THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 OF CALIFORNIA 
 
 PRESENTED BY 
 
 PROF. CHARLES A. KOFOID AND 
 MRS. PRUDENCE W. KOFOID 
 
INSANITY 
 
 IN ITS RELATIONS TO CRIME 
 
 A TEXT AND A COMMENTARY. 
 
 BY 
 
 WILLIAM A. HAMMOND, M.D., 
 
 PROFESSOR OP DISEASES OP THE MIND AND NERVOUS SYSTEM AND OP CLINICAL MEDICINE IN 
 THE BELLEVUE HOSPITAL MEDICAL COLLEGE ; PHY8ICIAN-IN-CHIEF TO THE NEW YORK STATE 
 HOSPITAL FOB DISEASES OF THE NEBVOU8 SYSTEM ; FELLOW OP THE COLLEGE OP PHYSI- 
 CIANS OP PHILADELPHIA; MEMBER OF THE ACADEMY OP THE NATURAL SCIENCES 
 OP PHILADELPHIA, OP THE AMERICAN PHILOSOPHICAL SOCIETY, OP THE NEW 
 YOBK MEDICO-LEGAL SOCIETY; CORRESPONDING MEMBER OP THE BRITISH 
 MEDICAL ASSOCIATION AND OF THE ANTHROPOLOGICAL INSTITUTE OF 
 GREAT BRITAIN AND IRELAND; MEMBER OP THE VEREIN WUB- 
 TEMBERGI8CHER WUNDARZTE UNO GEBURT8HELFER, OF THE 
 PBOVINCIAAL TJTRECHT8CH GENOOTSCHAP VAN KUN8TEN 
 EN WETEN8CHAPPEN J HONORARY MEMBER OP THE 
 BT. ANDREW'S MEDICAL GRADUATES' ASSOCIATION 
 (SCOTLAND), ETC., ETC. 
 
 "8ALTJ8 POPULI 8UPBEMA LEX EST." 
 
 NEW YORK: 
 D. APPLETON & COMPANY, 
 
 549 & 551 BROADWAY. 
 1873. 
 
ENTERED, according to Act of Congress, in the year 1873, by 
 
 D. APPLETON & COMPANY, 
 In the Office of the Librarian of Congress, at Washington. 
 
IN 
 
 THE HOPE 
 
 THAT WHAT I HAVE WBITTEN 
 WILL COMMEND ITSELF TO HI8 APPBOVAL, 
 
 Bettcate tljts Essas 
 
 TO MY FEIEND 
 
 THE HON. MICHAEL 0. KERR, 
 
 OF THE STATE OP INDIANA, 
 
 WHOSE BEOAD AND ENLIGHTENED VIEWS, 
 ON ALL SUBJECTS CONNECTED WITH POLITICAL AND SOCIAL ECONOMY, 
 
 HAVE ALWAYS COMMANDED 
 MY EAENE8T ADMIEATION. 
 
PKEFACE. 
 
 A PART of this essay, under the title " Society 
 versus Insanity," was contributed to Putnam's Mag- 
 azine, for September, 1870. The greater portion is 
 now first published. The importance of the subject 
 considered can scarcely be over-estimated, whether 
 we regard it from the stand-point of science or social 
 economy ; and, if I have aided in its elucidation, my 
 object will have been attained. 
 
 NEW YOEK, April 20, 1873. 
 
10 INSANITY IN ITS RELATIONS TO CRIME. 
 
 days nothing giving the slightest clew to the object 
 of their search was discovered. A handkerchief was 
 found at a little distance from the vineyard, but it 
 did not belong to the lost child. At last, on the 
 16th of August, a .party of villagers from Cerny, 
 who were engaged in searching for some trace of the 
 girl, perceived a fissure in a large rock, which was 
 partially closed by withered branches, apparently 
 quite recently disturbed. Tearing them away, they 
 found a quantity of hay, straw, and leaves, so ar- 
 ranged as to conceal the opening of a cave, into 
 which they at once entered. The remains of various 
 articles of food, and a bed of hay and moss, revealed 
 the fact that the cave had recently served as a place 
 of habitation. An offensive odor, which filled the 
 cave, led to additional researches, and, in a few mo- 
 ments, they discovered, buried in the sand in a re- 
 mote corner of the cavern, a dead body, already in a 
 state of putrefaction. A chemise, a petticoat, and a 
 handkerchief, were bound around it with withes of 
 oak. The father and the mother of the young girl 
 recognized the body as that of their lost daughter. 
 
 Notified of this discovery, and of the probability 
 that a crime had been committed, the authorities 
 assumed the charge of all further proceedings. A 
 surgeon who examined the corpse ascertained that 
 the body had been opened throughout its whole ex- 
 
LEGER. 11 
 
 tent by a sharp instrument, and that numerous and 
 deep wounds had been made in various parts of the 
 body by the point of the same weapon. The head 
 and the neck were gorged with blood, while the 
 heart and neighboring large vessels were empty. 
 
 Anxiety and terror prevailed throughout the dis- 
 trict, and every effort was made to discover the per- 
 petrator of the horrible crime. The peasants and 
 the police examined with the utmost care every trav- 
 eler upon whom they could lay their hands, thinking 
 in each one to detect the assassin. They little knew 
 that he was already in custody. 
 
 On the 12th of August, two days after the dis- 
 appearance of the young girl, and four days before 
 the finding of her body, an officer of the canton had 
 perceived in a forest, seated near a spring, a man 
 who was unknown to him. His appearance was sin- 
 gular, and his clothing was in disorder. The officer 
 approached him, but the man hastily rose and disap- 
 peared in the depths of the wood. The following 
 day the officer watched the spring, and in the even- 
 ing when the man returned to it he arrested him. 
 
 The man declared that he was named Antoine 
 Leger, of St.-Martin Bretencourt, in the canton of 
 Dourdan, and that he had left his family suddenly 
 on St. John's day, taking with him the sum of fifty 
 francs. " I walked," said he, " for a day and a half 
 
12 INSANITY IN ITS RELATIONS TO CRIME. 
 
 in the forest, when you arrested me. I do not know 
 where I shall go ; probably wherever my despair leads 
 me." When taken before the adjoint de la commune, 
 he stated that he was an escaped convict, and he re- 
 lated how he had broken his chains at Brest, and 
 had scaled the walls of his prison. 
 
 These singular and contradictory statements, the 
 absence of all papers, the finding of two knives on 
 his person, one with a remarkably sharp blade, con- 
 stituted a series of suspicious circumstances which 
 led to his detention as a vagrant, if nothing more. 
 
 In the jail, Leger told the other prisoners that 
 for fifteen days he had slept in the woods and crev- 
 ices of the rocks. " But," replied his companions, 
 " what did you eat since you kept away from the 
 villages ? " " Pears, artichokes, and wheat," he an- 
 swered. 
 
 This conversation reached the ears of the author- 
 ities, and at once excited suspicion, for, in the cave 
 where the body of the young Debully had been dis- 
 covered, the remains of artichokes, pears, and wheat, 
 had also been found. Moreover, several women de- 
 clared that, some time before the disappearance of the 
 girl, they had met in the vicinity of the cavern a 
 man whose unusual features and swarthy complexion 
 had surprised and frightened them. Confronted with 
 Leger, they recognized him as the man they had seen, 
 
LEGER. 13 
 
 and who had even accosted some of them in the for- 
 est. 
 
 It was then remembered that a handkerchief, 
 striped in blue and white, had been found not far 
 from the vineyard ; on comparing this with another 
 in Leger' s possession, it was perceived that both were 
 made from the same piece of cloth, hemmed with 
 the same kind of thread, and in a similar manner. 
 Then the body, having been exhumed, the wounds 
 were compared with the sharp knife taken from the 
 prisoner's person, and they were found to correspond 
 exactly. 
 
 Leger, who had continued to deny all knowledge 
 of the crime, could no longer resist the force of the 
 evidence accumulating around him. Taken to the 
 place where the outrage had been committed, brought 
 into the presence of the corpse of his victim, pressed 
 with questions by the judge, faint-hearted and trem- 
 bling, he allowed the terrible confession to escape 
 him. " Ah, yes," he exclaimed, " it was I who per- 
 petrated the crime ; " and then he went on to detail 
 all the particulars with the utmost minuteness. 
 From his own account and from other evidence the 
 following facts were elicited : 
 
 Leger had, as he declared, left his home on St. 
 John's day (June 20th) with the avowed pretext of 
 hiring himself out to domestic service at Dourdan, 
 
14 INSANITY IN ITS KELATIONS TO CRIME. 
 
 but, in reality, with the firm intention of removing 
 himself from all family influence, and of living in a 
 state of absolute isolation. Besides the sum of fifty 
 francs, he had nothing but his clothing. Instead of 
 going to Dourdan, he had gone directly to Etampes, 
 where he had passed the night at an inn. The next 
 day he reached Ferte Aleps, and stopped near that 
 town, in the woods which overlook the hamlet of 
 Montmirault. He at once searched through the for- 
 est for a retreat which would protect him from the 
 inclemency of the weather, and discovered the cave 
 of which mention has been made, and in which he 
 took up his habitation. 
 
 During the first two weeks he lived on roots, 
 pears, currants, wheat, and other vegetables which he 
 gathered in the valley on the confines of the wood. 
 About the first of August he got up in the night, 
 and stole some artichokes from a garden in the 
 neighborhood. 
 
 One day, having surprised and captured a hare, 
 he killed it and ate it raw on the spot. Overcome 
 with hunger, he went one evening at nine o'clock to 
 Ferte Aleps to purchase some bread and cheese. He 
 repeated his visit for the same purpose, and at the 
 same hour, several times. But, in the midst of his 
 solitude, he was tormented with violent passions ; he 
 experienced the horrible desire to eat human flesh, 
 
LEGER. 15 
 
 and to drink human blood. The occasion soon pre- 
 sented itself, and he at once took advantage of it. 
 
 On the 10th of August, while wandering in the 
 wood, he found himself, about four o'clock in the 
 afternoon, on the heights which overlook the valley 
 of Itteville. In a vineyard near the borders of the 
 wood he saw a young girl, and he at once conceived 
 the idea of carrying her off to satisfy the worse than 
 brutal passions which possessed him. The girl was 
 alone. Some shepherds and laborers were scattered 
 about the plain, but they were too far off to hear her 
 cries, to come to her assistance, or even to notice his 
 actions. He rapidly descended the hill-side, rushed 
 like a savage beast on the child, who, seated on the 
 ground with her back toward him, did not see him 
 approach, wound his handkerchief around her neck, 
 lifted her to his shoulders, and plunged swiftly with 
 her into the depths of the forest. 
 
 Then exhausted with his effort, and perceiving 
 that his victim did not move, he threw her on the 
 ground. Part of his crime was already accomplished, 
 for life was extinct. He then proceeded to quench 
 his thirst with her blood. . . . His brutal rage being 
 appeased, Leger enveloped the body in the garments 
 which had covered it, and bound them around it 
 with a strong oak branch which he cut from a tree 
 near by. He then carried it to the cave and buried 
 
16 INSANITY IN ITS RELATIONS TO CRIME. 
 
 it in the sand. Then, fearing that the emanations 
 from the corpse would be perceived, he closed with 
 care the opening into the cavern, and, after having 
 washed his face, his hands, his knife ; after having 
 torn off the collar and sleeves of his shirt, soiled 
 with the blood of his victim, and concealed them 
 under a rock, tormented by remorse, and not being 
 able to sleep, he departed two hours before day from 
 the theatre of his crime. From that time till the 
 hour of his arrest he had wandered aimlessly through 
 the woods and mountains. 
 
 The confession of this wretch accorded perfectly 
 with the state of the corpse, and with all the dis- 
 coveries made during the preliminary examinations. 
 Conducted to the places he had mentioned, Leger 
 showed the spot where he had stopped to consum- 
 mate his crime, upon which some bloody stains could 
 still be seen ; he pointed out the oak from which he 
 had cut the withe, and the branch from which he had 
 taken it was identified ; finally, he indicated the rock 
 under which he had hidden the collar and sleeves of 
 his shirt, and they were found as he had described. 
 
 The examination had now only reference to the 
 antecedents of the accused. It was ascertained that 
 he had at first been an agricultural laborer, then a 
 fagot-gatherer since the age of fifteen. In 1815 he 
 entered the army, and was in garrison at Soissons. 
 
LEGER. If 
 
 On the return of the Bonrbons he had resumed his 
 former labors. From his youth he had been morose 
 and sombre, habitually seeking solitude, and avoid- 
 ing the society of women and of young men of his 
 own age. 
 
 From the moment of making his confession, Leger 
 preserved the most astonishing degree of sangfroid. 
 To all the questions concerning his crime, his only 
 answer was " Yes," pronounced with entire indiffer- 
 ence. Leger was sent before the Court of Assizes of 
 Versailles, where he appeared on the 23d of Novem- 
 ber, 1824, accused, first, of robbery, attended with 
 breaking open ; second, of attentat a la pudeur, per- 
 petrated with violence ; third, of voluntary homicide, 
 committed with premeditation and lying in wait. 
 
 The accused was dressed in the ordinary garb of 
 a peasant. His long hair, his unshaven face, his 
 swarthy visage, gave to his countenance an expression 
 at once of stupidity and gentleness. His eyes were 
 dow/ncast; his expression fixed. He preserved the 
 most profound impassibility, and an air of gayety, 
 even of satisfaction, appeared on his face. 
 
 During the reading of the act of accusation, Leger 
 maintained the most imperturbable tranquillity ; 
 though, from time to time, he glanced at the clothes 
 of his victim, the oaken withe, and the knife which 
 had served him in his murderous crime, and which 
 
18 INSANITY IN ITS RELATIONS TO CRIME. 
 
 lay on a table near him. From the details of the 
 examination of the prisoner conducted by the presi- 
 dent of the court, 1 select such portions as bear with 
 any force on the main features of the case. 
 
 Question. Why did you leave your parents ? 
 
 Answer. Because I was sick ; I had a cold^ and 
 I was affected with stone. 
 
 In regard to this latter disease, the president re- 
 marked that the physicians had not discovered any 
 symptoms of its existence. . 
 
 Q. On what did you live during the fifteen days 
 you passed in the woods of Ferte Aleps ? 
 
 A. On all sorts of roots ; on wild-sorrel, on wild- 
 cherries and currants. 
 
 Q. On the 10th of August, you forced an en- 
 trance into a garden at Itteville, from which you 
 stole some artichokes \ 
 
 A. I also took some onions, and some ears of 
 wheat. 
 
 ^ What did you drink ? 
 
 A. Water, which I collected from the holes in 
 the rocks ? 
 
 Q. Did you not often conceive the idea of car- 
 rying a woman to the cave ? 
 
 A. I had the idea, but I did not do it. Despair 
 led me to take up my abode there ; my mind was gone. 
 I had desires, but I did not wish to gratify them. 
 
LEGER. 19 
 
 Q. You have stated in your preliminary ex- 
 amination that you feared the resistance of an adult 
 woman. Did you also fear that her cries would at- 
 tract the attention of the passers-by ? 
 
 A. Yes, sir. 
 
 Q. At what o'clock did you go out of your cave, 
 on the 10th of August ? 
 
 A. I was not regular in the hour of going out. 
 About half-past three. 
 
 Q. What did you do that day at about four 
 o'clock ? 
 
 A. I went to get some apples. I saw, at the 
 end of the wood, a little girl who was seated on the 
 ground with her back turned toward me ; I determined 
 to carry her off; I wound my handkerchief around 
 her neck and threw her on my back; she only ut- 
 tered a slight cry ; I went through the wood to the 
 place I have shown ; I was thirsty, hungry, and hot ; 
 I waited perhaps half an hour unconscious ; then my 
 thirst and hunger overcame me, and I proceeded to 
 devour her. 
 
 Q. In what state then was the girl ? 
 
 A. Motionless ; she was dead. I only tried to 
 eat her ; that is all. 
 
 The president admonished the prisoner to speak 
 the truth. Leger, however, denied all facts touching 
 
20 INSANITY IN ITS RELATIONS TO CRIME. 
 
 the condition of the body, though he had confessed 
 them in the preliminary examination. 
 
 The president then read the previous answers. 
 " The blood had poured forth. He had quenched 
 his thirst with it. ' Urged by the evil spirit which 
 governed me, I drank the blood from her heart.' " 
 
 To this the prisoner replied that he had said 
 nothing of all that, and that the judges had written 
 what they pleaded. 
 
 The president observed that this was the first 
 time he had pretended to be sick when he threw the 
 young girl on the ground, and that as to the violation 
 of the body, the physicians had very clearly estab- 
 lished the fact. 
 
 Q. What did you do with the remains of the 
 body? 
 
 A. I buried them at the end of the cave, and I 
 closed the entrance with weeds and all sorts of things ; 
 then I went away, because the birds came and croaked 
 at me. 
 
 $._What kind of birds ? 
 
 A. Crows. I thought they came to seize me, 
 because they croaked at me. 
 
 Q. You were then agitated by fear. You felt 
 that you had done wrong ? 
 
 A. Yes; when I recovered my consciousness I* 
 went and hid myself in the rocks and could not sleep ; 
 
LtiGER. 21 
 
 I had not my mind about me ; the next day I walked 
 to the fields beyond the hills ; I washed myself with 
 water which I found on the rocks, and I also washed 
 my shirt ; I cut off the collar and the sleeves, which 
 were bloody ; there I met one of the guard and I fled ; 
 when I saw any person I hid myself ; the guard cried, 
 " Halt in the name of the king ! " and I was at once 
 arrested. 
 
