6. For this purpose, he must be skilled in three departments of science.

(_a_) In _law_--sufficiently to understand what are considered by the

courts as characteristic marks of an insane mind, and what amount of

sanity the courts require to hold a culprit responsible for his crime or

a contract valid in its effects.

(_b_) In _psychology_--to such an extent that the expert witness can

speak analytically and correctly as to the properties and actions of the

human mind.

(_c_) In _medicine_--so far as concerns the treatment of the insane, and

the understanding of their peculiarities, so as to reason from them by

induction to the real condition of the client's or patient's mind.

But the main requisite for an expert witness is to understand clearly in

what insanity properly consists, and how far it ought to excuse an

insane man from bearing the consequences of his acts.

III. This two-fold knowledge is obtained by the psychological study of

insanity, on which study we are now to enter, and it is the principal

point in this whole matter.

Insanity means a want of soundness; he is insane whose mind is not

sound, but is deranged, and therefore, like a machine out of order, it

cannot properly perform its specific task, namely, to know the truth of

things. An insane man cannot judge rightly.

1. Insanity takes various forms, which may be reduced to two kinds, with

the doubtful addition of a third kind, namely, moral insanity, of which

we shall speak in our next lecture.

The first kind consists in the total want or gross torpor of mental

activity. When there is a total, or nearly total, eclipse of the

intellect, the disease is called _idiocy_, the state of an idiot. When

there is an abnormally low grade of the reasoning power, it is styled

_imbecility_. The failure or decay of reason in old age is called

_dotage_.

The second kind of insanity is called _illusional_ or _delusional_. In

it the intellect is not impotent; on the contrary, it is often unusually

active; but its action is abnormal, its conclusions are false. Not that

it reasons illogically or draws conclusions which are not contained in

the premises. Very keen logicians may be demented. Their unsoundness

arises from the fact that they reason from false premises; and they get

their false premises from their diseased imaginations, whose vagaries

they take for realities.

2. Here a difficulty presents itself, which we must explain at once,

namely, how can there be unsoundness of mind at all? Is not the

intellect of man a simple power, and his soul a simple being? How can a

simple being become deranged? Can that which has no parts become

disarranged, disorganized? I answer, the soul is a simple being, its

intellect is a spiritual faculty; and therefore we never say that the

_soul_ is insane, nor should we say that the _intellect_ is insane or

diseased; but we say that the _mind_ is deranged or insane; the mind

comprises more than the intellect; it designates the intellect together

with those lower powers that supply the materials for our thought, the

chief of which is the imagination. Now the imagination is an organic

faculty: it works in and by a bodily organism, which is the brain.

Therefore, when the brain is not in a normal condition, the action of

the imagination may be disordered. And the intellect or understanding of

the spiritual soul is so closely united in its action and its very being

with the organic body that the two ever act conjointly, like the two

wheels of a vehicle. If one wheel breaks down, the other is thrown out

of gear. Thus it is readily understood that mental unsoundness is an

affection of the brain, a bodily disease, which may often be relieved

and even cured by bodily remedies, by the use of drugs or wholesome

food, healthy exercise, fresh air, and all that benefits the nervous

system.

Pathologically considered, the nerves may be too excited or too sluggish

and torpid; and we have as the result two subdivisions of mental

insanity--_mania_ and _melancholia_. The differences between these two

are very striking; as they proceed from opposite causes they produce

opposite effects, and, therefore, they betray themselves by very

different manifestations; but in one point the two agree, and with this

point precisely we are concerned, because in it lies the essence of

mental insanity, namely, that both produce a disordered action of the

imagination.

3. The manner in which the imagination co-operates in mental action is

this. It presents to the intellect the materials from which that power

forms its ideas. When we see, feel, hear, taste, or smell anything by

our bodily senses, our imagination takes note of the object perceived by

forming a brain-picture of it which is called a _phantasm_. I do not

mean to say that it forms a photographic picture of the object; for

there can be no photographing taste or smell or feeling; but it forms an

image of some kind which it presents to the intellect. This power at

once proceeds to form, not a brain-picture, but an intellectual or

abstract image of the object presented. For instance, you see this book,

and at once you, in some mysterious way which has never yet been

explained, impress some image of it on your brain. That you do so is

clear from the fact that the image remains when the book is withdrawn.

That material image or brain-picture is the _phantasm_. It is not an

_idea_, though it is often improperly so called. But your intellect

forms to itself an idea of a book; that is, you know what is meant by a

book. You distinguish between the mere form of a book and the book

itself. Your idea of a book is a universal idea, which stands for any

book, no matter of what shape or size. Every phantasm, or brain-picture,

is a representation which presents its object as having a definite shape

or size, while your idea of a book ignores any shape or size. And yet,

when your intellect conceives a book, your imagination will picture some

particular form of book. If your brain became so affected by disease as

to be unfit for the formation and retention of the proper phantasms,

then your intellect either would not work at all or it would work

abnormally; your mind would then be insane.

