042 Slide – American State Trials 1918 Volume X Leo Frank Document

10 X, AMERICAN STATE TRIALS.

say nothing of each trying to convict the other. It would
make no difference. Both are equally guilty. But, I know
from depositions on file in this case, that the main effort in
defense of this man will be to show that he is not responsible
for his conduct by reason of insanity. After the evidence is
before you it will be a hopeless task to endeavor to argue that
the defendant did not commit the act charged against him.
No human eloquence would suffice to throw a doubt on that
point; but the effort will be to show that, although he did
the act, he is not responsible, because of insanity. I there-
fore call your attention to this plea, at this time, and lay down .
eertain legal principles in regard to it. I call your attention
to it at this time, because I wish you to view all the cireum-
stances of this case, as they are detailed before you, and from
them judge whether the man was insane at the time of the
commission of the act, For on this the question will turn:
‘Was he ingane at the time of the act done? It is not material
how eccentric or even insane he may have been at a previous
time, if he was of sound mind at the time of the act done.
And I wish you, in judging of this matter, to use your own
eommon sense and knowledge of the human mind. After all
the learning which may be displayed the determination of the
matter must rest in your common sense and judgment. The
question is about the human mind, and every man having a
mind ia capable of forming some judgment on the subject. It
is not sufficient that a man may have had eccentric ancestors
or relations, or even crazy ones, or that he may himself have
been eecentrie and erratic. These things are admissible in
evidence only as they bear upon the question as to what was
the condition of his mind at the time of an act done. You
may eall an eccentric man erazy, but he is not. The deposi-
tions which the defendant will produce in thia case do not
prove that he was ever crazy. A drunken man may be said
to be crazy, yet when was drunkenness ever held to be an
excuse for crime? Men sometimes make themselves volun-
tary demons, Is this insanity? Is this an excuse for crime!
A moat convenient cloak for crime would this be for any man
to make himself a voluntary demon for that purpose! Mere