 Q. What do you wish to say about the young 
 Debully ? 
 
 A. I was unconscious ; I was urged by the evil 
 spirit. 
 
 The president then directed the shirt taken from 
 the accused to be shown to him. The sight did not 
 in the least disturb him ; he continued to preserve 
 the same smile on his lips, and the same expression 
 of calm pleasure which he had exhibited from the 
 beginning of the trial. 
 
 On hearing the testimony of the father and 
 mother, and asked what he had to say, he uttered a 
 few words of regret and shed a few tears. 
 
 Dr. Ballert, one of the physicians who had made 
 the post-mortem examination of the deceased, declared 
 that death had been produced by asphyxia resulting 
 from strangulation or smothering. The incisions in 
 the body appeared to have been made before death, 
 and the attentat a la pudeur consummated before life 
 
22 INSANITY IN ITS RELATIONS TO CRIME. 
 
 was extinct. The doctor further testified that he 
 had confronted the prisoner with the corpse, and that 
 at first Leger denied that he was the assassin, but 
 that his countenance belied his words. " Wretch," 
 exclaimed the doctor, u you have eaten the heart of 
 this unfortunate child ? " " Yes, I have eaten it," an- 
 swered Leger, trembling, " but I did not eat it all." 
 He added that the child was quite dead. He con- 
 tinued to deny the attentat a la pudeur. 
 
 Some other less important evidence was given, 
 and then the counsel began to. address the jury. 
 
 The procureur du roi (an officer corresponding 
 to our district attorney) stated the facts contained 
 in the indictment. After reminding the jury that 
 the accused had confessed his crime, he contended 
 that there could have been no unconsciousness of the 
 nature of the deed committed. That of this fact the 
 prisoner himself had furnished the proofs by the 
 precautions he had taken to efface all traces of his 
 act ; by the horror which the recollection of it had 
 excited in him; by the inability to sleep, and the 
 remorse which had filled him. "An insane man," 
 said the procureur, " would have slept near his vic- 
 tim, but Leger was forced to fly, and it had even 
 seemed to him that the birds came to reproach him 
 with his cruelty." 
 
 M. Benoit, who appeared for the prisoner, after 
 
LEGER. 23 
 
 saying that reason refused to believe in the existence 
 of such a crime committed by a man in the exercise 
 of his intellectual faculties, endeavored to convince 
 the jury that Leger was certainly insane. His habits, 
 his conduct, his sudden flight from the house of his 
 parents, the kind of life to which he had condemned 
 himself, all evidently demonstrated the absence of 
 reason in the assassin. The counsel insisted that 
 the question of mental alienation should be em- 
 braced among the propositions submitted to the 
 jury. 
 
 The president, in his charge, cited the points of 
 evidence produced by the prosecution, and the ex- 
 tenuating circumstances alleged on the part of the 
 defense. 
 
 The jury, after deliberating an hour, returned 
 with a negative verdict in regard to the proposition 
 of mental alienation, and an affirmative of all the 
 other questions. 
 
 The court then sentenced Leger to death. The 
 prisoner heard his condemnation with the same-degree 
 of impassibility which he had shown during the 
 whole course of the debate. 
 
 He was executed on the 1st of December, 1824, 
 showing so much weakness during his last moments 
 that he had literally to be carried to the scaffold. 
 
 A special study of this, remarkable case was 
 
24 INSANITY IN ITS RELATIONS TO CRIME. 
 
 made by Georget, 1 and the conclusion arrived at by 
 this eminent alienist that Leger was insane. His 
 melancholic disposition, his sudden and unreasonable 
 flight from his home, the depravation of his appetites, 
 the horrible and sudden perversion of his moral 
 sense, were entirely characteristic of mental aliena- 
 tion. The autopsy was made by Esquirol and Gall, 
 in presence of several other physicians, and indubi- 
 table evidence of brain-disease was discovered. In 
 several places the membranes were adherent to the 
 cerebral substance, and to- each other. 
 
 JOBARD. 2 
 
 On the evening of the 15th of September, 1851, 
 the drama entitled " Adrienne Lecouvreur " was being 
 acted at the Theatre of the Celestins, in Lyons. It 
 was about half-past eight o'clock, and the curtain 
 had risen on the second act of the play, when a hor- 
 rible event occurred, which threw actors and audi- 
 ence into a state of confusion and fright. A young 
 lady had been stabbed to the heart by a man who 
 sat immediately b'ehind her. Uttering a cry, she 
 drew the "dagger from her breast and fell, lifeless and 
 covered with blood, into the arms of a lady near her. 
 
 1 " Examen des Proems Criminels de Leger, Lecouffe, Feldtinann et 
 Papavoine dans lesquels 1' Alienation mentale a ete mvoquee comme 
 moyen de defense." Paris, 1825. 
 
 2 " Causes Oelebres," loc. cit. 
 
JOBARD. 25 
 
 The man who had killed her remained standing 
 erect, his arms crossed on his chest, and his manner 
 perfectly impassible. The husband of the young 
 lady, ignorant of the fatal nature of the wound his 
 wife had received, seized the assassin. " What have 
 we done to you," he exclaimed, " that you should 
 commit this outrage ? " " Nothing," answered the 
 man ; " I do not even know you ; I am a miserable 
 wretch do with me what you please ; I do not wish 
 to escape." He was at once arrested, and, without 
 opposing the least resistance, was conducted to the 
 nearest police-station. 
 
 The young lady thus murdered had only been 
 married a few months, and was visiting Lyons with 
 her husband, a professor in a college at Limoges. 
 
 The murderer was named Antoine Ernanuel Jo- 
 bard, and was a clerk in a mercantile establishment 
 at Dijon. He was but twenty years old. His par- 
 entage was respectable, and his education had been 
 well cared for. During the four years he had lived 
 at Dijon he had, to all appearances, conducted him- 
 self well. His conduct, nevertheless, had not in re- 
 ality been so exemplary as it had seemed to be. 
 
 Soon after his arrest, Jobard was visited by the 
 magistrate, who interrogated him minutely in regard 
 to all the circumstances in any way connected with 
 the crime. To all questions he replied calmly and 
 
26 INSANITY IN ITS KELATIONS TO CRIME. 
 
 respectfully, without evincing the least emotion. As 
 he declared in the first instance, he did not even 
 know his victim ; seated behind her for an instant 
 only, he had not seen her face. He had only per- 
 ceived that she wore a gray silk dress, and he had 
 looked at her no longer than was sufficient for him 
 to determine where to strike. " I have killed her to 
 be killed in return ; " he repeated many times " to be 
 killed after I have had sufficient time for repentance. 
 
 " In the midst of the pious family in which I 
 lived," he continued, " I observed all the outward 
 ordinances of religion, but I was at heart a hypo- 
 crite. I led an abandoned and depraved life, and 
 yet I deceived everybody by my apparent devout- 
 ness. I became disgusted with myself, but had not 
 the strength to abstain from the shameful vices that 
 enslaved me. Not being able to change my conduct, 
 I resolved to get rid of my life. I could not think 
 of suicide, for that crime would have resulted in my 
 appearing before God loaded with sins. I therefore 
 determined to do something which would cause me 
 to be condemned to death by the law. I would thus 
 have a sufficient time for repentance, and I was satis- 
 fied that I would also obtain pardon of God for all 
 my offences." 
 
 He then went on to state that he had endeavored 
 to do as little harm as possible in obtaining his end. 
 
JOBARD. 27 
 
 He had not killed a depraved person, because that 
 would have sent one unprepared for death into the 
 presence of God. He had thought of killing a priest 
 just after he had celebrated mass. Accident had led 
 him to Lyons and to the theatre. Here the victim 
 and the opportunity were at once offered him. 
 
 When asked if he fully comprehended the enor- 
 mity of his crime, he replied that he did, but that he 
 intended to repent. 
 
 During the whole course of Jobard's interrogation 
 he remained perfectly calm and apparently emotion- 
 less ; his pulse was not accelerated above the normal 
 standard beating with regularity sixty-six times a 
 minute ; his answers were given with deliberation 
 and exactness. 
 
 The following day he was confronted with the 
 corpse of the murdered woman. On his way to the 
 hotel he expressed his disinclination for this cere- 
 mony, declaring that it was useless, as he would not 
 be able to recognize her. In going up the stairs his 
 legs gave way under him; he trembled in every 
 muscle, and a cold sweat broke out on his body. 
 Brought face to face with the corpse, he exclaimed 
 that he did not recollect the face ; he only knew that 
 the wound was where he intended to make it. At 
 the same time his countenance expressed horror and 
 fright, and he fell to the floor weeping, and in a state 
 
28 INSANITY IN ITS RELATIONS TO CRIME. 
 
 of extreme prostration. His pulse was feeble, inter- 
 mittent, and beating sixty-eight times a minute. 
 
 It is interesting to study the thoughts of a per- 
 son situated as was this young man, who, being ap- 
 parently rational on all other subjects, felt himself 
 impelled by a power, in regard to one, which he was 
 unable to resist. The report given in the " Causes 
 Celebres " is full, and the custom which prevails in 
 France of frequently interrogating a criminal, what- 
 ever its value in jurisprudence, is certainly capable 
 of yielding fruitful results to mental science. 
 
 Now, Jobard begins the record of his mental ab- 
 erration with the statement that he had contracted 
 many grave vices from which he was powerless to 
 abstain. He assumes the impossibility of reform, 
 and at the same time is conscious that he must arrest 
 his course of depravity. Clearly, if these premises 
 are correct, there is but one alternative left, and that 
 is death. He declares this with perfect distinctness ; 
 the force of it overpowers him ; he constantly re- 
 grets the necessity, but his determination does not 
 waver. At first he thinks of suicide, but he soon 
 rejects this, for, although he might repent of all his 
 other sins, the act of self-destruction is a crime of so 
 much magnitude as to condemn his soul to everlast- 
 ing punishment, and from this sin he would have no 
 time to repent. 
 
JOBARD. 29 
 
 Then the idea that he must commit an act which 
 would forfeit his life to the state took possession of 
 his mind. For then, no matter what the crime, he 
 would have ample opportunity between the period 
 of its commission and his execution to make his 
 peace with God. During six months he thought al- 
 most continually of this subject, and the necessity 
 became daily more apparent. He must die, and he 
 must kill some one in order to die with safety to his 
 soul. " I wish," he exclaimed, during one of his in- 
 terrogations, " that I could have been condemned to 
 death for some trifling offence. I regret having been 
 obliged to commit murder. It was, however, neces- 
 sary. I regret this necessity." 
 
 On the 18th of September he was again interro- 
 gated. He then declared that he had always under- 
 stood that his crime was one for which he was re- 
 sponsible both to God and man. " But," he add- 
 ed, " my character was weak, impressionable, and 
 changeable. When I prayed, I prayed like a saint ; 
 an instant afterward sin claimed me, and I delivered 
 myself without resistance to my false ideas. As to 
 the liberty of acting freely, I was free certainly, and 
 I would have stopped had I been able to comprehend 
 the falsity of my reasoning. My action was crimi- 
 nal, I know, and I went on toward it without re- 
 flection. If I could have thought correctly, if I could 
 
30 INSANITY IN ITS RELATIONS TO CRIME. 
 
 have confided my thoughts to some one and been 
 advised, I would never have committed the deed." 
 Then he added : "The course of my ideas is very 
 different to-day from what it was yesterday. To-day, 
 if I could go back, I would not do what I have done ; 
 I begin to see things differently." 
 
 One night, while in prison, he had the hallucina- 
 tion that his victim appeared to him. He complained 
 of headache, his vision was confused, thought of 
 every kind gave him pain in the head, and he had a 
 profuse hemorrhage from the nose, after which he 
 felt better. 
 
 Several physicians examined him before his trial, 
 and, as is usual in every case which admits of a dif- 
 ference of judgment, and as always will be till hu- 
 man reason becomes infallible, different opinions 
 were formed of his mental condition. 
 
 Thus, one of the physicians, M. Magaud, saw in 
 Jobard a man led away by a violent passion which 
 he had allowed to assume a governing influence over 
 his mind, but which at one time certainly he might 
 have controlled ; a man, moreover, who had had a 
 clear idea of his responsibility, and who had pre- 
 pared with intelligence and with great firmness of 
 will all the details of his criminal scheme. 
 
 The others, MM. Gromier and Ta vernier, arrived 
 at an entirely opposite conclusion. Taking into con- 
 
JOBARD. 31 
 
 sideration the antecedents of Jobard's life, the cir- 
 cumstances attending the commission of the murder, 
 his subsequent conduct, and the physical and mental 
 phenomena exhibited by him while in confinement, 
 they expressed the opinion that the act was commit- 
 ted while he was suffering from an attack of homi- 
 cidal and suicidal mania, and that he ought not to 
 be held accountable for a violation of law perpe- 
 trated without the influence of his natural will. 
 
 Dissatisfied with these contradictory views, the 
 Government commissioned Dr. Gensoul to examine 
 the prisoner, and he coincided with MM. Gromier 
 and Ta vernier. 
 
 The conclusions of these three physicians were : 
 1. That at the moment of committing the murder 
 Jobard was suffering from a paroxysm of homicidal 
 mania. 2. That he ought not to be considered re- 
 sponsible for an act done without the participation 
 of his normal will. 3. But, as this kind of insanity 
 is dangerous to society, society has the right to put 
 Jobard in such a position as will render it impossi- 
 ble for him to do further harm, and that therefore 
 he should be placed for life in a lunatic asylum. 
 
 Nevertheless, Jobard was indicted and tried for 
 murder with premeditation. 
 
 The trial was long, and several medical witnesses, 
 including those mentioned, appeared for one side or 
 
32 INSANITY IN ITS KELATIONS TO CRIME. 
 
 the other. The jury, after an absence of only ten 
 minutes, came into court with a verdict of guilty as 
 to the homicide and the premeditation, but with ex- 
 tenuating circumstances. He was then condemned 
 to imprisonment for life at hard labor. 
 
 Considerable sympathy was manifested for Jo- 
 bard throughout France, and even the Government 
 exhibited an exceptional leniency toward him. He 
 was allowed to delay his departure for the galleys, 
 and, soon after his arrival at Toulon, ostensibly as a 
 reward for good conduct, was permitted to open a 
 small shop, and sell tobacco and little articles of va- 
 rious kinds to the convicts. He remained, however, 
 incapable of fixing his attention, and still continued 
 to suffer from pain in the head. He had no further 
 exacerbation of his malady. 
 
 JULES . 
 
 On the 10th of November, 1854 as related by 
 M. Devergie, 1 in a memoir read before the Imperial 
 Academy of Medicine, at Paris a young man, aged 
 nineteen, the son of a prominent merchant of Bor- 
 deaux, dined with his father, to whom he was much 
 attached, and his step-mother, whom he had regarded 
 with gradually-increasing aversion for several years. 
 
 1 " Oti finit la raison ? Oil commence la folie ? ". MSmoires de 1'Aca- 
 demie Imperiale de Medecine, tome xxiii., p. 1. Paris, 1859. See also 
 Psychological Journal, No. xvi., p. 533. 
 
JULES . 33 
 
 The dinner passed without any unusual incidents 
 till dessert, when young Jules left the table and re- 
 paired to the drawing-room to warm himself. Not 
 finding a fire kindled, he went to his own chamber, 
 took his fowling-piece, and started out for a stroll 
 through the country, as was his custom. He had 
 not left the house, however, before the idea of sui- 
 cide, which had haunted his mind for several weeks, 
 suddenly recurred to him,, and was as suddenly 
 changed into the thought of killing his step-mother. 
 
 Without stopping one instant, he threw aside his 
 fowling-piece, and going to his brother's room took 
 two pistols which had been loaded three weeks. He 
 had pistols of his own which he might have taken, 
 and which had been charged only the day before. 
 
 He descended into the dining-room, approached 
 his step-mother*, who was still at the table with his 
 father, and, pointing a pistol at her head, discharged 
 it, with instantly fatal effect. 
 
 Madame X. fell to the floor, and the young man, 
 recoiling, rested motionless against the wall. His 
 father rose to seize him, but, a temporary feeling of 
 self-preservation being aroused in Jules, he fled across 
 the kitchen, through the midst of the terrified do- 
 mestics, and escaped from the house, crying : " I am 
 a madman, an idiot ; I have killed my step-mother ! " 
 
 He soon, however, changed his mind, and sur- 
 
34 INSANITY IN ITS RELATIONS TO CRIME. 
 
 rendered himself to the commissary of police, to 
 whom he related all the circumstances of the crime. 
 
 Before and until the murder, the life of this 
 young man had been exemplary. He had performed 
 his duties in the counting-house of his father with 
 assiduity, and was an excellent son and brother. 
 Though rich, he had studiously avoided dissipation 
 of every kind. 
 
 Such were the obvious features of the homicidal 
 act. Jules was tried before the Imperial Court at 
 Pau. Calmeil, Tardieu, and Devergie, the most emi- 
 nent alienists in France, testified in favor of the in- 
 sanity of the prisoner, and he was acquitted on that 
 ground. 
 
