required to return! 
to the next criminal court of record in the county. 
The coroner has power, on the finding of the jury 
that a crime has been committed, to bind over the wit- 
nesses to appear, and to issue warrants for the arrest of 
accused or suspected persons. 
In case of the absence or inability of the coroners to coroner’s office, should it be abolished ? 
165 
■act, in the city of New York, any alderman or special 
justice may act in his stead, exercising the same powers 
and duties as the coroner. Special legislation has been 
enacted, from time to time, for the city and county of 
New York, making the practice there different from 
other parts of the State, and containing many objection- 
able provisions, mixed with much that is good and com- 
mendable.* 
The law makes it the duty of coroners to hand over to 
the treasurer of the county all moneys or valuables 
found on the bodies of persons on whom inquests have 
been held, which have not been claimed by the legal 
representatives within sixty days after the inquest has 
been held. 
The law makes no requirement] as to professional 
knowledge or skill for the incumbent of the office, and 
does not require the coroner to summon a surgeon or 
physician who has superior knowledge as to the matters 
involved, leaving it wholly in the discretion of the coro- 
ner as to what surgeon or physician he may call, except 
in the city of New York, and calls him when summoned 
simply as a witness and as other witnesses are sum 
moned before the jury. 
The Governor has power to remove for misconduct in 
•office on charges. 
By analyzing our present system we will observe that 
if the object of an inquest should be to detect the exist- 
ence or commission of crime in cases of death by vio- 
lence, or sudden death, our law, as now constituted, is 
not well adapted for the purpose. 
1. Of what practical good is the verdict of a coroner’s 
jury on an inquest in such a case ? 
Is it binding, or even influential on the accused, on 
* See ‘’Note” at end of Address. 166 
coroner’s office, should it be abolished? 
the grand jury, or on the final trial ? Everyone knows 
that it is not. 
It is quite true to say that it is a useless and unnec- 
essary expense to summon jurymen in such cases, and 
in no case can it help the State or the accused on the 
final trial, which must still occur before conviction. 
We cannot be too jealous of the right of trial by jury, 
but in all cases under existing law two juries must agree 
before any person can be convicted of crime, without 
counting the coroner’s jury, viz : the grand jury which 
presents the indictment, and the jury on the trial of the 
accused after indictment; so that the abolition of the 
jury on the preliminary inquiry, and a change as to who- 
shall make the inquest in its stead, is not in any sense 
true an infringement upon the right of trial by jury, 
which in all cases would exist if the proposed change 
was made. 
It is a useless hardship on the citizen to be liable tc* 
be called on a coroner's jury, and the wTork of investi- 
gation can be done much better and easier by compe- 
tent medical officials to investigate the medical questions 
involved, holding them responsible for the work, care- 
fully providing for a thorough and practical examina- 
tion ; and by proper judicial officers, that part of the 
business which requires legal proceedings, adjudication: 
or decision as to whether a crime has been committed. 
There can probably be no more startling evidence of 
the utter uselessness of a coroner’s jury, than the state- 
ment of this fact: That whatever may be the verdict in 
a given case, the subsequent indictment, trial, and en- 
tire judicial proceeding is absolutely independent of it,, 
and proceeds as if the coroner’s jury had never acted 
at all. 
The object of an inquiry when a sudden death has oc~ coroner’s office, should it be abolished ? 
167 
curred, should be to inquire into the cause of the death.. 
Did it proceed from natural causes ? If not, from 
what cause, and has a crime been committed ? That is,, 
and should be, the full scope of such an inquiry. 
That such an investigation is proper, preliminary to a 
formal accusation is certain, because it determines, or 
should do so, that no trial is necessary, if the death is 
not by violence or is due to natural causes ; and it is 
due to all that an intelligent and careful scrutiny should 
be given by competent persons, in all cases, whether 
doubtful or not at first. 
Whether death has resulted from other than natural 
causes is usually a matter to be determined by a careful, 
competent, and thorough medical examination. 
Whether a crime has been committed is not a medi- 
cal question ; it is rather a legal one. 
What is, therefore, most needed, at once, in all such 
cases, is a formal and careful medical examination, by 
a perfectly competent medical man, upon the first in- 
quiry, and to decide upon the facts by a careful scientific 
inquiry as to the cause of death. 
The Massachusetts system provides an officer for that 
duty, and requires him by the terms of the law to be 
“ an able and discreet man, learned in the science of 
medicine,” to be even eligible to hold the office. 
The law compels this learned and competent officer to 
examine the body ; and if on such examination, and 
after personal inquiry into the cause and manner of the 
death, he deems further examination necessary, he shall, 
on the written authorization of the district attorney, or 
other competent judicial authority, proceed in a speci- 
fied careful way to make an autopsy in the presence of 
at least two discreet persons, and then and there to care- 
fully reduce to writing every fact and circumstance tend- 168 
coroner’s office, should it be abolished ? 
ing to s!iow the condition of the body and the cause and 
manner of death, together with the names and ad- 
dresses of said witnesses, which he shall subscribe, and 
for which he is, of course, officially and professionally 
responsible. 
If on this inquiry this officer, after such an examina- 
tion, autopsy, and certificate, shall be of the opinion 
that the death was caused by violence, he is commanded 
to notify the competent judicial authority, and file his 
report and certificate with the court, who shall there- 
upon proceed to investigate whether a crime has been 
committed—which is a legal or judicial question—under 
certain provisions of the law, and under due legal forms, 
with all the force and effect of a judicial proceeding. 
Under our present system the coroner can call in any 
medical man, whether he is skilled in the examination 
required or not, in most counties of the State. 
What is the necessity or value of a jury’s opinion, or 
verdict, upon the medical question as to whether the 
death was by violence or from natural causes ; or, on 
the second question, as to whether a crime has been 
committed, which is a judicial question ; and how much 
more valuable would be the carefully-prepared written 
statement and autopsy of the competent medical man, 
as a permanent record in the case ; or the finding of the 
competent judicial officer, upon evidence, in case and 
where it is held that a crime has been, or even probably 
has been committed, with the careful record of the facts 
and circumstances attending the death ? 
The opinion, report and autopsy of the medical man 
upon the medical question is valuable throughout the 
whole case, and in all subsequent phases of it. 
The report, evidence and finding of the judicial officer, 
as to whether a crime has been committed, is also of coroner’s office, should it be abolished ? 
169 
value, but the verdict of a coroner’s jury on either ques- 
tion, under our existing system, seems practically ab- 
surd, and experience has shown it to be both meaning- 
less and valueless. Then why continue it ? 
There is no race of men more wedded to their tradi- 
tions, past, and precedents than the Anglo-Saxon and 
their descendants. We inherit that peculiar trait of 
English character which makes us cling to the things 
and ways our fathers had and did before us. We are 
the last to see the absurdity of an old thing, gray with 
age, though quick to find it in a new. 
With the venerableness of the office of coroner we 
have little to do, but it is a source of absolute wonder 
how such an absurd and valueless office for the detec- 
tion of crime should have been continued through all 
these centuries. 
So far as his duties in case of acting in the place of 
the sheriff, or against the sheriff, or in regard to matters 
of wrecks, deodands, and forfeitures to the crown, which 
were his ancient duties, these are now obsolete, except 
in regard to the sheriff, and powers in certain other 
cases which would be wisely placed in some one officer 
in a county, but beyond that, there is no use or neces- 
sity for such an officer as the statute makes our present 
coroner, and the progress of events and civilization de- 
mands for us a change in this part of our system. 
Before proceeding to examine into the system and 
practice of other countries, it might be well to ask you 
to look at some of the fatal defects in our own. 
1. There is no existing provision compelling a care- 
ful and proper medical examination and autopsy, the 
absence of which, in doubtful and difficult cases, might 
result, and frequently does, in the entire defeat of 
justice. 170 
coroner’s office, should it be abolished? 
If an autopsy is to be taken at all, in a given case, it 
is usually of great importance that it be promptly done, 
and by competent medical authority. 
It would not be enough that our system provided for 
an autopsy. It should in all cases, when the circum- 
stances seem to require, compel it, and provide how it 
should be made, and what it should certify. 
2. Again, any citizen is now eligible to the office of 
coroner, and no precaution or safeguard is had under 
the law to secure an officer who is either competent 
to conduct the medical examination or the legal in- 
quiry. 
Most lamentable cases of ignorance of this official fill 
our books, and occur on all hands in practice. 
The history of criminal jurisprudence in our country, 
as well as of England, is full of cases where most seri- 
ous consequences result from the inexperience and igno- 
rance of incompetent persons taking charge of the medi- 
cal investigation as to the cause of death, or the later 
legal inquiry whether on the shown medical facts a 
crime has been committed. 
In extremely doubtful cases where crime has been 
committed, as, for example, by poisoning, especially 
where very difficult to positively detect, the present sys- 
tem of inquest would, or might, actually prevent detec- 
tion and subsequent conviction, by not having the 
proper medical examination and autopsy, which, if 
properly taken would have insured detection. 
The heart, lungs, stomach, intestines, and liver fre- 
quently are decisive witnesses in such cases ; and how 
many times would such an examination and autopsy 
have prevented the terrible consequences of an inno- 
cent person, accused of poisoning by suspicious or jeal- 
ous relations or enemies, being placed on trial, and, as CORONER’S OFFICE, SHOULD IT EE ABOLISHED ? 
171 
we know, sometimes actually convicted of a crime they 
never committed or contemplated. 
These delicate, difficult, and doubtful cases, where 
nothing but the highest character of scientific knowl- 
edge and critical examination at the time of the occur- 
rence would detect the crime, are of course lost, and the 
guilty escape ; and these cases the books do not show, 
because the real facts and circumstances do not appear, 
and the real record is never made. 
3. The existing statute, in failing to secure a compe- 
tent officer to conduct the medical examination, thus 
shown to be indispensably necessary in every case where 
a crime has been committed, or even to determine 
whether the death is probably from natural causes, is as 
faulty in making no provision for a competent person 
to conduct a necessary legal inquiry, as to whether a 
crime has been committed, in those cases where the 
death is clearly from violence, and not from natural 
causes. 
The existing statute throws this inquiry upon a jury, 
who, in the nature of things, cannot determine it judi- 
cially, and who can only conduct an inquiry upon com- 
petent evidence, with an official presiding who is not 
required by the law to be competent to conduct such an 
inquiry. 
And we have gone on thus for centuries, taking the 
verdict of coroners’ juries in these cases—absolutely 
valueless judicial farces, oftentimes attended with la- 
mentable and fatal results. 
In the case of William Simmons, charged with homi- 
cide, the coroner’s jury, on a full hearing, pronounced 
the killing justifiable homicide, the prisoner having been 
assaulted with a deadly weapon, and having defended 172 
coroner’s office, should it be abolished? 
himself with a knife, killing his assailant while in a 
death struggle on the floor. 
The court, however, on the trial, held against the use 
of a knife, even in such an extremity ; and Simmons 
was convicted. But the Governor pardoned on the mer- 
its, though the sentence was nearly out. The verdict of 
the coroner’s jury had not the slightest legal force or 
effect. 
Provisions should be made, therefore, in the law regu- 
lating such investigations, for a proper judicial proceed- 
ing before a competent court and officer, which should 
be a proper, legal and necessary step toward the trial 
itself. 
This is secured under the new Massachusetts law by 
directing the proceeding to be taken before a justice 
of the district, police, or municipal court in which the 
body lies, or a trial justice, which is conducted for the 
State by the district attorney of the county, or by some- 
person designated by that officer. 
4. If the existing law could be amended by dispens- 
ing with a jury in such cases ; providing for a competent 
medical officer to conduct the preliminary examination 
under distinct methods, that would secure a record of 
these necessary medical facts, to answer fully the medi- 
cal inquiry, with a proper provision for examination be- 
fore a competent judicial tribunal in case the medical 
preliminary examination made that necessary, or prob- 
ably so; it would be a great gain to our present system, 
even if we called the medical officer by the old name of 
coroner. But there are so many absurdities under that 
system that it would doubtless be wiser, if it was decided 
to make a change, to abolish the office of coroner alto- 
gether and provide for the new system by appropriate 
legislation, attaching those duties in respect to sheriffs, coroner’s office, should it be abolished ? 
173 
wrecks, etc , to some other officer, as, for example, the 
•district attorney in counties, or the county treasurer ; 
or perhaps for constitutional reasons to leave the coro- 
ner to discharge them when occasion arose. 
It may be well in such an inquiry to examine the laws 
of other countries and their practice under them. 
FRANCE. 
In France two distinct and separate officers take 
charge of all such investigations. 
The legal officer, the procureur du roi, or, as he is now 
called, the procurer or attorney of the republic, anala- 
gous in some respects to our district attorney, proceeds 
to the place where the dead body is found, makes the 
investigation, summons and examines witnesses, and 
reduces their evidence to writing, which is subscribed. 
He has large power granted him as to seizing articles 
•or papers, if connected with crime, and can restrain sus- 
pected persons from leaving the premises or the neigh- 
borhood. He has power to use experts or clever detec- 
tives, which is a part of the French system for the de 
tection or discovery of crime. He is responsible for the 
case as a legal inquiry, and for all the legal questions 
involved. 
The medical side is in charge of a medical officer, 
chosen for his superior and excellent medical knowledge, 
with almost equal powers, supreme as to the medical 
examination, inquiry, and all medical questions involved; 
and this officer—and sometimes two—is connected also 
with the subsequent prosecution of the criminal when a 
crime has been committed, or the legal officer decides 
that one has been committed. 
The admirable writings of Emile Gaboriau well de- 
scribe the powers, duties, and responsibilities of these 174 
CORONER’S OFFICE, SHOULD IT BE ABOLISHED? 
various officers, and the excellent working of what may- 
be called the French system, in such works as “File No. 
118,” “Monsieur Le Coq,” “The Widow Lerouge,’’ and 
other admirable work?, from his prolific pen. 
‘ I have thought it would interest the thoughtful stu- 
dent of this subject to give a resume of the laws of 
France recently adopted upon this subject, in which I 
have received valuable assistance from my brother 
and colleague, Mr. Fred. R. Coudert, of our Bar. 
The investigation of crimes, such as murder, and the 
preliminary investigation to establish the culpability of 
the murderer in case of violent death, in France, is one 
of the duties of the attorney of the Republic. 
The duties and powers of the attorney of the Republic 
are defined in the Code of Instruction in Criminal Pro- 
ceeding, Book I., Chapter IV., Section II., Articles 29 to* 
47, included. Among these articles, the following have 
especial reference to the investigation and proof of 
crime and the arrest of the guilty persons. 
“Art. 32. In all cases of flagrante delicto, when the act shall be 
of such a nature as to entail punishment of a degrading or ignomini- 
ous character, the attorney of the republic shall himself proceed to 
the spot, without any delay, for the purpose of drawing the official 
reports which may be necessary to establish the evidence of crime, 
its condition, that of the surroundings, and to receive the declara- 
tions of the persons who shall have witnessed the deed, or who shall 
he able to give information thereon, etc. 
“ Art. 33. The attorney of the republic may also, in the case of 
the preceding article, summon such of the relatives, servants, or 
neighbors, as are able to give information upon the fact. He shall 
receive their statements, which they shall sign. The statements 
made in conformity with the present and the preceding article, 
must be signed by the parties, and in case of refusal, mention of it 
is to be made. 
“ Art. 36. The attorney of the republic shall seize the weapons, 
and all that shall appear to have been used, or have been intended 
to have been used for the commission of the crime, or the offence,, 
as well as all that may have resulted therefrom, and, in fact, all 
that may throw light on the subject; he shall ask the accused party CORONER’S OFFICE, SHOULD IT BE ABOLISHED ? 
175 
to account for the things so seized, which shall he shown to him; he 
will draw up an official report, which shall be signed by the accused, 
or mention shall be made of his refusal to do so. 
“ Art. 40. The attorney of the republic in such a case of fla- 
grante delicto, and when the crime shall be of such a nature as to en- 
tail a degrading or ignominious punishment, shall arrest the ac- 
cused persons present, against whom strong presumption may be en- 
tertained. 
“ If the accused is not present the attorney of the republic shall 
issue an order to compel him to appear. This order is called ‘ Man- 
dat d’amener.’ The information alone does not constitute suffi- 
cient presumption to authorize the issuance of such a warrant 
against a domicled person. 
“ The attorney of the republic shall at once examine the accused 
brought before him. 
“ Art. 42. The official reports of the attorney of the republic, in 
pursuance of the preceding articles, shall be made and drawn up in 
the presence, and shall be signed by the commissary of police of the 
‘Commune’ in which the crime or offence shall have been committed, 
or the mayor or the assistant mayor, or by two citizens domiciled in 
the same ‘ Commune.” 
“Nevertheless, the attorney of the republic may draw up the of- 
ficial reports without the assistance of witnesses when there is no 
possibility of obtaining them at once. 
“ Each sheet of the official report shall be signed by the attorney 
of the republic, and by the persons who shallghave been present, in 
case of their refusal or inability to sign, mention shall be made 
thereof. 
“Art. 43. The attorney of the republic shall be accompanied, if 
necessary, by one or more persons who may be presumed by their 
trade or profession to be capable of appreciating the nature and the 
circumstances of the crime or offence. 
“ Art. 44. If a violent death shall have taken place, or a death 
from unknown causes, or under suspicious circumstances, the attor- 
ney of the republic shall be assisted by one or two physicians, who 
shall make their report as to the cause of the death, and the condi- 
tion of the corpse. 
“ The persons who shall be summoned in the cases provided by 
the present and the foregoing articles, shall before the attorney of 
the republic be sworn to make their report and give their opinion 
according to honor and conscience. 
“ Art. 45. The attorney of the republic shall, without delay, 
transmit to the examining magistrate the official reports, instru- 
ments, documents, and weapons drawn up or seized in pursuance of 
the preceding articles, to be proceeded with as set forth in the 
chapter entitled, ‘ Of Examining Magistrates;’ and in the meanwhile 176 
CORONER’S OFFICE, SHOULD IT BE ABOLISHED ? 
the accused shall remain at the disposal of the judicial authorities, 
so that he can at any time be arrested. 
“Art, 47. Except in the cases provided for in articles 32 and 46, 
the attorney of the republic, upon being notified by information or 
otherwise, that a crime or an offence has been committed in his dis- 
trict, or that a person charged with the commission thereof is in his dis- 
trict, shall call upon the examining magistrate, to order an inquiry, 
and even, if necessary, proceed to the spot in order to draw up all 
the necessary official reports, as will be found described in the chap- 
ter entitled, k Of Examining Magistrates.’ ” 
When the papers have been transmitted by the attor- 
ney of the republic to the examining magistrate, the lat- 
ter holds an investigation. His powers and duties are 
defined in the code of Examinations in Criminal Proceed- 
ing, Book F, Chapter VI., Articles 55 to 90. 
Tne following articles in particular explain the mode 
of proceeding in case of murder. 
“Art. c9. In all cases reported as flagrante delicto, the examin- 
ing magistrate may directly, and of his own authority, perform all 
the acts attributed to the attorney of the republic, by observing the 
rules defi ied in the chapter ‘ Of Attorneys of the Republic and 
their Substitutes.’ The examining magistrate may require the pres- 
ence of the attorney of the republic, without any delay, however, 
as to the operations defined in said chapter. 
“Art. 61. Except in cases oi flagrante deliato, the examining 
magistrates shall make no investigations, and take no proceedings 
without informing the attorney of the republic thereof, who may, 
moreover, require this information to be furnished him at. all stages 
of the investigation, subject to the obligation of returning the pa- 
pers within twenty-four hours. 
“The examining magistrate, however, if there be occasion for it, 
may issue the warrant to produce the person, and even the warrant 
of commitment, without its being necessary that they have been pre- 
ceded by the legal conclusions of the attorney of the republic. 
“Art. 62. Where the examining magistrate proceeds to the spot, 
he shall always be accompanied by the attorney of the republic, 
and the registrar of the tribunal. 
“Art. 71. The examining magistrate shall summon before him 
such persons as shall have been indicated by information, by com- 
plaint, by the attorney of the republic, or otherwise, as having 
knowledge of the crime or offence, or of the circumstances. 
“Art. 87. The examining magistrate shall, if required to do so, 
and even of his own accord, proceed to the domicile of the party CHIEF JUSTICE HORTON, OF KANSAS. coroner’s office, should it be abolished ? 
177 
'charged with the crime or the offence, in order to make a search for 
the papers, effects, and generally, all articles which shall be deemed 
necessary for arriving at the truth. 
“Art. 88. The examining magistrate may likewise proceed to 
such other places as it is likely that articles like those mentioned in 
the preceding section shall have been concealed.” 
Articles 91 to 112 regulate the rights of the examin- 
ing magistrate to issue orders to apprehend {comparu- 
tion), orders of commitment {depot), orders to produce 
the person {d'amener), and orders of arrest {d'cirret). 
Articles 113 to 126 regulate provisional release and re- 
lease on bail. 
Articles 127 to 136 regulate the orders to be issued by 
the examining magistrate when the investigation is ter- 
minated. 
“ Art. 133. If the examining magistrate considers the deed as 
•one entailing punishment of a degrading or ignominious character, 
and that the evidence against the accused is sufficiently established, 
he will order that the papers in the proceedings, the official report 
•establishing the nature of the offence, and a list of exhibits, shall 
be transmitted without delay by the attorney-general of the 4 Cour 
d’Appel,’ in order that they may be used as specified in the chapter 
4 On Indictments.’ 
“ The exhibits shall remain with the court where the examina 
tions took place, with the exceptions set out in articles 228 and 291.’ 
Tne indictment is regulated in Book, II., Title II., 
Chapter I., Articles 217 to 250. 
The trial before the Assize Court is regulated by Book 
II., Title II., Chapters II., III. and IV., Articles 251 to 
380. 
And the jury is formed and works under the same 
-code, book, and title, Chapter V., Articles 381 to 406. 
GERMANY. 
The present law of the German Empire, adopted Oc- 
tober 1, 1879, being the code of criminal procedure (Straf- 
Process Ordnung) regulates proceedings for this class of 
•cases for all Germany to-day. 178 
coroner’s office, should it be abolished? 
A judicial officer called the district attorney (staats- 
anwalt) has charge of these proceedings. He is clothed 
with powers as full as those of our district attorney,, 
of a committing magistrate, or a police justice. He is 
entitled to ask information from all public authorities, 
who are bound to assist him in his official duties. The 
police are his subordinates, and under his control in all 
respects in the investigation of crime. 
The police authorities are also bound on their own ac- 
count to investigate supposed crimes, and report to this 
officer, especially in all cases of sudden death or death 
by violence ; and in these cases no interment of the body 
is allowed until after the consent has been obtained of 
the district attorney or the competent court. 
There is no coroner in Germany, nor any analagous 
officer ; nor any jury on the preliminary examination. 
There are judicial district physicians or surgeons regu- 
larly appointed who are selected for their special train- 
ing and fitness for the duty. They are summoned by 
the district attorney, or by the police authorities, and 
examine the body, make the autopsy, and conduct in all 
respects the medical examination. 
The code prescribes a form or set of special rules for 
the conduct of the judicial examination of the body 
(gerichtliche leichenschciii), which occur under a special 
order of the court; and the code also provides how and 
in what cases and manner experts may be called in by 
the district attorney or the police magistrate. 
The grand jury and its indictments as in our system, 
is unknown in Germany. 
If the district attorney, after the preliminary examin- 
ation and inquisition has been made, and the evidence 
and medical examination and report made, believes that 
a crime has been committed, or that probable cause ex- coroner’s office, should it be abolished ? 