4. Now, in an infant the brain is still too soft and imperfect to form

the proper phantasms from which the intellect is to elaborate its ideas.

A false school of psychology would say that the infant's brain cannot

yet _ideate_; but that is incorrect language. No brain can ideate or

form ideas; an idea is an intellectual or mind image, not a brain image;

it is an abstract and universal image, and matter cannot represent but

what is concrete and individual. Only a simple and spiritual being, the

rational soul, can form ideas. Nevertheless our soul, in its present

state of substantial union with our body, is extrinsically dependent on

the body; to form ideas it needs to have the sensible object presented

to it by a phantasm or brain-picture. Now, a child born blind and deaf,

and thus having its mind, as it were, cut off from communication with

the outer world, could scarcely form the necessary phantasms, because

the clogged senses could not supply proper materials for them; such a

child would, therefore, be apt to remain idiotic. And even in children

whose outer senses are sound the brain or the nervous system may be too

imperfect to allow of its forming proper phantasms. In this torpor of

the mind then consists the first kind of mental unsoundness, that of

_idiocy_, or its milder form _imbecility_. In old age, and in peculiar

diseases, the worn-out system may return to a second childhood, then

called _dementia_ or _dotage_. The existence of such species of insanity

is not difficult to discover.

5. The second and more common form of insanity, and that which it is

often difficult to discover and pronounce upon with certainty, is that

which I have called _delusional_ or _illusional_. Its characteristic

trait, its very essence, lies in this, that the insane man mistakes what

he imagines for what is real; and he cannot be made to distinguish

between imagination and reality, though the difference is obvious to an

intellect in its normal state.

In this connection, it is well to point out a distinction, not always

observed, but useful to explain the workings of an insane mind, between

_illusions_, _hallucinations_, and _delusions_.

(_a_) An _illusion_ is properly a deception arising from a mistake in

sense-perception; as when a half-drunken man sees two posts where there

is only one. He has a picture of the post in each eye, and his brain is

too much disturbed to refer the two pictures to the same object. In this

case the cause of the mistake is subjective. A _mirage_ offers another

instance of a sense-illusion; but in it the cause is objective.

(_b_) A _hallucination_ is a creation of the fancy mistaken for a

reality. The deception may be but momentary, as when Macbeth is stealing

on tiptoe to the chamber of his guest to murder him. His mind is

disturbed by the imagination of the horrid deed he is about to

perpetrate. He thinks he sees a dagger in the air, and he says: "Is this

a dagger that I see before me, its handle towards my hand? Come, let me

clutch thee. I hold thee not, and yet I see thee still; and on thy

dudgeon gouts of blood, which was not so before." But Macbeth, upon a

moment's reflection, sees it is all imagination. "There's no such

thing," he exclaims. He is not insane, though deceived for a while.

(_c_) A _delusion_, on the contrary, is a permanent deception, whether

it results from an illusion or a hallucination, it matters not; as a

fact, it almost always originates in hallucinations. The deluded man

clings to his imaginings; you cannot talk them out of his head. Such is

the case of an inebriate who suffers from _mania a potu_, or "the

horrors;" he sees snakes and demons, he thinks, and persists in his

error. Such also is a fixed idea not arrived at by faulty reasoning, but

come unbidden and proof against all reasoning and evidence. Thus an

insane man may be convinced, solely by his imagination, that he is

poisoned or pursued or conspired against.

6. This delusion constitutes the essence of mental insanity, which

therefore is often called delusional insanity. It may be chronic, i.e.,

of long continuance, or it may be temporary, acute. For the time being,

the effects are the same. Perhaps any man may, at times, be for a moment

thrown off his guard, and mistake a fancy for a reality; this does not

constitute lunacy. But when the error is so firmly held in the mind's

grasp that nothing can dislodge it thence, then the mind is deranged in

its special sphere of action, which consists in knowing the real from

the unreal; the mind is then insane.

You notice, gentlemen, that I speak of the mind as grasping the error,

and I suppose it to do so independently of the free will's command. But

when the error is voluntary; when a man clings to it simply because he

loves it; when he hugs a delusion to his heart, this shows not mental

but moral obliquity; it is not insanity but self-deception, and it is by

no means of rare occurrence. In a well-reasoned article on "The

Metaphysics of Insanity," written by Mr. James M. Wilcox and printed in

the "American Catholic Quarterly Review" for January, 1878, some very

severe and no less true strictures are made upon the readiness of a vast

multitude of people to practise this wilful self-deception. "Self," he

writes (p. 54), "is the prolific origin of such errors; and so indulgent

are we to its faults that we try secretly to hide them even from our own

eyes, mostly with success; and where success is not perfect, we make a

second effort to hide the imperfection. Repeated efforts of this kind,

from which we but half turn away, are crowned in the end, and we soon

forget what successful hypocrites we have been. Our numerous passions,

the complexities of our desires, the tenacity of their grasp, and the

pleasant gentleness of its touch explain an infinity of temptations

followed by wilful successes in blindness, all of which are nothing less

than guilty acts of self-deception."