 But it was mainly through the evidence of the 
 last of the physicians named that this result was 
 brought about. Instead of. confining his testimony 
 to abstract theories, Devergie dwelt at length upon 
 the concomitant circumstances of the homicide, the 
 antecedents of the accused, his several characteris- 
 tics, and his conduct subsequent to the deed. From 
 the inquiries which he made he ascertained that the 
 young man had among his ancestors a maternal 
 uncle who had a propensity to suicide, and who died 
 insane ; another maternal relative who had all his 
 life been eccentric, and a paternal aunt who had act- 
 ually killed herself. 
 
JULES . 35 
 
 It was also developed that the accused had al- 
 ways been subject to motiveless outbursts of pas- 
 sion. One day he struck a servant with his whip 
 for not being sufficiently active in obeying an order, 
 and another day he became furiously angry because 
 he could not at once enter a room where his step- 
 mother was taking a bath. " When he became very 
 angry," said one of the witnesses, " he always seized 
 upon something or some one." 
 
 He had also been contemplating suicide, and, a 
 month before the offence, had given his views at 
 length upon the subject to Dr. Burnet. He was taci- 
 turn in disposition, and avoided the companionship 
 of young men of his own age. 
 
 In his own account of the act, he said : 
 
 " When I ascended to my room on the day of the 
 crime, I was not thinking of any thing. I should 
 not have gone up-stairs if I had found a fire in the 
 drawing-room. When I reached my room, having 
 no evil intentions, the notion of suicide possessed 
 me ; then, my thoughts taking another direction, I 
 threw aside my fowling-piece, ran to my brother's 
 chamber, armed myself with two pistols, and went 
 back to the drawing-room, actuated by I know not 
 what force which dragged me, and in spite of myself 
 If my father had addressed to me one word when I 
 entered the drawing-room^ a single word, whatever it 
 
36 INSANITY IN ITS RELATIONS TO CRIME. 
 
 might have been, I should not have killed my step- 
 mother? 
 
 The circumstances of the act, it having been com- 
 mitted in broad daylight in presence of his father, 
 and the fact of his having delivered himself up to 
 justice, were also adduced as tending to show an ab- 
 sence of criminality. 
 
 On the other hand, there was the hatred he was 
 known to have entertained for his step-mother ; and 
 this was argued by the prosecution as a proof that 
 the act was premeditated and malicious. 
 
 As I have said, the prisoner was acquitted, but 
 public opinion was very much against him, so much 
 so that he left France and went to reside in Belgium. 
 As is usual in such cases, the press, conducted as it 
 too frequently is by irresponsible persons, ignorant 
 of the first principles of mental science, raised a furi- 
 ous outcry against the medical experts. They were 
 accused of having been actuated by mercenary mo- 
 tives, and of having let loose upon society a monster 
 of iniquity, whose crime should have been expiated 
 on the guillotine. They had simply expounded the 
 sciences of mental physiology and pathology as they 
 understood them, but with nothing like the certain- 
 ty which, in our day, the ophthalmoscope, the dynam- 
 ograph, and the sesthesiometer, give to similar inves- 
 tigations. They had arrived at their conclusions 
 
JULES . 37 
 
 solely by the observation of intellectual phenomena, 
 and not by the employment of physical means. One 
 great source of positiveness was, therefore, wanting. 
 
 Now for the sequel. 
 
 On the 1st of March, 1859, M. Devergie ' an- 
 nounced to the Academy that he had within two 
 days received a letter from the brother of the mur- 
 dered lady. Having indirectly heard of the memoir 
 Devergie had read before the Academy, this gentle- 
 man had thought it his duty, in the interests of sci- 
 ence and truth, to announce the death of Jules, and 
 to state under what circumstances this event had 
 taken place. 
 
 On the 29th of January, 1859, over five years 
 after the homicide, Jules hastily quitted Brussels, 
 where he had lived in great retirement, abandoned 
 his furniture and all he possessed, and reentered 
 France with nothing but his personal attire. He 
 went to Bordeaux, alighted at a hotel and passed 
 the night there, visiting neither his father nor his 
 brother, who still lived in the city. In the" morning 
 he purchased a brace of pistols, hired a cab, was 
 driven, to the cemetery, and at his request was con- 
 ducted to his step-mother's tomb. He then sent 
 away his guide, knelt down on the grave, and, writ- 
 
 1 " Bulletin de l'Acade"mie Imp6riale de M6decine," tome xxiv., 
 1858-'59, p. 566. 
 
38 INSANITY IN ITS RELATIONS TO CRIME. 
 
 ing several sentences in his memorandum-book, laid 
 this on the monument, and then with one of his pis- 
 tols blew out his brains. Among the sentences 
 traced in his memorandum-book was this : " I wish 
 to die upon the tomb of her whom I have so much 
 loved and regretted." 
 
 " How," asks Devergie, " shall we reconcile this 
 assertion, made at the moment of committing sui- 
 cide, with the opinion entertained by some, that the 
 cause of the murder was the deep aversion that the 
 young man had nourished toward his step-mother 
 during ten years ? 
 
 " Evidently the language, as well as the termina- 
 tion of his life by suicide, is the work of a lunatic. 
 Not the slightest doubt can now be felt even by the 
 most prejudiced concerning the correctness of the de- 
 cision, and the scientific foresight which led to that 
 judgment." 
 
 In the debate that followed, M. Ferrus (eminent 
 for his knowledge of medico-legal matters) remarked 
 that it was very well that the young man had been 
 acquitted, but he was affected with the worst form 
 of mental alienation, and it was therefore a surpris- 
 ing circumstance that he should have been immedi- 
 ately set at liberty. Why, asked M. Ferrus, had he 
 not been confined in a lunatic asylum ? 
 
 M. Devergie replied that the matter was as 
 
JULES . 39 
 
 great a surprise to him as to M. Ferrus, for that all 
 the experts had insisted on the necessity of removing 
 the young man from society, as at any moment he 
 might commit another act of insanity. 
 
n. 
 OOMMENTAKY. 
 
 I HAVE selected the foregoing cases from the ju- 
 risprudence of a foreign country, in order that entire 
 absence of all disturbing factors might be secured. 
 They are perhaps as typical as any to be found in 
 the whole range of insanity, in its medico-legal rela- 
 tions to crime. In each of them the plea of insanity 
 was alleged in behalf of the accused. In the case of 
 Leger it was entirely ignored by the jury, and he was 
 promptly executed, to the general satisfaction of the 
 nation. In the case of Jobard it was partially enter- 
 tained, and he was found guilty, " with extenuating 
 circumstances " a verdict which in France saves the 
 life of the prisoner. In that of Jules the theory of 
 mental alienation was fully adopted by the jury, and 
 the accused was set at liberty. It requires no very 
 minute consideration of these cases to arrive at the 
 conclusion that the action was not right in all. Cer- 
 tainly L6ger was as insane as either Jobard or Jules, 
 and yet he was executed. Certainly Jules was as re- 
 
WHAT CONSTITUTES A CRIME? 41 
 
 sponsible as either Le*ger or Jobard, and he was ac- 
 quitted. Certainly Jobard was no more insane than 
 Leger, nor more responsible than Jules, and yet he 
 was sent to the galleys for life. Such inconsistencies 
 show the great need of a fixed and definite principle 
 by which all juries should be governed, and this is, 
 I think, no difficult matter to establish. 
 
 At the very outset of an inquiry like the present, 
 we are met by the question, What constitutes a 
 crime ? Many psychologists, and not a few jurists, 
 declare that the essence of a criminal act resides in 
 the intention, and in fact the law itself, as interpreted 
 by many able courts, has frequently declared that, 
 where there is no intention to commit a criminal 
 offence, no such offence has been committed. But 
 there is great danger in admitting such a construc- 
 tion, for, in doing so, we place ourselves at the mercy 
 of any individual who with strong reformatory ideas, 
 which he may think it his duty to carry out, stops at 
 nothing in the way of his good intentions. Bec- 
 caria, 1 that most humane philosopher, who cannot 
 be accused of .undue severity toward those accused 
 of crime, points this out very clearly, when he says : 
 
 " They err, therefore, who imagine that a crime is 
 
 1 " An Essay on Crimes and Punishments. Translated from the Ital- 
 ian, with the Commentary by Voltaire, translated from the French." 
 Fifth edition, London, 1801, p. 25. 
 
42 INSANITY IN ITS RELATIONS TO CRIME. 
 
 greater or less according to the intention of the 
 son bj; whom it is committed, for this will depend 
 on the actual impression of objects, on the senses, 
 and on the previous disposition of the mind ; both 
 will vary in different persons at different times, ac- 
 cording to the succession of ideas, passions, and cir- 
 cumstances. Upon that system it would be neces- 
 sary to frame not only a particular code for every in- 
 dividual, but a new penal law for every crime. Men 
 often with the best intention do the greatest injury 
 to society, and with the worst do it the most, essen- 
 tial services." 
 
 That, on the plea of rectitude of intention, the 
 most outrageous crimes against society may be justi- 
 fied, is evident when we recall to mind the practices 
 of our ancestors as regarded heretics, witches, and 
 sorcerers, whom they burnt at the stake with a puri- 
 ty of intention truly angelic. Clearly intention can- 
 not constitute the essential feature of crime, for the 
 best men are liable to err, and a mistake is frequently 
 more productive of evil results than a deliberate 
 crime. It is punished, often too, with far greater 
 severity than a premeditated legal offence both by 
 law and by society outside of the law. Let a cap- 
 tain of an ocean-steamer make a mistake in his reck- 
 oning, and lose his ship on the rocks, and it would 
 have been better for him that the sea had engulfed 
 
SIN AND CRIME NOT IDENTICAL. 43 
 
 him, than that he should have lived to tell the story 
 of his mistakes and good intentions. 
 
 We are all likewise more or less apt to regard 
 ourselves as being right, and the rest of the world 
 wrong. So long as we hold this view without inter- 
 fering with others, we only injure ourselves, and 
 perhaps get laughed at for our egotism by others 
 who are fully as egotistic. But, if we attempt to 
 carry out our ideas to the detriment of society, the 
 strong arm of the law, however worthy our inten- 
 tions may be, should obviously be interposed for our 
 repression. 
 
 Besides, the nature of crime should be so clearly 
 defined that error in regard to its existence or extent 
 should be impossible. If it is made to consist in the 
 intention, there can rarely be any certainty on these 
 points, for a shrewd person may so cleverly conceal 
 his real purpose as to make discovery out of the 
 question. Morally, as between man and God, the 
 intention constitutes the sin, but society cannot look 
 upon sin and crime as altogether identical, and it has 
 not the infallible corrective of omniscience which 
 constitutes so prominent a faculty of the Deity. 
 
 In former times, however, some such rule as this 
 prevailed to a considerable extent, and it was no un- 
 common event for the Bible to be brought into court, 
 and its precepts enforced by civil process. Charle- 
 
44 INSANITY IN ITS RELATIONS TO CRIME. 
 
 magne ordered that all those who infringed the law 
 of the Church in regard to fasting in Lent should be 
 put to death ; and in Poland those who violated the 
 rules of abstinence prescribed by the Church had 
 their teeth taken out. 1 Louis le Debonnaire of France 
 decreed that all the orders of the Church should be 
 sustained by the civil law throughout the whole em- 
 pire. 9 The eating of meat on Friday was, therefore, 
 not only a sin, but was made a crime. 
 
 The absence of intention may only properly be 
 urged as regards the actual perpetration of the act. 
 Thus, a person who aims a gun at a bird, and kills a 
 man concealed in the shrubbery, is guilty of no crime 
 whatever, because there was no intention to kill the 
 man. Such unintentional acts may be committed by 
 the insane as well as the sane. 
 
 Neither is the existence or extent of a crime to 
 be determined by the position in society of the indi- 
 vidual injured in life, person, or property. Before 
 the law all should stand alike. To rob the chief- 
 justice is no greater crime against society than to 
 steal forcibly from the humblest citizen. 
 
 It seems clear, then, that, as Beacaria 8 asserts, 
 
 1 " Observations on the Influence of Religion upon the Health and 
 Physical Welfare of Mankind." By Amariah Brigham, M. D., Boston, 
 1835, p. 103. 
 
 2 " Supplices Prisons et Grace en France d'apres des texts inedits." 
 Par Charles Desmaze ; Paris, 1866, p. 23. 
 
 8 Op. cit., p. 25. 
 
LAW AND JUSTICE. 4.5 
 
 " crimes are only to be measured by the injury done 
 to society." Crimes of the highest degree being 
 those which immediately tend to the dissolution of 
 society, and of the lowest degree those which consist 
 of the smallest possible injustice done to a private 
 member. Law being only a set of rules and regula- 
 tions by which society agrees to be governed for its 
 convenience and protection, and there being no other 
 guide as to the restraints and obligations of the in- 
 dividual members of society, it follows that a crime 
 consists wholly and exclusively of a violation of 
 law. Any act not expressly prohibited by law is 
 legal, and cannot constitute an offence against socie- 
 ty. Experience may, however, demonstrate that a 
 particular act heretofore allowed is, in reality, injuri- 
 ous to society, and then a law is enacted against 
 it. 
 
 Laws do not always rest, in fact cannot always 
 be based, upon the principles of abstract justice. 
 Every jurist knows that equity and law are very dif- 
 ferent, and that the one only governs when the other 
 is silent. When necessity requires it, both law and 
 equity are set aside, and brute force takes their 
 place. This is especially the case during a state of 
 war, when the public safety may necessitate the sus- 
 pension of the most sacred rights and privileges of 
 individuals. " Inter arma leges silent" is a maxim 
 
46 INSANITY IN ITS RELATIONS TO CRIME. 
 
 expressing as much truth now as when Cicero first 
 gave utterance to the words. 
 
 It is no valid argument against a law simply to 
 demonstrate its abstract injustice. It must be shown 
 to be injurious to society in order to be successfully 
 attacked. What society requires is protection, and 
 it has no more business as such with abstract justice 
 than it has with any other bit of philosophy. Jus- 
 tice is to be enforced by law between man and man, 
 not between society and man, unless in entire consist- 
 ence with the great principle of protection, and in 
 complete subjection thereto. 
 
 A law, therefore, may be unjust as regards an in- 
 dividual or a few individuals, and beneficial to soci- 
 ety at large : it is then a good law. It may be just 
 to an individual, and injurious to society at large : it 
 is then a bad law. It is doubly good when it is 
 both just and beneficial to all. It is doubly bad 
 when it is unjust and injurious. 
 
 Such being the nature of crime and the scope of 
 law, it follows that the object of punishment is chiefly 
 the safety of society. Another end, the reforma- 
 tion of the individual who has offended against the 
 law, is usually lost sight of, even in the most civil- 
 ized communities, or else is only feebly attempted. 
 But it ought to be more assiduously kept in view, 
 not only because the offending individual has a nat- 
 
OBJECT OF PUNISHMENT. 47 
 
 ural right to be reformed, but because his reforma- 
 tion protects society, by converting a law-breaking 
 person into a good citizen. Still, it must be con- 
 fessed, that the paramount object of all punishment 
 is the immediate safety of society, and that those pun- 
 ishments are most beneficial which most conduce to 
 this end. Views change from age to age, and from 
 year to year, relative to the efficacy of particular 
 punishments, and doubtless still further changes will 
 take place as society becomes more experienced. It 
 may, however, be considered to be the settled policy 
 of civilized society that punishment should be cer- 
 tain, that it should be proportioned to the offence, 
 and that it should be of such a character as to se- 
 cure the end arrived at, with the least possible 
 bodily suffering to the criminal ; and this latter not 
 so much from any tender regard which society has 
 for the feelings of offenders against the law, but 
 mainly because experience has demonstrated that 
 cruel or unusual punishments which have much of 
 the character of revenge about them, are less effect- 
 ual in preventing crime than those whieh are mild 
 in character, and dignified in the manner of infliction. 
 
 The safety of society is supposed to be secured 
 through punishment in two ways : 
 
 1. By the effect which it has upon the offend- 
 ing individual in intimidating him, in causing him to 
 
48 INSANITY IN ITS RELATIONS TO CRIME. 
 
 suffer mental or physical pain as a sort of recompense 
 which he owes to society for his crime, or in placing 
 him in such a condition that it will be impossible for 
 him for a limited period, or ever again, to break the 
 laws. 
 
 2. By the example which is afforded to others 
 who might feel inclined to commit crimes, but whose 
 vicious inclinations are kept in check by the cer- 
 tainty or probability of the law taking hold of them, 
 should they pass the prescribed bounds. 
 
 In providing for its safety, society has almost in- 
 variably carried out the maxim . of securing the 
 greatest good to the greatest number, and has there- 
 fore to a great extent disregarded the natural rights 
 of individual persons. For example, it is certainly 
 unjust to the individual to punish him for the viola- 
 tion of a law the very existence of which is unknown 
 to him. Society does not care for this ; safety for 
 the property and lives of the majority is of para- 
 mount importance, and therefore the offender is fined, 
 incarcerated, or put to death, according to the extent 
 of his crime, notwithstanding the fact of his igno- 
 rance. And this it does not so much for the pur- 
 pose of avenging the violation of the law, as to act 
 upon others by the force of example, and to prevent 
 the escape of criminals by a plea which it would be 
 difficult in many cases to disprove. 
 