179 
ists for such a belief, he brings on the trial by a motion to 
the competent court, and if the court, on such motion, 
after hearing the ease, believes that sufficient reasons 
are presented, it orders a preliminary judicial investiga- 
tion (gerichtliche voruntersuchung), which is conducted 
before a justice, with the assistance of the district at- 
torney, at which the accused is heard, and is represented 
by counsel if he desires. The result of that preliminary 
investigation usually determines the matter. If the dis- 
trict attorney desires to press it, he moves it on ; if not, 
the case is usually dropped. 
SCOTLAND. 
Scotland has gone off from the English system, and 
an officer analagous to the French procureur du roi, 
called a procurator fiscal, performs the duties of the pre- 
liminary inquiry investigation, much as if our district at- 
torney was charged with the preliminary inquiry, with 
large powers of taking testimony and making arrests, 
but acting without a jury. 
In Turkey, if a death occurs in a town where there is 
a foreign consul, the deceased not being a native of or 
citizen of Turkey, the consul or legation of the nation- 
ality of the deceased takes charge of the investigation, 
in such manner and form as each consul chooses, act- 
ing for his own country. 
If it is a citizen that dies, there is no investigation, 
nor any officer even analagous to our coroner. 
If the case presents aspects which justify an official or 
other interference, the police take it in charge. They 
conduct the inquiry, and investigation as a judicial pro- 
ceeding, calling witnesses, experts, and medical aid as 
they see fit. 
TURKEY. 180 
coroner’s office, should it be abolished? 
These deaths are regarded more lightly in Turkey that 
in most European countries, and nothing resembling our 
inquest is known. 
GREECE. 
In Greece the system in force is almost identical with 
that of France. 
An officer analagous to the French procureur du roi 
takes charge of the legal side and conducts the pro- 
ceedings. 
A medical officer takes exclusive charge of the medi- 
cal question and examination, and detectives or experts 
trained to the business are subject to the call of the prose- 
cuting officer. 
RUSSIA. 
The whole proceeding is in Russia placed in the charge 
of a judicial officer known as Judge of Instruction. 
He is an officer of the crown, appointed in and for 
district by the central governor, or council of the 
province or state. 
He repairs to the place and takes charge of the body 
of the deceased. Has power to seize all papers and cor- 
respondence, and put seals on the private papers and 
boxes. He summons and examines all witnesses, takes 
the evidence, reduces it to writing, calls experts, and 
•examines and directs their action. He is clothed with 
large powers, and may arrest, and even place in close 
•confinement an accused or suspected person. 
He stands for the state as an accuser, and yet is 
bound in honor and conscience to act as a judge, and 
to act impartially for the accused. 
The medical questions and the medical side of the 
case are in charge of a physician or surgeon who is a 
■sworn crown officer, with a salary. He acts in con- 
junction with the Judge of Instruction, but independ- coroner’s office, should it be abolished ? 
181 
ent of him. He is bound to make an autopsy, if any 
suspicion or doubt exists as to crime. 
He conducts the autopsy, and carefully reduces, 
his examination and conclusions to writing, which he 
furnishes to the court, and also to the central medi- 
cal council or board, held in every province at the seat 
of the government, who have a power of review of the 
same, in case doubt exists. 
Since the year 1861, in each village of Russia, certain 
citizens are designated by the mayor of the village, 
whose duty it is to attend such cases at the summons of 
the Juge d'Instruction, aid him in the investigation 
by their inquiries, give evidence of the known facts,, 
search for evidence in doubtful cases, and help so far 
as they can in the investigation. 
They are not, however, clothed with any powers. 
They make no finding nor report, but are required by 
law to attend, and stand as a sort of watch to the 
proceedings, aiding the officials of the crown in the* 
discharge of their duties. 
DENMARK. 
In Denmark the State is divided into several large* 
districts, some seventeen in number. These are subdi- 
vided into smaller districts, or counties, in each of 
which a judicial officer, analagous to our county judge,, 
is appointed, who has power over such cases. 
He acts without a jury, possesses the powers of a 
coroner and police magistrate combined, is both prose- 
cuting officer and judge, and if the cause proceeds to 
trial finally, it is before this officer. 
No counsel is allowed on the preliminary investiga 
tjon, even if a person is accused. This officer can 182 
coroner’s office, should it be abolished ? 
make arrests, but the accused can only be held twen- 
ty-four hours without a hearing. 
In the seventeen larger districts there is a judicial 
officer who has superior jurisdiction over the county 
officer, to whom the latter reports all the proceedings. 
If the district judge orders the trial to proceed, it 
goes on before the county judge ; if not, it is usually 
abandoned. 
In each county is also a medical officer, appointed 
by the crown, with a salary, who examines the medical 
questions on the call of the county judge, conducts 
the autopsy and scientific examination, reports in writ- 
ing to the county judge, and also to the central bureau 
of eminent physicians, called the Royal Bureau of 
Health. This bureau, in each district, reviews his ac- 
tion, and in doubtful cases take action, as in cases of 
poisoning or insanity, their report being made to the 
county judge, in writing, is usually decisive, of any issue 
they pa ss upon. 
The county medical officer is first consulted on all 
medical questions, and is supreme except as to the review 
of his action by the royal health bureau. 
The district officer frames the indictment, if one is 
found, and orders the trial to proceed before the county 
judge. An appeal lies first to the superior court in each 
district; then to the supreme court of Denmark. 
In reaching a conclusion satisfactory to ourselves it 
may not be uninteresting to pursue our inquiry into the 
EXPENSES OF THE PRESENT SYSTEM, AND ECONOMY OF 
THE CHANGE. 
If it be true that the verdict of a coroner’s jury has no 
practical value, in determining the guilt or innocence of 
an accused person, it may well be said that the cost of coroner’s office, should it be abolished 
183 
summoning the jury, and the fees and expenses of the 
jurymen would, of course, be wholly saved by its 
abolition. 
In the inquiry before the legislative committee of Mas- 
sachusetts, a carefully prepared statement was made as 
to the expenses of the then existing system and that 
under the one finally adopted, and it was clearly shown 
that the saving in expense to the State, not taking into 
account the time of the jurymen, was fully thirty-three 
per cent, in favor of the proposed change. 
Mr. Tyndale, in answer to my inquiry as to the saving 
to the State of Massachusetts on the trials made there, 
under the change, reports that he had gathered facts en- 
abling him to make a careful statement of the expenses 
attending coroner’s inquests throughout the State of 
Massachusetts under the former law, and also the work- 
ings of the new system, and that the saving to the Com- 
monwealth in jurors’ fees, constables’ fees for summon- 
ing jurors, amounts to full one-third of the former ex- 
penses, while the results of the scientific inquiries now 
made are of great value, as the testimony is secured ex- 
actly and early in the proceedings before time and decay 
have made it difficult or impossible to obtain it ; that 
where the State of Massachusetts formerly paid about 
twenty thousand dollars annually for scientific work 
under the old system, with which absolutely nothing 
was done—the money being virtually thrown awray—it 
now gets its first important steps taken in criminal in- 
vestigations, attended to by thoroughly competent men 
for about one-third less than before. 
There can be no higher authority on this inquiry in 
that State than Mr. Tyndale, nor one who has more re- 
liable sources of information; but on the occasion of my 
recent visit to Boston, as a delegate from the Medico- 184 
coroner’s office, should it be abolished ? 
Legal Society of New York, to the annual meeting of 
the Massachusetts Medico Legal Society, I took the 
opinion of Dr. Alfred Hosmer, then the president of the 
society, and later, Dr. Kobert Amory, now occupying 
that chair, both medical ( xaminers under the new law, 
and thoroughly familiar with the statistics upon this 
question, and both place the economy to the State in the 
actual saving of expenditure at thirty-three and one- 
third per cent, in favor of the new system. 
There is one other consideration having an important 
bearing upon this branch of the inquiry that was not 
considered by these gentlemen, or embraced in their es- 
timate of saving. It is this: Under the old system, if 
scientific evidence was called by the State, autopsies 
made, or chemical evidence taken on the preliminary 
inquiry, it was of no value whatever on the final trial. 
If now taken, as indeed it must be, if necessary, it is of 
value ; it has its direct relation to the case, is an import- 
ant and valuable par t of its record and history ; and in 
these cases, when medical experts are called, the saving 
under the new system would be something great in any 
case, and in all doubtful and obscure ones. 
It may, I think, therefore be affirmed in this discus- 
sion, without fear of contradiction, that a change in our 
law would be a very great economy to the State in both 
these important respects. 
There have been some suggestions as to a chief officer 
and subordinates, which I regret to have heard made* 
They come from a too superficial view of the subject. 
In the nature of things the officers throughout the 
State must needs be county officers; and they should 
have, of course, co ordinate powers. 
If in our change we do not provide for entirely com- coroner’s office, should it be abolished? 
185 
petent and trained men for the work we had better not 
change. 
An examiner-in-chief who should have control for the 
State, with assistants for the counties, would be simply 
an incongruity, and a failure. 
It needs the same competent person fo provide for all 
the work being well done, in one district that it does in 
in another. 
There is no country in the world that attempts such a 
plan. Co-ordinate powers to the officers, executing 
those within defined districts, would be the only success- 
ful plan. 
Again, let it not be forgotten that under the Massa- 
chusetts law the medical examiner takes no part in the 
judicial branch of the inquiry. That is placed in well- 
defined judicial hands. 
It would be as faulty to place the legal side of such a 
proceeding in the hands of a merely medical man, as it 
would to provide for a lawyer to make an autopsy, or to 
certify whether the death was probably due to natural 
causes. 
A competent physician would, even under our present 
law, be a much better coroner than the ordinary officer, 
because if trained in the branch of medical knowledge 
involved, he would be more competent to discharge the 
duties involved in that part of the inquiry. But he 
would not be as competent as even our present coroner 
to conduct the other duties of that office, by reason of 
his education, which unfits him for judicial duties. 
The reforms needed in our system may be summarized 
as follows: 
1. The abolition of the coroner’s jury, or of any jury 
on the preliminary investigation as useless, expensive, 
and not calculated to discover or detect the commission 186 
coroner’s office, should it be abolished ? 
of crime, if one has been committed, or the best method 
of determining whether the death was by violence or 
from natural causes. 
2. Such a change of our law, as shall p'ace the exam- 
ination of the preliminary medical inquiry, whether the 
death is due to natural causes or to violence, in charge 
of a medical man of special knowledge on such subjects, 
who shall be obliged to conduct an autopsy, with power 
to call witnesses, and to make scientific record of the 
facts and circumstances of the case substantially like 
that provided under the law of Massachusetts. 
3. The proper method of conducting the legal inquiry 
as to whether a crime has been committed, if the report 
and examination of the medical examiners make it nec- 
essary, and defining the proper officer to conduct, and 
the tribunal to hear and decide it. 
The district attorney of the county, or some person to 
be designated by him, would probably be a perfectly safe 
provision in our State. 
Courts of justices of the peace in various counties, and 
of the police justices in the cities, would be the proper 
judicial tribunals under our system. As constituted, 
they are competent to take charge of such proceedings, 
which should, of course, be a legitimate preliminary step 
for the discovery and punishment of crime in all cases. 
4. If a medical man was not selected to take charge 
of the preliminary inquiry, as in Massachusetts, and the 
whole inquiry placed, as in France, in charge of a legal 
officer who should be of the degree of counselor at law ; 
then, that competent medical men, selected by reason of 
their training and skill in this class of cases, should be 
designated by competent authority, such as the county 
judge in counties, and the chief justices of the supreme, coroner’s office, should it be abolished ? 
187 
superior and common pleas courts in cities, of sufficient 
number to do the work, acting upon a salary, and sworn, 
as public officers, to act upon their best judgment, honor, 
and conscience in such cases, when called by the district 
attorney or other officer conducting the legal proceed- 
ings. 
For practical work I believe the better change, consid- 
ering our system, would be the adoption of the Massa- 
chusetts plan. It has been tried there, it works well, it 
could easier be carried into effect, would, I think, give 
greater public satisfaction, and be of greater public 
good. 
The important obstacle is the question of how the 
medical examiners should be selected. 
Under our system how could we so frame the law as 
to have these officers selected by reason of their profes- 
sional fitness for the place, and without reference to po- 
litical considerations ? 
If thought dangerous to make the office elective ereh 
it would certainly be safe to have them appointed, either 
by the governor, by and with the consent of the senate, 
or by the county judges in the counties, and the chief 
justice of the common pleas in this city, an office anala- 
gous to that of county judges in counties. 
If the appointments were made by the governor and 
senate, there might be danger of political considerations 
influencing the appointments, rather than the peculiar 
fitness of the man for the office, which, perhaps, might 
be guarded against in the law itself to some extent. 
The success of the Massachusetts plan has been due to 
the care the governor has taken there to select men for 
their peculiar fitness for the office, and wholly ignoring 
the political affinities of the men selected. 188 
CORONER’S OFFICE, SHOULD IT BE ABOLISHED? 
Governor Long, of Massachusetts, is entitled to the 
highest praise for his action in this respect, and his pre- 
decessor also ; and if we could be sure of similar action 
by our executive, I know of no safer way than to allow 
the executive to appoint; but, with past experience, it 
would doubtless be safer to give the appointment to the 
county judge of counties, and provide in the law that 
they shall be made without regard to political considera- 
tions, and only by reason of the competency of the offi- 
cer, by his education and training for the office. 
There are those who seek to avoid the discussion of 
this question upon its merits, on the ground that the 
coroner is an officer created by the constitution, and can- 
not, therefore, be abolished. 
There are two ways of regarding this objection: 
1. If it were true that the defects of our present sys- 
tem could only be remedied by an amendment to the 
constitution, it would be a perfectly proper subject for 
discussion to inquire whether the public good would be 
subserved by such a change, and then take the proper 
course to change the constitution by amendment. 
Our duty now is to inquire whether a change is desira- 
ble, and to carefully investigate the subject on its merits; 
to examine how the Massachusetts system works; to 
examine such proceedings in other countries ; and to de- 
termine what is best for us in this State to do in such 
matters. The people will never find difficulties they 
cannot surmount, if they decide to change, in any ques- 
tion, even if it is constitutional. 
2. To my mind, however, no amendment to the con- 
stitution is necessary to effect the proposed reforms. 
THE CONSTITUTIONAL QUESTION. coroner’s office, should it be abolished ? 
189 
such as are given by the legislature in laws enacted from 
time to time upon the subject. 
It is absolutely necessary that some officer should be 
designated to act as sheriff in cases where the sheriff 
was incompetent to act, by reason of being a party. 
The provision as to wrecks, investigating into the cause 
and origin of fires are good provisions, and the coroner’s 
office might retain to take charge of these when occa- 
sion arose. 
Legislation which took from the coroner all control of, 
or connection with cases of death by violence, or sudden 
death, providing new officers and methods, could be 
passed without conflicting with the constitution, by a 
simple repeal of certain existing statutes, and the pass- 
age of acts conferring these powers upon officers to be 
appointed by competent authority. 
The abolition of the coroner’s jury is certainly not in 
conflict with the constitution. 
The creation of an officer charged with defined duties 
and powers, in matters of this kind is certainly not in 
conflict with the constitution. 
The power of the legislature to define and extend the 
powers and duties of coroners involves the right to 
diminish their powers and duties as well as to enlarge 
them : and if the whole business of inquests and con- 
ducting investigations in the class of cases now under 
consideration was taken by legislstion from the present 
coroner and placed either under such a system as that 
adopted by Massachusetts, or that in vogue in France or 
Germany, the coroner’s office would still exist ; but with 
restricted powers ; and the constitution would be invio- 
late. The opinions of the Supreme Court of Massachu- 
setts upon analagous questions, are, I think, conclusive 190 
coroner’s office, should it be abolished? 
While the constitution provides for the election of four 
coronets in each county of the State by the people, the 
powers, duties, and all the authority of those officers are 
upon the legal questions involved. [Vol. 117 Mass. 
Rep., p. 603 ; 1 Gray Rep. p. 1.] 
The special legislation for the city and county of New 
York is so important for the proper understanding of the 
subject that the various laws are hereby collected and 
given for general information of the subject. 
The general statutes for the State on the subject of the 
office of coroner are as follows: 
Title VI[, Article First, Chapter II., Page 1039, Banks 
& Bros.’ Sixth Edition Revised Statutes. 
“ Section 1. Whenever any coroner shall receive notice that any 
person has been slain, or has suddenly died, or has been danger- 
ously wounded, or has been found dead under such circumstances 
as to require an inquisition, it shall be the duty of such coroner to 
go to the place where such person shall be, and forthwith to sum- 
mon not less than nine nor more than fifteen persons, qualified by 
law to serve as jurors, and not exempt from such service, to appear 
before such coroner forthwith, at such place as he shall appoint, to 
make inquisition concerning such death or wounding. [Laws of 
1847, ch. 118, § 1.] 
“Sec. 2. Any justice of the peace in each of the several towns 
and cities of this State, is hereby authorized and empowered, in case 
the attendance of a coroner cannot be procured within twelve hours 
after the discovery of a dead body, upon which an inquest is now 
by law required to he held, to hold an inquest thereon, in the same 
manner and with the like force and effect as coroners. 
“ Sec. 3. In all cases in which the cause of a death is not appar- 
ent, it shall be the duty of the justice to associate with himself a 
regularly licensed physician, to make a suitable examination for 
the discovery of said cause. 
“Sec. 4. Each and every justice of the peace who shall hold in- 
quests by virtue of this act, shall receive the same fees as are now 
allowed by law to coroners. 
“ Sec. 5. Whenever six or more of the jurors shall appear, they 
shall be sworn by the coroner to inquire how and in what manner, coroner’s office, should it be abolished ? 
191 
and when and where, such person came to his death or was 
wounded, as the case may be, and who such person was, and into all 
the circumstances attending such death or wounding; and to make 
a true inquisition, according to the evidence offered to them, or 
arising from the inspection of the body. [As modified by % 2 of ch. 
118, of Laws of 1847.] 
“ Sec. 6. The coroner shall have power to issue subpoenas for 
witnesses, returnable either forthwith or at such time and place as 
he shall appoint therein; and it shall be the duty of the coroner to 
cause some surgeon or physician to be subpoenaed to appear as a 
witness upon the taking of such inquest. 
“ Sec. 7. Every person served with any such subpoena shall be 
liable to the same penalties for disobedience thereto, and his attend- 
ance may be enforced in like manner, as upon subpoenas issued in 
justices’ courts. 
“ Sec. 8. The jury, upon the inspection of the body of the per- 
son dead or wounded, and after hearing the testimony, shall deliver 
to the coroner their inquisition in writing, to be signed by them, in 
which they shall find and certify how and in what manner, and 
when and where, the person so dead or wounded came to his death 
or was wounded, asthe case may be, and who such person was; and all 
the circumstances attending such death or wounding, and who were 
guilty thereof, either as principal or accessory, and in what manner. 
‘‘Sec. 9. If the jury find that any murder, manslaughter, or as- 
sault has been committed, the coroner shall bind over the witnesses 
to appear and testify at the next criminal court, at which an indict- 
ment for such offence can be found, that shall beheld in the county. 
And in such case, if the party charged with any such offence be not 
in custody, the coroner shall have power to issue process for his ap- 
prehension, in the same manner as justicesof the peace. 
“ Sec. 10. The coroner issuing such process shall have the same 
power to examine the defendant as is possessed by a justice of the 
peace, a d shall in all respects proceed in like manner. 
“ Sec. 11. The testimony of all witnesses examined before a 
coroner’s jury shall be reduced to writing by the coroner, and shall 
be returned by him, together with the inquisition of the jury, and 
all recognizances and examinations taken by such coroner, to the 
next criminal court of record that shall be held in the county. 
‘‘Sec. 12. In case of the absence of the coroners of the city and 
county of New York, or their inability to attend, from sickness or 
any other cause, at any time, any alderman or special justice of the 
city may perform, during such absence or inability, any duty apper- 
taining to the coroners of the said city, under this article; and such 192 
CORONER’S OFFICE, SHOULD IT BE ABOLISHED? 
alderman or justice shall possess the like authority, and be subject 
to the like obligations and penalties as the said coroners. [As modi- 
fied , Laws of 1852, ch. 289.] 
“Sec. 13. The coroners of the several counties in this State are 
hereby required to deliver over to the treasurer of their respective 
counties,all moneys and other valuable things which have been or may 
hereafter be found with or upon the bodies of persons on whom in- 
quests have been or may hereafter be held, and which shall not have 
been claimed by the legal representatives of such person or persons, 
within sixty days after this act becomes a law, in cases of inquests 
heretofore held; and in cases which may hereafter arise, within sixty 
days after the holding of any such inquest; and in default thereof, 
the said treasurer shall be authorized and required to institute the 
necessary proceedings to compel such delivery. [Laws of 1842, 
ch. 155, § 1.] 
“Sec. 14. The several treasurers to whom any such valuable 
thing shall be delivered, pursuant to the provisions of this act, shall, 
as soon thereafter as may be, convert the same into money, and 
place the same to the credit of the county of which he is treasurer; 
and if demanded, within six years thereafter, by the legal represent- 
atives of the person on whom the same was found, the said treasurer, 
after deducting the expenses incurred by the coroner, and all other 
expenses of the county in relation to the same matter, shall pay the 
balance thereof to such legal representatives. [Same ch., § 2.] 
“ Sec. 15. Before auditing and allowing the accounts of such 
coroners, the supervisors of the county shall require from them, re- 
spectively, a statement in writing containing an inventory of all 
money and other valuable things found with or upon all persons on 
whom inquests shall have been held, and the manner in which the 
same has been disposed of, verified by the oath or affirmation of the 
coroner making the same, that such statement is in all respects just 
and true, and that the money and other articles mentioned therein 
have been delivered to the treasurer of the county, or to the legal 
representatives of such person or persons. [Laws of 1842, ch. 155, 
§3 ] 
“ Sec. 16. The said coroners shall be entitled to receive a reas- 
onable compensation for making and rendering such statement, and 
for their trouble and services in the preservation and delivery of 
said effects and property, as hereinbefore provided ; and all reason- 
able expenses incurred by them in relation thereto, to be audited 
by the board of supervisors, in addition to the fees or compensation., 
to be allowed by them for holding an inquest.’’ [Same ch. § 4.] coroner’s office, should it be abolished ? 
193 
The special acts relating to the city of New York are 
as follows: 
By Laws of 1871, chapter 462, it was enacted as follow: 
“ Section 1. Hereafter when in the city and county of New York, 
any person shall die from criminal violence, or by a casualty, or 
suddenly when in apparent health, or when unattended by a physi- 
cian, or in prison, or in any suspicious or unusual manner, the cor- 
oner shall subpoena a properly qualified physician, who shall view 
the body of such deceased person externally or make an autopsy 
thereon as may be required. The testimony of such physician and 
that of any other witnesses that the coroner may find necessary, shall 
constitute an inquest. For making said external examination the 
physician shall receive three dollars; for making such autopsy he 
6hall receive ten dollars, and such sums shall be a county charge, 
and be paid by the board of supervisors. 
“ Sec. 2. Should the coroner deem it necessary, he may call a 
jury to assist him in his investigation, or should any citizen demand 
that a jury be called, he shall proceed as directed by part four, title 
seven, article one, of the Revised Statutes. 
“Sec. 3. It shall be the duty of any citizen who may become 
aware of the death of a person who shall have died in the manner 
stated in section one of this act, to report such death forthwith to 
one of the coroners, or to any police officer, and such police officer 
shall, without delay, notify the coroner of such death; and any per- 
son who shall wilfully neglect or refuse to report such death to the 
coroner, shall, upon conviction, be adjudged guilty of a misde- 
meanor, and shall be punished by imprisonment in the county 
prison not exceeding one year, or by a fine not exceeding five hun- 
dred dollars, or by both such fine and imprisonment. 
