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Also from May 18
Blog entries
- Statehouse Live: Brownback highlights some positive news; provides some thoughts on K-12 funding, economy woes
- All Eyes on KU: Looking back at Late Nights past
- Tale of the Tait: The case for KU coach David Beaty picking one QB and sticking with him
- Town Talk: Clay manufacturing plant to locate in Lawrence; local businesses owned by women propel city to high ranking
- Heard on the Hill: Who gets to use the N-word? Visiting lecturer gives his take
- Lights & Sirens: Bar, high school, Mexican restaurants among others coming up short on inspection list
- Lights & Sirens: Police blotter for Sept. 30
On the street
Photo galleries
Are you more likely to buy something that is considered "green," or less harmful to the environment?
Poll results
- Police say the suspect entered the restaurant at 9:30 with …
- A man who did not use the crosswalk was hit …
- Tonight will be comfortably calm, with some chance of showers …
- This is the 33rd celebration, and local museums such as …
- After learning of a protest of the high school's graduation …
- The company revealed the options and prices in a video …
- Steve Six is writing a brief for the father of …
- Those with AT&T and Verizon have experienced service outages during …
- After the kidnapping of a Kwik Shop clerk in Iowa, …
- A report said 20,000 Kansans already work in green industries …
- The law will allow police to pull over people for …
- Louise's downtown wants to change the city rule that doesn't …
- Eudora faced Baldwin High today and won the game 5-4.
- Free State played Olathe Northwest, losing 3-2 and ending the …
- Lawrence High lost 2-1 to Washburn Rural, ending the season …
- Landon Moseley was injured in a freak accident on May …
- Clouds will move back in tonight, with lows falling into …
- After a foggy start to the day, expect mostly sunny …
- There will be dense fog this morning, so allow extra …
Lead stories
12:00 a.m.
- Idol talk: Lawrence residents reminisce about their teen crushes
- May 17, 2010
- The hottest man on the planet isn't a man at all. He's looking for his estranged "Baby," even though at 16, he's not much more than a baby himself. And that's just the way millions of girls like him.
- On the street: Who was your teen idol growing up?
6:00 a.m.
- Quinceañera ceremony for young Lawrence girl brings Latin American tradition to Lawrence
- May 17, 2010 in print edition on 1A
- On one of my travels to Cuba, I saw young girls in white gowns being paraded around their town in the back of a Jeep. I soon learned it was the ceremony called Quinceañera, marking the coming-of-age of a 15-year-old girl, complete with a church ceremony and a party.
- Video: Lawrence girl celebrates Quinceañera
- Photo gallery: Celebrating a Quinceañera
10:00 a.m.
- Local governments preparing for sizable drop in local property tax values
- May 17, 2010 in print edition on 1A
- Local governments in Douglas County are preparing to deal with a 3 percent decrease in property valuation as they work on their budgets for next year.
2:00 p.m.
- Public hears plans for library expansion
- May 18, 2010 in print edition on 3A
- Lawrence residents voiced their opinions on a proposed expansion of the Lawrence Public Library on Monday night at a meeting held in the library's auditorium.
6:00 p.m.
All stories
- Police searching for armed robbery suspect after incident at Taco John's
- 10:45 p.m., May 18, 2010 Updated 12:00 a.m. in print edition on A4
- Police are searching for a suspect in an armed robbery that occurred at the Taco John's on Sixth Street.
- Man hit while crossing Massachusetts Street
- May 18, 2010 in print edition on A4
- A man crossing Massachusetts Street was hit by an SUV at about 9:30 p.m. Tuesday.
- Hinson named KU's director of basketball operations
- 10:03 p.m., May 18, 2010 Updated 12:00 a.m. in print edition on B1
- Former Missouri State head basketball coach Barry Hinson, who has worked primarily as a fundraiser for Kansas University's hoops program the past two years, on Tuesday was named Bill Self's director of basketball operations.
- Parkinson signs legislation to boost fines for speeding
- May 18, 2010
- Speeders and other traffic scofflaws will face higher fines in Kansas beginning in July.
- Search of vehicle leads to arrest south of Lawrence
- 05:01 p.m., May 18, 2010 Updated 10:29 p.m. in print edition on A4
- A man was arrested on Highway 59 in Douglas County after authorities searched his vehicle.
