Destiny of the Republic - Candice Millard [120]
Now that Garfield was dead, Americans’ greatest fear was that Guiteau would get away with murder—not because he was innocent, but because he was insane. The insanity defense was already widely known and almost uniformly despised. Even Garfield, ten years before his own murder, had expressed deep skepticism about the plea. “All a man would need to secure immunity from murder would be to tear his hair and rave a little,” he had written, “and then kill his man.”
The legal standard for determining insanity—known as the M’Naghten Rule—had been established nearly forty years earlier, across the sea. The rule was named for Daniel M’Naghten, a Scottish woodworker who, believing that he was the target of a conspiracy between the pope and the British prime minister Robert Peel, had attempted to assassinate Peel. Instead, he had shot and mortally wounded Peel’s private secretary, Edward Drummond. M’Naghten’s lawyers had successfully argued that he was insane, and so not responsible for his actions. M’Naghten would live another twenty-two years, finally dying in an insane asylum in 1865, from “gradual failure of heart’s action.”
The verdict had sparked immediate outrage in England, and awakened bitter memories of the trial of Edward Oxford just three years earlier. Oxford, who had attempted to shoot Queen Victoria while she was riding in a carriage, pregnant with her first child, had also been found not guilty by reason of insanity. “We have seen the trials of Oxford and MacNaughtan [spelling variation] conducted by the ablest lawyers of the day,” Queen Victoria had written in disgust to Peel after the M’Naghten ruling, “and they allow and advise the Jury to pronounce the verdict of Not Guilty on account of Insanity,—whilst everybody is morally convinced that both malefactors were perfectly conscious and aware of what they did!” Before her eventual death in 1901, at the age of eighty-one, Queen Victoria would survive several more assassination attempts. Her husband, who had lived to witness four of them, was convinced that the would-be assassins had been encouraged by Oxford’s acquittal.
The House of Lords, in agreement with the queen, decided that the country needed a clear, strict definition of criminal insanity. Less than four months after M’Naghten’s trial, the judges of the British Supreme Court ruled that, in essence, the difference between a sane man and one who was insane lay in the ability to distinguish between right and wrong. A defendant, they declared, could use the insanity defense only if, “at the time of the committing of the act, the party accused was labouring under such a defect of reason, from a disease of the mind, as not to know the nature and quality of the act he was doing; or, if he did know it, that he did not know he was doing what was wrong.”
The M’Naghten Rule, while quickly adopted in the United States as well as in England, did little to improve the reputation of the insanity defense. In America, it became known as the “insanity dodge,” the refuge not of the mad but of the guilty. Celebrity cases only made matters worse. In 1859, Congressman Daniel Edgar Sickles was found not guilty by reason of temporary insanity after shooting to death Philip Barton Key, the son of Francis Scott Key, author of “The Star-Spangled Banner.” Thirteen years later, Edward Stokes, the man who murdered James Fisk, Jay Gould’s partner, used the same defense and spent only four years in prison.
It came as no surprise, therefore, when, on October 14, Garfield’s assassin submitted his plea to Judge Walter Cox. “I plead not guilty to the indictment,” Guiteau stated, in a plea that he had drafted himself. His first and primary defense was “Insanity, in that it was God’s act and not mine. The Divine pressure on me to remove the president was so enormous that it destroyed my free agency, and therefore I am not legally responsible