“Sec. 4. Any person, except the coroner, who shall wilfully 
touch, remove, or disturb the body of any one who shall have died 
in the manner described in section one of this act, or who shall wil* 
fully touch, remove or disturb the clothing, or any article upon or 
near such body, without an order from the coroner, shall, upon 
conviction, be adjudged guilty of a misdemeanor, and shall be pun- 
ished by imprisonment in the county prison not exceeding one year, 
or by a fine not exceeding five hundred dollars, or by both such fine 
and imprisonment. 
“ Sec. 5. Any citizen of this State not over seventy years of age 
and being at the time a resident of the county, may be summoned to 
serve as a juror upon a coroner’s inquest; and any person who shall 
wilfully neglect or refuse to serve as such juror when duly sum- 194 
CORONER’S OFFICE, SHOULD IT BE ABOIJSHED ? 
■moned, shall, upon conviction, be adjudged guilty of a misde- 
meanor, and shall be punished by imprisonment in the county prison 
not exceeding one year, or by a tine not exceeding five hundred 
dollars, or by both such fine and imprisonment. 
“ Sec. 6. The board of coroners of the county of New York may 
appoint a clerk, who shall receive an annual salary of thirty-five 
hundred dollars per year, which shall be a county charge, and paya- 
ble as other county salaries are paid. 
“ Sec. 7. All acts or parts of acts inconsistent with the provis- 
ions of this act are hereby repealed. 
“Sec. 8. This act shall take effect immediately.” 
The previous compensation had been fixed by chapter 
565 of Laws of 168, as follows: 
“ Sec. 1. The Supervisors of the county of New York are hereby 
directed to audit the bills of the coroners of the city and county of 
New York for services as follows : For viewing each dead body and 
holding an inquest thereon, the sum of ten dollars; for summoning 
and swearing a jury in each inquest, five dollars; and all other fees 
or expenses now existing, whether by city or county usage, or by 
law, charged by said coroners, are hereby abolished. And no fees 
herein established shall be audited by said board of supervisors, or 
hereafter paid, except upon the sworn accounts filed with said board, 
with the comptroller of said city. 
“ Sec. 2. This act shall take effect immediately.” 
In 1873, Laws of 1873, chapter 833, the following act 
was passed, entitled “ An Act to Kegulate the Fees of 
Coroners 
“ Sec. 1. The coroners in and for the State of New York, except 
in the counties of New York and Kings, shall be entitled to and re- 
ceive the following compensation for services performed : 
“ Mileage to the place of inquest and return, ten cents per mile. 
“ Summoning and attendance upon jury, three dollars. 
“ Viewing body, five dollars. 
“ Service of subpoena, ten cents per mile traveled. 
“ Swearing each witness, fifteen cents. 
“ Drawing inquisition for jurors to sign, one dollar. 
“ Copying inquisition for record, per folio, twenty-five cents, but 
such officers shall receive pay for one copy only. coroner’s office, should it be abolished ? 
195 
For making aiul transmitting statement to board of supervisors, 
<each inquisition, fifty cents. 
“ For warrant of commitment, one dollar. 
“ For arrest and examination of offenders, fees shall be the same 
-as justices of the peace in like cases. 
“ When required to perform the duties of sheriff', shall be entitled 
to and receive the same fees as sheriffs for the performance of like 
duties. 
Shall be reimbursed for all moneys paid out actually and neces- 
sarily by him in the discharge of official duties. 
“Shall receive for each and every day and fractional parts 
thereof spent in taking inquisition (except for one day’s service), 
three dollars. 
“For performing the requirements of law in regard to wrecked 
vessels, shall receive three dollars per day and fractional parts 
thereof, and a reasonable compensation for all official acts performed, 
and mileage to and from such wrecked vessel, ten cents per mile. 
“For taking ante-mortem statement shall be entitled to the same 
rates of mileage as before mentioned, and three dollai's per day and 
fractional parts thereof, and for taking deposition of injured person 
in extremis, one dollar. 
“Sec. 2. A coroner shall have power, when necessary, to employ 
not more than two competent surgeons to make post-mortem exam- 
inations and dissections and to testify to same, and to fix their com- 
pensation, the same to be a county charge. 
“Sec. 3. Whenever, in consequence of the performance of his 
official duties, a coroner becomes a witness, he shall be entitled to 
receive mileage to and from his place of residence, ten cents per 
mile, and three dollars per day for each day or fractional parts 
thereof actually detained as such witness. 
“Sec. 4. All items of coroners’ compensation shall be a county 
charge, to be audited and allowed by board of supervisors. 
“ Sec. 5. All acts and parts of acts inconsistent with this act are 
hereby repealed. 
“Sec. 6. This act shall take effect immediately.” 
This act was amended the next year, Laws of 1874, 
chapter 535, by the passage of the following amend- 
ment: 
“Sec. 1. The thirteenth paragraph of section one, chapter eight 
hundred and seventy-three, entitled ‘An Act to Regulate the Fees 
of Coroners, is hereby amended by adding thereto the words, ‘ as 196 
coroner’s office, should it be abolished ? 
shall be allowed by the board of supervisors,’ so that said paragraph 
shall be read as follows: 
“ ‘ Shall be reimbursed for all moneys paid out, actually and neces- 
sarily by him in the discharge of official duties as shall be allowed 
by the board of supervisors. 
“ Sec. 2. Section two of said act is hereby amended so as to read 
as follows: 
“ Sec. 2. A coroner shall have power, when necessary, to em- 
ploy not more than two surgeons to make post-mortem examinations 
and dissections, and to testify to the same, the compensation there- 
for to be a county charge. 
“ Sec. 3. Section three of said act is hereby amended so as ta 
read as follows: 
“Sec. 3, Whenever, in consequence of the performance of his 
official duties, a coroner becomes a witness in a criminal proceeding, 
he shall be entitled to receive mileage to and from his place of 
residence, ten cents per mile, and three dollars per day for each day, 
or fractional parts therof, actually detained as such witness.” 
An act was passed in 1873, referring to the practice in 
the city of New York, chapter 620, Laws of 1875, with 
the following provisions : 
“Sec. 1. It shall he lawful for the several coroners in and for 
the city and county of New York, with the written consent first 
had and obtained of the district attorney and a justice of the su- 
preme court within said city and county, to employ any scientific 
expert, engineer, or toxicologist to examine the body of any person 
■who shall have died from alleged criminal violence, or by casualty, 
or in any suspicious or unusual manner, and as to the cause of 
whose death the coroner shall have jurisdiction to inquire. 
“ Sec. 2. Upon the certificate of such employment by a coroner, 
with the written consent of the district attorney and a justice of the 
supreme court, as aforesaid, being filed with the comptroller of said 
city and county of New York, such scientific expert, engineer, or 
toxicologist shall be entitled to recover and receive as a proper 
claim against said city and county of New York just and reasonable 
compensation for his services rendered in the matter of such inquest 
upon the request of said coroner with such written consent as afore- 
said. Such just and reasonable compensation shall be ascertained 
and certified to by the district attorney, justice of the supreme 
court, and the comptroller of said city and county of New York; 
and in case such just and reasonable compensation shall not be so certi- coroner's office, should it be abolished ? 
197 
fied and paid, such scientific expert, engineer, or toxicologist shall be 
entitled to maintain his proper action therefor at law to recover the 
same. 
“ Sec. 3. It shall be the duty of said board of estimate and ap- 
portionment of the said city and county of New York, to provide 
in each and every year, out of the moneys raised by taxation, all 
necessary sum or sums of money for the purpose of carrying the 
provisions of this act into effect, and also for paying all such sum 
nr sums as are provided for by the following section of this act. 
“ Sec. 4. It shall be the duty of said board of estimate and ap- 
portionment to provide for the services of any of the classes of per- 
sons mentioned in the first section of this act, which have been ren- 
dered since the first day of January, one thousand eight hundred 
and seventy-two, in pursuance of the direction of any coroner of 
said city and county, such sum of money as the district attorney, 
justice of the supreme court, and comptroller, as aforesaid, or a ma- 
jority of them, may certify as just and reasonable; and in case of 
the refusal of the payment of the amount so certified, as aforesaid, 
by the officer whose duty it is to pay the same, the person rendering 
such services shall he entitled to maintain his action against said 
city and county of New York, or the mayor, aldermen and com- 
monalty thereof, or other proper officer thereof, to recover the just 
and full value of the services so rendered. 
“Sec. 5. All acts and parts of acts inconsistent herewith are 
hereby repealed. 
“Sec. 6. This act shall take effect immediately.” 
The law remained as before stated until the year 1878, 
when the following act was passed, entitled “ An Act 
Relating to the Coroners of the City of New York— 
Their Duties and Compensation,’’ chapter 256, Laws of 
1878: 
“Sec. 1. Each of the coroners of the county and city of New 
York, hereafter elected as provided by law, shall be paid in full sat- 
isfaction for his services a yearly salary of five thousand dollars, 
and shall be allowed for contingent expenses, including clerk and 
office hire, and all other incidental expenses, a sum not to exceed 
two thousand dollars per annum, which contingent and incidental 
expenses shall be audited and paid as the contingent and incidental 
expenses of other officers of the said city and county are audited and 198 
coroner’s office, should it be abolished? 
paid ; and said salary and allowance shall be in lieu of all his fees- 
or compensation heretofore a charge upon the county of New York, 
or the mayor, aldermen, and commonalty of the city of New York. 
“ Sec. 2. In all cases where the coroners of said city and county 
are authorized to issue a subpoena to a qualified physician to view 
the body of a person deceased, or make an autopsy thereon, as may 
be required, the subpoena of the coroner shall hereafter be issued 
only to one of the physicians appointed, as in this statute directed,, 
and it shall be the duty of the physician to whom such subpoena is so 
issued, to make the inspection and autopsy required, and to give 
evidence in relation thereto at the coroner's inquest. 
“Sec. 3. The board of coroners of the city of New York shall,, 
within five days after the passage of this act, by a writing filed in 
their office and published in the City Record, appoint four qualified 
physicians, who shall he residents in said city, to perform the duties 
in the preceding section specified, and shall be known as ‘ coroners’ 
physicians.’ Thereafter each coroner of said city elected as provided 
by law, shall, on assuming office, appoint successors to the physi- 
cians herein provided for. Any vacancy in the office of coroners 
physicians shall be filled by the board of coroners. The board of 
coroners, for cause, may remove the physicians appointed by them. 
“ Sec. 4. It shall be the duty of the hoard of estimate and ap- 
portionment of said city, from time to time, as it may determine, to 
fix the salary to be paid to the physicians appointed as in this statute 
directed for performing the duties herein provided. The salary to 
be paid to each of said physicians shall not in any one year exceed 
the sum of three thousand dollars. The salaries in this act provided 
for shall be paid monthly by the mayor, aldermen and commonalty 
of the city of New York. 
“Sec. 5. Each of said coroners heretofore elected shall attend to 
an equal or proportionate part of the cases in which a coroner is re- 
quired to act in said city and county; and after the thirty-first day 
of December, eighteen hundred and seventy-eight, there shall be 
paid to each of said coroners, during the remainder of his term of 
office, the fees or compensation now provided by law. 
“Sec. 6. So much of section one of chapter four hundred and 
seventy-one, as provides ‘for making said external examination, 
the physician shall receive three dollars; for making such autopsy 
he shall receive ten dollars ; and such sum shall he a county charges 
and paid by the board of supervisors, is hereby repealed. The act, 
chapter five hundred and sixty-five of the laws of eighteen hundred 
and sixty-eight, entitled ‘ An Act to Fix the Compensation of the CORONER’S OFFICE, SHOULD IT BE ABOLISHED ? 
199 
Coroners of the City and County of New York,’ passed May four, 
eighteen hundred and sixty-eight, is also hereby repealed, hut such 
repeal shall not take effect until the first day of January, eighteen 
hundred and eighty. 
“ Sec. 7. This act shall take effect immediately, except as herein 
otherwise specially provided.” 
At the same session, the Laws of 1873 were amended 
as follows (chapter 286, page 382): 
“Sec. 1. Chapter eight hundred and thirty-three of the laws of 
eighteen hundred and seventy-three, entitled ‘ An Act to Regulate 
the Fees of Coroners,’ is hereby amended by the insertion of a new 
ection immediately after the third section, as follows: 
“ Sec, 4. The fees of jurors necessarily summoned upon any cor- 
oner's inquest shall be not to exceed one dollar for each day’s service, 
shall be a county charge, and shall be audited and alloAved by the 
board of supervisors in the same manner as other fees and charges 
mentioned in this act. But the coroner holding such inquest and 
summoning said jurors shall make report to the next succeeding 
board of supervisors after every such inquest of the names of such 
jurors and the term of service of each, and upon what inquest ren- 
dered, on or before the third day of the annual session in each year. 
“ Sec. 2. Sections four, five and six of said act are hereby num- 
bered respectively, sections five, six and seven. 
“ Sec. 3. This act shall take effect immediately.” 
The foregoing is a resume of the existing statutes and 
laws of this State, in force as well as in the State at 
large, as also those in force in the city and county of 
New York. 
Special legislation for Kings and Erie, and some other 
counties of the State, has been passed, but nothing of 
particular interest to the question under discussion. 
These and other considerations which have occurred to 
you as medical men, of the workings of the present cor- 
oners’ system under your eyes in the various sections of 200 
coroner’s office, should it be abolished? 
the State where you reside, must have long ago decided 
you that a change in the present system of coroner was 
an urgent necessity. 
The medical profession owes a duty to itself in this 
matter. 
It should for itself, and for the sake of placing such 
cases in proper hands, aid this movement. 
If competent medical men can be placed by law in 
charge of such cases, an important, forward step will be 
taken both for your profession and for the public weal. 
The influence of the State Medical Society of Massa- 
chusetts was enormous in influencing the legislature of 
that State to abolish the office of Coroner and to put in 
his place the Medical Examiner. 
Tne State Medical Society of New York occupies the 
same proud position in the Empire State. 
I ask you to endorse this movement with your unani- 
mous vote. Let the effort when it goes to the legisla- 
ture have your hearty endorsement, not alone, but let 
the medical profession throughout the State rally to a 
movement so intimately connected with its honor and 
its future. 
I must not close without extending my thanks to the 
officers of the Massachusetts Medico-Legal Society, Mr. 
Theodore H. Tyndale ; Mr. Fred. R. Coudert, Mr. J. P. 
Beder, Mr. B. Roelker, of our Bar; the Consuls-General 
of Germany, Russia, Italy, Greece and Spain ; for cour- 
tesies and information in the investigation of this] sub- 
ject. 
I have the honor, gentlemen, to ask your considera- 
tion of resolutions favoring and urging this important 
reform upon the State Legislature. coroner’s office, should it be abolished^ 
201 
Note.—At the February Session of the New York 
State Medical Society, (1881) the following action was 
taken: 
The Committee on Legislation reported that having conferred 
with Mr. Clark Bell, they recommend the adoption of the following 
resolution : 
Resolved, That in the opinion of this Society it is desirable for the 
Legislature to thoroughly amend and revise the laws of this State in 
regard to the office and duties of Coroners, and the Society would 
recommend for their consideration the recent statute adopted hy the 
State of Massachusetts. [Substituting medical examiners for coro- 
ners.] 
The report of the Committee was accepted and the resolution 
unanimously adopted. 
The Committee on Legislation also offered the following : 
Resolved, That the thanks of the Society are due to the Medico- 
Legal Society of New York, and to Clark Bell, Esq., for the action 
they have taken iu reference to the matter of Coroner’s law. 
This resolution was unanimously adopted. APPENDIX ELEVENTH INAUGURAL ADDRESS* 
Clark Bell, Esq. 
OF 
PRESIDENT OF THE MEDICO LEGAL SOCIETY. 
Fellows of the Medico-Legal Society : 
A review of the labors of the year just closed in accord 
with our usual custom cannot fail to be of interest. 
MEMBERSHIP. 
At the commencement of 1890 we had on our roll of 
members 527 Active, 204 Corresponding and 12 Honor- 
ary, or a total of 743 names. 
During the year we have elected 62 Active, 121 Cor 
responding and one Honorary member. We have lost 
by death, Active, 6 ; Corresponding, 2 ; a total of 8 
names. We have dropped from the roll for non- 
payment of dues 56 names and have accepted 3 re- 
signations. Leaving our membership on January 1, 
1891, as follows : Active, 527 ; Corresponding, 323 ; 
Honorary, 13. A total of 863 names over and above all 
deaths and resignations, and exclusive of 56 names 
dropped from our published roll, who although still 
members of the body are suspended from its privileges 
until their arrears are paid, and which including these- 
would make 919 names. 
The full list of the Active and Corresponding members 
appears in the December number of The Medico-Legal. 
Journal, except those temporarily suspended for non- 
payment of dues. 
January 14, 1891. IV 
ELEVENTH INAUGURAL ADDRESS. 
NECROLOGY. 
The following members have died during the year : 
Hon. Philip J. Joacliimsen, late Judge of the City 
Court of New York ; Thomas C. Finnell, M. D., of New 
York, an ex-President of the Medico-Legal Society ; 
Daniel L. Gibbens, Esq., of the New York Bar; E. J. 
Kilbourne, M.D., Superintendent Illinois State Hospital 
for Insane at Elgin, 111., an able and distinguished man ; 
Prof. Dr. Max Leidesdorf, of Vienna, an eminent Aus- 
trian Scientist; Dr. John S. Butler, one of the elder 
American Alienists of Distinction, of Hartford, Conn.; 
E. H. Grandin, Esq., of the Bar of New York City ; 
Benjamin F. Peixotto, Esq., of the Bar of New York 
City; Edwin Chadwick, M. B., the celebrated Sanitary 
Authority of London, one of our corresponding mem- 
bers. 
THE WORK OF THE YEAR. 
The following papers have been read before the So- 
ciety during the year: 
“ The Inaugural Address of the President, Clark Bell, 
Esq,” pronounced January, 1890; “ Delirium Tremens as 
a Defense to Criminality,” by T. Crisp Poole, Esq., 
Barrister at Law of Brisbane, Queensland ; “The Impor- 
tance of Distinguishing Between Somatic and Molecular 
Death,” by Prof. L. Harrison Mettler, of Philadelphia ; 
Letters on “Imbibition of Poisons,” by Prof. R. C. 
Kedzie, of Michigan, and Prof. F. C. Robinson, of 
Maine ; “Report of Committee on Sexual Causes of 
Crime,” by E. W. Chamberlain, Esq., Chairman ; 
“ Education vs. Criminality, etc.,” by Henry S. Drayton, 
M. D., of New York; “The Civilization of India,” by 
our delegate to the Orient, Prof. Edward Payson 
Thwing, M. D.; “ Osmosis of Strychnia through Organic 
Tissues,” by George B. Miller, M. D., of Philadelphia ; ELEVENTH INAUGURAL ADDRESS. 
V 
“ Electricity in its Medico-Legal Relations,” by Clark 
Bell, Esq., of New York; “The Treatment of the 
Acutely Insane in General Hospitals,” by W. P. Sprat- 
ling, M. D., Assistant Physician at New Jersey State 
Asylum, Morris Plains, N. J.; “Heredity, Criminality, 
etc., vs. Education, etc.,” by Mrs. Sophie McClelland, of 
New York. 
Debate upon the Assembly bill proposing “The Abo- 
lition of the Death Penalty ” in New York. 
Action on letter of the Secretary of Belgian Society 
of Mental Medicine, “Appointing a Committee on 
Classification of Mental Diseases.” 
Action approving the resolutions adopted at the Inter- 
national Congress of Medical Jurisprudence of June, 
1889, on recommendation to establish a chair of med- 
ical jurisprudence in all law and medical schools and in 
all American colleges where law and medicine were 
taught. 
Action on letter from Prof. James, of Harvard, re- 
garding psychical research. “ Epilepsy as a Defense to 
Crime,” Part I. By Prof. J. J. El well, of Ohio. Same 
subject in letters and short papers by : 
John P. Stearns, M. D., Supt. etc., of Hartford, Conn.; 
Dr. Orpheus Everts, Supt. College Hill Sanitarium, Ohio; 
Dr. J. Strong, Supt. Insane Asylum, Cleveland, Ohio ; 
Walter Channing, M. D., Supt. Asylum, Brookline, Mass.; 
“ The Proper Disposition of Insane Criminals,” by 
Prof. Archibald Church, of Chicago, 111.; “The Legal 
Test of Lunacy,” by A. Wood Renton, Esq., of London. 
“The Same Subject,” by Judge A. L. Palmer, of the Su- 
preme Court of New Brunswick ; “ Report of the Dele- 
gates to the International Congress of Berlin,” by Rob- 
ert Newman, M. D.; “ Report of the Delegates to the In- 
ternational Union of Criminal Law,” held at Berne, Swit- VI 
ELEVENTH INAUGURAL ADDRESS. 
zerland, by Dr. Emily Kempin; The True Test of Legal 
Responsibility of the Insane,” by Judge H. M. Somerville, 
late of the Supreme Court of Alabama ; “ Moral Insan- 
ity,” By W. P. Spratling, M. D., Assistant Physician 
New Jersey State Asylum, Morris Plains; “Hypno- 
tism,” by Wm. M. Palmer, M. D., of Providence, R. I.; 
“ Epilepsy as a Defense in Criminal Cases.” Part 2d. 
By Prof. John J. El well, of Ohio ; “ Sudden and Unex- 
pected Death,” by George D. Wilcox, M. D., ex-President 
Rhode Island Medico-Legal Society of Providence, R. I. 
The report of standing committees submitted here- 
with concluded the labors of the year 1890, though not 
made until the January meeting of 1891, viz : 
(a) Tne Report of the Committee on Reorganization of 
the Morgue in the City of New York ; (b) The Report of 
the Committee on Hypnotism; (c) The Report of the 
Committee on National and State Chemists, to act as 
Toxicological Experts in criminal trials at call of the 
people or the accused. 
A brief notice of the other labors of the body may be 
made: 
1. The first volume of Prize Essays contributed on the 
Elliott F. Shepard prize has been completed and is ready 
for delivery to subscribers. 
2. The fourth and fifth series of Medico Legal papers 
have been more than half printed and are progressing, 
continuing the publication of the early papers of the So- 
ciety from volume third, already issued, and the papers 
of the International Medico-Legal Congress of June, 
1889, in part. 
3. The Bulletin of the International Medico-Legal 
Congress is now nearly completed, a work of over 400 
pp., and will be shortly issued to the members of that 
Congress, and the subscribers who are members of this ELEVENTH INAUGURAL ADDRESS. 
VII 
society. This has been an expensive work, and its bur 
den has fallen heavily upon a few members of the 
society. 
When completed it will form a notable contribution 
to the Medico-Legal Literature of the World. Members 
of the Society who have not already done so should re- 
mit $3.00 to pay the expense of the volume and enroll 
in the International Congress of Medical Jurisprudence 
for the Session of 1892. 
4. The work of nationalizing the Society has gone 
forward with wonderful success. 
The Vice-Presidents of the Society elected at the De- 
cember annual meeting from the various States and 
Territories of the Union and from foreign countries will 
best illustrate the scope and character of the labor in 
this regard. 
6. The extension of the membership has been in every 
way remarkable as well in the active as in the corre- 
sponding list. It has been most conspicuous, perhaps, on 
the legal and judicial side. 
I submit a partial list of eminent names, who are now 
co-operating in our labors, admitted during the year 
1890—active and corresponding. 
ACTIVE. 
E. A. Snow, Esq., Albert T. Graeffe, Esq.,T. M. Thorn- 
dyke, M. D., H. C. Underhill, Esq., Franklin Pierce, Esq., 
Prof. T. P. Eskridge, M. I)., Hon. E. T. Tallaferrio, Jas. 
T. Green, M. D., Judge Elisha Carpenter, Judge James 
H. Peters, Robert Funkhouser, M. D., Wilson McDonald, 
Esq., E. Morgan, Jr., M. D., Richard A. Springs, Esq., 
Daniel L. Gibbens, Esq., Schuyler S Wheeler, Esq., Wm. 