- LHS regional baseball status uncertain
- 03:54 p.m., May 18, 2010 Updated 01:40 a.m. in print edition on B1
- The status of the Lawrence High baseball team's regional game scheduled for 2 p.m. today in Manhattan won't be determined until this morning, according to athletic director Ron Commons.
- Growth of green jobs expected
- May 18, 2010 in print edition on A3
- Green jobs include the production of renewable energy, increasing energy efficiency, agriculture and natural resource conservation, pollution prevention and environmental cleanup, and clean transportation and fuels.
- Statehouse Live: New report shows health reform will cover many in Kansas
- 01:30 p.m., May 18, 2010 Updated 08:30 a.m.
- The U.S. Census Bureau estimates there are currently 335,000 uninsured people in Kansas, about 12 percent of the state's population.
- Kwik Shop to review security policies after Iowa store clerk is kidnapped
- May 18, 2010
- A Kansas-based convenience store chain says it will review its security policies in the aftermath of a kidnapping of a Cedar Rapids clerk.
- Local Verizon, AT&T cell phone users having trouble getting connected
- Verizon subscribers started to see service return about 9 a.m.
- 08:53 a.m., May 18, 2010 Updated 06:08 p.m. in print edition on A1
- Local Verizon Wireless and AT&T customers found themselves with little or no cell phone service Thursday morning — and some customers were still reporting problems Tuesday afternoon.
- Flags to fly at half-staff in honor of Hutchinson soldier killed in Iraq earlier this month
- May 18, 2010
- Gov. Mark Parkinson ordered flags to fly at half-staff Tuesday in honor of a soldier from Hutchinson who was killed recently in Iraq.
- Secretary of State candidate fined $5,000 for violating campaign finance laws
- 07:47 a.m., May 18, 2010 Updated 05:06 p.m. in print edition on A5
- The Kansas ethics commission has fined a Democratic candidate for secretary of state $5,000 for violating a campaign finance law.
- Police search for aggravated assault suspect
- May 18, 2010
- Police were searching for a man who was armed early Tuesday morning.
- Downtown movies feature Cary Grant
- May 18, 2010 in print edition on A2
- Starting in June, the Downtown Lawrence Film Festival will feature six Cary Grant movies shown outdoors on the parking garage wall at Ninth and New Hampshire streets…
- Court dates set for ex-football players
- May 18, 2010 in print edition on A5
- Two former Kansas University football players appeared in Douglas County District Court on Monday afternoon, after being arrested Friday in connection with an attempted armed robbery.
- YouTube turns five
- May 18, 2010
- YouTube turns five today. Some local YouTube stars all agree it's a great place to show off work and garner a little attention.
- Bryant erupts for 40, Lakers take Game 1
- May 18, 2010 in print edition on B4
- Even on a balky knee, Kobe Bryant had no problem giving the Los Angeles Lakers an early leg up in the Western Conference finals.
- A&M basketball recruit dies in car crash
- May 18, 2010 in print edition on C2
- Texas A&M basketball recruit Tobi Oyedeji has died from injuries he suffered in a car accident.
- Resurgent Royals roll, 4-3
- Kansas City improves to 3-1 under Yost
- May 18, 2010 in print edition on B1
- Those few brave souls who showed up on a wet, chilly night to watch the worst two teams in the American League saw a game that typified the recent performances of the Kansas City Royals and Baltimore Orioles.
- Pump patrol
- May 18, 2010 in print edition on A3
- The Journal-World found gas prices as low as $2.64 at several stations.
- Rep. Paul Davis files for re-election
- May 18, 2010 in print edition on A3
- House Minority Leader Paul Davis of Lawrence has filed for re-election.
- Public hears plans for library expansion
- May 18, 2010 in print edition on A3
- Lawrence residents voiced their opinions on a proposed expansion of the Lawrence Public Library on Monday night at a meeting held in the library's auditorium.
- Police search for suspect in aggravated assault
- May 18, 2010 in print edition on A4
- A 43-year-old Lawrence man was treated and released at Lawrence Memorial Hospital early Monday morning after being punched in the face.
- Kansas Marathon raises $52,000
- May 18, 2010 in print edition on A2
- More than 1,700 runners from 22 states helped raise $52,000 for Health Care Access, a medical clinic that serves uninsured Douglas County residents.
