RB 76

We trust that henceforth the existence of a ”morbid desire to be hanged” will never be adduced as a reason why the person possessed by it, and murdering a fellow-creature in order to gratify it, should not be hanged at all.612 different realities and reactions article from a newspaper, in his journal under the headline: ”Medicolegal trials in lunacy” together with another case.608 Another physician, Higginson Fayle, however wrote two letters in The Chatham News and North Kent Spectator concerning the case. His main argument was that Burton was insane, just like his mother and several of his close relatives. While his mother had failed to succeed with her attempts to commit suicide Burton was close to his goal. Fayle also claimed the reality of such insanity that led to murder and by some authorities was called homicidal monomania, while acknowledging that in the eyes of some a murderer should be hanged whatever his state of mind.609 In the Maidstone Telegraph it was argued that whatever judgement could be made concerning his sanity, to execute Burton would be of no deterring effect whatsoever, as it would fulfil his wish. The author seems also generally to oppose the penalty of death, describing the execution as “a disgrace to our civilisation, and most demoralising and pernicious in its influences, tending to undervalue the sacredness of human life.“610 The Morning Star saw the verdict over Burton as “a severe and well-directed blow“ by “common sense“ against the “mad doctors“. Burton knew what he was doing and that it was a crime, therefore he was sane. Despite this he should not be executed because it was what he wanted.611 InTheTimes the trial of Robert Burton was commented: In 1881 William Davis was charged for attempting to murder his sister and tried in Newcastle-on-Tyne and found not guilty on the ground of insanity. According to two physicians he suffered a temporary insanity due to earlier heavy drinking. Davis motivated his crime at the police 608 The medical critic and psychological journal 3 1863 p 376 sqq, see also The Chatham news and north Kent spectator 21 March 1863. 609 The Chatham news and north Kent spectator 28 March and 4 April 1863. 610 Maidstone Telegraph, Malling chronicle and West Kent messenger 28 March 1863. 611 The Morning Star 20 March 1863. 612 The Times 20 March 1863. 174

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