Maver, Jr., Esq., Abraham Nelson, Esq., M. J. White, 
M. I)., H. 0. Jewett, M. D., Willard C. Humphreys, Esq.' VIII 
ELEVENTH INAUGURAL ADDRESS. 
George F. Keene, M. D., Appleton Morgan, Esq., F. T. 
Payne, M. D., Hon. W. L. Burnap, Editor J. N. Love, 
M. D., Frank P. Norbury, M. D., H. B. Hill, M. D., 
E. H. Hotchkiss, Esq., Amos C. Lewis, M. D., Edward 
Pierce, M. D., D. Young, M. D., Robert Newman, M. D., 
Judge A. Alinge, James H. McBride, M. D., R. B. Du- 
pree, M. D., Hon. George W. Taylor, J. T.Wilson, M.D., 
R. M. Suearingen, M. D., Hon. Seth Shepard, Louis 
Leon, M. D., Judge Albert H. Horton, Franklin R. Haines, 
Esq, R. P. Talley, M. D., Hume Williams, Esq., F. M. 
Hood, M. D., Chancellor Henry A. Gibson, Walter S. 
Fleming, M. D., L. C. Mial, M. D., D. A. Gorton, M. D., 
W. R. Smith, Esq,, Professor, etc., Nicholas Senn, M.D., 
M. H. Fisk, M. D., Prof. James W. Putnam, Judge Thos. 
W. Coleman, Judge Thos. McClellan, E. Webster Davis, 
M. D., James M. Brady, Esq., M. Etna Worden, M. D., 
J. J. Scott, M. D., A. C. Smith, M. D., E. L. Macomb 
Bristol, M. D., N. W. Lynde, M. D., Dr. Simon Fitch 
Nova Scotia. 
CORRESPONDING. 
M. Hemar, ex-President, Med. Leg. Society, Dr. G. 
Luys, Paul Berillon, Dr. Paul Garnier, Prof. Ozier, M. 
Daned, Advocate, M. Bornaston, Dr. Giraud, Dr. Le Blond, 
Judge Adolphe Guillote, Dr. Paul Richer, France; Dr. Vic- 
ente de la Gardia, Dr. Jose I. Toralbas, Dr. Nicholas Gu- 
tierrez, Dr. Jose M. Carbonell, Dr. Venancio Zorilla, Ldo> 
Antonio Govirs, Dr. Leopold Berriels, Y. Fernandez, Dr. 
Francisco de los S. Guzman, Ldo Pedro Gonzales Llor- 
enta, Cuba, Prof. Stienon, Dr. Thiey, Prof. Crim. Law, 
Prof. Camille Moreau, William C. Blanc, M. D., Belgium; 
Prof. Dr. August Forel, Prof. Dr. K. von Lilienthal, 
Prof. Dr. Carl Stoos, Judge Gustave Correvon, Dr. 
Prof. F. Meilli, Dr. Prof. Alfred Gautier, Judge Emil 
Zurcher, Prof. X. Gretener, Dr. Picott, Judge, Prof. ELEVENTH INAUGURAL ADDRESS. 
IX 
George Favey, Switzerland ; J. G. Patijin, Advocate, 
J. G. C. P. Vrythoff, Prof. G. A. Van Hamel, A. 0. H. 
Tellegen, M. D., Dr. J. van Deventer, Dr. G. Jel- 
gersma, I. D. Fransen van de Puttc, Minister of the 
Colonies, P. E. Hubrect, Secy. General, Dr. A. H. van 
Andel, D. A. Hertz, Prof. Dr. C. N. Kuhn, Dr. S. Doedes 
Breuning, Dr. S. J. Halbertsma, Dr. G. J. C. J. Schouten, 
Holland; Dr. Antonio, Henrigues de Silva, Hon. J. J. 
Tavario, Portugal; Hon. Prof. M. A. Wulfert, Russia; 
Prof. Dr. C. Goss, Denmark; Hon. Pierre Ivan Daut- 
schoff, Hon. George Zgoueroff, Alexander Djakovitsch, 
Bulgaria; Director A. Grotenfelt, Findland; Erster 
Staatsanwalt Schwarz, Germany; Dr. Jur. Jehan Berg, 
Dr. Jur. Harald Smedal, Norway; Dr. A. 0. Winroth, 
Dr. A. E. W. Upperstorm, Sweden;Geo. A. Nenadviotch, 
Editor, Hon. Panta J. Savitch, Servia; Prof. Dr. Jero- 
nimio Vida, Spain; Dr. Hugo Beck, Emerich V. Havas, 
Budapest; Barone Garofalo, Dr. Fernando Puglia, Dr. 
Guglielmo Canterano, Dr. G. Andriani, Dr. R. Collella, 
Italy; Tonza Kawa Moto, M. D., Kanchiro Takaki, F. 
R. C. S., Dr. Kensai Ikeda, Tsunatsune Hashimoto M. D., 
Japan; Hon. L. E. Bleckley, Chief Justice, Ga.; Hon. R. 
D. Ray, Chief Justice, Mo.; Hon. John A. Peters, Chief 
Justice, Maine; Hon. George P. Raney, Chief Justice, 
Fla.; Hon. Willis Van Deventer, Chief Justice, Wyoming; 
Hon. Guy C. A. Corliss, Chief Justice, N. Dakota; Hon. C. 
J. Stone, Chief Justice, Ala.; Hon. C. A. Thayer, ex- 
Chief Justice, Oregon; Hon. D. Follett, Presiding Justice, 
Court of Appeals, New York; Hon. John W. Stay ton, 
Chief Justice, Texas, Hon. Thomas H. Woods, Chief 
Justice, Miss.; Hon. Henry A. Blake, Montana; Charles 
Mercier, M. B , London; Dr. Richard J. Dunglison, Phila. 
Pa.; Hon. Charles B. Andrews, Chief Justice, Conn. X 
eleventh inaugural address. 
Frederic Bateman, M.D., Norwich, England; Prof. 
Caesar Lombroso, Italy; Havelock Ellis, M.D., London, 
England; Prof. Matthias Duval, Director of the Labora- 
tory of Anthropology Paris, France ; Prof. Bernheim, 
Nancy, France ; Prof. Liegeois, Nancy, France ; Prof. 
Beaunis,"Nancy, France ; Judge Walter Clark, Supreme 
Court, Raleigh, N. Carolina; Chief Justice A. C. Snyder, 
West Virginia; Chief Justice Joseph L. Lewis, Kentucky; 
Chief4Justice Joseph Given, Iowa; Chief Justice W. H. 
Bitty, California; Chief Justice J. C. Helm, Colorado; 
Judge Byron;K. Elliot, Supreme Court of Indiana; Judge 
Wm. E, Beck, ex-Chief-Justice of Colorado ; Judge E. 
W. Seymour, Supreme Court of Connecticut; Judge A. 
E. Maxwell, ex-Chief Justice of Florida; Judge H. L. 
Mitchel, Supreme Court of Florida; Judge M. A. Bland- 
ford, Supreme Court of Georgia ; Judge Thomas J. 
Simmons, Supreme Court of Georgia; H. W. McLaugh- 
lin, Denver, Colorado, Prof. Kemp P. Battle, Univer- 
sity of North Carolina; Chas. Edgworth Jones, Esq., 
Augusta, Georgia. 
PORTRAITS. 
5. The publication of groups of portraits of Legal, 
Judicial and Scientific members of the body and the In- 
ternational Congress has excited great interest in the 
Society and among its cotemporaries home and abroad. 
It will be continued during the year to come and will 
also embrace the Judiciary of North America under the 
auspices of The Medico-Legal Journal. 
FINANCES. 
The total receipts of the Treasurer for the year 1890, 
as reported by that officer, were $1,121.66, and the total 
disbursements as near as lean ascertain them, $1,040.76. 
Leaving a large amount unpaid dues in arrears due 
from members. ELEVENTH INAUGURAL ADDRESS. 
XI 
THE PROGRESS OF THE SCIENCE. 
The Science of Medical Jurisprudence is steadily and 
rapidly advancing. The Medical profession have been 
more awake to its importance and value in the past 
than the Legal. 
This is now changing. Men of eminence, both upon 
the Bench and at the Bar, are recognizing its true re- 
lation to the Bar. 
The study of the science progresses, and has been 
stimulated greatly by the labors and influence of this 
body and in other auxiliary associations : 
1. The Medical Jurisprudence Society of Philadelphia 
is in a most flourishing condition. Its officers are : 
President, Henry Leffman, M. D.; 1st Vice-President, 
J. Levering Jones; 2d Vice-President, J. Hendric Lloyd, 
M. D.; Secretary, Francis X. Dercum ; Treasurer, Pas- 
chal H. Coggins; Recorder, Milton Bradfield, M. D. 
It has a large membership, and original papers are read 
monthly at its sessions. 
2. The Medico-Legal Society of Chicago has made 
great progress and is doing good work. Its officers are : 
President, Dr. E. J. Doering; Vice-Presidents, Dr. B. 
Bettman, Judge 0. H. Horton; Secretary, Dr. Ed. B. 
Weston ; Treasurer, Dr. L. L. Mac Arthur. 
13. The Medico-Legal Society of Denver, Colorado, has 
been formally organized. Its officers are as follows : 
President, Judge Geo. Allen; Vice-President, Dr. J. 
W. Graham; Secretary, Dr. II. W. McLanthlin ; Treas- 
urer Mr. William Clark ; Board of Directors, Dr. J. T. 
Eskrid ge, Chairman, Dr. H. W. McLaughlin, Judge E. 
O. Le Fevre. 
4. The Medical Examiners of the State of Massachu- 
setts, under the new law abolishing the office of coro- 
ner, organized a society called the Medico-Legal Society 
of Massachusetts. XII 
ELEVENTH INAUGURAL ADDRESS. 
While lawyers or chemists, as such, are not eligible to- 
membership, this society has by its labors contributed 
very important and most valuable contributions to fo- 
rensic medicine. 
The Medico-Legal Society of Rhode Island is organ- 
ized in the same manner and upon the same lines as that 
of Massachusetts, and it is doing a like work. Its 
officers are : 
President, J. Howard Morgan. M. D., of Westerly 
Vice-President, C. A. Barnard, M. D., of Centredale; 
Secretary and Treasurer, H. Goodwin MacKaye, M. D.r 
of Newport; Censors (one for each county), G. D. Wil- 
cox, M. D., Providence County ; J. Winsor, M. D., Kent 
County ; G. L. Church, M. D., Bristol County ; P. K. 
Taylor, M. D., Washington County; H. Goodwin Mac- 
Kaye, M. D., Newport County. 
The annual meeting and election of officers is held the 
third Thursday in July. 
All meetings are held in Providence. 
The only paper read before the Society in 1890 was by 
P. K. Taylor, M. D., and was entitled 4< Some Desirable 
Changes in the Medical Examiner Law.’’ This was read 
at the meeting held April 17th. 
6. A movement is on foot to organize a similar society 
for Wisconsin, in the city of Milwaukee. 
It will be thus seen that in America much greater in- 
terest is felt in the science than in other countries at the 
present time. 
7 The International Congress of Medical Jurispru- 
dence organized in this city in June, 1889, for a second 
session in 1892, continues to attract attention, especially 
in foreign countries. 
The following correspondence between your chair- 
man and Mr. Secretary Blaine illustrates the sympathy XIII 
ELEVENTH INAUGURAL ADDRESS. 
felt by the Government of the United States for the 
success of the movement, and has been greatly instru- 
mental in interesting eminent men of science in foreign 
countries to operate in the work. 
Office of the President of the Medico- 1 
Legal Society of New York, No. 57 V 
Broadway, N. Y., March 31st, 1890. ) 
Hon. James G. Blaine, Secretary of State, Washington, D. V. 
Dear Sir.—I have the honor to enclose a circular we are sending in the 
English, French, German and Spanish languages, to the various countries 
of the world, asking co-operation with the International Medico-Legal Con- 
gress, which will be held in 1892 in this country. 
Its first session was held in June, 1889, of which I send the preliminary 
transactions and roll of delegates. 
The French circular enclosed shows the officers at this moment, and as 
Vice-Presidents for the various countries are announced, they will be added 
to those already appointed. Inspection of the names of the eminent men, 
who have already lent their names to this project, emboldens me to request 
the countenance of the American Government, to this movement in aid of 
this science. 
Among foreign peoples, the knowledge of the approval of the Home 
Government, is of vast consequence to the success of scientific endeavor. 
The aid, lent by the French Government, to the Scientific Congresses in 
Paris last year, gave an enormous impetus and importance, to that wonder- 
ful success, which added new lustre to the glory of France. 
We do not desire any pecuniary assistance from the Government of the 
United States. 
The letters you so kindly sent me last summer were of enormous value to 
me, in interesting eminent men of science, in the countries of Europe in the 
movement. 
Such a letter of sympathy, with the objects and purposes of our present 
endeavor, as you can give, will I think be of great value, and will in many 
countries, especially the Spanish speaking countries on this continent, be of 
commanding importance. 
I am, sir, with high personal regard, 
V ery faithfully yours, 
Clark Bell. 
Department of State, Washington, ) 
April 17, 1890. [ 
Clark Bell, Esq., President of the Medico-Legal Society, No. 57 Broadway, 
New York City. 
Dear Sir,—I have received your letter of the 31st. ultimo, enclosing 
copies of circulars which you are sending to the various countries of the 
world, inviting co-operation for the Congress, which will be convened in 
1892 in the United States, for the discussion of medical jurisprudence. 
The importance of such a gathering as you propose canuot, it would 
seem, be overestimated. The intelligent discussion of scientific questions, 
especially those which so closely affect the human family, by a body of 
gentlemen learned in medico-legal science, must prove of especial value, 
and should be worthy of every effort, which has for its mission the amel- 
ioration of the condition of mankind. 
My individual sympathy in the objects and purposes of your conference 
is very great, and I trust that the results of such a meeting as you propose 
may correspond, to the aims you have in view, as I have no doubt they will. 
I am, dear sir, very truly yours, 
James G. Blaine. XIV 
ELEVENTH INAUGURAL ADDRESS. 
The following gentlemen have already given their 
promise to contribute papers to that congress : 
Prof. Dr. Paul Kowalewsky, of Kharkoff, Russia; 
Prof. Dr. Mierzezewski, St. Petersburg, Russia ; Dr. 
Chas. H. Hughes, St. Louis, Mo.; Dr. Daniel Clark, To- 
ronto, Canada; Dr. Thomas G. Morton, Philadelphia, 
Pa.; Dr. Jules Morel, Ghent, Belgium ; Clark Bell, Esq., 
New York City ; A. Wood Renton, Esq., London, Eng- 
land ; Judge H. M. Somerville, of Alabama ; Prof. Mar- 
shall D. Ewell, of Chicago ; Dr. S. V. Clevenger, of Chi- 
cago ; Dr. Edward Payson Thwing of, N. Y. ; Dr. Henry 
Leffman, of Philadelphia; Moritz Ellinger, Esq., of N. Y. 
I submit herewith a circular letter, which has been 
sent and will be sent to men of science in foreign coun- 
tries, which has already been printed by this Society in 
the English, French, German and Spanish languages for 
use in foreign countries, together with a list in part of 
the present enrolled members of that Congress and its 
officers, to illustrate the importance and significance of 
its labor, and the relation it bears to the promotion and 
growth of Medical Jurisprudence, in our era of the 
world’s civilization, and I call on all students of the 
science in all countries to co-operate in this important 
movement. 
I will thank the Vice-Presidents to forward to me the 
title of the papers, they will submit or that have been 
or will be contributed from each country. 
FOREIGN. 
The interest abroad during the past year has been 
evinced more in the acquisition of members in the Active 
and Corresponding list. In no country, however, has 
there been so much progress as our own. 
I have not been made aware of the organization of 
any new Medico-Legal Society in any foreign country, ELEVENTH INAUGURAL ADDRESS. 
XV 
though the subject is under consideration in Italy and 
other countries. 
'the Medico-Legal Society of France continues its 
work, the labor reaching the public in the columns of 
“ Annales de Hygiene et de Medicine Legale.” 
A perusal of the eminent names added to our Corre- 
sponding list will show the interest felt in foreign lauds 
and in the several States of the American Union in the 
work of the body. 
ELECTRICITY AND THE DEATH PENALTY IN NEW YORK. 
Only one capital execution has occurred in 1890 under 
the new statute. 
The details, as they were given to the public press, 
gave rise to severe criticism and animadversion against 
the law. 
The provisions of the statute restricting publications 
had antagonized many journals, and the witnesses of 
Kemlers execution, with few exceptions, mistook the 
muscular action frequently accompanying instantaneous 
death or seemed not to understand them, and an effort 
was made by the enemies of the law on the one-hand and 
the friends of the abolition of capital punishment on the 
other, to convey the impression that death was not in- 
stantaneous, and was accompanied by pain and suffering. 
Nothing, however, was farther from the truth. The 
death was unaccompanied by any conscious pain, was 
instantaneous, and characterized by the usual phenomena 
resulting from decapitation, piercing the brain with 
a bullet, and kindred methods, and nothing more. 
Those best qualified to judge are positive that there 
was no consciousness after the instant that the current 
was applied. 
The constitutionality of the law has been twice passed 
upon by the Supreme Court of the United States and by XVI 
ELEVENTH INAUGURAL ADDRESS. 
the court of last resort in New York and its provisions 
sustained by these tribunals. 
Calmer and cooler judgment, is replacing the excite- 
ment aroused by the press, and there is no apparent 
likelihood of any change in the law, until the moment 
arrives when the death penalty for crime is abolished. 
CRIMINALITY AND CRIMINAL ANTHROPOLOGY. 
Recent investigations of careful writers on both sides 
the Atlantic have brought to the attention of jurists 
and publicists, the necessity of considering from the 
foundations, not so much our penal statutes, as the 
criminal himself, and the best methods to be pursued by 
society in dealing with him. 
The writings of Lombroso, of Ferri, and others of the 
Italian school, the work of the International Congress, 
both at Rome and later in Paris in 1889, the array of 
eminent men who have taken up this discussion in 
France, Germany, England and in our own country, has 
excited enormous interest throughout the scientific 
world. The International Union of Criminal Law, 
founded recently and holding its first public congress in 
Brussels in 1889, and its second congress at Berne, 
Switzerland, in August, 1890, present sharply defined, 
the magnitude and importance of the discussion now 
going on. 
The Medico-Legal Society named delegates to the 
congress at Berne, and one of these attended, and a 
report of that delegate has been made to the body. 
It has occurred to me, that the study of this subject 
could be better advanced by the organization of a sepa- 
rate section upon Criminality and Criminal Anthropol- 
ogy, whose labors could be conducted by a chairman, 
secretary and treasurer, and if needs be a special com- ELEVENTH INAUGURAL ADDRESS. 
XVII 
mittee who could act en rapport with the International 
Union of Penal Law directly and wholly upon the sub- 
jects involved. 
This section could be composed of such members of 
this society as desire to devote any attention to the 
study, and to all other persons, whether members of the 
society or not, who enrolled and paid an enrolling fee of 
$1.25 to co ver expenses of printing, postage, etc. 
Three members of the Union now reside in the United 
States, some of whom would take charge of the organi- 
zation, and their labors could be annually reported to 
this body, and to the International Union. 
If this recommendation meets with favor, the chair 
will name a provisional committee to take charge of the 
initiatory labor. 
THE MORGUE IN NEW YORK. 
It has been a source of surprise to scientists that we 
have not in the great metropolis of the nation taken 
steps to place the morgue on a proper scientific basis. 
This subject has been previously brought to the atten- 
tion of this body by me. A committee has considered 
the subject and makes a report at this meeting recom- 
mending that the morgue be reorganized and placed on 
a scientific basis, after the manner of the morgue in 
Paris and under the charge of the best scientific skill 
commensurate with the civilization of our day and the 
needs of the city. 
No greater name in medical and toxicological science 
exists in France than Brouardel, who as the head of the 
morgue made a seat and centre for toxicological and 
other germane studies that reflects the greatest honor 
upon France. 
We have men of the highest skill here who should oc- XVIII 
ELEVENTH INAUGURAL ADDRESS. 
copy a similar relation to the morgue in New York, and 
if the press the Academy of Medicine and other 
powerful organizations second our movement, this re- 
form should have speedy realization. 
NATIONAL AND STATE CHEMISTS. 
The committee having in charge this subject make a 
report favoring the appointment of a national chemist 
at the seat of Government, with a salary that would 
secure the highest and best S3rvice, and a fully equipped 
laboratory second to none in the world, and recommend 
that the services of this sworn public official should be 
at the call of both the people, and of all persons accused 
of crime, and on trial in the national tribunals. 
They also recommend similar action in the several 
states for the state tribunals. 
To state these reforms should alone enlist thoughtful 
minds, and all legislators to consider them with favor. 
The subject was laid before the American Chemical 
Society in a short paper by myself, at its recent session 
in Philadelphia on 31st December, 1890, and the aid of 
that organization invoked in the movement. 
No question of the hour excites more interest among 
scientific observers than this. 
The committee of this society have been too scattered 
to secure a general conference or session. 
Observations have been conducted by the several 
members. A preliminary report is now made to the 
society from that committee, defining the present status 
of the science or phenomena, and laying out a plan of 
conducting examinations on the undeveloped and doubt- 
ful problems. 
HYPNOTISM. ELEVENTH INAUGURAL ADDRESS. 
XIX 
The recent remarkable case of Ayraud and Bompard 
which have occupied the French tribunals bring into 
sharp relief the position taken by the School of Nancy 
and those scientists who hold that crime can be com- 
mitted unconsciously by suggestion, and the view of 
Brouardel, Motet, and others who deny these conclu- 
sions. 
This and other questions of this wonderful 
are well worth the attention of medical men and 
scientists, and will constitute an important field of the 
labor of the society in the present year. 
If sufficient interest is taken I should recommend 
the formation of a separate section for the study 
of this phenomena, open to non-members of the 
society at a nominal enrolling fee, under the charge 
of a chairman, secretary and treasurer of the section. 
Students of psychology will understand the public 
interest felt at the present moment in the interest- 
i ng studies new going forward on both sides the Atlan- 
tic. 
The communication of Prof. James, of Harvard, laid 
before the body shows the field of inquiry of that 
eminent psychologist. It is quite germane to our 
studies. 
It could be observed and studied by either a standing 
committee of the body, or by a section acting in co-opera- 
tion with other inquirers, as thought best. 1 commend 
it to the attention of this society, and if sufficient inter- 
est is taken will cheerfully co-operate in the labor, and 
to that end invite suggestions and correspondence from 
members or others who take an interest in this study. 
PSYCHICAL RESEARCH. XX 
ELEVENTH INAUGURAL ADDRESS. 
PRIZE ESSAYS. 
The award of the prize of 1889 and 1890, offered by 
myself and the society has not yet been made, owing 
to the difficulty of obtaining unaminous action and di- 
vergent views, in committee the difficulty of meeting 
and other circumstances have retarded action. 
A prize has been offered by the society of $100 for the 
best essay, and $50 for the second best, which will close 
on April 1, 1891, and to which it is hoped many will 
contribute. 
THR LIBRARY. 
It is a source of regret that our library is still house- 
less and homeless. It is to be hoped that provision \\ ill 
be made in the near future ior its care. 
Members should however feel under obligations to 
send one volume each year, to swell the number of its 
volumes, and a special committee, of which the 
librarian should be chairman, should be named, to ar- 
range some plan to bring its treasures where the mem- 
bers could see and use them. 
FINALLY. 
The path that lies before this body for the coming 
year is to complete and round up the work we 
have on hand, that which we have already under- 
taken. This will task all our energies and require all 
our resources, with thanks for a continuance of that 
support which has so greatly encouraged the chair and 
for a unanimity in our work, that is most significant 
and charming I invite you to continue in the labor 
that has so greatly crowned our efforts, during the year 
just closed. REPORT OF THE STANDING COMMITTEE ON 
NATIONAL AND STATE CHEMISTS. 