7. It oftens happens in real insanity that mental derangement manifests

itself upon one error or one group of errors only, while for all the

rest the patient appears to be quite rational. Such a man is called a

_monomaniac_. But he is truly an insane man; for the essence of insanity

is in him. It is usually found that a monomaniac will, sooner or later,

exhibit signs of mental unsoundness on other matters as well; and even

while he has given no such signs, it still remains true that a mind

cannot be trusted, but has something radically unsound about it, if it

is really unhinged at any point at all.

But then you must be very careful not to confound monomania with

eccentricity. The distinction is as important as it is real.

_Eccentricity_ is a conscious aberration from the common course of life;

it consists in peculiarities in reasoning, words, and actions, which are

wilfully indulged, in defiance of popular sentiment. The eccentric man

knows that he is eccentric; he is willing to be so, and to take the

consequences; but he is not insane.

As this matter is of frequent occurrence before the courts of justice,

and the validity of last wills in particular often depends on the view

that judges and expert witnesses take of it, I think it well to refer

the earnest student for further information to Wharton's and Stillé's

"Medical Jurisprudence," in the volume on "Mental Unsoundness and

Psychological Law;" in particular to secs. 29, 38, 39, 40.

8. We must now return to the consideration of the manner in which the

disturbance of the brain may affect the mind. The brain is a storehouse

of records of things formerly noted there by the imagination, either as

the results of sense perception or of arbitrary combinations of

phantasms; it is a library of facts and fancies. And these are not

single, but grouped together, so that when one is stirred it will arouse

others as well. When the brain is affected, whether by an acute or a

chronic derangement, its images may become so disordered that records of

mere imaginations get mixed up with records of real perceptions in

inextricable confusion. You may have had occasion to notice the process

in the case of a man who is becoming intoxicated and then passes on to

_mania_ or _delirium tremens_: he gradually proceeds to mix up

brain-pictures with realities, and after a while he speaks and acts like

a very crazy man. He is in a kind of dream; his imaginations are wild

and disconnected, his language is incoherent.

The delirium arising from violent fevers, for instance from typhoid

fever, is very similar to that arising from the excessive use of

intoxicants and narcotics; similar in these respects; that the mania is

only temporary, and that the exciting cause is not altogether unknown.

The _bacilli_ of the infection, like the alcohol, the opium, the

morphine, or other drugs, are accountable for the disordered action of

the brain. But I do not pretend to know, nor do medical writers

generally pretend to understand, _how_ the poison, or whatever causes

the disease, gets to affect the brain. Does it do so directly, or by

means of the alteration it causes in the whole nervous system or in the

blood? We do not know; nor does it matter for the purposes of Medical

Jurisprudence.

IV. The questions with which the courts of justice, the lawyers, and the

expert witnesses are concerned are these: Is the man really insane? Or

was he insane at a given time when he performed a certain civil or

criminal act? Is he now, or was he then, so far controlled by his mental

unsoundness as to be incapable of acting like a rational being

accountable for his actions? Even if he is now, or was then, a

monomaniac, can the deed in question be traceable to his monomania as to

its real cause?

1. When we know that a man is suffering from a fever, or has been

drinking to excess, or has been addicted to the use of morphine, opium,

cocaine or to similar deplorable practices, it is then easy enough to

conclude from this that he is not in his right senses; knowing the

cause, we can fairly estimate the effect. But in many cases of

delusional insanity the cause is hidden; neither pulse nor other medical

test betrays it. Whether the mind is sane or not is then to be found out

from the man's words and actions; and these may be affected for a

purpose: he may play the fool to escape punishment.

2. Phrenologists have pretended that the peculiarities of a person's

mind could be known by the conformation of his brain, and even by the

elevations and depressions of the skull. But brain and skull do not

always correspond with sufficient closeness; and besides, Sir William

Hamilton has shown conclusively, I believe, that phrenology is quackery;

its principles are not scientific and its observations not reliable. He

points out, among other errors, that while women as a class are more

religiously inclined than men, what phrenologists call the bump of

reverence, an important element in religious sentiment, is generally

more developed in men than in women, and is often most conspicuous in

reckless criminals.

