Obrazy na stronie
PDF
ePub

the refinement, and the fine sense of personal honor with which they were associated.

Dr. Moreton Stillé was born in Philadelphia, on October 27th, 1822, and, after having gone through a preliminary course at the Edgehill Seminary, at Princeton, entered the Department of Arts of the University of Pennsylvania in 1838, and graduated on July 15th, 1841. He immediately began his professional studies in the office of his brother, Dr. Alfred Stillé, to whose training and instruction he became so greatly indebted; and in the spring of 1844 he received from the Medical School of the same University the degree of Doctor of Medicine, his thesis, on "Cyanosis,” having obtained the rare compliment of having been called for by the Faculty for publication. In October, 1844, he embarked for Liverpool; from November, 1844, to March, 1845, was engaged in attendance upon the hospitals and schools in Dublin; and was employed in the same duties from March, 1845, to September, in London, and from September, 1845, to March, 1846, in Paris. After travelling for some time, he visited Vienna, where he was occupied in study from October, 1846, to April, 1847; and finally returned to Philadelphia in the fall of 1847, when he entered at once into practice. In the summer of 1848 he became a candidate for and was elected to the post of Resident Physician at the Pennsylvania Hospital, where he continued until April, 1849; and it is no slight evidence of the zeal with which he pursued his profession, and the generous and self-denying spirit by which he was actuated, that in the succeeding summer, upon the appearance of the cholera in a malignant type at the Blockley Hospital, he volunteered to attend at that instituton, and remained there until he was himself attacked and prostrated by the epidemic. Perhaps, indeed, even in a profession whose history has been so marked by acts of zeal and of disinterestedness, when we take into consideration the fact that Dr. Stillé was impelled by no other motive than that of professional love and enterprise in the severe course of study and self-sacrifice in which he was engaged, there will be found few cases where these qualities have been so eminently exhibited as the present. Possessed of an ample fortune, he was one of those uncommon instances in which the most arduous and protracted courses of preliminary trial are gone through with under the calm and equal effect of a will which is impelled neither by necessity nor the desire of present applause, but by the faith in a distant future, in which the result will be none the less precious because it is the longer delayed.

But this future was one which to Dr. Stillé-and to the great loss of popilar as well as of medical science-was only in part to arrive. Early in 1855 he received the appointment of Lecturer on the Practice of Medicine in the Philadelphia Association for Medical Instruction,

and at the end of June closed the first portion of a course of lectures of which it is not too much to say that they were received with unmixed satisfaction by the class to whom they were addressed, and the colleagues with whom he was associated. In the first week of July he sent from his office the last of the manuscript of that portion of the following pages which fell under his charge, and almost immediately afterwards was stricken down by a disease which found him with strength impaired by the exhausting studies of the preceding winter. On August 20, 1855, he died, at Saratoga, almost at the moment when the press was issuing the last sheets of a work which contains so much worthy of being erected as a monument in which his professional brethren will recognize the impress of his high intellectual gifts and culture. And now, when on this the final inscription is being recorded, it will not be considered out of place to add to it a single tribute to those eminent domestic virtues, which it is here hardly possible justly and at the same time delicately to express, and yet which gave to MORETON STILLÉ when living, and now places on his monument when dead, a character which is the highest that human standards can afford, that of a husband, son, and father, always true, tender, and just.

PHILADELPHIA, October 1st, 1855.

F. W.

X

TABLE OF CONTENTS.

[blocks in formation]

15.

When actually existing renders a party civilly incompetent.

A party, however, cannot use his drunkenness as a means of imposi

tion, % 36.

Difference in this respect between executed and unexecuted contracts,

8 37.

In actions for torts, drunkenness is no defence on the merits.

Drunkenness avoids a will when acted on by fraud or imposition, 38.

II. WHAT IS NECESSARY TO BE PROVED, IN ORDER TO DEPRIVE A PARTY OF THE MAN-

AGEMENT OF HIS ESTATE, 40.

When a party is incapable, the practice is to appoint a committee, who take

the alleged lunatic's place, & 41.

In what way the question of lunacy, under such circumstances, is tried, ? 42.

General and not partial incompetency must be shown, % 42.

The test is, is the respondent capable of managing his own estate? % 42.

What in such cases is required of medical witnesses, ? 43.

The same process lies in cases of habitual drunkenness, 44.

The test here is, is there a fixed habit of drunkenness?? 44.

III. WHAT DEGREE OF UNSOUNDNESS AVOIDS RESPONSIBILITY FOR CRIME, 45.

The difficulties in this respect have arisen from mistaken dicta, given in par-

ticular cases, for general and absolute rules.

Ill consequences arising from looseness of citation, ? 45, n.

The true doctrine is, that medical science is a part of the common law of the

land, and is to be treated as such, 45, n.

1st. Cases where the defendant is incapable of distinguishing right from

wrong in reference to the particular act, 46.

Under this head fall cases of idiocy and amentia, & 46.

2d. Cases where the defendant is acting under an insane delusion as to cir-

cumstances, which, if true, would relieve the act from responsi-

bility, or where his reasoning powers are so depraved as to make

the commission of the particular act the natural consequence of

the delusion.'

An act committed under a bona fide belief of its necessity in self-de-

fence, will be regarded as if there really was such necessity, & 47.

And the gauge here is the defendant's capacity, & 47.

An honest insane delusion is to be viewed in the same light, % 48.

But the delusion must have been the cause of the crime in order to

excuse it, and not collateral, & 52.

3d. Cases where the defendant is impelled by a morbid and uncontrollable

impulse to commit the particular act, ? 53.

Moral insanity as viewed by the courts of this country, 53.

Opinions of the courts, ?? 53-57.

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small]
[blocks in formation]
[blocks in formation]
« PoprzedniaDalej »