To the Medico-Legal Society—Gentlemen: 
The standing committee to whom was referred the 
recommendations of the President, Mr. Clark Bell, in his 
inaugural address to the society, pronounced January, 
1887, and subsequently renewed by him at various times, 
regarding the appointment of a national chemist by the 
Government of the United States, to be placed at the 
service of the Government and accused persons in all 
criminal trials, and for similar action in the States, beg 
leave to submit the following 
That we have carefully considered the matter in all 
its aspects, and the present methods of procuring suit- 
able chemical evidence in criminal trials, both in the 
State and national courts, and we recommend to the So- 
ciety the adoption of the following resolutions, which 
we recommend that the Society submit to the Congress 
of the United States and the State Legislatures. 
Resolved, That the creation of an official, to be known 
as the National Chemist, in the service of the Govern- 
ment, with a salary sufficient to command the highest 
available talent, and the establishment of a thoroughly 
equipped laboratory, which should be at the disposal of 
the Government or persons accused of crime, or of the 
State authorities, under suitable regulations, would be a 
measure that would reflect credit upon the nation, 
greatly assist the authorities in the administration of 
REPORT. XXII 
REPORT ON NATIONAL AND STATE CHEMISTS. 
justice, and elevate the character and standing of expert 
testimony in the courts. 
2. Resolved, That the best inteiests, of the people of 
the various States of the Union, would be greatly sub- 
served, by creating in each State an official to be known 
as the State Chemist, with sufficient salary to insure 
high skill in the discharge of official duty, and by estab- 
lishing a competent and thoroughly equipped chemical 
laboratory. 
That it be the duty of the State Chemist to act as well 
for the State and public authorities, as for all accused 
persons in all criminal trials, at the expense of the State. 
All of which is respectfully submitted. 
Dated New York, December, 1890. 
Victor C. Vaughan, Ph. D., 
Chairman. 
H. A. Mott, Jr., Ph. D., LL.D., 
Analytical Chemist. 
Geo. B. Miller, M. D., 
Clark Bell, 
President Medico-Legal Society, ex-officio. 
Note.—This Report was unanimously approved and adopted at the 
meeting of the Medico-Legal Society, held January 14, 1891. REPORT OF THE STANDING COMMITTEE ON 
THE MORGUE. 
To the Medico-Legal Society : 
The Committee to whom was referred the recommen- 
dations of the President, relative to the reorganization 
of the morgue in the city of New York, beg leave to 
submit the following 
REPORT. 
We have considered the subject as one entitled to be 
worthy the attention of the municipal authorities of the 
city, and are of the opinion that if the attention of Mayor 
Grant was called to the subject, and the pride of the 
civic authorities of the city aroused, important reforms 
would be speedily inaugurated. 
We submit that the basis of the proper organization 
of the morgue should be substantially that adopted in 
the city of Paris, France. 
The chief should be selected from one of the ablest 
physicians in the city, thoroughly informed on all ques- 
tions of pathology and toxicology, and his staff should 
be composed of specialists in every branch of scientific 
research, so as to be able to conduct post mortems, to 
insure the detection of crime, in case it has been com- 
mitted, even in the most obscure cases. 
The importance of a morgue, thus equipped and con- 
ducted, as a factor in the detection of crime, cannot be 
overestimated. 
At the morgue of Paris, under the leadership of Pro- 
fessor Brouardel, the greatest of living French toxicolo- XXIV 
report of the committee on the morgue. 
gists, the School of Study and Observation by his corps 
of assistants, was second to none in the world. 
It is certain that the Academy of Medicine, and the 
entire medical profession of New York, would co-ope- 
rate with the mayor and the civic authorities in any in- 
telligent movement to place our morgue on a higher 
scientific basis. The salary of the chief should be the 
highest salary paid to any medical man in the city, and 
it should be sufficient to command the services of the 
ablest talent in the profession of chemistry and medi- 
cine, and especially such as had distinguished them- 
selves in pathological studies and morbid anatomy. 
We recommend that the subject be brought to the at- 
tention of the mayor and the municipal authorities by 
a committee to be named by the Society, and that the 
Medico-Legal Society recommend the reorganization of 
the morgue, substantially upon the basis of that of 
Paris, and pledge its efforts to elevate the standard of 
the scientific service of the morgue, and that the Com- 
mittee be instructed to urge that at its head be placed 
the ablest scientific talent, within the reach of the city 
authorities. 
Dated December 31st, 1890. 
Clark Bell, Chairman. 
Simon M. Ehrlich, 
M. J. B. Messemer, M. D., 
Henry A. Mott, Jr., Ph. D., 
Phil. L. Donlin, M. D. 
Note.—Approved and adopted unanimously by the Medico-Legal So- 
ciety, January 14, 1891, PRELIMINARY REPORT OF THE STANDING 
COMMITTEE ON HYPNOTISM. 
To the Medico-Legal Society. 
The Committee on Hypnotism beg leave to report, in 
part, a few facts indicative of progress in scientific in- 
quiry. 
The literature of the subject is growing opulent—a 
thousand titles are now recorded. The number of re- 
putable investigators increases. Taken out of the hands 
of those whose aims and methods cast discredit on it, 
hypnotism is studied by members of each of the learned 
professions, vitally related as it is to the interests of 
which they are the natural custodians. It is safe to say 
that these facts are established: 
1. Hypnosis, or artificial trance-sleep, is a subjective 
phenomenon. Here modern science joins issue with 
old-time mesmerism, the theory of some mysterious 
efflux from the operator. Hypnosis may be self-in- 
duced through expectation alone, through fright, by re- 
ligious ecstasy or any enrapturing emotion. 
2. Hypnosis is not in itself a disease. Neurotic condi- 
tions predispose one to the trance-sleep, but the strong- 
est minds have also been enthralled. Their recorded 
visions have been an open book for centuries. 
3. Hypnosis is recognized in three stages—lethargy, 
somnambulism and catalepsy. The transition may be 
immediate. The second is instantly induced in trained 
sensitives. 
4. Hypnotism has been serviceable in medical and sur- XXVI 
preliminary report on hypnotism. 
gical practice, both as a therapeutic agent and in some 
-cases as an efficient and safe anaesthetic. 
5. The illusory impressions created by hypnosis may 
be made to dominate and tyranize the subsequent ac- 
tions of the subject. The following legal aspects pre- 
sent themselves: 
1. Has the sensitive sought the operator, or has the 
■operator used undue influence to gain control of him ? 
2. Are proper witnesses present? 3. Are possible ele- 
ments of error eliminated, such as self-deception, simu- 
lation and malingering ? 4. Is hypnosis a justifiable in- 
quisitorial agent ? 5. Do we need a reconstruction of 
the laws of evidence in view of the perversion—visual 
and otherwise—created by the trance? 6. Is any revi- 
sion of the Penal Code desirable in view of these facts ? 
Finally, should there be legal surveillance over private 
experiments or public exhibitions ? 
The committee will welcome suggestions on these or 
or other points, and any instructions as to methods of 
investigation of the matter referred to them by the 
Society. 
Respectfully submitted, 
E. Morgan, Jr., M. D., Chairman. 
E. P. Thwing, M. D., 
T. P. Eskridge, M. D., 
Robt. Funkhouser, M. D., 
Theo. H. Kellogg, M. D., 
M. Ellinger, 
Wilson McDonald, Sc., 
Clark Bell, President ex-officio. 
Note.—This Report was submitted to tbe Medico-Legal Society from 
the Standing Committee, January 14, 1891, and was made the Special 
•Order for discussion at February Meeting of 1891, MEDICO-LEGAL SOCIETY. 
OFFICERS FOR 1891. 
President: 
CLARK BELL, ESQ. 
1st Vice-President, 2nd Vice-President. 
Judge H. M. SOMERVILLE ALBERT BACH, Esq. 
Alabama—Judge Thos. W. Coleman, Montgomery. 
Algeria—Dr. C. Perronnet, Algiers. 
Arkansas—P. O. Hooper, M.D., Little Rock. 
Austria—Prof. R. Kraftt Ebing, Vienna. 
Belgium—Dr. Vleminckx, Brussels. 
California—W. W. McFarlane, M.D., Agnew. 
-Colorado—Prof. J. T. Eskridge, Denver. 
'Connecticut—Dr. Henry P. Geib, Stamford. 
Cuba—Dr. Venancio Zorilla, Havana, 
Dakota—Judge William H. Francis, Bismarck. 
Delaware—Gov. T. S. Biggs. 
Denmark—Prof. Gooeken, Copenhagen. 
District of Columbia-W. W. Godding, M.D., 
Washington City. 
England—Wm. L. Orange, M.D., Brighton. 
Ecuador—SeilorJ. M. P. Cammano Washington,D.C. 
Florida—Dr. King Wylly, Sandford. 
France—Judge Barbier, Paris. 
Georgia—Dr. Eugene Foster, Augusta. 
Germany—Prof. D. Furstner, Heidelberg. 
Holland—Dr. P. A. H. Sneens, Vucht. 
Hungary—Staatsanwalt Emerioli V. Havas, Buda 
Pesth. 
Illinois—Dr. Milo A. McClelland, Chicago. 
Indiana—W. B. Fletcher, M.D., Indianapolis. 
Iowa —Dr. Jennie McCowen, Davenport. 
Ireland—Dr. R. J- Kinkead, Galway. 
Italy—Prof. Dr. P. Pellicani, Bologna. 
Japan—Dr. Kensai Ikeda, Tokio. 
Kansas—Judge Albert H. Horton, Topeka. 
Kentucky—Dr. D. W. Yandell, Louisville. 
Louisiana—Dr. Joseph Jones, New Orleans. 
Maine—Judge L A. Emery, Ellsworth. 
Manitoba—I)r. D. Young, Selkirk. 
Maryland- H. B. Arnold, M.D., Baltimore. 
Massachusetts—Ed. J. Cowles, M.D., Somerville. 
Mexico—Prof. Ramirez. Mexico. 
Michigan—Victor C. Vausrhan, Ann Arbor. 
Minnesota—Prof. W. A. Hall, Minneapolis. 
Vice-Presidents for the States, Territories and Provinces. 
Missouri—Judge J. C. Normile, St. Louis 
Mississippi—Dr. C. A. Rice, Meridien. 
Montreal—Daniel Clark, M.D., Toronto. 
Nebraska—Dr. Wm. M. Knapp, Lincoln. 
Nevada—S. M. Bishop, Reno. 
New Brunswick—Judge A. L. Palmer, St. Johns 
New Hampshire—Hon. Daniel Barnard, Franklin. 
New Jersey—Hon. Geo. A. Halsey, Newark. 
New Mexico—Gov. Bradford L. Prince, 
New South Wales Geo. A. Tucker, M D. 
New York—Mrs. M. Louise Thomas. New York City 
New Zealand—Prof. Frank G. Ogston, Dunedin. 
North Carolina—Eugene Grissom, M.D., Raleigh. 
Norway—Dr. Harold Smedal, Christiana. 
Nova Scotia—Simon Fitch, M.D., Halifax. 
i.Ohio—W. J. Scott, M.D., Cleveland. 
Pennsylvania—Hon. Henry M. Hoyt, Philadelphia 
Peru—Senior F. C. C. Zegarro, Washington, D C. 
Portugal—Prof. Dr. Antonio Ilenviques da Silva, 
Coimbra. 
Rhode Island—Henry E. Turner, M.D.. Newport. 
Russia—Prof. Dr. Mierzejewski, St. Petersburg!!. 
Saxony—Judge de Alinge, Oberki tzon Hof. 
Scotland—W. W. Ireland,Preston Pans, Edinburgh. 
Servia—Hon. Paul Savitch, Belgrade. 
Sicily—Prof. Dr. Fernando Puglia, Messina. 
South Carolina—Dr. Middleton Miehel, Charleston. 
Spain—Prof. Dr. Jeronimo, Granada. 
Sweden—Prof. Dr. A. Winroth, Lund. 
Switzerland Prof. Dr. A ugust Fotel, Zurich. 
Tennessee—John H. Callander. M.D., Nashville. 
Texas—Dr. D. R. Wallace. Terrell. 
Utah—Le Grand Young, Esq , Sait Lake. 
Vermont—Dr. J. Draper, Brattleboro 
Virginia—Dr. James D. Moncure, Williamsburg. 
Washington Ter.—Ex-Gov. Wm. C. Squire, Seattle. 
West Virginia—F. M. Hood, M.D., Weston. 
Wisconsin—Dr. Jas. H. McBride, Wauwatosa. 
Secretary, 
WILLARD C. HUMPHREYS, M.D., Ph. D. 
Corresponding Secretary, 
MORITZ ELLINGER, Esq. 
Treasurer, 
TnOS. CLELAND, M.D. 
Librarian, 
MATTHEW D. FIELD, M.D. 
Assistant Secretary, 
RICHARD II. HAINES, Esq. 
Chemist, 
Prof. nENRY A. MOTT, Jr. 
Curator and Pathologist, 
J. CLARKE THOMAS, M.D. 
Assistant Librarian, 
G. BETTINI DI MOISE. M.D. 
TRUSTEES: 
Legal, Medical, 
E. W. CHAMBERLAIN, Esq. J. MOUNT HLEYER, M.D. 
JOHN H W ATSON, Esq. FRANK H. INGRAM, M.D. 
JUDGE D. McADAM. CHARLES MILNE. M.D. 
PERMANENT COMMISSION. 
CLARK BELL, Esq.. Chairman. 
Legal. Medical, 
JuDGB ELISHA CARPENTER. PETER BRYCE, M.D. 
Hon. JOHN F. DILLON. R. L PARSONS, M.D. 
Jodg* C. G. GARRISON. Prof. F. D. WEISSE. COMMITTEE OF THE STATES AND TERRITORIES ON EX- 
TENDING MEMBERSHIP OF THE SOCIETY. 
Alabama.—P. Bryce, M. D., 
Tuscaloosa. 
Arkansas.—Jas. H. Southall, 
Osceola, Little Rock. 
California. — E. Regensberger, 
M. D., San Francisco. 
Colorado.—Prof. T. P. Eskridge, 
Denver. 
Connecticut. — Wm. J. Lewis, 
M. D., Hartford. 
Cuba.—Dr. A. M. Fernandez, 
Havana. 
Dakota—Dr. O. Wellington Arch- 
ibald, Jamestown. 
Delaware.—Gov. B. T. Biggs. 
District of Columbia.—Judge M. 
V. Montgomery. 
England.—A. Wood Renton, Esq., 
London. 
Florida.—Dr. C. A. F. Lindorme, 
Fort Reed. 
Georgia.—Thos. O. Powell, M. D., 
Milledgeville. 
Illinois.— Milo A. McClelland, 
M. D., Chicago. 
Indiana.—W. B. Fletcher, M. D., 
Indianapolis. 
Iowa.—F. C. Crittenden, M. D., 
Des Moines. 
Ireland.—Connelly Norman, M.D. 
Kansas.—A. N. Drake, M. D. 
Kentucky.—Dr. F. H. Clark, 
Lexington. 
Louisiana.—Dr. M. D. Clay, 
Shre'vesport. 
Manitoba.—H. A. Husband, M. D. 
Maryland.— Daniel L. Brinton, 
Esq., Baltimore. 
Massachusetts.—Frank K. Pad- 
dock, M. D., Esq., Pittsfield. 
Michigan.—T. R. Buckham, M. D., 
Flint. 
Minnesota.—Prof. W. A. Hall, 
Minneapolis- 
Missouri.—R. E. Smith, M. D., 
St. Joseph. 
Mississippi.—Dr. E. P. Sale., 
Aberdeen. 
Montreal, Canada.—Dr. Daniel 
Clark, Toronto. 
Nebraska.—W. M. Knapp, M. D., 
Lincoln. 
Nevada.—S. Bishop, M. D., Reno. 
New Brunswick.—J. T. Steeves, 
M. D. Fredericton. 
New Hampshire.—Dr. Carl H. 
Horsch. 
New Jersey.—Judge C. G. Garri- 
son, Camden. 
New Mexico.—N. S. Giberson, 
M. D., Carlisle, Grant Co. 
NewYork.—Clark Bell,Esq., Chair- 
man, New York. 
New Zealand. — Prof. Millen 
Cough trey. 
North Carolina.—J. D. Roberts, 
M. D., Goldsboro. 
Nova Scotia.—Simon Fitch, M.D., 
Halifax. 
Ohio.—C. H. Blackburn, Esq., 
Cincinnati. 
Pennsylvania.—S. Hepburn, Jr., 
Esq., Carlisle. 
Prince Edward Island.—Judge 
Jas. H. Peters, Charlotte Town. 
RnoDE Island.—Philip K. Taylor, 
M. D., Wakefield. 
South Carolina.—Dr. Middleton 
Michel, Charleston. 
Tennessee.—Dr. Michael Camp- 
bell, Knoxville. 
Texas.—Dr. D. R. Wallace, 
Terrell. 
Vermont.—Dr. J. Draper, 
Brattleboro. 
Virginia.—Dr. Jas. D. Moncure, 
Williamsburg. 
Washington Ter. — John W. 
Waughup, M. D., Fort Stellacoom. 
West Virginia.— 
Wisconsin.—Henry Palmer, M. D., 
Janesville. HONOKARY MEMBERS. 
Prof. Brouardel, 
Ex-President Medico Legal So- 
ciety of France. Dean of the 
Faculty of Medicine, 
Paris, France. 
Judge T. C. Barbier, 
Premier President-honoraire- 
de la Cour de Cassation, 
Paris, France. 
John C. Bucknil, M. D., 
Ex-Lord Chancellor’s visitor in 
Lunacy, Ex-President British 
Medico Psychological Ass,, 
London, England. 
Fordyce Barker, M. D., 
Ex-President N. Y. Academy 
of Medicine, New York City. 
Prof. Charcot, 
Editor Archives de Neurologie, 
Physician at Salpetriere, 
Paris, France. 
Ernest Chaude, 
Ex-President Medico Legal So- 
ciety of France, Advocate before 
Court of Appeal, Paris, France. 
Hon. Charles P. Daly, 
Ex-Chief Justice Court of Com 
mon Pleas, New York City. 
Prof. Dr. P. von Kraft-Ebing, 
University of Vienna, 
Austria. 
IIon. Noah Davis, 
Ex-Chief Justice Supreme Court 
of New York, New York City. 
Henry Maudsley, M. D., 
Ex-President British Medico. 
Psychological Association, 
London, England 
Prof. Dr. J. Maschka, 
Author on Medical Jurisprud- 
ence, Prague, Bohemia. 
Louis Penard, M. D., 
Ex-President Medico Legal So- 
ciety of France, Paris, France. 
D. Hack Tuke, M. D., 
Editor Journal of Mental Sci- 
ence. London, England CORRESPONDING MEMBERS. 
Baker, L. W., M. D., Supt. Home for Epileptics, Baldwinsville,. 
Mass. 
Bedford, Hon. Gunning S., Ex-Judge Criminal Court, N. Y. City. 
Bell, A. N., M. D., Editor Sanitarian, N. Y. City. 
Bradley, Hon. Geo. B., Judge Court of Appeals, Corning, N. Y. 
Buckham, T. It., M. D., Medical Expert, Flint. Mich. 
Buswell, C. F. Msq., Author Buswell on Insanity, Boston, Mass. 
Carroll, A. L., M. D., N. Y. S *ate Board of Health, New Brighton, 
S. I., New York. 
Chaille, Prof. Stanford, E., University of New Orleans, La. 
Curwen, John, M. D., Supt. Pa. State Insane Asylum, Warren, 
Pa. 
Crothers,T. D.,M. D., Editor Journal of Inebriety, Supt.Walnut 
Lodge, Hartford, Conn. 
Chittenden, Prof. It. H., Prof, of Chemistry, New Haven, Conn. 
Daniels, Hon. Chas. H., Justice Supreme Court of New York, 
Buffalo, N, Y. 
Davis, N. R., M. D.,Late Editor Journal Amer. Med. Association, 
Chicago, III. 
Draper, F. W.,M. D., State Med. Examiner, Prof. Medical Juris- 
prudence, 36 Worcester St., Boston, Mass. 
Doering, Ed. J., M. D., President Chicago Med. Legal Society, 
Chicago, III. 
Earle, Pliny, M. D.,Late Supt. State Insane Asylum, Northamp- 
ton, Mass. 
Edwards, Landon B., M. D., Editor Virginia Medical Journal,. 
< Richmond, Va. 
Elsey, Prof. M. G., Medical College, Washington, D. C. 
Elwell, Hon. John J., Srof. Medical Jurisprudence, and Author, 
etc., Cleveland, Ohio. 
Ewell, M. D., M. D., Prof. Medical Jurisprudence, Author, etc., 
Chicago, 111. 
Hanna, J. L., Esq., Editor Maryland Law Record, Baltimore, 
Md. 
Helm, Scott, M. D., Late Secretary Chicago Med. LegalSociety, 
Chicago, 111. 
Hill, Gershom, H., M. D. Supt. State Insane Asylum, Independ- 
ence, Iowa. 
Horsford, Prof. E., Prof, of Chemistry, Cambridge, Mass., 
Hughes, C. H. M. D., Editor Alienist and Neurologist, St. Louis,. 
Mo. 
Lyman, Henry M., M. D., Professor Medical Jurisprudence, 
Chicago, 111. 
Moi'gan, Appleton, Esq., 23 Park Row, New York City. 
Packard, Prof. John M., University of Pa., Phil, Pa. 
Parrish, Joseph, M. D., Pres. Amer. Ass. for Study and Cure of 
Inebriety,Burlington, N. J. 
Pinkham, J. G. Medical Examiner, Ex-President Mass. Medical 
Legal Society, Lynn, Mass. 
AMERICAN. CORRESPONDING MEMBERS. 
XXXI 
Presby, Silas D., M. D., Ex-President Mass. Medical Legal Soc., 
Taunton, Mass. 
Rauch, John H., M. D., Secretary State Board of Health, Spring- 
field, 111. 
Reese, Prof. John J., Prof. Chemistry and Med. Jurisprudence 
Author, etc., Landsowne, Pa. 
Storer, H. R. ,M. D., Medical Expert, Author etc., Newport, R.L 
Sutton, R. S., M. D., Member Amer. Nat. Academy of Medicine 
Pittsburg, Pa. 
Steele, A. K., M. D., Late President Chicago Med. Legal Soc., 
Chicago, 111. 
Taylor, Wm. H., M. D., Secretary Mass. Med. Legal Society, 
New Bedford, Mass. 
Vander Warker, Ely, M. D., Secretary State Medic;-1 Society, 
Syracuse, N. Y. 
Windsor, F., M. D.,Late President Mass. Med. Legal Society, 
Wormsley, Prof. T. G., Medical College, Phil., Pa. 
Wile, William C., M. D., Editor New England Med. Magazine, 
Sandy Hook, Conn. 
ALGERIA 
Perronnet, Dr. C., Cherchal, Algeria 
AUSTRALIA. 
Coughtry, Prof. Milieu, University of Otago, Dunedin, New 
Zealand, Australia. 
Ogston, Prof., Prof. Medical Jurisprudence, University of Otago, 
Dunedin, New Zealand, Australia. 
Poole, T. Crisp, Esq., Barrister at Law, Brisbane, Queensland. 
Australia. 
Tucker, Geo. S., M. D., New South Wales, care Windsor Hotel, 
London. 
Benedikt, Prof. Dr. M., Vienna, Austria. 
Hoffman, Prof., University of Gratz, Gratz, Austria. 
Kallay, Dr. Adolph, Vienna, Austria. 
Schlager, Prof. Dr. Ludwig, University of Vienna, Vienna, Aus- 
tria. 