OBJECT OF PUNISHMENT. 49 
 
 The laws which formerly prevailed extensively, 
 relative to attainder of blood for certain crimes, and 
 which still exist in a more or less modified form in 
 some countries, were likewise unjust to individuals. 
 For acts erf high-treason, not only were the offenders 
 themselves put to death, but all their kindred with- 
 in certain degrees were killed or banished, with for- 
 feiture of estates ; and even now, in the most enlight- 
 ened nations of the earth except our own the 
 heirs of a traitor who is punished with death are 
 deprived of the property which in the natural course 
 of events would have descended to them. Individ- 
 uals are thus punished for a relation wholly beyond 
 their control, in order that treason may be " made 
 odious " and society protected. And, going higher, 
 what can be more painful to our sense of abstract 
 justice than the decree of the Almighty that " the 
 sins of the fathers shall be visited upon the chil- 
 dren ? " Certainly the only object of such a law is 
 that the fathers may be more effectually restrained 
 from sin by the contemplation of the idea that their 
 children will suffer for their delinquencies. 
 
 Looking at the matter, therefore, from a similar 
 point of view, no valid argument can be adduced 
 against the punishment of the insane, even though 
 they be morally irresponsible for their acts by reason 
 of delirium, dementia, morbid impulse, emotional 
 
50 INSANITY IN ITS RELATIONS TO CRIME. 
 
 insanity, or any other form of mental aberration. It 
 is reported of an English judge that he once ad- 
 dressed a criminal in these words : 
 
 " You have been convicted of the crime of mur- 
 der. It has been alleged in your defence* that you 
 were actuated by an irresistible impulse. This may 
 be true, but the law has an irresistible impulse to 
 punish you, and it therefore becomes my duty to sen- 
 tence you to be hanged." 
 
 In reference to such lunatics, a distinguished 
 French magistrate observed to Marc, an eminent 
 alienist : " These men are madmen ; ~but it is neces- 
 sary to cure their mad acts in the Place de Greve" 
 
 These judical opinions are adduced not as meriting 
 full approval, but merely to show how selfishly soci- 
 ety protects itself even against insane violators of its 
 laws. 
 
 The existence of a delusion is regarded in law as 
 evidence of insanity, and the fact that an individual 
 accused of crime has such a false conception of his 
 mind is considered a valid defence. This is, doubt- 
 less, correct practice in many cases, but it should be 
 understood that an act may be the direct and logical 
 consequence of a delusion, and still be criminal. For 
 instance, if I entertain the delusion that a certain 
 person has injured me, I may be insane, but, even if 
 I am, I ought to be punished if I kill the individual 
 
CASE OF ANDERSON. 51 
 
 who I imagine has done me a wrong. In the State 
 of Massachusetts the law, as laid down by Chief- 
 Justice Shaw, is that a delusion to be a valid defence 
 must be of such a character as if, being true, the al- 
 leged criminal would be excused. 
 
 Beliefs as regards matters of faith, no matter how 
 much they may be at variance with common-sense, 
 and the opinions of mankind at large, cannot be con- 
 sidered delusions in the strict sense of the term, be- 
 cause they do not admit of either proof or refutation. 
 They are not concerned with matters of fact, and 
 should never, therefore, be held to acquit of respon- 
 sibility for crime, however absurd they may be. 
 
 A case, illustrative of the view here expressed, 
 occurred a few years ago. The following outline of 
 the circumstances was published at the time in the 
 London Lancet : 
 
 The prisoner, Charles Anderson, was convicted 
 of deliberately taking the life of James Marchin, one 
 of the crew of the ship Raby Castle, on her home- 
 ward voyage from Penang. The circumstances of 
 the case were of an extraordinary character. The 
 prisoner, on the 28th of September, 1866, shipped in 
 the vessel as an able seaman and carpenter. It ap- 
 pears that during the voyage he gave many indica- 
 tions of an eccentric though weak intellect, of a per- 
 fectly harmless character. The deceased was a niu- 
 
52 INSANITY IN ITS RELATIONS TO CRIME. 
 
 latto. The prisoner regarded him with apprehension, 
 and was said to be under the delusion that Marchin 
 was a Russian Finn. It appears that there is some 
 extraordinary superstition among sailors, that the 
 presence of a Russian Finn on board a vessel is like- 
 ly to lead to the destruction of that vessel, together 
 with the loss of the crew. The prisoner believed 
 this. He was frequently heard to mutter to himself 
 some incoherent expressions, to the effect that he 
 could not go on in this -way, and that he must kill 
 the Russian Finn, or they would never get to Lon- 
 don. On no occasion had any personal quarrel aris- 
 en, or ill-feeling been manifested between the pris- 
 oner and the deceased. Matters continued to go on 
 in the same manner, the delusion of the prisoner be- 
 ing well known to, and regarded in a good-humored 
 spirit by, his shipmates. No one anticipated the ter- 
 rible result. During the night of the 24th of No- 
 vember the prisoner had to watch on deck, and, when 
 free to act and unobserved, he seems to have gone to 
 the bunk where the unfortunate deceased man was 
 sleeping,, and attacked him with a carpenter's axe, 
 inflicting five desperate wounds upon his neck and 
 shoulders, the effect of the former injuries being 
 nearly to sever the head from the body. The pris- 
 oner was immediately suspected as the murderer. 
 He was seen to be washing blood from his hands, 
 
CASE OF ANDERSON. 53 
 
 and to throw an axe overboard. He was at once 
 seized and asked how he had corne to murder his 
 comrade. The reply he made was, that " if he had 
 not done so, the ship would have gone on the rocks, 
 and they would all have been lost." There had been 
 a heavy gale of wind blowing at the time, and there 
 appeared to be no doubt that he had committed the 
 act under the impression that, if he did not kill the 
 deceased, both his own safety and that of the crew 
 would be endangered. Under these facts, notwith- 
 standing the charge of the learned judge, the Baron 
 Channell, the jury found the accused guilty of willful 
 murder, ignoring the suggestion of any unsoundness 
 of mind, and therefore withholding from the verdict 
 any recommendation to mercy. 
 
 The learned judge accompanied the sentence of 
 death with such observations as leave little doubt 
 relative to the impression on his own mind, even 
 though he condemned the prisoner according to law. 
 He observed that " the jury had found themselves 
 compelled to convict the prisoner of willful murder ; 
 and, as to the act itself, there was no doubt he had 
 committed it. The defence set up was, that all the 
 time he was laboring under a delusion which com- 
 pelled him to commit the crime, and that, therefore, 
 he was not responsible. It was not contended that 
 he did not, on ordinary occasions, fully appreciate 
 
54: INSANITY IN ITS RELATIONS TO CRIME. 
 
 the difference between right and wrong, but it was 
 said that he was laboring under a delusion, and that 
 the effect of this delusion was to compel him to com- 
 mit the act. The jury have carefully considered the 
 matter, and they have arrived at the conclusion that 
 they are not justified, under the circumstances, in ac- 
 quitting him on the ground of insanity, and it there- 
 fore became his duty to pass upon him the sentence 
 of the law for the crime of murder." The prisoner 
 bowed to the judge, and was then removed. 
 
 The sentence of Anderson was subsequently, on 
 the recommendation of several medical gentlemen, 
 commuted to imprisonment for life. 
 
 In regard to the propriety of Anderson's punish- 
 ment there can be no reasonable doubt. Delusions 
 such as his do not justify homicide, and, were a few 
 like him severely punished, there would be less 
 superstition and fewer delusions. While death is 
 the penalty for murder, such lunatics a,s Anderson 
 should be made to suffer it. His crime was delib- 
 erate and premeditated, and the fact that it origi- 
 nated in ignorance and false intellectual processes, 
 though it may lessen his moral criminality, does not 
 make it any safer for society to remit the punishment. 
 
 Again, some of the insane are such monsters of 
 depravity that they should be slain, upon the same 
 principle that we slay wild and ferocious beasts. 
 
THE ALTON MURDERER. 55 
 
 Such a one was the Alton murderer. On a fine 
 afternoon a clerk in a lawyer's office took a walk out 
 of town. He saw some little girls playing in a field 
 near the road. One of them, a bright and lively 
 child, he persuaded to go with him into an adjoining 
 hop-garden, and sent the others home by giving 
 them some half-pence. Shortly afterward he was 
 seen alone, and he returned to his office and made 
 an entry in his diary. The little girl was missed ; 
 her parents became alarmed. , Upon inquiry, it was 
 ascertained that she was last seen going toward the 
 hop-garden, and, on searching there, her body was 
 found cut up into small pieces. What she under- 
 went before the butchery could not be ascertained, 
 because parts of her body could not be found at all. 
 Suspicion fell on the lawyer's clerk, and he was 
 arrested. His desk was searched, and a diary found, 
 in which was this newly-made entry : " Killed a lit- 
 tle girl ; it was fine and hot." 
 
 The evidence at the trial showed that a near rela- 
 tive of his father was in confinement, suffering from 
 homicidal mania, and that his father had also been 
 insane. It was likewise proved by many witnesses 
 that the prisoner was unlike other people ; that he 
 was subject to attacks of melancholy, during which 
 he would weep without evident .cause; that his con- 
 duct had been capricious, and that it had been neces- 
 
56 INSANITY IN ITS RELATIONS TO CRIME. 
 
 sary to watch him, for fear that he would commit 
 suicide. Taking these circumstances into considera- 
 tion, there is more than a reasonable probability that 
 this wretch was insane. But the jury disregarded 
 them ; a verdict of guilty was rendered, and he was 
 executed. 
 
 And can it be doubted that the following is an- 
 other case of insanity, fully as well marked as any 
 other cited in this memoir ? It is related by an Ital- 
 ian correspondent l of the London Times : 
 
 " As a mere psychological curiosity, and an evi- 
 dence of hardened villainy which it could hardly 
 have been deemed possible for human nature to 
 attain, I beg to be allowed to translate a few ex- 
 tracts from the reported trial of that Antonio Bog- 
 gia, charged with a multiplicity of deliberate mur- 
 ders at Milan, to whom I have repeatedly alluded in 
 some of my foregoing letters. You are aware that 
 this Boggia was a house-porter in easy circumstances 
 for one of his standing in life, very assiduous in the 
 discharge of his religious duties, somewhat over-de- 
 monstrative in his display of zeal and devotion, and 
 a darling of the Milan priesthood, who once got him 
 out of a sanguinary scrape for which but for their 
 interference he would probably have been, under the 
 
 1 London Times, November 29, 1861. Also Psychological Journal, 
 January, 1862, p. 3. 
 
CASE OF BOGGIA. 57 
 
 Austrian Government, hanged in time to disable him 
 from the perpetration of subsequent offences. ' Ima- 
 gine,' says the report, c 'a little man about sixty-five 
 years of age, with venerable gray hair carefully 
 smoothed down on the temples and back of the 
 head, an easy cheerfulness of countenance, an imper- 
 turbable calmness of speech, a spotless white neck- 
 cloth, the whole outward man would lead you to 
 look upon him as a poor, aged wight brought into 
 difficulty by some mistake, or in consequence of some 
 deep-laid scheme of calumny. The president asks him 
 by what circumstances he was led to do away with his 
 last victim, the woman Perocchio, sixty-six years old, 
 who had welcomed him to her house with the most 
 perfect trust. Boggia begins by rubbing his hand, 
 takes his handkerchief out of his pocket, wipes his 
 mouth ; then pulls out his snuffbox, and takes a good 
 pinch ; then, without a wink of the eye, no faltering 
 of the voice, without a glimpse of remorse or com- 
 punction, he thus tells his atrocious tale : " What can 
 I say to you, my lord president ? We were there 
 all alone ; the old woman smiled ; a whim or inspira- 
 tion came upon me. I took up my hatchet and let 
 it go at her head with so good an aim that she did 
 not utter one cry. She was knocked down instantly 
 and died quite easy. When she lay on the ground 
 stretched out I sat down for a quarter of an hour 
 
58 INSANITY IN ITS RELATIONS TO CRIME. 
 
 looking at her, and as I looked a fit of laughter 
 seized me. I then went out for a little air and 
 came back to sleep. 
 
 " l On the morrow I cut off the woman's legs, to be 
 able to put her in my basket ' (a kind of basket with 
 handles used by street porters in Italy to carry bur- 
 dens on their shoulders), * to make it one job only, as 
 I carried her to my cellar. When I had her in my 
 cellar, I dug a goodly grave (una brava fossa) along 
 the wall, took out the pieces of the old woman, laid 
 them down in the grave very nicely, stretched out at 
 full length, and there was an end of it ! ' 
 
 " < And Ribbone ? What of Ribbone ? ' asked the 
 court. This Ribbone was an old friend of Boggia ; 
 he lived in the same house. A good man, fond of 
 Boggia' s children, patted them on the head, bought 
 them penny toys, took them out for a walk, and was 
 quite intimate with the family. Boggia asked Rib- 
 bone for a loan of twenty lire. Ribbone promised 
 to try to get them, but Boggia's impatience got the 
 better of him. He found some pretext to decoy his 
 poor friend into his cellar, asked him to look for 
 something he had dropped on the ground, and as the 
 other stooped he was over him with the formidable 
 hatchet, which he had secreted under his cloak, and 
 with one stroke on the nape of the neck he levelled 
 him stone-dead with the ground ! 
 
THE FORCE OF EXAMPLE. 59 
 
 < But why did you kill* him ? ' 
 
 "' Simply "because he did not procure me the 
 twenty lire I wanted.' 
 
 " On another occasion, after killing one Mazza, 
 1 he went out of his cellar for a little air,' as he said, 
 ' and walked along the canals to see the boats load- 
 ing,' then came back at night and dug the usual 
 grave. But the grave was not long enough ; he 
 doubled up the corpse as he best could, and left it 
 to keep company with the other victim." 
 
 It is common to hear lawyers descant about the 
 power of motive as influencing a person in the perpe- 
 tration of a crime, and doubtless it is generally cor- 
 rect to hold that the absence of motive is either 
 proof that the alleged offender is not the real perpe- 
 trator, or, if he is, that the act was done under the 
 influence of a mistake, an accident, or mental aberra- 
 tion. Boggia was executed, but there can be little or 
 no doubt of his insanity. Had his crimes and his 
 trial taken place in this country or in Great Britain, 
 he would probably have been acquitted, and perhaps 
 even have been turned loose on the community to 
 commit other atrocities. 
 
 All psychologists recognize the force of example. 
 A man commits suicide in some unusual manner, and 
 straightway this becomes the prevailing mode of ac- 
 complishing self-destruction. All are likewise famil- 
 
60 INSANITY IN ITS RELATIONS TO CRIME, 
 
 iar with the principle called the " force of sugges- 
 tion." An individual becomes melancholic from an 
 exaggeration of his selfish instincts. His emotion 
 might cany him no further, till suddenly he hears 
 that a terrible murder has been committed. He 
 eagerly reads the details ; he broods over all the 
 minutiae, till they are assimilated to his own morbid 
 thoughts. He perhaps learns that the perpetrator is 
 insane, and will thus, probably, escape punishment. 
 Nothing is, therefore, more in consonance with his 
 ideas than to go and do likewise, and the suggestion 
 soon ripens into a frightful reality. Let it be under- 
 stood that such murderers will be punished, and 
 they will the better control their morbid impulses. 
 
 That many of the insane possess great powers of 
 self-control, is well known -to all those who have 
 studied the various phases of mental aberration. 
 The influence of rewards and punishments is by no 
 means nugatory, and a discipline very healthful to 
 their disordered intellects or emotions can be thus 
 brought to bear upon them. Every superintendent 
 of a lunatic asylum knows that many of his worst 
 patients can be improved in their conduct, mind, 
 and character, by being rewarded when they de- 
 serve commendation, and punished when they have 
 incurred censure. These rewards and punishments 
 not only influence the patients directly concerned, 
 
POWER OF SELF-CONTROL IN THE INSANE. 61 
 
 but are understood and commented upon by many 
 of the others. 
 
 Thus, when Martin was arrested for setting fire to 
 York Minster Cathedral, the circumstance was com- 
 mented upon by the inmates of a lunatic asylum in 
 the vicinity. The idea that he would be punished 
 was scouted. " He is one of us," they exclaimed, 
 " and of course is not responsible for his acts." It 
 is certainly reasonable to believe that individuals, 
 aware of their irresponsibility, would be capable of 
 exercising a measurable control over their actions 
 and impulses. I must, therefore, differ with that 
 eminent psychological jurist, Mr. Francis Wharton, 
 when he declares l that " it certainly will not be 
 maintained that a consciousness of the legal relations 
 of crime, such as this remark exhibited, confers re- 
 sponsibility where it does not otherwise exist." It 
 is not that the consciousness confers responsibility, 
 but that it indicates its existence. 
 
 Now, the same is true of the insane outside of 
 asylums and there are many such who pass through 
 life scarcely suspected of being the subjects of men- 
 tal aberration, but who simply wait for the excit- 
 ing cause which is to bring their latent suscepti- 
 bilities into action. Let them understand that in- 
 
 / 
 
 1 " A Treatise on Mental TJnsoundness, embracing a General View 
 of Psychological Law." Philadelphia, 1873, p. 156. 
 
