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Show VICTIMS OF ALCOHOU' Fhe Identity ExUMiik Between Imanltj j and Chronic Inebriety. What is called the jurisprudence of ine-oriety ine-oriety is a new department of medico-legal science that offers material for entertaining entertain-ing speculation, and develops a new and interesting phase of the much-discussed iiquor question. Dr. T. D. Crothers, editor of the Journal of Inebriety, has attempted to establish an identity between insanity and alcoholism of sufficiently close character char-acter to warrant a radical departure from existing judicial methods in the treatrac jf criminals whose lawlessness is manifested mani-fested under the infiuenoe of liquor. Enough disputation over such criminals has occurred oc-curred recently, Bays the Boston Herald, i.o give Dr. Crother's views the merit at Least of timeliness, -and throughout the country there are enough cases of the character char-acter that he treats of pending judicial decision de-cision to tnake peculiarly interesting any suggestions in the line of a change of judicial judi-cial method. . i-t & The three theories which the medical gentleman pointed out in his address on "Medico Legal Problems of Inebriety" before be-fore the Massachusetts Medical Society as prevailing in the treatment of alcoholic 'riininals are these The ethical and moral new, which holds that drunkenness is ar indication of personal depravity, that it de velons along the line of animal gratification, and that it should receive the most positive censure and punishment of ecclesiastical and lay power. The legal view was next cited, as that which assumes that inebriety is the manifestation of a lawless instinct that is essentially hostile to the spirit of law and ofSer, and that &s such it ought to be severely punished. The next theory, which is the one that elicits Dr. Crother's approbation appro-bation and support, is the scientific and medical view which considers the appetite intoxicauts a manifestation of a constitutional consti-tutional disorder, which may be due to a multitude of causes for which the victim may not in any sense be responsible. It may be a symptom or a coincident of insan it 7, or insanity in turn may be a symptom of inebriety. in-ebriety. Medico-leg? Jly this -theory would regard the drunkard as incapacitated foi action involving consecutive conscious effort of a reasoning and reasonable nature. The acceptance of this view would establish estab-lish a new method of judicial treatment for drunken criminals or criminals with defined de-fined alcoholic taste and tendency. It would practically abolish the penal judgment, judg-ment, which is often so hard on the victim 'of alcohol, and the alcoholic maniac, as he would bo caiied, would be treated on therapeutic thera-peutic grounds by supMhetio scientists. The fuiitlaiueuittl pfrA rf-fciris thcoryts that physical causes are accountable for the al cohoiie habit, and that only by treat ment based on physical principles can the dread malady be eradieat ed. The insanity of the victim of drink musf, be assumed, and the burden of proof is on the prosecution to prove that the prisoner is sane, the natural and proper sutiiptioa being in the opposite direction. Uiven facts reasonably accurate, the plain statement that a drunkard is a lunatic is it-self it-self evidence of the kind that lawyers call prima facie. Nevertheless, the sentiment of the judicial powers is frequently manifested mani-fested in contradiction of this idea, and one notable instance where an alleged inebriate was hauled was cited by Dr. Crothers to illustrate il-lustrate the impression, erroneous hi: claimed, that a criminal under alcoholic influence in-fluence is cognizant of and responsible fur his misdeeds. John H. Swift shot his wife July 7, at Hartford, Conn. In December of the same year he was tried and sentenced to be hanged a year later, April 5, 1SS9. The Legislature was appealed to to commule his sentence to life imprisonment. The Judiciary Judi-ciary Committee made an exhaustive examination ex-amination of all evidence and new testimony testimo-ny offered, and reported in favor of commutation. commu-tation. Both bouses of the Legislature voted to sustain the report, and commute the sentence to life imprisonment. An adverse ad-verse wave of public sentiment caused the Governor to veto the action of the Legislature; Legisla-ture; and soinfluencea the members of one body that they failed to sustain their former vote. Hence Smith was hanged April IS, He was a chronic inebriate, and had been drinking to great excess for weeks before be-fore the murder. The defense claimed that Swift was incapable of deliberation and premeditation pre-meditation at the time of the crime, from the effect of continuous intoxication. No medical testimony was called. The prosecution prose-cution claimed premeditation, malice and a full comprehension of what he was doing. . Dr. Crothers cited this case as au instance in-stance of hereditary aicoUoiism. Swift's father, who was an erratic man, had au apoplectic seizure at twenty-four years of age. Swift's grandfather on his mother's side was a drinking man. His only son was a chronic inehriate; the other four children, of which Swift's mother was one, were ail exceedingly nervous and some of them hysterical Swift himself was always a weak child; had brain fever in infancy, scarlatina and violent nasal hemorrhages in youth. He had ben in the reform sciiool at Meriden. Conn., and in manhood was an excessive drinker. - - |