Wahlberg, Prof. Dr. Wilhelm Emil, University of Vienna, 
Vienna, Austria. 
AUSTRIA. 
Boddaert, Prof. R., University of Ghent, Ghent, Belgium. 
Guylits, Dr., Supt. Insane Asylum d’Evere, Brussels, Belgium. 
Desguin, Victor, M. D., Ex-President Soc. of Mental Medicine, 
Supt. Asylum for Insane, Antwerp, Belgium. 
De Craenne, Dr., Supt. Asylum for Insane, Vice-President Soc. 
of Mental Medicine, Courtrai, Belgium. 
Heger, Prof. Dr. P., Ex-President Society Mental Medicine of 
Belgium, University of Brussels, Brussels, Belgium. 
Lentz, Dr. F., Supt. Govt. Hospital for Insane, Tournai, Belgium. 
Lentz, M., Government Director Belgium Asylum for Insane, 
Brussels. Belgium. 
Lefebvre, Prof. I)r., University of Louvain, Louvain, Belgium. 
Moreau, Alfred, Advocate Court of Appeals, Brussels, Belgium 
BELGIUM. XXXII 
CORRESPONDING MEMBERS. 
Moreau, Dr. Camille, Secretary Medico Legal Soc. of Belgium, 
Charleroi, Belgium. 
Morel, Jules, M. D., Supt. Hospice, Guislain, Ghent, Belgium. 
Peeters, J. A., M. D., Supt. Colony of Insane, Gheel, Belgium. 
Prins, Dr., Ad. Inspector General of Prisons, Brussels, Belgium. 
Bode, Leon De,M. D., Supt. Asylum for Insane, Louvain, Bel- 
gium. 
Semal, Dr., Supt. Gen. Insane Asylum, Mons, Belgium. 
Stienon. Prof. Dr., University of Brussels, Brussels, Belguim. 
Thiey, Prof, and Dr. Criminal Law, Liege, Belgium- 
Vermeulen, Dr., Supt. Insane Asylum, Ghent, Belgium. 
Yieminickx, Dr., President Medico Legal Society of Belgium, 
Brussels, Belgium. 
BRAZIL. 
Lima, Dr. Souza, Rio Janeiro. Brazil. 
Rames, Dr. Joaquin Goncalves, Sanitario de Barbercina Minaz- 
Geraes, Brazil. 
BUENOS AYRES. 
Cabred, Dr.D., Supt. Insane Hospital, Prof. Faculty of Medi 
cine, Buenos Ayres. 
Perez, Ed. M., M. D., Buenos Ayres. 
Sola, Dr. Felippe, Buenos Ayres. 
BULGARIA. 
Dantschoff, Hon. Pierre Ivan. Procureur General, Sofia, Bul- 
garia. 
Djakovitch, Judge Alexander, President of the Tribunal, Yarna, 
Bulgaria. 
Zgoureif, Hon. George, Substitute for Procureur General, Sofia, 
Bulgaria. 
CUBA. 
Berriel, Dr. Leopolo, Y. Fernandez, Advocate, Havana, Cuba. 
Carbonell, Dr. Jose Ma., Senator and President de Abogados, 
Havana, Cuba. 
Guardia, Dr. Vicente de la, Calla de Cuba, No. 44, Havana, Cuba. 
Guzman, Senor Francisco de los S., Ex-Senator, Statesman 
and Scientist, Havana, Cuba. 
Gutierrez, Dr. Nicholas J., President Royal Academy of Cuba, 
Havana, Cuba. 
Gonzales, Hon. Pedro, Llorente, Advocate, Havana, Cuba. 
Govirs, Hon Antonio, Advocate, Havana, Cuba. 
*Lebredo, Senor Dr. Joaquin G., Havana, Cuba. 
Torralbas, Dr. Jose L., Secretary Royal Academy, Havana, 
Cuba. 
Montero, Senor Rafael, Member Cuban Parliament, Havana, 
Cuba. 
Zorilla, Dr. Venancio, President Supreme Court of Cuba, 
Havana, Cuba. 
Godeken, Prof., Prof, of Medical Jurisprudence, Copenhagen. 
Denmark. 
Goos, Prof. Dr. C., Norregade 10, Copenhagen, Denmark. 
Grtit, Prof. Edward Hansen, University of Copenhagen, Copen- 
hagen, Denmark. 
DENMARK. CORRESPONDING MOIELKS 
XXXIII 
Howitz, Prof. Frantz J., University of Copenhagen, Copen- 
hagen, Denmark. 
Lange, Prof. Carl Geo., Vice-President of the Danish Interna- 
tional Congress, Copenhagen, Denmark. 
Lehman, Prof. J., Copenhagen, Denmark. 
Von Steenberg, Prof. Dr. Valdemar E., Supt. of Insane Asylum, 
Copenhagen, Denmark. 
ENGLAND. 
Abbott, Dr. Henry Arthur. 24 Park Square, Leeds, England. 
Abercrombie, Dr. John, 23 Upper Wimpole St., London, England. 
Althaus, Prof. Julius, Hospital for Epileptics, Regents Park, 
London, England. 
Blandford, Dr. G. Fielding, Wimpole St., London, England. 
Browne, Sir J. Crichton, M. D., London, England. 
Chadwick, Edwin, Esq., C. B., London, England. 
Gowers, W. R., M. D., London, England. 
Hart, Ernest, Esq., British Medical Journal, London, England. 
Hogg, Jabez, M. D., 1 Bedford Square, London, England. 
Kerr, Dr. Norman, 42 Grove Road, Regents Park, N. W., London, 
England. 
Mann, Dr. John Dixon, Manchester, England. 
Needham, Dr. Fred., Insane Asylum, Gloucester, England. 
Orange, Dr. Wm. Late Sup’t Broadmoor, Brighton, England. 
Pepper, Aug. J., M. I)., London, England. 
Phillips, Dr. Sidney, London, England. 
Pollock, Prof. F., Law Quarterly Review, London, England. 
Poore, Dr. G. Vivian, London, England. 
Savage, Geo. H., Care Journal Mental Science, London, England. 
Shuttleworth, Dr. G. E., Lancaster, England. 
Stevenson, Dr. Thomas, care Guy’s Hospital, London, England. 
Tidy, C. Meymott, M. D., London, England. 
Winslow, Forbes, M. D., London, England. 
ECUADOR. 
Cammano, Senor J. M. P., United States Minister at Washing- 
ton, D. C., Washington, D. C. 
FINLAND. 
Grotenfeldt, A. Hofrat, Director of Gefangnisse, Helsingfors, 
Finland. 
FRANCE. 
Ball, Prof. Dr. Benj., Faculte de Medecine, Paris, France. 
Berillon, Paul, Head of the Department for Identifying Crimi- 
nals, Palace of Justice, Paris, France. 
Blanche, Dr. E., Rue des Fontis 15, a Auteuil, Paris, France. 
Briant, Dr. Marcel, Medical Superintendent Asylum Villeneuf, 
(Seine), France. 
Blond, Dr. Le, Societe de Medicine Legal de France, Rue de Mul- 
house, Paris, France. 
Bornaston, M., Procureur de la Republique, Paris, France. 
Cassagne, Prof. Dr. La, Editor Archives Criminelles d’Anthro- 
pologic, Lyons, France. 
Charpentier, Prof., Rue Tranchet 15, Paris, France. XXXIV 
CORRESPONDING MEMBERS. 
Clay, T. de Musgrave, M. D., Pau, France. 
Coutagne, Henry, M. D., Editor Archives Criminelles d’An- 
thropologie, Lyons, France. 
Daned, M., Advocate of the Court of Appeals. Paris, France. 
Demange, M., Vice-President Medico-Legal Society of France, 
Advocate of the Court of Appeals, Paris, France. 
Droineau, Dr., General Director Insane Asylum of France, Paris, 
France. 
Falret, Dr., Medical Supt. Salpetriere, Paris, France. 
Gamier, Dr. Paul, Inspector of the Insane (Seine), Paris, France. 
Giraud, Dr., Director Municipal Laboratory, Paris, France. 
Guillote, Adolphe, Juge d'Instruction Tribunal du Seine, Paris, 
France. 
Hemar, M., Ex President Medico-Legal Society of France, Ad- 
vocate of the Court of Appeals, Faubourg Poisonniers 52, 
Paris, Fra.nee 
Horteloup, M. Emile, Ex-President Society of 
France, Advocate of the Court of Appeals, Paris, France. 
Langier, Dr. Maurice, Vice-President Medico-Legal Society of 
France, Rue de Clichy 14, Paris, France. 
Lutaud. Dr. A., Boulevard Haussman 35, Paris, France. 
Luys, Dr. G., Editor 1’Encephale, Rue de l’Universite 8, Paris, 
France. 
Magnan, Dr. V., Medical Supt. Insane Hospital Asylum St. Ann, 
Paris, France. 
Motet, A., M. D., Secretary Medico-Legal Society, Rue Char- 
onne 161, Paris, France. 
Napias, Henrv, M. D., Inspector General of the Administrative 
Service. Department of the Interior, Rue de Rocher 68, 
Paris, France. 
Ozier, Prof., Chief Toxicological Laboratoi’y, Paris, France. 
Parant, Dr. Victor, Toulouse, France. 
Petrol, Albert, Advocate Court of Appeals Municipal Council of 
Paris, Rue Bonaparte 53, Paris, France. 
Puteaux, Dr. Lucien, Committee of Visitation Insane Asylum, 
Seine, Paris, France. 
Riant, Dr., Prof. d’Hvgiene a, l’Ecole Normale de la Seine, Fau- 
bourg St. Honore 133, Paris,France. 
Ritti, Dr. Anton, Secretary Psych. Society, Asylum of Insane 
Charenton, Paris, France. 
Roussell, Theophile, M. D., Senator and President of the Council 
Lozes, Paris, France. 
Regnard, Albert, Inspector General Department of the Interior, 
Paris, France. 
Socquet, Dr. Jules, Secretary Medico-Legal Society of France, 
Paris, France. 
Topinard, Dr. Paul, Editor Revue de l’Anthropologie, Paris, 
France. 
Voisin, Dr. Auguste, Medecin de la Salpetriere, Paris,. France. 
Brosius, Dr. C., Supt. Insane Asylum, Bendorf and Sayn, near 
Coblenz. Germany. 
Erlenmever, Prof. Albrecht, Bendorf, Germany. 
Furstner. Prof. Dr., University of Heidelberg, Heidelberg, Ger 
many. 
GERMANY. CORRESPONDING MEMBERS. 
XXXV 
Hoffman, Prof. A. W., University of Berlin, Berlin, Germany. 
Kornfeld, Prof. Dr. Herman, Grottkau, Germany. 
Kunowsky, Hon., President of the Supreme Court, Breslau, 
Germany. 
Rosenberg, Oberstaatsanwalt, Breslau, Germany. 
Laehr, Dr. H., Editor Zeitschrift fur Psychiat., President Soci- 
ety of Psychiatry, Berlin, Germany. 
Landau, Dr. Wm., Berlin, Germany. 
Lillenthal, Prof. Dr. K. von, Marburg, Germany. 
Meyer, Prof. Dr. L., University of Gottingen, Gottingen, Ger- 
many. 
Otto, Prof. R., Professor of Chemistry, Craunschneig, Germany. 
Reubold, Prof. Dr. V., University at Wurzburg, Wurzburg, 
Germany. 
Schwarz, Herr Ester Staatsanwalt, Aurich, Germany. 
Von Buri, Dr. M., Leipzig, Germany. 
GUATEMALA, C. A 
Monteros, Dr. Jose, Guatemala, C. A. 
Price, Hon. Hannibal, Haytien Minister at Washington, Wash- 
ington, D. C. 
HAYTI. 
HOLLAND. 
Cowan, Dr., F. M., Supt. of Insane Asylum, Dortrecht, Hol- 
land. 
De Jong, Dr. A., ’sGravenhage, Holland. 
Patijn, Dr. J. G., Advocate General Hooge Raad, ’sGravenhage, 
Holland. 
Persijn, Dr. C. J. Th. Van, President Netlierland Society of Psy- 
chiatry, Bloemendaal, Holland. 
Pompe, Dr., Secretary Society of Psychiatry, Supt. Conde- 
water Asylum, Rosmalen, Holland. 
Ruysch, Dr. W., Inspector General of the Insane, ’sGravenhage, 
Holland. 
Sueens, Dr. P. A. H., Supt. Insane Asylum at Voorbuck, Vuchs, 
near Bois-le-Duc, Holland. 
Van Hamel, Prof. G. A., President, Amsterdam, Holland. 
Vrythoff, J. G. C. P., Dordrecht, Holland. 
Beck, Dr. Hugo, Advocate V Dorotheagasse 6, Buda Pesth, Hun 
gary. 
Havas, "Emerich V., Staatsanwalt Fortennagasse 4, Buda Pesth,, 
Hungary. 
HUNGARY. 
IRELAND. 
Blake, Ed. Netterville, Esq., Dublin, Ireland. 
d’Abundo, Dr. Giuseppe, Pisa, Italy. 
Audriani, Dr. G., Naples, Italy. 
Bianchi, Prof. Leonardi, Naples, Italy. 
Biffi, Prof. Dr. Serafini, Milan, Italy. 
Buonorno, Prof. G., Naples, Italy. 
ITALY. XXXVI 
CORRESPONDING MEMBERS. 
Canterano, Dr. Gugliemo, Naples, Italy. 
Chiarugi, Dr. Giulio, Sienna, Italy. 
Coll el a, Dr. R., Naples, Italy. 
Duranti, Prof. Francisco, Senator of Italy, Rome, Italy. 
Ferri, Prof. Enrico, Deputy, Italian Parliament, Rome, Italy. 
Garofolo, Prof. It., Naples, Italy. 
Garofolo, Barone, President Tribunal, Lago Garafolo, 29, Naples, 
Italy. 
Gubernatis, Prof. Dr. Angelo, Deputy, Italian Parliament, 
Rome, Italy. 
Lucchini, Prof. C., Editor Re vista Penale di Bologna, Bologna, 
Italy. 
Pellicani, Prof, Dr. P., Prof. Medical Jurisprudence, Univer- 
sity of Bologna, Bologna, Italy. 
Puglia, Dr. Fernando, Prof. 5f Penal Law, Messina Sicily, Italy. 
Serafini, Dr. F., Italy. 
Tamassia, Prof. Arrigio, University of Padova, Padova, Italy. 
Tamburini, Prof. Augusto, University of Turin, Turin, Italy. 
Yerga, Prof. Dr. Andrea, Senator of Italy, President Society of 
Freniatria, Milan, Italy. 
Bandera, Jose M., M. D., City of Mexico, Mexico. 
Contreras, Senor Don Manuel, City of Mexico, Mexico. 
Ramirez, Prof. Roman., City of Mexico, Mexico. 
MEXICO. 
NORWAY. 
Berg, Dr. John, Advocate, Christiania, Norway. 
Bentzen, Dr. G- E., Christiania, Norway. 
Heiberg, Prof. H., Christiania, Norway. 
Smedal, Dr. Harold, Advocate, Kongens Gade 25, Christiania, 
Norway. 
PERU. 
Muniz, Dr. Manuel A., Surgeon of the Peruvian Army, Melcher 
Mill 143, Lima, Peru. 
Zegarro, Senor F. C. C., Peruvian Minister at Washington 
Washington, D. C., 
PORTUGAL. 
Javario, Hon. J. J., Rea Nova de Almeda 81, Lisbon, Portugal. 
Rodriguez, Dr. Bettencourt, Editor Journal of Psychiatry, Lis- 
bon, Portugal. 
Silva, Dr. Antonio Henriques da, Prof, of Penal Law, Univer- 
sity of Coimbra, Portugal. 
RUSSIA. 
Belin. Prof., Professor of Legal Medicine at the University of 
Moscow, Russia. 
BajenofE, Dr. N., Supt. Insane Asylum of Riazanne, Russia. 
Dragondorff. Prof. Geo., Professor of Chemistry, University of 
Dorpat, Dorpat, Russia. 
Froitsky, Prof., Professor of Legal Medicine at the University 
of Varsovie, Russia. 
Kowalewsky, Prof. Dr., Kharkoff, Russia. 
Mierzejewski, Prof. Dr., President Society of Psychiatry, St- 
Petersburg, Russia. 
Obolonsky, Prof., Professor of Legal Medicine at the University 
of Kieff, Russia. CORRESPONDING MEMBERS. 
XXXVII 
Pantenteo, Prof., Professor of Legal Medicine at the University 
of Kharkoff, Russia. 
Sergiewitch, Prof., Professor of Jurisprudence at the Univer- 
sity of St. Petersburg, Russia. 
Sloutschevny, Prof., Professor of Jurisprudence, and Senator of 
St. Petersburg, Russia. 
Sorohin, Prof., Professor of Legal Medicine at the Academy of 
Medicine of St. Petersburg, Russia. 
Swoydeff, Prof., Professor of Legal Medicine at the University 
of Kazen, Russia. 
Tschye, Prof., Professor of Mental Medicine at the University 
of St. Petersburg, Russia. 
Uending Prof., Professor of Legal Medicine at the University of 
Moscow, Russia. 
Woladiniroff, Prof., Professor of Jurisprudence at the Univer 
sity of St. Petersburg, Russia. 
Wulfert, Hon. M. A., Prof. Penal Law, Moscow, Russia. 
Nenadovitch, George A., Advocate, Editor-in-Chief of Bornic 
Belgrade, Servia. 
Savitch, Hon. Paula J., Department of Justice, Belgrade, Servia. 
SERVIA. 
SCOTLAND. 
Clouston, Dr. T. S., Medical Superintendent Insane Hospital, 
Edinburgh, Scotland. 
Hay, Prof. Matthew, Professor Medical Jurisprudence, Aber- 
deen, Scotland. 
Ireland, Dr. W. W., Preston Pans, near Edinburgh, Scotland. 
Kinmot, John, Esq., President Scottish Law Society, Edinburgh, 
Scotland. 
Urquhart, Dr., Supt. Insane Asylum, Perth, Scotland. 
Talladriz, Dr. A. M. Alvarez, Editor, Valladolid, Spain. 
Ulicia. Dr. Rafael, Madrid, Spain. 
Vida, Dr. Jeronimo, Prof, in University of Granada, Spain. 
SPAIN. 
SWEDEN. 
Key, Prof. Axel, Editor, Stockholm, Sweden. 
Upperstrom, Dr. A. E. W., Haradschofding 10, Stockholm, 
Sweden. 
Winroth, Dr. A. O., Prof, of Law, Lund, Sweden. 
SWITZERLAND. 
Correvon, Judge Gustave, President of the Tribunal of Canton 
of Vand., Lausanne, Switzerland. 
Favey, Georges, Prof. Criminal Law, Lausanne, Switzerland. 
Foref,Prof. Dr. August, Zurich, Switzerland. 
Gautier, Prof. Alfred, Geneva, Switzerland. 
Gretener, Prof. X.,Berne. Switzerland. 
Meili, Prof. Fr., Prof, of Law, Zurich, Switzerland. 
Picot, Dr., Judge Criminal Court, Geneva, Switzerland. 
Stooss, Prof. Carl, Oberrichter and Prof, in University at 
Berne, Switzerland. 
Wille, Prof. L., University at Basle, Switzerland. 
Zuricher, Judge Emil, Zurich, Switzerland. XXXVIII 
CORRESPONDING MEMBERS. 
SUPPLEMENTARY LIST. 
Andriani, Dr. G., Naples, Italy. 
Abbett, Gov. Leon, of New Jersey. 
Andrews, Judge Chas. B., Chief Justice of Connecticut. 
Blake, Hon. Henry A., Blake, Montana. 
Bleckley, Judge L. E., Chief Justice of Georgia. 
Bartlett, Judge Willard, Supreme Court, General Term, 1st 
Depart., Brooklyn, N. Y. 
Battle, Prof. Kemp P., Criminal Court of North Carolina. 
Brewering, Dr. S. Doedes. Alienist, Medemblisk, Holland. 
Beasley, Chief Justice of New Jersey, Trenton. 
Bateman, Frederic, M. D., Norwich, England. 
Bernheim, Prof., University of Nancy, France. 
Beaunis. Prof., University of Nancy, France. 
Batty, Wm. H., Chief Justice of California. 
Beck, Wm. E., ex-Chief Justice of Colerado, Denver. 
Blandford, M. A., Justice Supreme Court of Georgia. 
Caulerano, Dr. Tergliebmo, Naples, Italy. 
Collela, Dr. R., Naples, Italy. 
Comegys, Chief Justice Supreme Court of Delevan, Denver. 
Clark, Walter, Justice Supreme Court of North Carolinia, 
Raleigh. 
Corliss, Judge Guy C. A., Chief Justice of North Dakota. 
Dunglison, Dr. Richard J., Editor, &c., Philadelphia, Pa. 
Doe, Chief. Justice, of New Hampshire, Salmon Falls. 
Durfee, Chief Justice Supreme Court of Rhode Island. 
Duval, Prof. Matthias, Director Laboratory of anthropology, 
Paris, France. 
Ellis, Havelock, M. D., London, England. 
Elliott, Byron K., Chief Justice Supreme Court of Indiana, In- 
dianapolis. 
Follett, Judge D. Presiding Justice Court of Appeals, 2d Division 
of New York. 
Fenner, Chas. E., Justice Supreme Court of La. 
Gelgersma, Dr. G., Amsterdam, Holland. 
Gaines, Reuben R., Justice Supreme Court of Texas, Austin. 
Givins, Joseph, Chief Justice of Iowa. 
Grubb, Judge Ignatius, Supreme Court of Deleware. 
Hubrecht, P. E., Secretary-General. ’sGravenhage, Holland. 
Halbertsma, Dr. G. J. C., Alienist, Voor burgh te Vucht, Holland. 
Hertz, Prof. Dr., University of Amsterdam, Holland. 
Harlan. Henry O. Chief Justice City Court of Baltimore, M.D. 
Hashi Moto, Tsunatsune Med-Director General, Army of Japan, 
Tokio. 
Helm, J. C., Chief Justice of Colrado, Denver. 
Henry, Judge John L.. Supreme Court of Texas, Austin. 
Hildouard, Brother, Belgian Brothers of Charity, Montreal, 
Canada. 
Holt, Judge Homer A., Supreme Court of West Virginia, Lewis- 
burgh. 
Husbands, H. Aubrey, Prof., Manitoba, Canada. 
Ikeda, Dr Kensai, Physician to the Emperor of Japan, Tokio. 
Johnston, W. A., Justice Supreme Court, Topeka, Kansas. 
Jones, Chas Edgeworth, Esq., Augusta, Ga. 
Kuhn,Prof. Dr. C. N. University at Amsterdam, Holland. XXXIX 
CORRESPONDING MEMBERS. 
Lewis, Joseph L., Chief Justice Supreme Court of Kentucky. 
Larremore, Ex-Chief-Justice N. Y. Superior Court. 
Learned, Wm. L., Presiding Justice Supreme Court, Albany, 
Lombroso. Prof. Caesar, of Italy. 
Liegeois, Professor at the University of Nancy, France. 
Lucas, Judge D. B., Supreme Court of Charlotte, West Virginia. 
Mercier, Chas. M B., London, England, 
Morton, Marcus, Chief Justice Supreme Court, Boston, Mass. 
Minshall, Chief-Justice Supreme Court of Ohio. 
Maxwell, Judge A. E., Ex-Chief Justice Supreme Court of 
Florida. 
Mitchell, Judge H. L., Supreme Court of Florida. 
McLanthlan, Dr. H. W., Secretary Medico-Legal Society of 
Denver, Colorado. 
Morse, Hon. Charles S., Austin, Texas. 
McEnery, Judge Sam., Supreme Court of New Orleans, La. 
Matheson, Judge Chas. E., Supreme Court of Rhode Island. 
Moto, Dr. Tonza Kawa, Japanese Legation at Berlin. 
