The Trial of the Assassin
In his celebrated defence of Hadfield,
for shooting at the King, Lord Erskine said: “The scene which we
are engaged in exhibits to the whole civilized world a perpetual
monument of our national justice. The transaction, indeed, in every
part of it as it stands recorded in the evidence, places our country
upon the highest pinnacle of human elevation.” These words of the
greatest of forensic orators have not lost their significance after
the lapse of a hundred years and in the midst of a different and
distant phase of Anglo-Saxon civilization. Erskine spoke for the
supremacy of English law as against the turbulance [sic]
of popular passion, and his language applies with great force and
precision to the sovereignty of American law as it has just revealed
itself in the trial of the assassin of the President.
From the medico-legal standpoint,
however, it cannot be said that the trial of Czolgosz equals in
interest and importance the trial of Hadfield. In fact it can hardly
be claimed that the case of the President’s assassin had any medico-legal
aspect, whatever. If it had any such aspect, this was most successfully
kept out of public view in court. The trial of the case, which from
the purely legal standpoint was, we should judge, perfect in its
form and setting, was on the other hand singularly barren and uninstructive
for all the purposes of medical jurisprudence. This can hardly be
because the case was really lacking in all elements of medico-legal
interest, for the eminent counsel for the defence had no sooner
come from the trial than they both announced in the public press
their belief that their client was insane. We are therefore privileged
to wonder why they were so reticent on the subject when the case
was still before the jury.
From this point of view we venture
to predict that this case will always be looked upon as somewhat
of an anomaly. It is certainly without precedent in this country
for counsel for a prisoner to entertain a firm belief in that prisoner’s
insanity, and yet to put no witness on the stand in support of that
belief. In fact this trial was marked by rather an apologetic attitude
on the part of the learned counsel for the defence, which was hardly
in keeping with the traditions of the bar. It was Erskine’s boast,
in the case of Hadfield, that it was his privilege to defend the
accused, who was “covered all over with the armor of the law.” He
based that defence on the prisoner’s insanity, but he did not wait
to proclaim his belief in that insanity until after the close of
the trial. We speak simply in the interests of medical jurisprudence,
and we cannot help but feel that the learned counsel have rather
spoiled a fine situation by speaking as they did out of court.
As to the prisoner’s mental state,
we do not presume to raise a doubt other than that raised by his
own lawyers. The experts who examined the accused were not put on
the stand, and the inference is that either they were not wanted
or that they had nothing to say.
The trial of the case was dignified,
solemn and expeditious. The American public is to be congratulated
that there was no repetition of the scenes that disgraced the trial
of Guiteau. The medical profession, on the whole, is perhaps just
as well satisfied that its services were not required in the prisoner’s
behalf.
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