Nor is it at all certain that a lunatic's brain, if it could be examined

with a microscope while he is alive, would exhibit the marks of any

disorder to the eye of the observer. It is stated by Dr. Storer that

the results show that "insanity may exist without structural changes of

the brain, and that structural changes in the brain may exist without

insanity." Dr. Bell, of the Somerville Asylum, says that "the autopsies

of the insane generally present no lesion of the brain." Dr. Bucknil

maintains that "the brains of the insane appear to be certainly not more

liable than those of others to various incidental affections." Nor has

the microscope discovered in the demented any exudation or addition to

the stroma of the brain, or any change in size, shape, or proportional

number of its cells. Dr. Storer concludes: "It is thus seen not merely

that there is no direct correspondence between the exterior of the skull

and mental integrity, any more than between the exterior of the skull

and the shape and consistence of its contents" (Wharton and Stillé,

"Mental Unsoundness," sec. 323). In the cases of insanity among women,

the causes are largely to be found in derangement of their productive

organs, and are to be met by special local treatment (ib.).

It does happen, however, at times, that the brain itself is diseased,

_idiopathically_ diseased, as it is technically called; but at other

times it is merely affected by _sympathy_ with some other organ that is

physically deranged. A physical cause there is for all mental insanity,

and that physical cause determines its kind of mania or melancholia, its

duration, its chances of a perfect cure. But what that cause is in a

given case is often very hard if not impossible to determine. Besides

natural and inherited predispositions--some taint of derangement in the

family, often betrayed by fits of epilepsy, hysterics, etc.--exciting

causes are usually traceable. Every form of disease may bring on

sympathetic affection of the brain when the circumstances for such

affection are favorable.

But while affirming that the disease usually arises in the body, and

even frequently in parts far removed from the brain, we must not deny

nor ignore the fact that intellectual and protracted worry, or sudden

and violent grief, can also be the direct cause of disturbance in the

brain. For the brain is the organ not of the imagination alone, which is

put to an unhealthy strain by excessive mental labor, but probably also

of the passions, whose emotions when excessive may cause even permanent

lesion. Hence mental insanity may and does often arise from ill-subdued

passions.

The knowledge of all this may enable the physician to remove the

exciting cause or to mitigate its influence; it may also aid expert

witnesses, judges, lawyers, and jurymen to ascertain the main fact with

which the courts are concerned, namely, the presence or absence of

mental insanity at the time of a given civil or criminal action.

V. Supposing then that, in the case before the court, the fact of

insanity is established, the next question of Jurisprudence to determine

is this: How far and why ought such unsoundness of mind to exclude

responsibility for deliberate acts?

It is a clear principle of reason that no man can justly be blamed or

punished for doing what he cannot help doing; now an insane man cannot

help judging wrong at times; he cannot then justly be blamed for acting

on his mistaken judgments. If he invincibly judges an act to be morally

good whereas it is morally bad, no matter how criminal the act may

be--say the killing of his own father or child--if he commits the deed

with the full conviction that he is doing right, he cannot be blamed or

punished for committing that awful crime.

The principle then is clear that an insane man is not to be held

responsible to God or man for his insane acts. For the root and reason

of our responsibility for an act lies in the fact that we do the deed of

our own free choice; knowing its moral nature, being masters of our own

free will, so that, if we do one act in preference to another, we

wilfully take upon ourselves the consequences of this preference as far

as we can know or suspect them.

If we do what we are firmly convinced is right, just, worthy of a man,

we deserve praise; if we do what we are convinced or suspect is wrong,

unjust, unworthy of a man, we deserve blame and punishment. But an

insane man may do the most unjust act, and yet feel invincibly convinced

that it is just; he cannot then be held responsible for doing it,

because the root of responsibility is then wanting.

I do not, however, maintain that one who is insane on any one point is

thereby made irresponsible for all his actions. If he does what he

thinks to be wrong, he acts against the dictates of his conscience, he

deserves punishment from God; and if he violates a just law of the land,

and it can be proved that his deed proceeded from a bad will, he may be

punished by the civil courts as well, even though he is insane on other

points. For instance, if a young man were to have a crazy notion that

his father disliked him, that he is often in various ways unjust to him,

and if, in consequence of this insane conviction, he were to attempt his

father's life, he should be punished for the criminal act; because, even

according to the way he views the matter, he could not be justified in

killing his father for such a reason. It were different if he insanely

imagined that his father was in the act of killing him, and that he

could not escape death but by killing his father first; for then he

could plead the right of self-defence against an unjust aggressor, as he

foolishly imagines his father to be.

The conclusion then from all this explanation is that an insane man

should not be held responsible for a deed which he insanely thinks to be

right; but he is responsible for all his other acts.

In our next lecture we shall consider more fully the treatment of the

insane by the civil and criminal tribunals.

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