Paxson, Chief Justice of Penn., Phil., Pa. 
Peters, John A. Chief-Justice Supreme Court of Maine. 
Ruger, Hon. Wm. C., Chief Justice N. Y. Court of Appeals, 
Syracuse. 
Ransom, Hon. Rastus, Surrogate of New York. 
Royce, Chief Justice Supreme Court of Vermont. 
Raney, Judge Geo. P., Chief Justice of Florida. 
Ray, R. D., Chief Justice Supreme Court of Missouri. 
Saulsbury, Judge, Supreme Court of Delaware. 
Schouten, G. J. C-, Alienist, Voorburgh te Vucht, Holland. 
Stone, Judge C. J., Chief Justice Supreme Court of Ala. 
Stayton, John W., Chief Justice of Austin, Texas. 
Snyder, A. C. Chief Justice Supreme Court of West Va. 
Seymour, Judge E. W., Supreme Court of Conn. 
Simmons. Judge Thos. J.. Supreme Court of Georgia. 
Tellegen, Dr A. O H., Editor, etc., Amsterdam. Holland. 
Takaki, Dr. Kanchiro, Medical Dir. Japanese Navy, Tokio. 
Thayer. C' A., Ex-Chief Justice, Supreme Court of Oregon. 
Van de Venter, Dr. G.. Editor, etc., Amsterdam. Holland. 
Van de Putte, Hon. J. S. F., Minister for the Colonies, Holland. 
Van Andel, Dr. A. H., Leiden. Holland. 
Van de Venter. Willis, Chief Justice Supreme Court of Wyo. 
Woods, Thos. IL, Chief Justice Supreme Court of Miss. XL 
ACTIVE MEMBERS. 
Allen, John E„ M.D. 
Ababarnell, Jacob, Esq. 
Allison, Chas. R , Esq. 
Andrews, W. S., Esq 
Arnoux, Judge Wm H. 
Augustine, Clark B., Esq. 
Aldrich, D. W.. M.D. 
Archibald, O.IVellington,M.D. 
Atchinson, T. T., Esq. 
Arnold. A. B., M.D 
Allen, Thomas J., M.D. 
Allen, Chief Justice John C. 
Albutt, H. A., M.D. 
Bell, Clark, Esq 
Bennett, Alice, M.D. 
Bull, Chas. P., Esq. 
Bei-g, J. P., Esq. 
Bruno, R. M., Esq. 
Bach, Albert, Esq. 
Burnett, Mary Weeks. M.D. 
Busteed, Richard W., Jr., Esq. 
Best. Wm. J.. Esq. 
Beltzhoefer, F. C-, Esq. 
Bennett, Henry S., Esq. 
Bergheim, L., M.D. 
Blackburn, C. H., Esq. 
*Butler, John 8 . M.D. 
Burke, Wm. C.. Jr., M.D. 
Burnap. Prof. W. L. 
Bryce, P., M. D. 
Bleyer, J. Mount. M.D. 
Buckham, T. R., M.D. 
Baldwin, Benj. J., M.D. 
Burrell, D. R., M.D. 
Buckmaster, S. B., M.D. 
Bartlett, Jas. W., M.D. 
Brown, Geo. W., M.D. 
Baker, Henry D., Dr. 
Barnard, Daniel, Esq. 
Bartlett, Cyrus K., M.D. 
Brinton, Daniel L., Esq. 
Boardman, C. H.. M.D. 
Benjamin, Geo. H., M.D. 
Broadhead, Jas. O., Esq. 
Bishop, 8., M.D. 
Billings, Frank, S. Prof. 
Barnard, Chas. A-, M.D 
Bond, Dr. G., FM. 
Byrnes, William, Esq. 
Baner, Wm. L., M.D. 
Bermudes, Chief Justice Edw. 
Bradford, Geo. D., M.D. 
Bayne, Thos. L., Esq. 
Bradley, Elizabeth N., M.D. 
Brewer, T. O., M.D. 
Brown, Milton, Esq. 
Brown, Harold P., Esq. 
Bauduy, Prof. J. K. 
Biggs, Gov. B. T. 
Boyd, Robert M., Esq. 
Brady, Jas. M.. Esq. 
Bristol, E. L. Macomb, M.D. 
Cahill, Ed. II., Esq. 
Cravath, Paul A.. Esq. 
Oarleton. Henry Guy, Esq. 
Currier, D. M.,Dr. 
Conn, Granville P.. Dr. 
Cook, Gustave, Esq. 
Clarke, F. II.,M.D. 
Campbell, Michael, Dr. 
Chew, T. R., M.D. 
Clay. D. M., M.I). 
Cleland, Thos., M.D. 
Cupp'es, Geo., M D. 
ACTIVE MEMBERS. 
Crane, H L..M.D. 
Coughtrey, Millen M B., C.M. 
Callender ,T. H., M.D. 
Cohn, Albert L., Esq. 
Cook, 8. G., Dr. 
Conway, J. R.. M.D. 
Compton, A. T.. Esq. 
Calvin, Judge, D. C. 
Crosby, D. G., Esq. 
Chamberlain. E. W., F.sq. 
Connor. Eliza Archard 
Cowles. Ed. J., M.D 
Clift, Geo. D., M D. 
Crittenden, F. E„ M.D. 
Crookshank, R. Percy, M.D. 
Cobb, 0 F., M.D. 
Clark, Daniel, M.D. 
Carpenter. Elon N., M.D. 
Cazier, M. H , M D. 
Carrick, Chas. L., Esq. 
Carpenter, Judge Elisha 
Coleman, Judge Thos. W. 
Cox, Allen M., Esq. 
Donlin, P. E.. Dr. 
Dorn, J. H., Dr. 
Davies, W. G-, Esq. 
Doremus, Chas. A., Prof. 
Davis, C. K., Esq. 
Dillon. Judge Jno. R. 
Dittenhoefer. Judge A. J. 
Denhard, C. E., Dr. 
Doremus, R. O., Prof. 
Del Monte, Leonax-do, Esq. 
Dupre. Ovide, Esq. 
Dwyer, John, M.D. 
Donahue, Judge Charles 
Drake, A. N , M.D. 
Draper, J , M.D. 
Dorsett, J. S., M.D. 
Denton, A. N., M.D. 
De Krafft, Wm., M.D. 
Dunavant, H. C., M.D. 
Drewry, W. F., M.D. 
DeMoise. G. Bettini, M.D. 
Dimmock. Thos., M.D. 
Doering, Ed. J., M.D. 
Dykman, Ernest, Esq. 
Dupre, R. B., M.D. 
Davis, E. Webster, M.D. 
Ellinger, M., Esq. 
Ehrlich, Judge S. M. 
Eads. B. F., M.D. 
Emery. Judge L. A. 
Eskridge, Prof. J. T. 
Frederich, J., Dr. 
Farrington, J. O., Dr. 
Field, David Dudley, Esq. 
Fleming, W. M., Dr. 
Frauenstein. G., Dr. 
Feldman, Ossip, Dr. 
Frost, T Gold. Esq. 
Field, Matthew D. 
Foster. Eugene, M.D. 
Fox, Edwin M., M D. 
Francis, Judge William H. 
Fuller, F. B., M.D. 
Fellows. Jno. R., Esq. 
Fischer. Chas. S., Dr. 
Fuller, Robert M., Dr. 
Fanning, James O., Esq. 
Foster, Roger, Esq. 
Fitch. Simon, M.D. 
Fernandez. A. M.. M.D. 
Fletcher, W. B , M D. 
Form ad, Prof. F., M.D. 
Funkliouser, Robert, M.D. 
Fleming, Walter S., M.D. 
Fisk, M. H-, M.D. 
Goldfogle, H. M.. Esq. 
Grimm, J. Hugo, Esq. 
Green. Robert S.. Esq. 
*Grandin. E. H., Esq. 
Geib, H. P., M.D. 
Gibbs, Jno. Wilson. M.D. 
Goetz, Wolfgang, M.D. 
Gaston, J. B., M I). 
Grissom, Eugene. Dr. 
Godding, W. W.. M.D. 
Goodhart, Morris, Esq. 
Giberson, N. 8., M.D. 
Garvin, Lucius F.C., M.D. 
Gunning, J. H-. MD. 
Gerry, E- T , Esq 
Guernsey, R. 8., Esq. 
Grant, Gab., Dr. 
Gilbert, II. 8., M.D. 
Garrison, Judge C. G. 
Gumby, Judge A. A. 
Gutb, Morris S., M.D. 
Gagley, Henry B., Esq. 
Graeffe, Albert J., Esq. 
Green, Jas. S., M.D. 
*Gibbens, Daniel L., Esq. 
Gibson, Chancellor Henry A. 
Gorton, D. A., M.D. 
Ilennessy, G., Dr. 
Hepburn, S., Jr.. Esq. 
Haves, Daniel P.. Esq. 
Hall, Lucy M„ M.D. 
Howard. John C., Dr. 
Hawes, Gilbert R., Esq. 
Hyzer, Edw. M. 
Ilorwitz, Otto, Esq. 
Holcombe, Wm. F., Dr. 
Hyatt, Hon. S. Burdett. 
Hakes, Harry, Esq. 
Hoyt, Henry M., Esq. 
Huger, R. P., M.D. 
Higgins, F. W., M.D. 
Hurt, G., M.D. 
Hughes, Chas. E., Esq. 
Horsh, CarlH., M.D. 
Hirschfelder, J. 0., M.D. 
Howard, Frank H., Esq. 
Hareourt, John M., M.D. 
Hall, W. A., M.D. 
Uaviland, Willis II. Jr., M.D 
House, Jos. A., M.D. 
Hudson, Geo. M., Esq. 
Houston, Judge Locke B. 
Hawkins, Jas. E., Esq. 
Halsey, Hon. Geo. A. 
Harris, H. S., M.D. 
Hawes, Judge Granville P. 
Hay, C. M., M.D. 
Houston, John W., Esq. 
Hellmuth, Wm. Todd, M.D, 
Hayes, J. Noble, Esq. 
Humphreys, vv iilara C., Esq- 
Hill, II. B., M.D 
Hotchkiss, E. H., Esq. 
Horton, Judge Albert H. 
Haines. Franklin R., Esq. 
Hood, F. M., M.D. 
Ingraham, Judge Geo. L. 
Ingersoll, Robt. G., Esq. 
Ingram. Frank H., M.D. 
Ikeda, Kensai, M.D. ACTIVE MEMBERS. 
XLI 
Jewett,'H. 0., M. D. 
James, Ed. C., Esq. 
Jones, Joseph,M.D. 
Jones, M. L., Esq. 
James, Prof. Frank L. 
Jones, S. Preston, M.D 
Jordan, Dan’l L., Esq. 
James, S. M., Esq. 
Knox, T. C., Dr. 
Kimball, R. B., Esq. 
Kellogg, T. H.,M.D. 
Kohne, Solomon, Esq. 
Kelley, H. J.. M.D. 
♦Kilbourne, E. J.. M.D. 
Knickerbocker, Geo. S., M.D 
Klingensmith, J. P., M.D. 
Knapp, W. M., M.D. 
Kite, J. Alban, M.D. 
Kinkead, R. J., M.D. 
Kopke, J-, M.D. 
Kinney, C. Spencer, M.D. 
Kempin. Emily, LL.D. 
Kerlin. J. P., Esq. 
Keene, Geo. F., M.D. 
Layton, A. R., Esq. 
Lochner, J., Dr. 
Lyon, R. H., Esq. 
Loewy, Benno, Esq. 
Lewis. J. R., Esq. 
Leo, S. N„ Dr. 
Lewis, J. B., Dr. 
Lyons, Fred A., Dr. 
Lyddy, James M., Esq. 
Lvddy, Wm. M., Esq. 
Little, Robert M., Esq. 
Levy, Jefferson M., Esq. 
Lewis, W. J., M.D. 
Lambert, John, M.D. 
Lindorme, C. A. F., M,D. 
Luff. Arthur P., M.D. 
Lee, Bradley D., Esq. 
Lyon, D. S., M.D. 
Laplace, Ernest, M.D. 
Lewis, Harry W., Esq. 
Lee, Otto V., Esq. 
Levy, Lonis B., Esq. 
Ladd. Judge W. S. 
Lee, Benj., M. D. 
Lawrence, W. O., M.D. 
Love. J. N., M.D. 
Lewis, Amos C., M.D. 
Lynde, N. W. M.D. 
Moore, George E., M.D. 
Miller, J. F., Esq. 
McLeod, S. B, W., Dr. 
Morton, G. W., Esq. 
Matthews. D.,Dr. 
Messemer, M, J. B., Dr. 
Milbank, Robert, M.D. 
Morgan, Ed. J., Jr., M.D. 
McCarthy, Judge John H. 
Mosher, Eliza M., M.D. 
McCleerey, Mary J., Dr. 
Metzger, B., Esq. 
Milne, Chas-. M.D, 
MacAdam, Judge David. 
Mott, H. A., Jr., Dr. 
McCowen, Jennie, M.D. 
Michel, Middleton, M.D. 
McClelland, Mrs. Sophie 
Miller, Geo. B., M.D. 
McClelland, Milo A., M.D. 
Millard, Orson, M.D. 
Moncure, Jas. D., M.D. 
McFarlane, W. C., M.D. 
McFarland, W. W., M.D. 
Montgomery, Judge M. W. 
Mather, E., M.D. 
Murray, R. D., M.D. 
Middlebrooke, Edwin, M.D. 
McMaster, Chas. H., Esq. 
Morse, Jas. S., Esq. 
Moses, Otto F., Esq. 
McIntyre, Wm. H„ Esq. 
Mitchell, J. Murray, Esq. 
Mitchell, Hubbard W., M.D. 
Miller, J. F., M.D. 
McDonald, Wilson. Esq. 
McBride, Jas. II., M.D., 
McClellan, Judge Tlios. 
Mial, L C., M.D. 
Nelson, Wm.. Esq. 
Nunn, R. J., M.D. 
Normile, Judge J. C. 
Nordeman, Herman F., M.D. 
Nicol, Delancey, Esq. 
Nugent, Fred. F., Esq. 
Noble, C. W., Dr. 
Norman, Connolly, M.D. 
Newington, Dr H. Hayes 
Nicholson, Dr. Dan’l 
Nelson, Abram, Esq. 
Norbury, Frank P., M.D. 
Newman, Robert, M.D. 
O’Neil, E. D., Dr. 
O’Dowd, F.,Esq. 
O’Dea, J. J.. Dr. 
Otterburg, Marcus, Esq. 
Ogston. Frank G.,M.D. 
Orme. H. L., MD. 
O’Neill, Wm.Lane, Esq. 
Orange, Dr. Wm. 
Parsons, Ralph L., M.D. 
Preterre, A. P., Dr. 
Pratt, Judge Calvin E. 
Peet, Isaac Lewis, M.D. 
PowTell, Senaca D., M.D. 
Page, Washington E., Esq. 
Paddock. Frank K., M.D. 
Powell. Thos. O., M.D. 
*Peixotto, Benj. F., Esq. 
Palmer, Henry, M.D. 
Pusey, H. K., Dr. 
Page, Samuel B., Esq. 
Palmer, W. H., M D. 
Perkins. L. G., M.D. 
Parker, Wm. James, M.D. 
Poole, Thos. Crisp, M.D. 
Phillips, J. Willoughby, M.D. 
Pope, Ralph W., Esq. 
Palmer, Judge A. L. 
Pearson R. H., Esq. 
Phelps, Geo. M., Esq. 
Potter, G. E., M.D. 
Pierce, Franklin, Esq. 
Pierce, Edward, M.D. 
Peters, Judge, Jas. H. 
Payne, F. TT, M.D. 
Putnam, Prof. Jas. W. 
Quimby, Isaac N., M.D. 
Richardson, H. L., M.D. 
Rust, C. D., Esq. 
Riley, H. A.,Esq. 
Russell, F, W., M.D. 
Regensberger, A. E., M.D. 
Roberts, J. D., M.D. 
Robinson, D. R ,Esq. 
Rice, C. A., M.D. 
Rutherford, R , M.D. 
Root, Edward K., M.D. 
Richardson, A. B., M.D. 
Ringold, Jas. T., Esq. 
Robinson, Henry. Esq. 
Rogers, Prof. H. W. 
Renton, A. Wood, Esq. 
Smith, C. Brainbridge, Esq.. 
Sampson, Z. S., Esq. 
Sterne, Simon, Esq. 
Sedgwick, Judge Jno. 
Squire, W. 0., Esq. 
Stevenson, W. G., M.D. 
Southall, Jas. H., M.D. 
Solomon, J. P.,Esq. 
Sullivan, M. R., M.D. 
Stackpole, Paul A., M. D. 
Stratton, Morris H., Esq. 
Sale, E. P., M.D. 
Somerville, Judge H. M. 
Smith, Q. Cincinatus, M.D. 
Smith, J. E. W., M.D. 
Simpson, James, M.D. 
Scott, W. J., M.D. 
Smith, R. E., M.D. 
Smith, Samuel Wesley, M.D_ 
Smith, Francis B., M.D. 
Stillings, F. A., M.D. 
Stark. Henry S., M.D. 
Steeves, J. T..M.D. 
Stockwell, Dr. G. Austin, 
Spratling, W. P., M.D. 
Seymour, Roderick B„ Esq„ 
Sanders, Judge Geo. H. 
Stone, Hon. R. B. 
Strauss, Charles, Esq. 
Sattertee, Leroy, M.D. 
Stillman, Chas. F., M.D. 
Speir, Judge G. M. 
Sussdorf, G. E., Dr. 
Smith, Hubbard, Esq. 
Smith, Nelson, Esq. 
Skiff, George B., M.D. 
Shafer, E. B., Esq. 
Shepard, Seth, Esq. 
Suearingen, R. M., M.D. 
Stanton, J. V., M.D. 
Seaman, Louis L., M.D. 
Strauss, Oscar, Esq. 
Stites, Jos. A., Dr. 
Schatz, Adx-ian E.,M.D. 
Sharkey, M. T., Esq. 
Shepard, E. F., Esq. 
Stadler, L. C., M.D. 
Spaulding, C. F., Esq. 
Shepard, Chas. H., M.D. 
Strahan, S. A. K., M.D. 
Snow, E. A.. Esq. 
Springs, Richard A., Esq. 
Smith, Prof. W. R. 
Senn, Nicholas, M.D. 
Scott, J. J., M. D. 
Smith, A. C., M. D, XLII 
ACTIVE MEMBERS 
Tucker, C. P., Dr. 
Tucker, Rev. Wm., D.D. 
Tomlison, T. E., Jr., Esq. 
Tillottson, Clias. H., Esq. 
Thomas, Mrs. M. Louise 
Tomlinson, Daniel, Esq. 
Trull, W. C., Esq. 
Turrell, E. A., Esq. 
Tenny, S., Esq. 
Thomas, J. C., Dr. 
Tuthill, J. Y., Dr. 
'Tourtellot, L. A., M.D. 
Taylor, John M. Esq. 
Timing, Edward Payson.M.D 
Towne, Geo. D., M.D. 
Tompkins, Henry C., Esq. 
Twitchell, Geo. B., M.D. 
Taylor, Philip K., M.D. 
Talley, R. P., M.D. 
Turner, Henry E., M.D. 
Tuttle. Wm. L., M.D. 
Talcott, Selden H., M.D. 
Toch, Maxamillian, 
Taylor, John F., Esq. 
Taylor, Geo. W., Esq. 
Tucker, Dr. Geo. A. 
Thwlng, Dr. Clarence. 
Taft, Amanda, M.D. 
Taliferro, E. T., Esq- 
Thornhill, F. M., M.D. 
Talley, R. P-, M.D. 
Ullman, H. Charles, Esq. 
Underhill, H. C., Esq. 
Vandeveer, A. M. D. 
Valentine, Ferd. C.,MD. 
Van Vorst, Fred. B., Esq. 
Von Klein, Carl F.. M.D. 
Vanderburgh, E P., M.D. 
Vaughan, V. C., Prof. 
Vleminckx, Dr. 
Wallace, C. H., M-D. 
Watson, J., M.D. 
Watson, J. H., Esq. 
Weisse, F. D., Dr. 
Whaley, Wm.. Esq. 
Weisman, F. If., Esq. 
Wheeler, Schuyler S., Esq. 
White, M. J., M.D. 
Williams, Hume, Esq. 
Wiley, C. C., M.D. 
Worden, M. Etna, M.D. 
Wilson, J. T M.D. 
Willard. H.K., M.D. 
Wilkins, Prof. Geo. 
Wright, Amelia, M.D. 
Whitehorne, Ed E., Dr. 
Westbrook Richard B., Esq. 
Ward, W. A., M.D. 
Wey, Wm. C., M.D. 
Wardner, Horace, M.D. 
Wigmore. John H., Esq. 
Wallace, D. R..M.D. 
Walsh, J. F, M.D. 
Wylly, King, M.D. 
Wolf, A. S., M.D. 
Wolf, A. S., Jr., M.D. 
Ward, John W., M.D. 
Waterman, Sigusmund, M.D, 
Wilcox, Geo. £>., M.D. 
Waite, Herschell, M.D. 
Waughop, J. W., M.D. 
White, E. D-, M.D. 
Webb, DeWitt, M.D. 
Weldon, Hon. Chas- B. 
Williamson, A. P.. M.D. 
Wright, C. E., M.D. 
Yandell, D. W., M.D. 
Young, R. E., M.D. 
Young, Le Grand, Esq. ,* 
Young. Richard D., Esq. 
Young, D., M.D. 
♦Deceased, nternational Medico-Legal Congress 
OF 189 1. 
UNDER THE AUSPICES OF THE 
Medico-Legal society. 
Office of the President, 
No. 57 Broadway. 
New York, April 1st, 1891. 
Dear Sir : 
The session of June, 1889, of the International Con- 
gress of Medical Jurisprudence was successful beyond the most sanguine 
expectations of its promoters. It perfected a permanent organization and 
provided for the selection of an additional Vice-President from each State 
and Territory of the American Union, and from each foreign province, 
State and Couutry who had members in the organization that took an 
interest in the success of the movement. 
Future meetings were authorized to be called by the Executive Offi- 
cers, a list of whom are herewith sent you. 
The expenses of publishing all the Papers read at this Congress, with- 
a reeord of its transactions and the proceedings of the Banquet, fill a large 
volume, the expense of which has been about $800.00. The Executive 
Officers were authorized to elect additional members into the organization, 
the only expense of which is the enrolling fee of $3.00, which entitles the 
member to the Bulletin free. 
Will you unite in this movement with a view of making it Interna- 
tional, and will you suggest a suitable name for Vice-President from your 
State, Territory, Province or Country, if one has not already been sent. 
If this effort is received with favor by the members of the Medico-Legal 
Society—Active, Corresponding and Honorary alone, without counting 
'Others—it will provide for the publication of the transactions and the 
Papi rs read before the Congress, and lay on firm and sure foundations the 
Inti rnational work of promoting the advancement of Medical Jurispru- 
dence, not alone within the United States of Amenica, but throughout the 
civilized world. 
Your co-operation in this effort is earnestly solicited in your locality, 
and your name will be laid before the Executive Officers for enrollment as 
a member on receipt of the enrolling fee, which can be sent to any officer 
of the body. The Officers elected by the Congress held June 4th to 7th, 1889, in New- 
York, were as follows: 
OFFICERS. 
PRESIDENT. 
Clark Bell, Esq., of New York. 
VICE-PRESIDENTS. 
Judge Locke E. Houston, of Miss. 
Dr. Charles H. Hughes, of Mo. 
Dr. W. W. Ireland, of Scotland. 
Prof. Robt. C. Kedzie, of Mich. 
Dr. Norman Kerr, of England. 
Dr. Jennie MeCowen, of Iowa. 
Dr. Jules Morel, of Belgium. 