62 INSANITY IN ITS RELATIONS TO CRIME. 
 
 sanity does not necessarily license an individual to 
 do what lie pleases without punishment, and a power 
 is brought to the aid of their wavering intellects 
 which may turn the scale definitely in their favor. 
 It is not only for the safety of society, therefore, that 
 insane criminals should be punished, but for the 
 sake of other insane who are not yet entirely de- 
 prived of responsibility. 
 
 And even when mental aberration is well pro- 
 nounced, the affected individual is often capable of 
 controlling his actions, and at times of arresting the 
 farther "progress of his disease. Thus, in the exami- 
 nation of Leger at his trial, the fact of previously- 
 resisted temptations, and the fear of discovery, were 
 clearly brought out. " Did you not," asked the 
 president of the court, " often conceive the idea of 
 carrying a woman to the cave ? " 
 
 " I had the idea," replied the prisoner, " but I did 
 not do it. Despair led me to take up my abode there. 
 My mind was gone. I had desires, but I did not wish 
 to gratify them." 
 
 " You have stated in your preliminary examina- 
 tion that you feared the resistance of an adult wom- 
 an. Did you also fear that her cries would attract 
 the attention of the passers-by ? " 
 
 "Yes, sir." 
 
 And Jobard declared : " My action was criminal, 
 
POWER OF SELF-CONTROL IN THE INSANE. 63 
 
 I know, and I went on toward it without reflection. 
 If I could have thought correctly ; if I could have 
 confided my thoughts to some one and been advised, 
 I would never have committed the deed." Might he 
 not justly have been held responsible for his neglect 
 to avail himself of all means likely to deter him from 
 the commission of his crime ? 
 
 And again we have Jules asserting : " If my father 
 had addressed to me one word when I entered the 
 drawing-room, a single word, whatever it might have 
 been, I should not have killed my step-mother." He 
 was undeniably insane, and yet how slight a circum- 
 stance would, by his own showing, have diverted 
 him from the homicide ! 
 
 Dr. Forbes Winslow, 1 in an article entitled " Un- 
 recognized Insanity," thus relates the details of a 
 case which came under his personal observation : 
 
 " We were consulted, some years ago, by an un- 
 married lady of about thirty years of age. She was 
 healthy and robust in aspect, of strong, even mascu- 
 line intelligence, which had been nurtured and di- 
 rected by a brother, and her manners were calm and 
 self-possessed. She had moved in a circle containing 
 studious and thinking people, and had busied her- 
 self rather with the stern realities than the romance 
 of our lot. She made the following confession : 
 
 1 Psychological Journal, 1861, p. 659. 
 
64 INSANITY IN ITS RELATIONS TO CRIME. 
 
 When passing by or near to a window in the street 
 (and the plate-glass era had just commenced) she felt 
 a strong inclination to break the panes ; when in 
 church and during sermon, but irrespective of its 
 character and her devotional tendencies she was 
 pious though not a pietist she was often impelled 
 to shout or shriek aloud ; and when intrusted with 
 the care of an infant, which frequently happened, she 
 was invariably tempted to crush it, or dash it down 
 upon the floor. This applicant was fully aware that 
 these dispositions were superadded to her natural 
 character ; she regarded them as criminal or morbid, 
 she could gaze at, and, in a certain sense, speculate 
 upon the impending ruin of her own mind ; she con- 
 cealed, repelled, struggled with, vanquished these im- 
 pulses, and it was because the violence of her antag- 
 onists had increased, and because the victory had be- 
 come doubtful, that she sought medical aid." 
 
 Dr. Thomas Mayo, 1 in an interesting memoir says : 
 " Doubtless these symptoms, varying between eccen- 
 tricity and insanity, but combined with vicious pro- 
 pensities, are often received into an asylum, when 
 a prison would be more appropriate. I was told 
 lately by Mr. Pownall, chairman, I think, of the 
 Brentford Quarter Sessions, the following anecdote 
 
 1 " On the Moral Phenomena of Insanity and Eccentricity," Psycho- 
 logical Journal, 1861, p. 176. 
 
POWER OF SELF-CONTROL IN THE INSANE. 65 
 
 respecting Oxford, who afterward attempted the 
 queen's life: Some time before that act, he was 
 brought before Mr. Pownall and another magistrate, 
 on account of some very eccentric cruelty shown to 
 some fowls, and for this offence let off with a repri- 
 mand. Seeing Mr. Pownall some time afterward 
 when in the penal wards of Bedlam, * Had you,' 
 said Oxford to that gentleman i had you punished 
 me when I was brought before you for that former 
 offence, I should not now have been here.' " 
 
 " X , aged twenty-five years, presented himself 
 
 to M. Berillon, commissary of police, and requested to 
 be placed in a lunatic asylum. ' I am a school-mas- 
 ter,' said he, ' and, without being absolutely insane, 
 I experience, when I lay awake at night, strange sen- 
 sations. Notwithstanding all my efforts, the idea 
 seizes me with overpowering force that I must kill 
 one of the pupils under my charge. Until now, not- 
 withstanding that I have been on the point of stran- 
 gling one of them, I have been able, by calling all my 
 mental power into action, to conquer the impulse. 
 But I am no longer master of myself, and the sight 
 of a child would at once call my deplorable propen- 
 sity into action. In coming to your office, I have 
 averted f my face so as not to see a child.' At this 
 moment an officer entered with a boy whom he had 
 arrested in the act of stealing. X at once became 
 
66 INSANITY IN ITS RELATIONS TO CRIME. 
 
 violently excited, and would have seized the little 
 vagabond had he not been prevented by the gen- 
 darme present. He was committed according to his 
 wish." ' 
 
 This case is very fully described by M. Dagonet, 9 
 
 the superintendent of the asylum in which X was 
 
 placed, and his antecedents are shown to have been 
 of such a character as to indicate eccentricity of mind 
 from a very early period of his life. 
 
 In reference to such instances *and there are 
 many more which it would be easy to bring forward 
 the scientific and legal questions to be considered 
 are very different, and a great deal of the practical 
 difficulty attendant upon them arises from the efforts 
 made by physicians and jurists to reconcile pathol- 
 ogy with law. Such attempts must always fail, for 
 the reason that the professors of each science look at 
 the subject from entirely different stand-points, and 
 are actuated by different motives. The one class 
 seeks to establish the existence of disease, the other 
 is engaged in the effort to protect society. Both are 
 right, but the views of neither should prevail to the 
 exclusion of those of the others for an individual 
 may be at the same time insane and responsible for 
 an infraction of the law. 
 
 This view is well maintained by Dr. Mayo in the 
 
 1 Journal de Mtdecine Mentale, 1869, p. 317. a Ibid., p. 356. 
 
RESPONSIBILITY AND PtJNISHABILITY. 67 
 
 paper already referred to. He says : " We cannot 
 wait to clear up the question whether the definition 
 of insanity, such as it ought to be, has been accom- 
 plished in the supposed case, so as to enable us to 
 coerce it by a certificate of unsoundness of mind be- 
 fore it has reached a Cenci denoument, or such a one 
 as 'Feuerbach brings forward in his work on juris- 
 prudence, in which the lives of a whole family were 
 saved by their concurring to put to death a homi- 
 cidal father. The law will not permit the idea of 
 insanity in the agent to plead his excuse when he 
 knows that he is perfectly aware of the murderous 
 tendency of his actions, and, in being unable to resist 
 them, is only in the same predicament with every 
 recognized aspirant to the gallows." 
 
 But, though some lunatics are responsible for 
 their acts, there are others who clearly are not, whose 
 intellectual faculties are so perverted or destroyed 
 as to render them absolutely unaccountable for their 
 actions. Punishment of them can only be justifiable 
 solely in the interest of the safety of society, and 
 should never extend beyond the deprivation of per- 
 sonal liberty. As to any rules for the determination 
 of the degree of responsibility, none can be given, 
 the decision being necesarily left to the examination 
 of the phenomena of each individual case. As Bain 1 
 
 1 " The Emotions and the Will," second edition, London, 1865, p. 522. 
 
68 INSANITY IN ITS RELATIONS TO CRIME. 
 
 says : " It is impossible to deal with such cases by a 
 theoretical rule, they must be treated on their indi- 
 vidual merits as they occur." 
 
 A case was recently tried at Rochester, in this 
 State, in which a man, David Montgomery, subject to 
 epilepsy, was charged with the murder of his wife. 
 The deed was not denied, but the defence of insan- 
 ity was set up, and it was attempted to be shown 
 that, at the time of the commission of the homicide, 
 Montgomery was unconscious. My opinion in the 
 case was asked by the district attorney, and, after 
 a careful consideration of the evidence and a minute 
 personal examination of the prisoner, I testified that, 
 though he was subject to epileptic convulsions and 
 had a disease of his brain, he was conscious at the 
 time of the murder, and that the act was premedi- 
 tated and deliberate. Other physicians Drs. Gray, 
 of Utica, and Cook, of Canandaigua differed with 
 me in regard to Montgomery's responsibility. He 
 was, however, convicted of murder in the first de- 
 gree, and duly sentenced to be hanged. 
 
 An application for a new trial was refused by 
 the Supreme Court. The opinion was delivered by 
 Judge Mullin. 1 In it the learned judge makes the 
 following remarks, which strike me as being dictated 
 
 1U Abbott's Practice Keports," new series, vol. xiii., People vt. 
 David Montgomery. 
 
OPINION OF MR. JUSTICE MULLIN. 69 
 
 not only by a sense of what is due to society, but as 
 being based on common-sense, and not at variance 
 with the facts of the case and sound pathology. 
 
 " While I am of opinion that, for some days be- 
 fore the killing, the prisoner was partially insane, 
 and sometimes during that time more so than at 
 others, there is no evidence that he was not capable 
 of distinguishing right from wrong, at any time be- 
 tween noon on Saturday and the commission of the 
 crime. Indeed, we might go further, and say that at 
 no time, except when he was in one of his epileptic 
 fits, is it proved that he was incapable of distinguish- 
 ing right from wrong. Drs. Gray and Cook give it 
 as their opinion that the disordered state of mind 
 produced by one of those fits may continue for days, 
 and the person having it be unconscious of what is 
 passing, notwithstanding he may act and talk ration- 
 ally during the time. 
 
 " If courts are to act upon this as an established 
 fact, I do not see but that all attempts to punish 
 such persons must be given up. If a man may be 
 utterly insane, and yet act and talk rationally, it is 
 impossible by any test to determine where responsi- 
 bility for crime attaches. We may convict a person 
 altogether incapable of committing a crime. 
 
 " I do not make these remarks because I doubt 
 the correctness of the opinions of these learned and 
 
70 INSANITY IN ITS RELATIONS TO CRIME. 
 
 intelligent gentlemen, but to say that while the 
 greatest degree of care and caution must be exercised 
 in determining the question of capacity to commit 
 crime, yet we must hold the man responsible whose 
 acts and declarations prove him so far wrong as to 
 know that the act which he commits is by the laws 
 of God and man wrong. If under this rule a person 
 that is irresponsible is punished, it must be sub- 
 mitted to, or entire immunity must be given to per- 
 sons proving insanity. I am of the opinion that the 
 judgment was right and should be affirmed." 
 
 Although not a test of insanity, the knowledge 
 of right and wrong is a test of responsibility ; and by 
 knowledge of right and wrong is not meant the 
 moral knowledge that a particular act would be in- 
 trinsically right or wrong, but, that it would be con- 
 trary to the law ; or rather the individual need not 
 actually have this knowledge, but, so far as his mind 
 is concerned, he must possess the capacity to have it. 
 For ignorance is no excuse, and the safety of society 
 imperatively demands that all should take means to 
 make themselves acquainted with the laws of the 
 
 1 For a full account of this case, the reader is referred to my paper 
 entitled " Medico-Legal Points in the Case of David Montgomery," Psy- 
 chological Journal, January, 1872. Eighteen months elapsed before a 
 final decision was reached. By that tune the epilepsy, under which the 
 prisoner undoubtedly suffered, had so far impaired his mind that it was 
 deemed advisible to send him to the asylum for insane criminals at 
 Auburn. 
 
IRRESISTIBLE IMPULSE. 71 
 
 land in which they live. Now, any individual hav- 
 ing the capacity to know that an act which he con- 
 templates is contrary to law, should be deemed 
 legally responsible, and should suffer punishment. 
 He possesses what is called by Bain * punishabil- 
 ity. If he does not possess this capacity, then he 
 ought not to be allowed to go at large, for he is a 
 greater enemy to society than one who with evil 
 intent has nevertheless sufficient reason to guide him. 
 
 And as regards " irresistible impulse," it is doubt- 
 fill if it ever exists even with the insane. That they 
 have impulses which are almost irresistible is unques- 
 tionable. I have already brought forward several of 
 this character in the present memoir, and others 
 have occurred within the range of my own personal 
 experience. Griesinger, 8 than whom there is no 
 higher authority, says : 
 
 " The matter of determining if, with the insane, 
 there are certain directions of the will, and certain 
 tendencies which are irresistible, especially those 
 which induce to criminal acts, and if so, how far 
 they extend, are questions which have not yet been 
 definitely answered. In the insane there are very 
 few acts which are forced, or purely automatic move- 
 
 1 " The Emotions and the Will," second edition, London, 1865, p. 
 520. 
 
 a Pathologic und Therapie des psychischen Krankheiten," Stuttgart, 
 1861, S. 47. 
 
Y2 INSANITY IN ITS RELATIONS TO CRIME. 
 
 ments even in mania ; and those who have recovered 
 testify to this fact, to the ability which they pos- 
 sess to restrain in great part their wild impulses. 
 The criminal acts of the insane have not ordinarily 
 the characteristics of irresistible impulses." 
 
 Mr. Francis Wharton * refers with approval to Mr. 
 J. S. Mill's remarks on this subject, in which this 
 philosopher " supposes the case of a race of men 
 whose hereditary tendencies are as great and uncon- 
 trollable as those of lions and tigers, than which, no 
 case, brought up by the advocates of the unpunisha- 
 bility of those subject to irresistible impulses, could 
 be more strong. Having supposed such men, he asks 
 whether we would not treat them precisely as we 
 would a wild beast, even though we supposed them 
 to act necessarily. The highest theory of fatalism, 
 he infers from this, is not inconsistent with the in- 
 friction of penalties on the offender. The question 
 then, is, Is such punishment just ? Can we justly 
 punish a man for that which he cannot help \ And 
 he argues that we certainly can if announcing be- 
 forehand that such offenders are to be punished, and 
 supporting the announcement by inflexible and uni- 
 form execution is the way to keep them from com- 
 mitting the obnoxious act. If the end the preven- 
 tion of crime be justifiable, then the necessary 
 
 1 Op. cit., p. 128, 148. 
 
PROPRIETY AND CHARACTER OF PUNISHMENT. 73 
 
 means for the prevention of crime are also justifia- 
 ble." 
 
 And, eevn if actual cerebral disease be the cause 
 of the irresistible impulse, it does not materially 
 detract from the right of society to protect itself 
 against injury from those in whom it exists. A dog 
 afflicted with hydrophobia, going about snapping at 
 those who come in its way, is destroyed in order that 
 it may not bite us, and may not poison other dogs, 
 who, in their turn, might bite us. The dog is suffer- 
 ing from a disease of its brain, which gives it an ir- 
 resistible impulse to bite. We kill it without the 
 slightest hesitation. We would be almost equally 
 justifiable in killing the insane with irresistible im- 
 pulses to commit homicide, if we did not possess 
 places in which we could confine them safely. 
 
 Of course, the punishments awarded to the insane 
 should be apportioned with regard to the nature of 
 the crime, and the character of the insanity, and 
 should thus extend from simple sequestration to fine 
 and imprisonment with labor, and, in some cases, 
 even to death so long as death is, by law, the pun- 
 ishment for certain kinds of homicide. The only 
 forms of insanity which, in my opinion, should ab- 
 solve from responsibility and, therefore, from any 
 other punishment except sequestration, are such a de- 
 gree of idiocy, dementia, or mania, as prevents the in- 
 
Y4: INSANITY IN ITS RELATIONS TO CRIME. 
 
 dividual from understanding the consequences of his 
 act, and the existence of a delusion in regard to a 
 matter of fact which, if true, would justify his act. 
 Persons suffering from either of these forms of men- 
 tal derangement should, in the interest of the safety 
 of society, be deprived of their liberty. 
 
 But, the individual who has sufficient intelli- 
 gence to know that pointing a loaded pistol at a 
 human being, cocking it, and pulling the trigger, 
 are acts which will cause the death of the person 
 against whom they are directed, should be subjected 
 to the same punishment for a homicide as would be 
 awarded for a like offence committed by a sane per- 
 son. And the insane person whose delusions are not 
 such as would, if true, justify a homicide, should 
 come under the same rule. 
 
 Emotional insanity, and volitional insanity, or 
 irresistible impulse, should generally be allowed as 
 much extenuating force as "heat of passion." The 
 exceptions should be cases such as those of Leger 
 and the Alton murderer, in which there was a delib- 
 erate purpose to commit murder or other crime. 
 
