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

160 &. AMERICAN STATE TRIALS.

insane delusion is of a character the tendency of which is to
steal it will not excuse a homicide. The act is to be judged
alwaya by the nature of the delusion, and of the facts and
circumstances insanely believed to exist, and which for thia
purpose are to be taken by the jwry in reality to exist, and
the moral and legal status of the act determined accordingly,

3a Class. Another class of cases of insanity which exempta
ita unfortunate victim from legal accountability is where, in
eonsequence of mental disorder, the person labors under de-
Jusions, the necessary tendency of which is to break out into
acta of violence and of blood, without-the power of self-re-
straint, and where although clearly perceiving the moral
enormity of the act, he is incapable of resisting the insane
impulse which urges him on to its commission; in short,
where the act is the necessary result of uncontrollable mono-
maniae impulse, and not that of a free agent, who is the snb-
ject of moral influence and governed by will To establish
this species of insanity as a justification in the case before
you, clear proof, or such as will satisfy your minds with a
reasonable certainty of ita existence and presence at the time
of the killing of Mr. Gordon should be produced, or at least
the existence of a tendency exhibited on previous occasions,
becoming habitual and confirmed; and where, in addition,
the facts and circumstances attending the killing are consist-
ent with the hypothesis and confirme its existence and pres-
ence at the time.

But the jury are admonished that the law presumes every
man sane, and to possess 8 sufficient degree of reason and
freedom of will to be accountable for his acta, until the con-
trary is established with reasonable certainty. But, on the
other hand, if the jury should find the fact of insanity in
any of its various forms and degrees above gpoken of is es-
tablished by the evidence in the canse, with reasonable cer-
tainty, then every consideration of reason, of law, of human-
ity and pity for the unfortunate appeals to your sense of
justice and of right in behalf of the prisoner, and demands
his acquittal at your hands,