Dr. Connolly Norman, of Ireland. 
Prof. John J. Reese, of Pa. 
Dr. Bettincourt Rodrigues, of Portugal. 
Judge H. M. Somerville, of Ala. 
David Steward, Esq,, of Maryland. 
Theo. H. Tyndale, Esq., of Mass. 
Chief-Justice Sir John C. Allen, of New 
Brunswick. 
Chief-Justice Edward F. Bermudez, of 
La. 
Gov Biggs, of Delaware. 
Dr. Daniel Clark, of Toronto, Canada. 
Ex-Chief-Justice Noah Davis, of N. Y. 
Dr. Edward J. Doering, of Illinois. 
Prof. John J. Elwell, of Ohio. 
Judge W. H. Francis, of North Dakota, 
Dr.W.W. Godding, of Washington, D. C. 
Dr. Eugene Grissom, of N. C. 
Dr. Carl H. Horsch, of N. H. 
The following Vice-Presidents have since been named by the President: 
Dr. Cyrus K. Bartlett, for Minn. 
Prof. Dr. Benedikt, for Austria. 
Hon. C. H. Blackburn, for Ohio. 
Prof. Brouardel, for France. 
Sig. J. M. P. Cammao, for Equador. 
Judge Elisha Carpenter, for Conn. 
Prof. Milien Coughtrey, for N. Zealand. 
Dr. J. S. Dorsett, for Texas. 
Judge L. A. Emery, for Maine. 
Dr. I T. Eskridge, for Colorado. 
Dr. Enrico Ferri, for Italy. 
Dr. Simon Fitch, for Nova Scotia. 
Judge C. G. Garrison for New Jersey. 
Dr. Vincent de la Guardia, for Cuba. 
Prof. Axel Key, for Sweden. 
Doctor Herman Kornfeld, for Silesia. 
Prof. Dr. Paul Kowalewski, for Russia. 
Prof. Dr. J. Maschka, for Bohemia. 
Dr. Y. R. Le Monnier, for Louisiana. 
Sen.Don Rafael Montefar.for Guatemala 
Judge A. L. Palmer, for New Brunswick 
Doctor Yau Persyn, for Holland. 
Hon. Jas. H. Peters, for Pr. Ed. Isld. 
T. Crisp Poole,for Queensland.Australia 
Dr. Thos, O. Powell, for Georgia. 
Hon. Hon. Han. Price, for Hayti. 
Gov. L. Bradford Prince, for N. Mexioo 
Dr. H. K. Pusey, for Kentucky. » -i 
Sen. Watson C. Squire, for Washington.. 
Dr. Von Steenberg, for Denmark. 
Hon A. M. Alvarez Taladriz, for Spain. 
Dr. Geo. A. Tucker, for New S. Wales. 
Senator Andrea Verga, for Italy. 
Prof. Dr. D. Vleminicks, for Belgium. 
Prof. Dr. Wiile, for Switzerland. 
Dr. C. E. Wright, for Indiana. 
Mr. Le Grand Young, for Utah. 
Sig. F. C. C. Zegarra, for Peru. 
Moritz Ellinger, Esq., of New York. 
SECRETARY. 
ASSISTANT SECRETARIES. 
Frank H. Ingram, M. D., of N. Y. W. J. Lewis, M. D., of Conn.. 
The President was empowered and directed by the Congress to appoint 
additional Vice-Presidents for the various States, Territories, Provinces 
and Countries, which will be done in the future. 
Members of the Congress receiving this circular, who have not sent 
their enrolling fee, will please do so, and circulate this among those who. 
take an interest in the Science. 
Your early response is requested to either of the undersigned. 
MORITZ ELLINGER, CLARK BELL, 
Surrogate’s Office, President, 
New York City. 57 Broadway, N. Y_ PRELIMINARY ROLL 
—OP— 
Members and Delegates lo the International Congress, 
Abbott, Austin, Esq., New York. 
Abercrombie, Dr. John, London. 
Ababarnel, Jacob, Esq.. New York. 
Alien, Sir John C., Fredericton, N. B. 
Archibald, Dr. O. W., Dakota. 
Arnoux, Judge Wm. H., N. Y. 
Bach, Albert, Esq., New York. 
Backus, Dr. O., Rochester, N. Y. 
Bacon, A. O., Esq., Savannah, Ga. 
Baker, Dr. Henry B , Michigan. 
Ball, Prof. Dr. Benj , France. 
Baner, Dr. Wm. L., New York. 
Barbier, Judge, France. 
Barner, W. A., Esq. 
Barrister, Dr. H. M.. Chicago. 
Bartlett, Cyrus K., M. D., Minn. 
Bartlett, Jas. W„ Dover, N. H. 
Barton, Clara, Washington, D. C. 
Bauduy, Prof. J. K., St. Louis, Mo. 
Bell, Clark, Esq., New York. 
Bell, W. H. S., Esq., South Africa. 
Benedickt, Prof. Dr., Vienna, Austria. 
Bennett, Alice, M. D., Pa. 
Bentzen, Dr. G. E., Norway. 
Bergheim, Dr. L , New York. 
Bermudez, Chief Justice, Louisiana, La. 
Biggs, Gov., Delaware. 
Billings, Prof. F. S., Neb. 
Bianchi, Dr. Leonardo, Italy. 
Blandford, Dr. G. Fielding, London. 
Bleyer, J. Mount, M. D., New York. 
Boardman, C- H., M. D., Bridgeton, N. J. 
Bond, Dr. G. F. M., New York. 
Boone, Dr. H. W., Shanghai, China. 
Bradley, Dr. E. N., New York. 
Brouardel, Prof., Paris, France. 
Brouett, Harold E., Esq., Shanghai,China 
Brown, Dr. D. R.. Chicago. 
Brown, Harold P.. Esq., New York. 
Brown, Judge Addison, N. Y. 
Brown. Julius, Esq., Savannah, Ga. 
Bryce, P., M. D., Ala, 
Buck, J. D., M. D., Cincinnati, Ohio. 
Buckham, Thos. R., M. D.. Mich. 
Buckmaster, S. B., M. D , Wisconsin. 
Burge, J, Hobart, M. D., Brooklyn. 
Burnett, Mary W., M. D., Chicago, 111. 
Burrell, D. R., M. D„ N. Y. 
Butler, John S., M. D., Conn. 
Buttolph, Dr. II. A., N. J. 
Buyher, Dr. J. C., Pittsburgh, Pa. 
Callender, Dr. J. H., Nashville, Tenn 
Carleton, Henry Guy, Esq., New York. 
Carpenter, E. N., M D,, New York. 
Carroll, Alfred D., M.D.,30 W.59 St.,N.Y. 
Chamberlain, E. W., Esq., 120 Broadway. 
Chapin, Dr. John B.. Phila., Pa. 
Charpentier. Prof. Dr.. Paris, France. 
Chase, Dr. Walter B., Brooklyn, N. Y. 
Clark, Dr. Daniel. Toronto. Canada. 
Clark, Prof. S. Tucker, N. Y. 
Cleland, Thos., M. D , New York. 
Clouston, Dr. T. S., Scotland. 
Clymer, Mrs. E. M., 148 E. 18th St., N. Y. 
Cobb, O. F., M. D., New York. 
Coleman, Dr. Henry, Auburn, N. Y. 
Coughtry, Millen, Esq., N. Z. 
Coutalgne, Dr. Henry, Lyons. France. 
Contreras, Senor Don Manuel, Mexico. 
Cook, Dr. E. G., N. Y- 
Cowen, Dr. Holland. 
Cowles, Ed J., M. D., Massachusetts. 
Crothers, T. D., M. D., Hartford. Conn. 
Crosti, Dr. Domini, Lacatecas. Mexico. 
Currier, Dr. D. M., Newport, li. I. 
Curtis, Judge Geo. M., New York. 
Davies, Wm. G., Esq,, New York. 
Davis, Judge Noah, New York. 
De Kraft, Dr. Wm., New York., 
De la Guardia, Dr. Vicente, Cuba. 
Di Moise, Dr. G. Bettini, New York. 
Dent,Emmett C., M. D., New York. 
Depew, Hon. C. M., New York. 
Desguin, Dr. Victor, Belgium. 
Desrosiers, H. E., M. D-, Montreal, Can. 
Dexter, Dr. B. F., New York. 
Dillon, Judge John F., New York. 
Dittenhoefer, Judge A. J., New York. 
Doering, Ed. J., M. D., Chicago, 111. 
Donlin, Dr. P. E., N, Y. 
Doremus, C. A., M. D., New York. 
Doremus, Prof. R. O., New York. 
Dorsett, Dr. J. S., Austin, Texas. 
Dragendorf, Dr, Geo., Dorpat, Russia. 
Drake, A. N., M. D., Kansas. 
Draper, Jos., M. D., Vermont. 
Drayton, Henry S., M. D., New York. 
Drewry, W. F., M. D., Virginia. 
DuBignon, F. G., Savannah, Ga, 
Ducey, Father Thos. J., N. Y. 
Dunavant, H. C., M. D., Arkansas. 
Durrell, T. M., Sommerville, Mass. 
Earle, Dr. Pliny, Mass. 
Eastman, T. C.,Esq., New York. 
Ellinger. M., Esq., New York. 
Elwell, Prof. John J., Ohio. 
Emery, Judge L. A., Maine. 
Erlenmeyer, Dr. Allnott, Germany. 
Eskridge, Dr. J.’T., Colorado. 
Ewell, Dr., M. D., 111. 
Falret, Dr. Paris, France. 
Fanton, Hull, Esq., N. Y. 
Fay, Geo. W., Esq., Demoplis, Ala. 
Fellows, Hon. J. R., New York. 
Fernandez, A. M., M. D., New York. 
Ferri, Dr. Enrico, Italy. 
Field, Dr. M. D., New York. 
Field, Hon. David Dudley. N. Y. 
Finn, Dr. C. G. J., Hempstead, L. I. 
Fisher, Wm. A.. Esq., Baltimore. 
Fitch, Simon, M.D., Halifax, Nova Scotia. 
Fleming, Dr. W. M., N. Y. 
Fletcher, Dr. W. B., Ind. 
Formad, Prof. H, F., Phila-. Pa. 
Foster, Roger, Esq., New York. 
Francis, Judge W. S., Dakota. 
Frost, T. Gold, Esq., Minn. XLVI 
MEMBERS AND DELEGATES 
Furstner, Prof. Dr., Germany. 
Garofolo, Prof. Dr., Naples, Italy. 
Garrison, Judge C. G.. N. J. 
Gerry, E. T., New York. 
Gibbs, Dr. J. W., New York. 
Godding. Dr. W. W„ Washington, D. C. 
Golder, Dr. R., M. D., N. Y. 
Gordon, James, M. D., Nevada, Mo. 
Grannis, Mrs. E.B., N. Y. 
Green, Gov. R. S.. New Jersey. 
Grimm, J Hugo, Esq., St. Louis. Mo. 
Grissom, Dr. Eugene, N. C. 
Guernsey, R. S., Esq., New York. 
Gundy, Judge A. A. 
Gundry, Dr. Richard. M. D. 
Guth, M. S., M. D., Pa. 
Hall, Dr. Lucy M., New York. 
Hall, Prof. W. A., Minnesota. 
Hammond, Judge W. R., Alabama. 
Harris. Hon. J. M., Md. 
Hart, Ernest, Esq., London. 
Harvey, Prof. C. A., N. Y. 
Haviland, Dr. W. H., Minn. 
Heger. Dr. P., Brussells, Belgium. 
Hepburn, S., Jr., Esq., Pa. 
Higgins, Dr. F. W., N. Y. 
Hill, G. II., M. D., Iowa. 
Hillyer, Judge Geo., Atlanta, Ga. 
Hitchcock, Harlynd. 
Hogg, Dr. Jabez, London. 
Holcome, Dr, Wm. II., New Orleans, La. 
Holcombe, Dr. W. F., New York. 
Horsch, C. H., M. D., Dover, N. II. 
Hourteloup, Judge, France. 
Houston, Judge Locke E., Miss. 
Hoyt, Hon. Henry M., Pa. 
Hughes, Chas. S., M. D., St. Louis. Mo. 
Husband, Prof. H. Aubrey, Manitoba, 
Hutchins, Alex., M. D., Brooklyn, N. Y. 
Hutchinson, W. M., M. D.,Brooklyn,N. Y. 
Hyatt, Judge S. B., New York. 
111. State Board of Health. Springfield, 111. 
Ingersoll, Col. Robt. G., N. Y. 
Ingram, F. H., M. D . New York. 
Ireland. Dr. W. W., Scotland. 
Isaac, Judge M. S., New York. 
James, Col. Ed., New York. 
James, Prof. Frank L., Neb. 
Johnston, Dr. F. N., New Brighton, N.Y. 
Jones, Hon. Ed. F , N. Y. 
Jones, Joseph, M. D., La. 
Jones. Rev. Lewis T.. N. J. 
Jones, S. Preston, M.D., N. J. 
Jordan, Daniel. E q., Fredericton, N. B. 
Kedzie, Prof. Robt. C., Mich. 
Kerr. Dr. Norman, London, Eng. 
Key, Prof. Axel., Sweden. 
Kellogg, Dr. T. II., N. Y. 
Kiernan, James G., M.D., Chicago, 111. 
Kilbourne, Dr. E. J.. 111. 
Kinkead, Dr. R. J., Galway, Ireland. 
Knight. Dr. Geo. H., Lakeville, Conn. 
Kornfeld, Herman,M.D., Grotkau,Silesia. 
Kowalewski, Pro,. Dr. Paul, Russia. 
Kraft, Ebing, Prof. Dr., Austria. 
La Oassagne. Dr., Lyons, France. 
Lamb, Martha, J., New York. 
Lambert, John, M. D., Salem, N. Y. 
Lebrado, Joaquin G , M. D., Cuba. 
Lee, Benj.. M. D., Phila., Pa. 
Lehman, Prof. J., Denmark. 
Le Monnier, Dr. Y. R., New Orleans, La. 
Letchworth, W. P., Esq., Glen Iris, N. Y. 
Lewis, W. J.,M. D„ Conn. 
Library, Court of Appeals, Syracuse,N.Y. 
Lima, Souza. M. D., Brazil. 
Linnorme. C. A. F., M. D., Fla. 
Loe'A-y, Benno. Esq., New York. 
Lovell, Mrs- New York. 
Luff. Prof. Dr. Arthur P., England. 
Lutaud, Dr., Paris. 
Lyddy, Jas. M., Esq., New York. 
MacConnal, I)r. J. H., Poughkeepsie, N.Y. 
Macdonald, Dr. E. A., N. x. 
Magnan, Dr., Paris. 
Maine, Dr. F. E., Auburn, New York. 
Mann, Dr. E. C., New York. 
Mann, Dr. John, N. Y. 
Maschka, Prof. Dr. J., Bohemia. 
Matlier, Dr. Ed. D , England. 
McAdam, Judge D., New York. 
McClelland, Dr. M. A., 111. 
McCowen. Dr. Jennie, Iowa. 
McIntyre, W. H., Esq., New York. 
Mercantile Library Ass’n, Astor Place, 
Messemer, M. J. B., M. D., New York. 
Michael, Middleton. M. D., S. Carolina. 
Millard, Orson, M.D., Flint, Mich. 
Miller, Frank II., Esq., Savannah, Ga. 
Miller, Dr. Geo. B., Pa. 
Milne, Dr Chas. S., New York. 
Mitchell, J. Murray. Esq., New York. 
Moncure. Dr. Jas. D., Ya. 
Monteros, Dr. Jose, Guatemala, S. A- 
Montgomery, Judge M. W-, Washington 
Morel, Jules, M. D.. Ghent, Belgium. 
Moshier. Dr. E. M., Brooklyn, N. Y. 
Motet. Dr.. France. 
Mott, Prof II. A., Jr.. N.Y. 
Mulligan, Dr. E. W., Rochester, N. Y. 
Nelson, Wm., Esq., N. J. 
Noble, Dr. 0. W., Cleveland. Ohio. 
Nordeman. II. F., M. D-, N. Y. 
Norman. l)r. Connolly. Ireland. 
Normile, Judge, St Louis, Mo. 
North, Jas. M., Esq., Boulder, Col. 
O’Dea.. Dr. J. J , N. Y. 
Ogston, Prof. Frank. N. Z. 
O’Neill. Wm. L , New York. 
Orme. Dr. H L.. Cal. 
Owen, Dr. May. Brooklyn. N. Y. 
Paddock, Dr. Frank K., Mass. 
Paine, Dr. N. E.. Westboro, Mass. 
Palmer, Dr. W. H., R, I. 
Palmer, Judge A. L., Fredericton. N. B. 
Parker. Wm. James, M. D., Tennessee. 
Parsons, R. L., M D., N. Y. 
Peet, Dr. Isaac Lewis, New York. 
Peixotto. Benj. F., Esq-,N. Y. 
Peuard, Dr Louis. France. 
Perez,Ed- M. ,M. D., Buenos Ayres, S. A. 
Peters .Dr. .Supt.Colony at Gheel,Belgium 
Peterson. F., M. D„ New York. 
Phillips, Dr J. W., Burn Brae. Pa. 
Pinkham, Dr. J. G., Mass. 
Pompe, Dr. I,. II., Holland. 
Powell. Dr. Thos. O., Ga. 
Pratt, Joseph Calvin E.. N. Y. 
Prentice, Col. Wm. P., New York. 
Presby, Silas D., M. D., Taunton, Mass. 
Pusey, II. K , M. D., Kentucky. 
Quimby, Dr. Isaac N., New Jersey. 
Rauch, Dr. J. H., 111. 
Reese. Prof. J. J., Pa. 
Renton, A. Wood, London, England. 
Rice, Dr. 0. A., Miss. 
Richardson, Dr. H. L., New York. 
Ringold, Jas. T. Esq., Maryland. 
Ritti.Dr. A.. France. 
Roberts, J. D-, M. D.. N. C. 
Robinson, Henry. Esq , N. H. 
Rochester, Thos. M.. M D., B’klyn, N. Y, 
Rodrigues, Dr. Bettincourt. Portugal. 
Roe, Dr. J. O., Rochester, N. Y. 
Root,. Ed. K., M. D.. Conn. 
Rumells, Dr. O. S., Indianapolis, Ind. 
Russell, F. W., M. D., Mass. 
Ruvsch, Dr., The Hague, Holland. 
Sale, Dr. E. P., Mass. 
Sawyer, Dr. A. J., Monroe, Mich. 
Schultz, S. S., M. D . Danville, Pa. 
Semal, Dr., Mons, Belgium. TO THE INTERNATIONAL CONGRESS. 
XLVII 
Shepard, Chas., H., M. D., B'klyn, N. Y 
Shepard. E- F., Esq., New York. 
Smith. C. Baitibrige. Esq., N. Y. 
Smith, Nelson, Esq., N. Y. 
Smith, Q,. Cfncinnatus, M. D., Texas. 
Smith, It. E., M. D., Missouri. 
Smith, S. W., M. D., New York. 
Somerville, Judge H. M., Alabama. 
Spadaro, Dr. C-, Italy, 
Squire, Ex-Gov. W. C., Wash’ton Ter. 
Stackpole, Paul A., M. D.. N. H. 
Stanton, Dr. J. V., New York. 
Stark, Henry S., M. D., N. Y. 
Stearns, II. P., M. D., Hartford, Conn. 
Steenberg, Dr., Denmark. 
Steeves, J. T., M. D., New Brunswick. 
Stephen Smith. M D., New York. 
Stern, Dr. Heinrich, N. Y. 
Sterne, Simon, New York. 
Stevenson, W. G., M. D., New York. 
Stewart, Judge D., Baltimore, Md. 
Stillings,Dr. F. A , N. H. 
Stillman, Dr. C. F., New York. 
Strahan, S. A. K., Northami ton, Eng. 
Stratton, Morris H., Esq., N. J. 
Strauss, Oscar, Esq., N. Y. 
Taladriz, Hon. A. M. Alvarez, Spain. 
Talcott, Dr. Selden H., N. Y. 
Tallmage, Rev. T. DeWitt., Brooklyn. 
Taylor, John M., Esq., Conn, 
Taylor, Dr. Phillip K., R. I. 
Taylor, Dr W. II.. Mass. 
Thomas, Julia., New York. 
Thomas. Mrs. M. Louise, New York. 
Thwing, Ed. P.. M. D., New York. 
Tompkins, Henry C., M. D., Ala. 
Tourletto, Dr. L. A, Utica, N. Y. 
Towne, Dr. Geo I)., N. H. 
Traver, Dr. R. D., Troy, N. Y. 
Tucker, Dr. Geo. A., New South Wales. 
Tucker, Rev. Wm.. Ohio. 
Turner, Henry E., M. D., R. I. 
Tuttle, Dr. W. L., N. Y. 
Twitchell, Dr. Geo. B., N. H. 
Tyndale, Theo. IL, Esq., Boston, Mas*. 
Ullman.Hon. H. Charles, Col. 
Valentine, F G. M. D., N. Y. 
Vanderburgh, Dr. E. P., Buffalo. 
Vanderveer, Dr. A., N. Y. 
Van Persyn. Dr., Holland. 
Vaughan.Prof. Victor, C.AnnHarbor, Mich. 
Verga, Prof. Senator Andrea, Italy. 
Vleminckx, Prof. Dr. D., Belgium. 
Von Klein, Dr. Carl H., Ohio. 
Wait. W. B., M. D., New York. 
Waite, Herschell, M.D., N. Y. 
Wallace, Dr. C. H., St. Josephs, Mo. 
Wallace, Dr. D. It., Texas. 
Walsh, Dr. J. F., Camden. N J. 
Walter, J. F., Esq., New York. 
Ward, J. W., M. D., Trenton. N. J. 
Ward, Dr. W. A., Conneaut, Ohio. 
Wardner, Dr. Horace, 111. 
Waterman, Dr. Sigismund, N. Y. 
Westbrook, B. F., M. D., Brooklyn, N. Y 
Westbrook, Judge ft. B.- Pennsylvania. 
Weston, Dr. E- B.. Chicago, 111. 
White, Dr. E. D., New Orleans, La. 
Whitehouse, Dr. E. E., Batavia, 111. 
Wight, Dr. J. S,N. Y. 
Wilcox, Ansley, Buffalo, N. Y. 
Wilcox, Geo. D., M. D., Rhode Island. 
Williamson, Dr. A. P., Middleton, N. Y., 
Wille, Prof. Dr. L , Switzerland. 
Wise, Hon. John S., N. Y. 
Wise. P. M., M. D., Willard, N. Y. 
Wolff, Arthur S„ M. D„ Texas. 
Wood, O. J., M. D., New York. 
Woods, Dr. Justus O., N. Y. 
Wood, Dr. W. D., Jamaica, L. I., N. Y. 
Wright, Dr. Amelia, New York. 
Wright, T. L., M. I).. Ohio. 
Wylly. Dr. King. Fla. 
Yandell, Dr. D. W., Ky. 
Young, R. E., M. D.. Mo. 
Young, D., M. D., Selkirk, Man. 
SUPPLEMENTARY LIST. 
Hedonius, Prof. Dr., P., Upsula. Sweden. 
Heudrixch, Dr. J. J., Voorburgh te 
Vucht, Holland. 
Liszt, Prof. Franz von Halle, Germany. 
Morton, Dr. Thos. G., Phila., Pa. 
Upstrom, Judge Wilhelm, Stockholm,. 
Sweden. 
Zegarra, F. C. C., Peruvian Legation, 
Washington, D. C. 
SECTION WORK. 
The Sections on Hypnotism, International Penal Law and Physhical 
Research will be separately formed, from members or others interested in 
these studies, with an enrolling fee of $1.25, under the management of a 
Committee for each Section. Those wishing to enroll in either Section, 
will send their names to the President or Secretary.