 And, in determining whether or not the person 
 who has committed a crime was insane at the time, 
 we should not, as is too generally done, merely con- 
 sider the mental condition of the prisoner at the 
 time the offence was perpetrated. All the previous 
 
PHYSICAL SYMPTOMS. 75 
 
 and subsequent circumstances, as well as those at- 
 tendant upon the act, should be thoroughly investi- 
 gated, and due weight should be given to those 
 physical symptoms, the existence of which will al- 
 ways be revealed by careful examination. Insanity 
 is only a manifestation of disease of the brain. Its 
 basis is as much physical as is that of pneumonia, or 
 valvular disease of the heart, or any other affection 
 which all regard as bodily. It is no more possible 
 for a person to be insane without other evidences of 
 disease than mental derangement, than for pneu- 
 monia to exist with no other symptoms than dis- 
 turbed respiration, or for valvular disease of the 
 heart to be restricted in its manifestations to irregu- 
 larity of the circulation of the blood. The doctrine 
 that an individual can be entirely sane immediately 
 before and after any particular act, and yet insane 
 at the instant the act was committed, is contrary 
 to every principle of sound psychological science. 
 Even in the most striking instances of what is called 
 transitory mania, or morbid impulse, the evidences 
 of preexistent and subsequent disease of the brain, 
 will be found if they are looked for with skill and 
 diligence and intelligence. 
 
 As to frenzy, which is really nothing more than 
 intense emotional disturbance, its consideration does 
 not come within the scope of this memoir. 
 
76 INSANITY IN ITS RELATIONS TO CRIME. 
 
 An insane person deprived of his liberty on ac- 
 count of a murder, should never again be allowed to 
 go at large. The danger of a relapse after a cure is 
 always great, and a shrewd lunatic may very readily 
 deceive those about him into the belief that he is 
 cured, when, in fact, he is only planning his escape 
 from durance. The books and journals devoted to 
 the subject of mental diseases abound with cases 
 of lunatics who have committed homicides after 
 having been discharged from asylums as perfectly 
 cured. 
 
 The insane should never, however, be confined in 
 ordinary prisons. There ought to be penitentiary 
 asylums in which insane criminals should be placed, 
 and in which, while they are so securely kept as 
 to render society safe from their propensities and 
 weaknesses, their unfortunate conditions should come 
 under such humane and scientific treatment as 
 would be best calculated to afford amelioration and 
 cure. 
 
 Finally, with all our care injustice to some extent 
 will attend upon every legal process, and the at- 
 tempt by man to reconcile the principles of abstract 
 right with the customs, the obligations, and the ne- 
 cessities of society, will always be a vain effort. But 
 he can at least console himself with the reflection 
 embodied in the following extract from Tacitus 
 
CONCLUSION. 77 
 
 that most eminent jurist and virtuous man appli- 
 cable particularly to acts of punishment against the 
 insane : " Habet aliquid ex iniquo omne magnum 
 exemplum, quod contra singulos, utilitate publica 
 rependitur." 
 
 THE END. 
 
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CATALOGUE 
 
 OP 
 
 MEDICAL WORKS. 
 
 ANSTIE. 
 
 ISI euralglcl, and Diseases which resemble it. 
 By FRANCIS E. ANSTIE, M. D., F. R. C. P., 
 
 Senior Assistant Physician to Westminster Hospital ; Lecturer on Materia Medica in West- 
 minster Hospital School ; and Physician to the Belgrave Hospital for Children Editor 
 of "The Practitioner" (London), etc. 
 
 1 vol., 12mo. Cloth, $2.50. 
 
 " It is a valuable contribution to scientific medicine." The Lancet (London). 
 
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 we have seen for a long time. We have given it careful reading and thoughtful study, 
 and, for a treatise of its size, we are free to say that we have never met one that gives 
 more practical information and is fuller of useful suggestions." Medical Record.. 
 
 BARKER 
 On Sea-sickness. 
 
 By FORDYCE BARKER, M. D., 
 
 Clinical Professor of Midwifery and the Diseases of Women in the Bellevue Hospital 
 Medical College, etc. 
 
 1 vol., 16mo. 36 pp. Flexible Cloth, 75 cents. 
 
 Reprinted from the NEW YORK MEDICAL JOURNAL. By reason of the great demand 
 for the number of that journal containing the paper, it is now presented in book form, 
 with such prescriptions added as the author has found useful in relieving the suffering 
 from sea-sickness. 
 
 BARNES. 
 
 Obstetric Operations, including the Treatment 
 of Haemorrhage. 
 
 By ROBERT BARNES, M. D., F. R. C. P., LONDON, 
 
 Obstetric Physician to and Lecturer on Midwifery and the Diseases of Women and Chil- 
 dren at St. Thomas's Hospital; Examiner on Midwifery to the Royal College of Phy- 
 Bicians and to the Royal College of Surgeons; formerly Obstetric Physician to the 
 London Hospital, and late Physician to the Eastern Division of the Royal Maternity 
 
 WITH ADDITIONS, by BENJAMIN F. DAWSON, M. D., 
 
 Late Lecturer on Uterine Pathology in the Medical Department of the University of New 
 York ; Assistant to the Clinical Professor of Diseases of Children in the College of 
 Physicians and Surgeons, New York; Physician for the Diseases of Children to the 
 New York Dispensary ; Member of the I\ew York Obstetrical Society, of the Medical 
 Society of the County of New York, etc., etc. 
 
 Second American Edition. 1 vol., 8vo. 503 pp. Cloth, $4.50. 
 
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 is, a most perfect text-book on " Obstetric Operations," by one who has fuirly earned the 
 right to assume the position of a teacher. 
 
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 Lancet. 
 
D. Appleton & Co?s Medical Publications. 
 
 Bellevue and Charity Hospital Reports. 
 
 The volume of JSelUvue and Charity Hospital Reports 
 for 1870, containing valuable contributions from 
 
 ISAAC E. TAYLOR, M. D., WILLIAM A. HAMMOND, M. D., 
 
 AUSTIN FLINT, M. D., T. GAILLARD THOMAS, M. D., 
 
 LEWIS A. SAYRE, M. D., FRANK H. HAMILTON, M. D., 
 
 and others. 
 1 vol., 8vo. Cloth, $4.00. 
 
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 to the professional literature of this country." Psychological Journal. 
 
 BENNET 
 Winter and Spring on the Shores of 
 
 the Mediterranean; or, the Riviera, Mentone, Italy, 
 Corsica, Sicily, Algeria, Spain, and Biarritz, as Win- 
 ter Climates. 
 
 By J. HENRY BEXNET, M. D., 
 
 Member of the Eoyal College of Physicians, London; late Physician-Accoucher to the 
 Royal Free Hospital; Doctor of Medicine of the University of Paris; formerly Resi- 
 dent Physician to the Paris Hospitals (ex-Interne des HCpitaux de Paris), etc. 
 
 This work embodies the experience of ten winters and springs passed by Dr. Bennet 
 on the shores of the Mediterranean, and contains much valuable information for physi- 
 cians in relation to the health-restoring climate of the regions described. 
 
 1 vol., 12mo. 621 pp. Cloth, $3.50. 
 
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 ing Commercial. 
 
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 capital qualifications it is at once entertaining and instructive.' N. Y. Medical Journal. 
 
 On the Treatment of Pulmonary Con- 
 
 sumption, by Hygiene, Climate, and Medicine, in its 
 Connection with Modern Doctrines. 
 
 By JAMES HENRY BENNET, M. D., 
 
 Member of the Royal College of Physicians, London; Doctor of Medicine of the University 
 of Paris, etc., etc. 
 
 1 vol., thin 8vo. Cloth, $1.50. 
 
 An interesting and instructive work, written in the strong, clear, and lucid manner 
 which appears in all the contributions of Dr. Bennet to medical or general literature. 
 
 "We cordially commend this book to the attention of all, for its practical common- 
 eense views of the nature and treatment of the scourge of all temperate climates, pulmo- 
 nary consumption." Detroit Review of Medicine. 
 
D. Appleton & CoSs Medical Publications. 
 
 BILLKOTH. 
 
 General Surgical Pathology and The- 
 
 rapeutics, in Fifty Lectures. A Text-look for /Students 
 and Physicians. 
 
 By Dr. THEODOR BILLROTH, 
 
 Professor of Surgery in Vienna. 
 
 Translated from the Fourth. German Edition, with the special permission 
 of the Author, by 
 
 CHARLES E. HACKLEY, A. M., M. D., 
 
 Surgeon to the New York Eye and Ear Infirmary; Physician to the New York Hospital; Fellow 
 of the New York Academy of Medicine, etc. 
 
 1 vol., 8vo. 676 pp., and 152 Woodcuts. Cloth, $5.00. 
 
 Professor Theodor Billroth, one of the most noted authorities on 
 Surgical Pathology, gives in this volume a complete resume of the exist- 
 ing state of knowledge in this branch of medical science. The fact of 
 this publication going through four editions in Germany, and having 
 been translated into French, Italian, Russian, and Hungarian, should be 
 some guarantee for its standing. 
 
 6PECIMEU OF ILLUSTRATIONS. 
 
 Mammary Cancer, adnons form, magnified 60 diameters. 
 
 " The want of a book in the English language, presenting in a concise form the 
 views of the German pathologists, has long been felt ; and we venture to say no 
 
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 We would strongly recommend it to all who take any interest in the progress of 
 thought and observation in surgical pathology and surgery." The Lancet. 
 
 " A great addition to our literature." N. Y. Medical Journal. 
 
 "We can assure our readers that they will consider neither money wasted in 
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D. Appleton & CoSs Medical Publications. 
 
 COMBE. 
 
 The Management of Infancy, Physiologi- 
 cal and Moral. Intended chiefly for the Use of 
 Parents. 
 
 By ANDREW COMBE, M. D. 
 
 REVISED AND EDITED 
 
 By SIR JAMES CLARK, K.O.B., M.D., F. R. S., 
 
 Physician-in-ordinary to the Queen. 
 
 First American from the Tenth London Edition. 1 vol., 12mo. 302 pp. 
 
 Cloth, $1.50. 
 
 " In the following pages I have addressed myself chiefly to parents 
 and to the younger members of the medical profession ; but it is not to 
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 fect infinitely more good than by the distribution of any number of tracts what- 
 ever .... We consider this work to be one of the few popular medical treatises 
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 are followed, he will probably lose a few guineas, he will not begrudge them if 
 he sees his friends' children grow up healthy, active, strong, and both mentally 
 and physically capable." The Lancet. 
 
 DAVIS. 
 
 Conservative Surgery, as exhibited in remedying 
 some of the Mechanical Causes that operate injuri- 
 ously both in Health and Disease. With Illustrations. 
 
 By HENRY G. DAYIS, M. D., 
 
 Member of tne American Medical Association, etc., etc. 
 1 vol., 8vo. 315 pp. Cloth, $3.00. 
 
 The Author has enjoyed rare facilities for the study and treatment 
 of certain classes of disease, and the records here presented to the pro- 
 fession are the gradual accumulation of over thirty years' investigation. 
 
 " Dr. Davis, bringing, as he does to his specialty, a great aptitude for the 
 solution of mechanical problems, takes a high rank as an orthopedic surgeon, 
 and his very practical contribution to the literature of the subject is both valu- 
 able and opportune. We deem it worthy of a place in every physician's library. 
 The style is unpretending, but trenchant, graphic, and, best of all, quite intelli- 
 gible." Medical Record. 
 
D. Appleton <& Co?s Medical Publications. 
 
 FLINT. 
 
 The Physiology of Man. Designed to rep- 
 resent the Existing State of Physiological Science as 
 applied to the Functions of the Human Body. 
 By AUSTIN FLINT, JR., M. D., 
 
 Professor of Physiology and Microscopy in the Bellevue Hospital Medical College, and in the 
 Long Island College Hospital ; Fellow of the New York Academy of Medicine ; Microscopist 
 to Bellevue Hospital 
 
 In Five Volumes. 8vo. Tinted Paper. 
 Volume I. The Blood ; Circulation; Respiration. 
 
 8vo. 502 pp. Cloth, $4.50. 
 
 SPECIMEN OF ILLUSTRATIONS. 
 
 Ducts and Acini of the Mammary Organs. 
 
 4< If the remaining portions of this work are compiled with the same care and 
 accuracy, the whole may vie with any of those that have of late years been pro- 
 duced in our own or in foreign languages." British and Foreign Medico- Chirurgi- 
 cal Review. 
 
 " As a book of general information it will be found useful to the practitioner, 
 and, as a book of reference, invaluable in the hands of the anatomist and physi- 
 ologist." Dublin Quarterly Journal of Medical Science. 
 
 " The complete work will prove a valuable addition to our systematic treatises 
 on human physiology." The Lancet. 
 
 " To those who desire to get in one volume a concise and clear, and at the 
 same time sufficiently full resume of ' the existing state of physiological science,' 
 we can heartily recommend Dr. Flint's work. Moreover, as a work of typographi- 
 cal art it deserves a prominent place upon our library-shelves. Messrs. Appleton 
 & Co. deserve the thanks of the profession for the very handsome style in which 
 they issue medical works. They give us hope of a time when it- will be very 
 generally believed by publishers that physicians' eyes are worth saving." Medi- 
 cal Gazette. 
 
D. Appleton & Co.'s Medical Publications. 
 
 Flint's Physiology. Volume IL Aliments 
 tion; Digestion; Absorption; Lymph and Chyle. 
 
 8vo. 556 pp, Cloth, $4.50. 
 
 " The second instalment of this work fulfils all the expectations raised by the 
 perusal of the first. . . . The author's explanations and deductions bear 
 evidence of much careful reflection and study. . . . The entire work is one 
 of rare interest. The author's style is as clear and concise as his method is 
 studious, careful, and elaborate." Philadelphia Inquirer. 
 
 " We regard the two treatises already issued as the very best on human physi- 
 ology which the English or any other language affords, and we recommend them 
 with thorough confidence to students, practitioners, and laymen, as models of 
 literary and scientific ability." JV. Y. Medical Journal. 
 
 " We have found the style easy, lucid, and at the same time terse. The prac- 
 tical and positive results of physiological investigation are succinctly stated, 
 without, it would seem, extended discussion of disputed points." Boston Medical 
 and Surgical Journal. 
 
 " It is a volume which will be welcome to the advanced student, and as a 
 work of reference." TJie Lancet. 
 
 " The leading subjects treated of are presented in distinct parts, each of which 
 is designed to be an exhaustive essay on that to which it refers." Western Jour- 
 nal of Medicine. 
 
 Volume III. Secretion Excretion ; Ductless Glands ; Nu- 
 trition / Animal Heat / Movements ; Voice and Speech. 
 
 8vo. 526 pp. Cloth, $4.50. 
 
 " Dr. Flint's reputation is sufficient to give a character to the book among the 
 profession, where it will chiefly circulate, and many of the facts given have been 
 verified by the author in his laboratory and in public demonstrations." Chicago 
 Courier. 
 
 " The author bestows judicious care and labor. Facts are selected with dis- 
 crimination, theories critically examined, and conclusions enunciated with com- 
 mendable clearness and precision." American Journal of the Medical Sciences. 
 
 " The work is calculated to attract other than professional readers, and is 
 written with sufficient clearness and freedom from technical pedantry to be per- 
 fectly intelligible to any well-informed man." London Saturday Review. 
 
 " From the extent of the author's investigations into the best theory and prac- 
 tice of the present day, the world over, and the candor and good judgment which 
 he brings to bear upon the discussion of each subject, we are justified in regarding 
 his treatises as standard and authoritative, so far as in this disputed subject 
 authority is admissible. New York Times. 
 
 Volume IV. The Nervous System. 
 
 This volume is now ready. It is a work of great interest, and, in 
 conjunction with the " Treatise on Diseases of the Nervous System," by 
 Dr. Win. A. Hammond, constitutes a complete work on " The Physiology 
 and Pathology of the Nervous System." 
 
 Volume V. Generation. (In press.) 
 
D. Appleton & Go's Medical Publications. 
 
 FLINT. 
 Manual of Chemical Examination of 
 
 the Urine in Disease. With Brief Directions for the 
 Examination of the most Common Varieties of Uri- 
 nary Calculi. 
 
 By AUSTIN FLINT, JB., M. D., 
 
 Professor of Physiology and Microscopy in the Bellevue Hospital Medical College ; Fellow of the 
 New York "Academy of Medicine ; Member of the Medical Society of the County of New 
 York; Eesident Member of the Lyceum of Natural History in the City of New York, etc. 
 
 Third Edition, revised and corrected. 1 vol., 12mo. 77 pp. Cloth, $1.00. 
 
 The chief aim of this little work is to enable the busy practitioner to 
 make for himself, rapidly and easily, all ordinary examinations of Urine ; 
 to give him the benefit of the author's experience in eliminating little 
 difficulties in the manipulations, and in reducing processes of analysis 
 to the utmost simplicity that is consistent with accuracy. 
 
 " We do not know of any work in English so complete and handy as the 
 Manual now offered to the profession by Dr. Flint, and the high scientific reputa- 
 tion of the author is a sufficient guarantee of the accuracy of all the directions 
 given." Journal of Applied Chemistry. 
 
 " We can unhesitatingly recommend this Manual." Psychological Journal. 
 
 "Eminently practical." Detroit Review of Medicine. 
 
 On the Physiological Effects of Severe 
 
 and Protracted Muscular Exercise. With Special Ref- 
 erence to its Influence upon the Excretion of Nitrogen. 
 By AUSTIN FLINT, JB., M. D., 
 
 Professor of Physiology in the Bellevue Hospital Medical College, New York, etc., etc. 
 