- Protest leaders say they will negotiate
- May 18, 2010 in print edition on A2
- Thai protest leaders say they will accept an offer by the Senate to mediate talks with the government to end violence in Bangkok that has killed 37 people in the past five days.
- Court rules out some life terms for youths
- May 18, 2010 in print edition on A2
- The Supreme Court took two cracks at one of the law's thorniest questions Monday: When can you lock up a prisoner and throw away the key?
- Primary to preview themes for fall races
- May 18, 2010 in print edition on A2
- For all the primaries testing tea party clout and veteran senators' ability to survive, a special House election in southwestern Pennsylvania is the multimillion-dollar battleground of choice today for the two political parties, previewing themes for a fall campaign shadowed by recession and voter discontent.
- Groups sue to stop Ariz. immigration law
- May 18, 2010 in print edition on A2
- A coalition of civil rights groups on Monday filed a sweeping lawsuit against Arizona's controversial law that requires local police to enforce federal immigration regulations, hoping to stop the state law before it goes into effect in July.
- Nuclear deal reached with Brazil, Turkey
- May 18, 2010 in print edition on A2
- Iran reached a surprise nuclear agreement with Brazil and Turkey on Monday, a deal that threatens to undermine the Obama administration's efforts to stem the Iranians' nuclear ambitions — and, more broadly, the U.S. diplomatic strategy.
- Treasury takes $1.6B loss on Chrysler loan
- May 18, 2010 in print edition on A2
- The Treasury Department said Monday it will lose $1.6 billion on a loan made to Chrysler in early 2009.
- Food firms to cut 1.5 trillion calories
- May 18, 2010 in print edition on A2
- Several of the nation's largest food companies say they are going on a diet.
- City facing $1.6M budget deficit
- May 18, 2010 in print edition on A3
- Even with no pay raise for city employees, Lawrence City Hall is facing a $1.6 million budget deficit in 2011.
- Scientists worry current could carry leaking oil to Florida Keys
- May 18, 2010 in print edition on A2
- With BP finally gaining some control over the amount of oil spewing into the Gulf of Mexico, scientists are increasingly worried that huge plumes of crude already spilled could get caught in a current that would carry the mess all the way to the Florida Keys and beyond, damaging coral reefs and killing wildlife.
- A-list guests shine at bash on French Riviera
- May 18, 2010 in print edition on A9
- Lionel Richie has given a shout-out to Paris Hilton during a set at Chopard's star-studded 150th anniversary fete on the French Riviera.
- Ex-TV chef pleads not guilty in murder plot
- May 18, 2010 in print edition on A9
- Former "Calorie Commando" TV chef Juan-Carlos Cruz pleaded not guilty Monday to charges involving an alleged plot to hire two homeless men to kill his wife.
- CNBC looks at obesity and finds a stock tip
- May 18, 2010 in print edition on A9
- Television news loves a crisis, the bigger the better. In the dozen or so years I've been scribbling this column, I've highlighted dire reports on swine flu, bird flu, global warming and my favorite, Y2K.
- Most Americans don't want Reagan's face on $50 bill, poll finds
- May 18, 2010 in print edition on A1
- Rep. Patrick McHenry, R-N.C., wants Ronald Reagan to replace Ulysses S. Grant on the $50 bill. Almost 8 in 10 Americans oppose the idea, a new poll shows.
- Shatner to star as dad in new CBS comedy
- May 18, 2010 in print edition on A9
- William Shatner will star in his first sitcom on CBS next season.
- Falls in elderly linked to arteries
- May 18, 2010 in print edition on A1
- A stiffening of the aging brain's blood vessels reduces their ability to respond to changes in blood pressure, increasing the risk of falls by as much as 70 percent, researchers reported Monday.
- Another prep hoops sophomore wants to suit up for Jayhawks
- May 18, 2010 in print edition on B1
- Kansas University, which recently received an oral commitment from Zach Peters of the high school basketball recruiting class of 2012, is in strong position to land another prep junior-to-be.
- KU's APR numbers in good standing with NCAA
- May 18, 2010 in print edition on B1
- For the second consecutive year, three Kansas University athletic programs — men's basketball, men's cross country and women's cross country — received a perfect score in the Academic Progress Rate, KU officials said Monday.
