1903

A NEW CRIME

by Mark Twain

Legslitation Needed

THIS country, during the last thirty or forty years, has produced some of the most remark- able cases of insanity of which there is any mention in history. For instance, there was the Baldwin case, in Ohio, twenty-two years ago. Baldwin, from his boyhood up, had been of a vindictive, malignant, quarrelsome nature. He put a boy's eye out once, and never was heard upon any occasion to utter a regret for it. He did many such things. But at last he did something that was serious. He called at a house just after dark one evening, knocked, and when the occupant came to the door, shot him dead, and then tried to escape, but was captured. Two days before, he had wantonly insulted a help- less cripple, and the man he afterward took swift vengeance upon with an assassin bullet had knocked him down. Such was the Baldwin case. The trial was long and exciting; the community was fearfully wrought up. 1993 Men said this spiteful, bad-hearted villain had caused grief enough in his time, and now he should satisfy the law. But they were mistaken; Baldwin was INSANE when he did the deed- they had not thought of that. By the argument of counsel it was shown that at half-past ten in the morning on the day of the murder, Baldwin became insane, and remained so for eleven hours and a half exactly. This just covered the case comfortably, and he was acquitted. Thus, if an unthinking and excited community had been listened to instead of the arguments of counsel, a poor crazy creature would have been held to a fearful responsibility for a mere freak of madness. Baldwin went clear, and although his relatives and friends were naturally in- censed against the community for their injurious suspicions and remarks, they said let it go for this time, and did not prosecute. The Baldwins were very wealthy. This same Baldwin had momentary fits of insanity twice afterward, and on both occa- sions killed people he had grudges against. And on both these occasions the circumstances of the killing were so aggravated, and the murders so seemingly heartless and treacherous, that if Baldwin had not been insane he would have been hanged without the shadow of a doubt. As it was, it required all his political and family influence to get him clear in one of the cases, and cost him not less than ten thousand dollars to get clear in the other. One of these men he had notoriously been threatening to kill for twelve years. The poor creature happened, by the merest piece of ill fortune, to come along a dark alley at the very moment that Baldwin's insanity came upon him, and so he was shot in the back with a gun loaded with slugs.

Take the case of Lynch Hackett, of Pennsylvania. Twice, in public, he attacked a German butcher by the name of Bemis Feldner, with a cane, and both times Feldner whipped him with his fists. Hackett was a vain, wealthy, violent gentleman, who held his blood and family in high esteem, and believed that a reverent respect was due to his great riches. He brooded over the shame of his chastisement for two weeks, and then, in a momentary fit of insanity, armed himself to the teeth, rode into town, waited a couple of hours until he saw Feldner coming down the street with his wife on his arm, and then, as the couple passed the doorway in which he had partially concealed himself, he drove a knife into Feldner's neck, killing him instantly. The widow caught the limp form and eased it to the earth. Both were drenched with blood. Hackett jocosely remarked to her that a professional butcher's recent wife she could appreciate the artistic neatness of the job that left her in condition to marry again, in case she wanted to. This remark, and another which he made to a friend, that his position in society made the killing of an obscure citizen simply an "eccen- tricity" instead of a crime, were shown to be evi- dences of insanity, and so Hackett escaped punish- ment. The jury were hardly inclined to accept these as proofs at first, inasmuch as the prisoner had never been insane before the murder, and under the tran- quilizing effect of the butchering had immediately regained his right mind; but when the defense came to show that a third cousin of Hackett's wife's step- father was insane, and not only insane, but had a nose the very counterpart of Hackett's, it was plain that insanity was hereditary in the family, and Hackett had come by it by legitimate inheritance. Of course the jury then acquitted him. But it was a merciful providence that Mrs. H.'s people had been afflicted as shown, else Hackett would certainly have been hanged.