 1 vol., 8vo. 91 pp. Cloth, $2.00. 
 
 This monograph on the relations of Urea to Exercise is the result of 
 a thorough and careful investigation made in the case of Mr. Edward 
 Payson Weston, the celebrated pedestrian. The chemical analyses were 
 made under the direction of R. 0. Doremus, M. D., Professor of Chem- 
 istry and Toxicology in the Bellevue Hospital Medical College, by 
 Mr. Oscar Loew, his assistant. The observations were made with the 
 cooperation of J. C. Dalton, M. D., Professor of Physiology in the Col- 
 lege of Physicians and Surgeons; Alexander B. Mott, M. D., Professor 
 of Surgical Anatomy; W. H. Van Buren, M. D., Professor of Principles 
 of Surgery; Austin Flint, M. D., Professor of the Principles and Prac- 
 tice of Medicine ; W. A. Hammond, M. D., Professor of Diseases of the 
 Mind and Nervous System all of the Bellevue Hospital Medical College. 
 
 " This work will be found interesting to every physician. A number of im- 
 portant results were obtained valuable to the physiologist." Cin. Med. Repertory. 
 
D. Appleton & CoSs Medical Publications. 
 HAMMOND. 
 
 A Treatise on Diseases of the Nervous 
 
 System. 
 
 By WILLIAM A. HAMMOND, M. D., 
 
 Professor of Diseases of the Mtnd and Nervous System, and of Conical Medicine, in the BeDevue 
 Hospital Medical College : Physician-in-Chief to the New York State Hospital for Diseased 
 of the Nervous System, etc., etc. 
 
 SECOND EDITION, REVISED AND CORRECTED. 
 
 With Forty-five Illustrations. 1 vol., 8vo. 750 pp. Cloth, $5.00. 
 
 The treatise embraces an introductory chapter, which relates to the 
 instruments and apparatus employed in the diagnosis and treatment of 
 diseases of the nervous system, and five sections. Of these, the first 
 treats of diseases of the brain ; the second, diseases of the spinal cord ; 
 the third, cerebro-spinal diseases ; the fourth, diseases of nerve-cells ; 
 and the fifth, diseases of the peripheral nerves. One feature which may 
 be claimed for the work is, that it rests, to a great extent, upon the per- 
 sonal observation and experience of the author, and is therefore no mere 
 compilation. 
 
 " The author's clear and terse style of diction renders the book exceedingly 
 readable, and the cases reported and cited add much to the interest of the text. 
 . . . There is so much that is entertaining in the mental and other manifesta- 
 tions of nervous disorder, especially when presented as they are here, that a work 
 of this kind will find many readers outside the profession ; and, it may be hoped, 
 will serve not only to interest and amuse, but to induce a closer observance of 
 those hygienic laws upon whose violation many of the ailments here treated of 
 depend." New York Medical Journal. 
 
 " The work is replete with useful knowledge, and every physician who expects 
 to be called on, as an expert, to testify in cases of supposed insanity, after the 
 commission of crimes, should give the book a thorough perusal." Leavenworth 
 Medical Herald. 
 
 " That a treatise by Prof. Hammond would be one of a high order was what 
 we anticipated, and it affords us pleasure to state that our anticipations have 
 been realized." Cincinnati Medical Repertory. 
 
 " It affords a vast amount of information, is captivating, and worth reading." 
 Cincinnati Lancet and Observer. 
 
 " This is unquestionably the most complete treatise on the diseases to which 
 it is devoted that has yet appeared in the English language ; and its value is 
 much increased by the fact that Dr. Hammond has mainly based it on his own 
 experience and practice, which, we need hardly remind our readers, have been 
 very extensive." London Medical Times and Gazette. 
 
 "Free from useless verbiage and obscurity, it is evidently the work of a 
 man who knows what he is writing about, and knows how to write about it" 
 Chicago Medical Journal. 
 
D. Appleton & Co?s Medical Publications. 
 
 HOLLAND. 
 Recollections of Past Life, 
 
 By SIR HENRY HOLLAND, Bart., M. D., F. R. S., K. C. B., etc., 
 President of the Royal Institution of Great Britain, Physician-in-Ordinary to the Queen, 
 
 etc., etc. 
 
 1 vol., 12mo, 351 pp. Price, Cloth, $2.00. 
 
 A very entertaining and instructive narrative, partaking somewhat of the nature of 
 autobiography and yet distinct from it, in this, that its chief ohject, as alleged by the 
 writer, is not so much to recount the events of his own life, as to perform the office of 
 chronicler for others with whom he came in contact and was long associated. 
 
 The " Life of Sir Henry Holland " is one to be recollected, and he has not erred in giv- 
 ing an outline of it to the public." The Lancet. 
 
 "His memory was is, we may' say, for he is still alive and in possession of all his 
 faculties stored with recollections of the most eminent men and women of this cen- 
 tury. ... A life extending over a period of eighty-four years, and passed in the most 
 active manner, in the midst of the best society, which the world has to offer, must neces- 
 sarily be full of singular interest; and Sir Henry Holland has fortunately not waited until 
 his memory lost its freshness before recalling some of the incidents in it." The New 
 York Times. 
 
 HOWE. 
 
 Emergencies, and How to Treat Them. 
 
 The Etiology, Pathology, and Treatment of Accidents, 
 Diseases, and Cases of Poisoning, which demand 
 Prompt Attention. Designed for Students and Prac- 
 titioners of Medicine. 
 
 By JOSEPH W. HOWE, M. D., 
 
 Visiting Surgeon to Charity Hospital ; Lecturer on Surgery in the Medical Department of 
 the University of New York, etc. 
 
 1 vol., 8vo. 265 pp. Cloth, $3.00. 
 
 This volume is designed as a guide in the treatment of cases of emergency occurring in 
 medical, surgical, or obstetrical practice. It combines all the important subjects, giving 
 special prominence to points of practical Interest in preference to theoretical considera- 
 tions, and uniting, with the results of personal observation, the latest views of European 
 and American authorities. 
 
 "The style is concise, perspicuous, and definite. Each article is written as though that 
 particular emergency were present; there is no waste of words, nor temporizing with 
 remedies of doubtful efficacy. The articles on oedema glottidis. asphyxia, and strangulated 
 hernia, are particularly clear and practical, and furnish all the information required in the 
 management of those urgent cases. 
 
 _" It will be found invaluable to students and voting practitioners, in supplying thorn 
 with an epitome of useful knowledge obtainable from no other single work ; while to the 
 older members of the profession it will serve as a reliable and ' ready remembrancer.' 1 " 
 The Medical Record. 
 
D. Appleton & CoSs Medical Publications. 
 
 HUXLEY AND YOTJMANS. 
 The Elements of Physiology and 
 
 Hygiene. With Numerous Illustrations. 
 
 By THOMAS H. HUXLEY, LL. D., F. R. S., and 
 
 WILLIAM JAY YOUMANS, M.D. 
 
 1 vol., 12mo. 420 pp. $1.75. 
 
 A text-book for educational institutions, and a valuable elementary 
 work for students of medicine. The greater portion is from the pen of 
 Professor Huxley, adapted by Dr. Youmans to the circumstances and 
 requirements of American education. 
 
 " A valuable contribution to anatomical and physiological science." Religious 
 Telescope. 
 
 "A clear and well-arranged work, embracing the latest discoveries and ac- 
 cepted theories." Buffalo Commercial. 
 
 " Teeming with information concerning the human physical economy." 
 Evening Journal. 
 
 HUXLEY. 
 The Anatomy of Vertebrated Animals, 
 
 By THOMAS HENRY HUXLEY, LL. D., F. R. S., 
 
 Author of "Man's Place in Nature," "On the Origin of Species," " Lay Sermons and 
 
 Addresses," etc. 
 
 1 vol., 12mo. Cloth, $2.00. 
 
 The former works of Prof. Huxley leave no room for doubt as to the impor- 
 tance and value of his new volume. It is one which will be very acceptable to all 
 who are interested in the subject of which it treats. 
 
 SPECIMEN OP ILLUSTRATIONS. 
 
 The Alligator Terrapene (Chelydra Serpentind). 
 
 "This long-expected work will "be cordially welcomed by all students and teachers of 
 Comparative Anatomy as a compendious, reliable, and, notwithstanding its small dimen- 
 sions, most comprehensive guide on the subject of which it treats. To praise or to criti- 
 cise the work of so accomplished a master of his favorite science would be equally out of 
 place. It is enough to say that it realizes, in a remarkable degree, the anticipations which 
 have been formed of it; and that it presents an extraordinary combination of wide, gen- 
 eral views, with the clear, accurate, and succinct statement of a prodigious number of 
 individual facts." Nature. 
 
D. Appleton & CoSs Medical Publications. 
 
 JOHNSON. 
 The Chemistry of Common Life. 
 
 Illustrated with numerous Wood Engravings. 
 By JAMES F. JOHNSON, M. A., F. K. S., F. G. S., ETC., ETC., 
 
 Author of "Lectures on Agricultural Chemistry and Geology," "A Catechism of Agricultural 
 Chemistry and Geology," etc. 
 
 2 vols., 12mo. Cloth, S3. 00. 
 
 It has been the object of the author in this work to exhibit the 
 present condition of chemical knowledge, and of matured scientific 
 opinion, upon the subjects to which it is devoted. The reader will not 
 be surprised, therefore, should he find in it some things which differ 
 from what is to be found in other popular works already in his hands or 
 on the shelves of his library. 
 
 LETTEKMAfr. 
 Medical Recollections of the Army of 
 
 the Potomac. 
 
 By JONATHAN LETTERMAN, M. D., 
 
 Late Surgeon U. 8. A., and Medical Director of the Army of the Potomac. 
 
 1 vol., 8vo. 194 pp. Cloth, 81.00. 
 
 " This account of the medical department of the Army of the Poto- 
 mac has been prepared, amid pressing engagements, in the hope that 
 the labors of the medical officers of that army may be known to an in- 
 telligent people, with whom to know is to appreciate ; and as an afifec 
 tionate tribute to many, long my zealous and efficient colleagues, who, 
 in days of trial and danger, which have passed, let us hope never to re- 
 turn, evinced their devotion to their country and to the cause of hu- 
 manity, without hope of promotion or expectation of reward." Preface. 
 
 " We venture to assert that but few who open this volume of medical annals, 
 pregnant as they are with instruction, will care to do otherwise than finish them 
 at a sitting." Medical Record. 
 
 " A graceful and affectionate tribute." N. Y. Medical Journal. 
 
 LEWES. 
 The Physiology of Common Life. 
 
 By GEORGE HENRY LEWES, 
 
 Author of "Seaside Studies," "Life of Goethe," etc. 
 
 2 vols., 12mo. Cloth, $3.00. 
 
 The object of this work differs from that of all others on popular 
 science in its attempt to meet the wants of the student, while meeting 
 those of the general reader, who is supposed to be wholly unacquainted 
 with anatomy and physiology. 
 
D. Applet on <& Co.'s Medical Publications. 
 
 MAUDSLEY. 
 The Physiology and Pathology of the 
 
 Mind. 
 
 By HENRY MAUDSLEY, M. D., LONDON, 
 
 Physician to the "West London Hospital ; Honorary Member of the Medico-Psychological Society 
 of Paiis ; formerly Resident Physician of the Manchester Royal Lunatic Hospital, etc. 
 
 1 vol., 8vo. 442 pp. Cloth, $3.50. 
 
 This work aims, in the first place, to treat of mental phenomena from 
 a physiological rather than from a metaphysical point of view ; and, 
 secondly, to bring the manifold instructive instances presented by the 
 unsound mind to bear upon the interpretation of the obscure problems 
 of mental science. 
 
 " Dr. Maudsley has had tjje courage to undertake, and the skill to execute, 
 what is, at least in English, an original enterprise." London Saturday Review. 
 
 " It is so full of sensible reflections and sound truths that their wide dissemi- 
 nation could not but be of benefit to all thinking persons." PsychologicalJoumal. 
 
 " Unquestionably one of the ablest and most important works on the subject 
 of which it treats that has ever appeared, and does credit to his philosophical 
 acumen and accurate observation." Medical Record. 
 
 " We lay down the book with admiration, and we commend it most earnestly 
 to our readers as a work of extraordinary merit and originality one of those 
 productions that are evolved only occasionally in the lapse of years, and that 
 serve to mark actual and very decided advances in knowledge and science." 
 N. Y. Medical Journal. 
 
 and .Mind \ An Inquiry into their Con- 
 nection and Mutual Influence, specially in reference 
 to Mental Disorders ; being the Gulstonian Lectures 
 for 1870, delivered lefore the Royal College of 
 Physicians. With Appendix. 
 
 By HENRY MAUDSLEY, M. D., LONDON, 
 
 Fellow of the Eoyal College of Physicians; Professor of MedicalJurisprudence in University Col- 
 le-e London ; President-elect of the Medico-Psychological Association ; Honorary Member of 
 the Medico-Psychological Society of Paris, of the Imperial Society of Physicians of Vienna, 
 and of the Society for the Promotion of Psychiatry and Forensic Psychology of Vienna ; 
 formerly Eesident Physician of the Manchester Eoyal Lunatic Asylum, etc., etc. 
 
 1 vol., 12mo. 155 pp. Cloth, $1.00. 
 
 The general plan of this work may be described as being to bring 
 man, both in his physical and mental relations, as much as possible with- 
 in the scope of scientific inquiry. 
 
 "A representative work, which every one must study who desires to know 
 what is doing in the way of real progress, and not mere chatter, about mental 
 physiology and pathology." The Lancet.. 
 
 " It distinctly marks a step in the progress of scientific psychology." The 
 Practitioner. 
 
D. Appleton & CoSs Medical Publications. 
 
 MARKOE. 
 
 A Treatise on Diseases of the Bones. 
 
 By THOMAS M. MARKOE, M. D., 
 
 Professor of Surgery in the College of Physicians and Surgeons, New York, etc. 
 
 WITH NUMEROUS ILLUSTRATIONS. 
 1 vol. 8vo. Cloth, $4.50. 
 
 SPECIMEN OP ILLUSTRATIONS. 
 
 This valuable work is a treatise on Diseases of the Bones, embracing their 
 structural changes as affected by disease, their clinical history and treatment, in- 
 eluding also an account of the various tumors which grow in or upon them. 
 None of the injuries of bone are included in its scope, and no joint diseases, ex- 
 cepting where the condition of the bone is a prime factor in the problem of 
 disease. As the work of an eminent surgeon of large and varied experience, it 
 may be regarded as the best on the subject, and a valuable contribution to medi- 
 cal literature. 
 
 " The hook which I now offer to my professional brethren contains the substance of 
 the lectures which I have delivered during the past twelve years at the college. ... I 
 have followed the leadings of my own studies and observations, dwelling more on those 
 branches where I had seen and studied most, and perhaps too much neglecting others 
 where my own experience was more barren, and therefore to me less interesting. I have 
 endeavored, however, to make np the deficiencies of my own knowledge by the free use of 
 the materials scattered so richly through our periodical literature, which scattered 
 leaves it is the right and the duty of the systematic writer to collect and to embody in 
 any account he may offer of the state of a science at any given period." Extract from 
 Autfior^s Prtface. 
 
D. Appleton & CoSs Medical Publications. 
 
 MEYER 
 Electricity in its Relations to Practical 
 
 Medicine. 
 
 By DB. MORITZ METER, 
 
 Koyal Counsellor of Health, etc. 
 
 Translated from the Third German Edition, with Notes and Additions, 
 A New and Revised Edition, 
 
 By WILLIAM A. HAMMOND, M. D., 
 
 Professor of Diseases of the Mind and Nervous System, and of Clinical Medicine, in the Bellevue 
 Hospital Medical College; Vice-President of the Academy of Mental Sciences, National 
 Institute of Letters, Arts, and Sciences ; late Surgeon-General U. S. A., etc. 
 
 1 vol., 8vo. 497 pp. Cloth, $4.50. 
 
 " It is the duty of every physician to study the action of electricity, 
 to become acquainted with its value in therapeutics, and to follow the 
 improvements that are being made in the apparatus for its application in 
 medicine, that he may be able to choose the one best adapted to the 
 treatment of individual cases, and to test a remedy fairly and without 
 prejudice, which already, especially in nervous diseases, has been used 
 with the best results, and which promises to yield an abundant harvest 
 in a still broader domain." From Authors Preface. 
 
 SPECIMEN OP ILLTTSTBATIONS. 
 
 Saxton-Ettinghausen Apparatus. 
 
 " Those who do not read German are under great obligations to William A. 
 Hammond, who has given them not only an excellent translation of a most^ ex- 
 cellent work, but has given us much valuable information and many suggestions 
 from his own personal experience." Medical Record. 
 
 " Dr. Moritz Meyer, of Berlin, has been for more than twenty years a laborious 
 and conscientious student of the application of electricity to practical ^ medicine, 
 and the results of his labors are given in this volume. Dr. Hammond, in making 
 a translation of the third German edition, has done a real service to the profession 
 of this country and of Great Britain. Plainly and concisely written, and simply 
 and clearly arranged, it contains just what the physician wants to know on the 
 subject." N. T. Medical Journal. 
 
