Show I INSANITY AS LEGAL DEFENSE Expert Alienist and Neurologist From St Louis Believes Hooper S Young Is a Lunatic o I I 1 I The relation of mental disorders to crime a topic that Is of especial interest Inter-est to the people of Salt Lake just now was discussed last night by Di C II Hughes of St Louis a gentleman known In Europe and America for his profound knowledge of all nervous troubles I Dr Hughes vas subpoenaed as a witness wit-ness tor the defense at the I trial of Charles J Gulteau the assassin of President Garfield but was unable to attend the trial He did however ap pear as an expert witness nl thc trial of Deustrow themllllonalre vho mur dered his wife and child In St Louis and was executed for his prime Gui leau was In Dr Jlughess opinion Insane In-sane of the type called the political paranoiac while Dcustrow as he tcs tilled at the trial was sane and per fcilly responsible for his acts The doctor Is the editor of the Alienist Alien-ist and Neurologlsl a highclass solen uric monthly nnd president of the Barnes Medical collugc In St Louis He has been to California and Is I now the guest of K W Duncan on East First South street He will leave for the Easl tomorrow His views on Insanity as a defense for murder arc given In the following words Insanity as distinguished from Immoral Im-moral or erratic or In any way Irregular Irregu-lar conduct Is overpowering brain disease causing otherwise unaccountable unaccount-able change of character In the Individual Indi-vidual as compared with his natural self It Is natural to the character of some men to be vicious to be mean Immoral singular In speech or conductor conduct-or both It Is only when a disease can ho proven to have changed the character of Lime individual so as to make him do things or say timings not natural to himself that insanity can be reasonably suspected If all heinous hein-ous crimes singular condu6t or outlandish out-landish speech arc regarded as Insanity Insan-ity without disease causing It no line of cJmn rim lion can properly be drawn between Ice Immoralltj and folly No plea of Insanity In a criminal case should be considered valid unless the conduct or speech or writing of the Individual can be clearly prqyon to have resulted directly from preexisting preexist-ing disease involving tho brain In such disorder as to cause the peculiar mental men-tal action It is tho disease of the ncrvoun s stem s-tem Involving and overmastering the brain so as to cause the peculiar speech or conduct that constitutes Insanity The subject Is I > it problem for the study of the expert neurologist and not tho ordinary general physician S A man should know by ample clin ical observation and experience tim relationship of brain and mind and of disease to both to pass Intelligently upon tho subject The trouble before Juries Is In admitting 1 ad-mitting all medical testimony as of value The testimony of an ordinary medical I man with ordinary I experience not hlivlnr studied surgery especially Is not admitted li a surgical ase as of much surgical value The tesllmonj of an Individual who has not had more thnn ordinary experience In observing the phenomenon of a mind diseased as It can only be studied in Institutions where a number of inrane persons arc congregated Is I not generally time most competent person lo decide as to the existence or nonexistence of Innanlty In an i individual Thus It Is I that In communities where repealed murders have been committed and a case In one Instance of wellestablished Insanity is made out by competent expert estlmony other real and rational murderers sometimes go free of Just punishment on the same pleu furnished by Inexpert Inex-pert medical testimony until that plea sooner or later passes into disrepute and after a time no really insane person per-son can get Justice This grows out of the customs of lawyers making use of time plea of insanIty In-sanIty where the hope of freeing their clients In Il forlorn one As a general rule where a capital crime appears without the ordinary Incentive In-centive such as revenge Jealousy or the concealment of other crime It Is reasonable prima facie 10 susppcl Insanity In-sanity but to establish the Insanity a disease basis Involving the brain < md Impelling the act should be shown In my Judgment there will never be satisfactory expert testimony until the law provides for the emplojmcnt of a salaried expert as an amlcus cum rlae or friend of the court Independently Independ-ently of either side But that should not deprive counsel on either side from gelling all the experts he desires You probably could not take away the right of a defendant to have his own expert witnesses medical or otherwise Speaking of the Pulitzer murder in New York Dr Hughes said he was satisfied thai future developments vlll prove Hooper Young the alleged murderer mur-derer to be Insane The physician was asked concerning the strange case of Elmer MacIIroy the Glcnwood Springs man who lost the memory of his past life and replied that such cases weri5 not uncommon He predicted pre-dicted that sooner or later his memory would bo restored and when It did come back ho would begin living where he left off and the events that have transpIred since his accident would be obliterated |