 " It is destined to fill a want long felt by physicians in this country." Journal 
 of Obstetrics. 
 
D. Appleton & CoSs Medical Publications. 
 
 NIEMEYER 
 A Text-Book of Practical Medicine. 
 
 With Particular Reference to Physiology and Patho- 
 logical Anatomy. 
 
 By the late Dr. FELIX VOtf NIEMEYER, 
 
 Professor of Pathology and Therapeutics ; Director of the Medical Clinic of the University of 
 
 Tubingen. 
 
 Translated from the Eighth German Edition, by special permission of 
 
 the Author, 
 
 By GEORGE H. HUMPHREYS, M. D., 
 
 Late one of the Physicians to the Bureau of Medical and Surgical Relief at Bellevue Hospital for 
 the Out-door Poor ; Fellow of the New York Academy of Medicine, etc., 
 
 and 
 CHARLES E. HACKLEY, M. D., 
 
 One of the Physicians to the New York Hospital; one of the Surgeons to the New York Eye 
 and Ear Infirmary ; Fellow of the New York Academy of Medicine, etc. 
 
 Revised Edition. 2 vols., 8vo. 1,528 pp. Cloth, $9.00 ; Sheep, $11.00. 
 
 The author undertakes, first, to give a picture of disease which shall 
 be as lifelike and faithful to nature as possible, instead of being a mere 
 theoretical scheme ; secondly, so to utilize the more recent advances 
 of pathological anatomy, physiology, and physiological chemistry, as to 
 furnish a clearer insight into the various processes of disease. 
 
 The work has met with the most flattering reception and deserved 
 success; has been adopted as a text-book in many of the medical colleges 
 both in this country and in Europe; and has received the very highest 
 encomiums from the medical and secular press. 
 
 "It is comprehensive and concise, and is characterized by clearness and 
 Originality." Dublin Quarterly Journal of Medicine. 
 
 " Its author is learned in medical literature ; he has arranged his materials 
 with care and judgment, and has thought over them." The Lancet. 
 
 "As a full, systematic, and thoroughly practical guide for the student and 
 physician, it is not excelled by any similar treatise in any language." Applelons' 
 Journal. 
 
 " The author is an accomplished pathologist and practical physician ; he is not 
 only capable of appreciating the new discoveries, which during the last ten years 
 have been unusually numerous and important in scientific and practical medicine, 
 but, by his clinical experience, he can put these new views to a practical test, and 
 give judgment regarding them." Edinburgh Medical Journal. 
 
 " From its general excellence, we are disposed to think that it will soon take 
 its place among the recognized text-books." American Quarterly Journal of 
 Medical Sciences. 
 
 " The first inquiry in this country regarding a German book generally is, ' Is 
 it a work of practical value ? " Without stopping to consider the justness of the 
 American idea of the ' practical,' we can unhesitatingly answer, ' It is ! ' " New 
 York Medical Journal. 
 
 " The author has the power of sifting the tares from the wheat a matter of 
 the greatest importance in a text-book for students." British Medical Journal. 
 
 " Whatever exalted opinion our countrymen may have of the author's talents 
 of observation and his practical good sense, his text-book will not disappoint 
 them, while those who are so unfortunate as to know him only by name, have in 
 store a rich treat." New York Medical Record. 
 
D. Appleton c& Co. 'a Medical Publications. 
 
 NEUMANN. 
 Hand-Book of Skin Diseases. 
 
 By DR. ISIDOR NEUMANN, 
 Lecturer on Skin Diseases in the Royal University of Vienna. 
 
 Translated from advanced sheets of the second edition, furnished by the 
 Author ; with Notes, 
 
 By LUCIUS D. BULKLEY, A. M., M. D., 
 
 Surgeon to the New York Dispensary, Department of Venereal and Skin Diseases ; Assist- 
 ant to the Skin Clinic of the College of Physicians and Surgeons, New York; Mem- 
 ber of the New York Dermatological Society, etc., etc. 
 
 1 vol., 8vo. About 450 pages and 66 Woodcuts. Cloth, $4.00. 
 
 SPBOttlEN OF ILLUSTRATIONS. 
 
 Section of skin from a bald head. 
 
 Prof. Neumann ranks second only to Hebra, whose assistant he was for many years, 
 and his work may be considered as a fair exponent of the German practice of Dermatolo- 
 gy. The book is abundantly illustrated with plates of the histology and pathology of the 
 skin. The translator has endeavored, by means of notes from French, English, and Ameri- 
 can sources, to make the -work valuable to the student as well as to the practitioner. 
 
 " It is a work which I shall heartily recommend to my class of students at the Univer- 
 sity of Pennsylvania, and one which I feel sure will do much toward enlightening the pro- 
 fession on this subject." Louis A. Duhring. 
 
 " I know it to be a good book, and I am sure that it is well translated; and it is inter- 
 esting to find it illustrated by references to the views of co-laborers in the same field." 
 Erasmus Wilson. 
 
 *' So complete as to render it a most useful book of reference/ 1 T. Me Call Anderson. 
 
 "There certainly is no work extant which deals so thoroughly with the Pathological 
 Anatomy of the Skin as does this hand-book." N. Y. Medical Record. 
 
 " The original notes by Dr. Bulkley are very practical, and are an important adjunct to 
 the text. . . . I anticipate for it a wide circulation." Silas Durkee, Boston. 
 
 " I have already twice expressed my favorable opinion of the book in print, and am 
 glad that it is given to the public at last." James C. White, Boston. 
 
 "More than two years ago we noticed Dr. Neumann's admirable work in its original 
 shape ; and we are therefore absolved from the necessity of saying more than to repeat 
 our strong recommendation of it to English readers." Practitioner. 
 
D. Appleton & CoSs Medical Publications. 
 
 NEFTEL. 
 
 -Therapeutics. The Physiological <wd 
 Therapeutical Action of the Galvanic Current upon 
 the Acoustic, Optic, Sympathetic, and Pneumogastric 
 Nerves. 
 
 By WILLIAM B. NEFTEL. 
 1 vol., 12mo. 161 pp. Cloth, $1.50. 
 
 This book has been published at the request of several aural surgeons 
 and other professional gentlemen, and is a valuable treatise on the sub- 
 jects of which it treats. Its author, formerly visiting physician to the 
 largest hospital of St. Petersburg, has had the very best facilities for in- 
 vestigation. 
 
 " This little work shows, as far as it goes, full knowledge of what has been 
 done on the subjects treated of, and the author's practical acquaintance with 
 them." New York Medical Journal. 
 
 "Those who use electricity should get this work, and those who do not 
 should peruse it to learn that there is one more therapeutical agent that they 
 could and should possess." The Medical Investigator. 
 
 NIGHTINGALE. 
 Notes On Nursing : What it is, and what it is not 
 
 By FLORENCE NIGHTINGALE. 
 1 vol., 12mo, 140 pp. Cloth, 75 cents. 
 
 Every day sanitary knowledge, or the knowledge of nursing, or, in 
 other words, of how to put the constitution in such a state as that it will 
 have no disease or that it can recover from disease, takes a higher place. 
 It is recognized as the knowledge which every one ought to have dis- 
 tinct from medical knowledge, which only a profession can have. 
 
D. Appleton c5 CoSs Medical Publications. 
 
 PEASLEE. 
 A Treatise on Ovarian Tumors. Their 
 
 Pathology, Diagnosis, and Treatment, with reference 
 especially to Ovariotomy. 
 
 By EDMUND R. PEASLEE, M. D., LL. D., 
 
 Professor of Diseases of Women, in Dartmonth College ; one of the Consulting Surgeons 
 to the N. Y. State Woman's Hospital; formerly Professor of Obstetrics and Diseases 
 of Women, in the N. Y. Medical College; Corresponding Member of the Obstetrical 
 Society of Berlin, etc. 
 
 In one large vol., 8vo., with Illustrations. 
 
 SPECIMEN OP ILLUSTRATIONS. 
 
 SYEINGE FOE EXPLORATION OF OVAEIAN CYSTS. 
 
 A, instrument, 5% inches long 1 ; B, gilded tube, 3 inches long, and s to & inch in diameter, 
 with bevelled point ; .ZT, similar tube, 4% inches long ; (7, rubber tube, to be attached to arm 
 ct, by which the fluid, drawn from the cyst through a\ is forced out. The stop-cocks at a 
 and a 1 are both shown as closed. 
 
 This valuable work, embracing the results of many years of successful ex- 
 perience, in the department of which it treats, will prove most acceptable to the 
 entire profession ; while the high standing of the author and his knowledge of 
 the subject combine to make the book the best in the language. It is divided 
 into two parts : the first, treating of Ovarian Tumors, their anatomy, pathology, 
 diagnosis, and treatment, except by extirpation; the second, of Ovariotomy, its 
 history and statistics, and of the operation. Fully illustrated, and abounding with 
 information the result of a prolonged study of J;he subject, the work should be 
 in the hands of every physician in the country. 
 
D. Appleton c5 CoSs Medical Publications. 
 
 STROTJD. 
 The Physical Cause of the Death of 
 
 Christ, and its Relations to the Principles and Prac- 
 tice of Christianity. 
 
 By WILLIAM STROUD, M. D., 
 
 With a Letter on the Subject, 
 
 By SIR JAMES Y. SIMPSON, BART.,M. D. 
 1 vol., 12mo. 422 pp. Cloth, $2. CO. 
 
 This important and remarkable book is, in its own place, a masterpiece, and 
 will be considered as a standard work for many years to come. 
 
 The principal point insisted upon is, that the death of Christ was caused by rupture 
 or laceration of the heart. Sir James Y. Simpson, who had read the author's treatise 
 and various comments on it, expressed himself very positively in favor of the views 
 maintained by Dr. Stroud." Psycfwlogical Journal. 
 
 SWETT. 
 
 A Treatise on the Diseases of the Chest. 
 
 Being a Course of Lectures delivered at the New 
 ITorJc Hospital. 
 
 By JOHN A. SWETT, M. D., 
 
 Professor of the Institutes and Practice of Medicine in the New York University ; Physi- 
 cian to the New York Hospital; Member of the New York Pathological Society. 
 
 1 vol., 8vo. 587 pp. $3.50. 
 
 Embodied in this volume of lectures is the experience of ten years in hospital 
 and private practice. 
 
 SAYKE. 
 A Practical Manual on the Treatment 
 
 of Club-Foot. 
 
 By LEWIS A. SAYRE, M. D., 
 
 Professor of Orthopedic Surgery in Bellevue Hospital Medical College; Surgeon to Belle- 
 vue and Charity Hospitals, etc. 
 
 1 vol., 12mo. 91 pp. Cloth, $1.00. 
 
 " The object of this work is to convey, in as concise a manner as possible, all 
 the practical information and instruction necessary to enable the general prac- 
 titioner to apply that plan of treatment which has been so successful in my own 
 hands." 
 
 " Tbe book will very well satisfy the wants of the majority of general practitioners, 
 for whose use, as stated, it is intended." New York Medical Journal. 
 
D. Applet on <& CoSs Medical Publications. 
 
 SIMPSON. 
 The Posthumous Works of Sir James 
 
 Young Simpson, Bart.) M. D. In Three Volumes. 
 
 Volume I. Selected Obstetrical and Gynaecological Works of 
 Sir James Y. Simpson, Bart., M. D., D. C. L., late Professor of Midwifery in 
 the University of Edinbugh. Containing the substance of his Lectures on 
 Midwifery. Edited by J. WATT BLACK, A. M., M. D., Member of the Royal 
 College of Physicians, London; Physician-Accoucheur to Charing Cross 
 Hospital, London; and Lecturer on Midwifery and Diseases of Women and 
 Children in the Hospital School of Medicine. 
 
 1 vol., 8vo. 852 pp. Cloth, $3.00- 
 
 This volume contains all the more important of the contributions of 
 Sir James Y. Simpson to the study of obstetrics and diseases of women, 
 with the exception of his clinical lectures on the latter subject, which 
 will shortly appear in a separate volume. This first volume contains 
 many of the papers reprinted from his Obstetric Memoirs and Contri- 
 butions, and also his Lecture Notes, now published for the first time, 
 containing the substance of the practical part of his course of midwifery. 
 It is a volume of great interest to the profession, and a fitting memorial 
 of its renowned and talented author. 
 
 " To many of our readers, doubtless, the chief of the papers it contains are 
 familiar. To others, although probably they may be aware that Sir James Simp- 
 son has written on the subjects, the papers themselves will be new and fresh. 
 To the first class, we would recommend this edition of Sir James Simpson's works, 
 as a valuable volume of reference ; to the latter, as a collection of the works of a 
 great master and improver of his art, the study of which cannot fail to make them 
 better prepared to meet and overcome its difficulties." Medical Times and Gazette. 
 
 Volume II. Anaesthesia, Hospitalism, etc. Edited by Sir 
 WALTKR SIMPSON, Bart. 
 
 1 vol., 8vo. 560 pp. Cloth, $3.00. 
 
 " We say of this, as of the first volume, that it should find a place on^tbe table 
 of every practitioner ; for, though it is patchwork, each piece may be picked out 
 and studied with pleasure and profit." The Lancet (London}. 
 
 Volume III. The Diseases of Women. Edited by ALEX. SIMP- 
 SOX, M. D., Professor of Midwifery in the University of Edinburgh. 
 
 1 vol., 8vo., Cloth, $3.00. 
 
 One of the best works on the subject extant. Of inestimable value to every 
 physician. 
 
D. Appleton & CoSs Medical Publications. 
 
 TILT. 
 A Hand-Book of Uterine Therapeu- 
 
 tics and of Diseases of Women. 
 
 By EDWARD JOHtf TILT, M. D., 
 
 Member of the Royal College of Physicians; Consulting Physician to the Farringdon General 
 Dispensary; Fellow of the Eoyal Medical and Chirurgical Society, and of several British and 
 foreign societies. 
 
 1 vol., 8vo. 345 pp. Cloth, $3.50. 
 
 Second American edition, thoroughly revised and amended. 
 The main points developed in this work are : 
 
 1. The paramount importance of hygiene for the relief and cure of 
 diseases of women. 
 
 2. The constitutional nature of many diseases of women, and the 
 impossibility of curing them without constitutional remedies. 
 
 3. The manifest reaction of uterine diseases on the female system, 
 and the impossibility of curing many uterine complaints, without surgi- 
 cal measures. 
 
 4. The great value of therapeutics to assuage and cure diseases of 
 women, and the belief in the value of those remedial measures that are 
 as old as medicine itself, such as venesection, emetics, and caustics. 
 
 " In giving the result of his labors to the profession the author has done a 
 great work. Our readers will find its pages very interesting, and, at the end of 
 their task, will feel grateful to the author for many very valuable suggestions as 
 to the treatment of uterine diseases." The Lancet. 
 
 " Dr. Tilt's ' Hand-book of Uterine Therapeutics ' supplies a want which has 
 often been felt. ... It may, therefore, be read not only with pleasure and 
 instruction, but will also be found very useful as a book of reference." The 
 Medical Mirror. 
 
 " Second to none on the therapeutics of uterine disease." Journal of Ob- 
 stetrics. 
 
 VAN BUKEN. 
 
 Lectures upon Diseases of the Rectum. 
 
 Delivered at the Bellevue Hospital Medical College. 
 Session of 1869~'TO. 
 
 By W. H. VA1ST BUREN, M. D., 
 
 Professor of the Principles of Surgery with Diseases of the Genito-TJrinary Organs, etc., in the 
 Bellevue Hospital Medical College ; one of the Consulting Surgeons of the New York Hos- 
 pital, of the Bellevue Hospital; Member of the New York Academy of Medicine, of the 
 Pathological Society of New York, etc., etc. 
 
 1 vol., 12mo. 164 pp. Cloth SI. 50. 
 
 Lecture I. Pruritus Ani, Haemorrhoids, etc. II. Internal Haemor- 
 rhoids. III. Polypus. IV. Fistula in Ano. V. Fissure, or Irritable 
 Ulcer. VI. Stricture of the Rectum. VII. Cancer. VIII. Diagno- 
 sis, etc. 
 
 " It seems hardly necessary to more than mention the name of the author of 
 this admirable little volume in order to insure the character of his book. No 
 one in this country has enjoyed greater advantages, and had a more extensive 
 field of observation in this specialty, than Dr. Van Buren, and no one has paid 
 the same amount of attention to the subject. . . . Here is the experience 
 of years summed up and given to the professional world in a plain and practical 
 manner." Psychological Journal. 
 
D. Appleton c& CoSs Medical Publications. 
 
 VOGEL. 
 A Practical Treatise on the Diseases 
 
 of Children. Second American from the Fourth 
 German Edition. Illustrated ~by Six Lithographic 
 Plates. 
 
 By ALFKED YOGEL, M. D., 
 
 Professor of Clinical Medicine in the University of Dorpat, Russia. 
 TEANSLATED AND EDITED BY 
 
 H. RAPHAEL, M. D., 
 
 Late House Surgeon to Bellevue Hospital ; Physician to the Eastern Dispensary for ihe Diseases 
 of Children, etc., etc. 
 
 1 vol., 8vo. 611 pp. Cloth, 84.50. 
 
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 Hand- Book of the Histology and His- 
 
 to- Chemistry of Man. 
 
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