- No more dirty work: Firebirds duo (and local cart boys) qualify for 6A state
- May 18, 2010 in print edition on B1
- Cart boys at Lawrence Country Club for five years now, Free State High seniors Evan Schmidt and Connor Klutman played themselves into the spotlight in the 6A regional tournament Monday at Meadowbrook Country Club in Prairie Village.
- Horoscope for May 18, 2010
- May 18, 2010 in print edition on A9
- This year, you often stop mid-sentence to rethink what you are about to say. Your listening skills increase, to the extent that you are even more aware of your words! If you are single, you could meet someone while simply running an errand. If you are attached, the two of you enjoy colorful conversations. Entertain more at home. Leo can be an anchor.
- Firebirds softball will face Ravens today
- May 18, 2010 in print edition on B4
- The Free State High softball team will travel to Olathe Northwest for a 4:45 p.m. tilt against the Ravens today in the first round of the regional tournament.
- Chiefs awarded TE on waiver claim
- May 18, 2010 in print edition on B2
- The Kansas City Chiefs have been awarded rookie tight end Leroy Banks on a waiver claim from the Atlanta Falcons and picked up two rookie defensive players.
- LHS softball to play Thursday
- May 18, 2010 in print edition on B4
- The Lawrence High softball team, previously unclear whether it would play its first-round regional tournament game
- Seabury golf team qualifies for state
- May 18, 2010 in print edition on B4
- The Seabury Academy boys golf team shot a 417 to finish third overall in Monday's Class 1A regional tournament at Cool Springs Golf Course, earning the school's first trip to the state tournament in the process.
- Business friendly
- May 18, 2010 in print edition on A7
- What were you thinking?? Allowing private business to tax the citizens? Aaaah … taxation without representation? Oh, wait a minute, I see. The city commissioners represent business, not the voters. There's your "representation."
- Commission slant
- May 18, 2010 in print edition on A7
- I wonder whether city commissioners have made a requirement for businesses charging extra sales tax to post a prominent notice on the door that they are doing so. I doubt it. I will make a point to follow this and not patronize any businesses in these zones or any new ones that move into areas refurbished at taxpayer expense.
- 25 years ago: Steering committee to aid school board
- May 18, 2010
- An 11-member steering committee, after examining two reports submitted by administrators, teacher, parents and taxpayers, decided to summarize both reports and make some of their own recommendations to the Lawrence school board. Some of these included making short-term decisions to handle more immediate problems such as increased enrollment at the grade schools.
- 100 years ago: Halley's comet returns to Earth's view
- May 18, 2010
- From the Lawrence Daily World for May 18, 1910: "At 12:20 tomorrow morning, the Earth will enter the tail of Halley's comet and in the course of its travels through the flimsy path will encounter 50,000,000,000 cubic miles of the gaseous filament. The people of the U.S. will see an illumination in the western sky and meteoric displays. Scientists and astronomers declare that there is no danger of a collision between the comet and the earth.
- Climate reality
- May 18, 2010 in print edition on A7
- I'm extremely tired of politicians and pundits making broad sweeping statements about climate change research and policy that have little to do with reality. In Sunday's Journal-World, Sen. Tim Huelskamp, R-Fowler, is quoted stating the following: "Instead of supporting sound science and common sense, the EPA has chosen to take the radical path of attempting to regulate carbon dioxide and methane."
- Voter muscle
- Term limits are one way to force congressional turnover — but it's not the only way.
- May 18, 2010 in print edition on A7
- The leading argument made in favor of congressional term limits a number of years ago was the need to address the overwhelming electoral advantage enjoyed by incumbent members of Congress.
- Art on four wheels: Putting the 'art' in kindergarten
- May 18, 2010 in print edition on A6
- This year's Art Tougeau parade on Saturday will have something for everyone, including some never-before-seen creative conveyances from the national art car circuit…
- Double Take: Same-sex relationship creates parental dilemma
- May 18, 2010 in print edition on A6
- I saw your column last fall on same sex relationships. I've reached a peace about this with my daughter, but the other's girl's family doesn't know.
- Area nonprofits may face losing tax-exempt status
- May 18, 2010 in print edition on A2
- About 50 nonprofits in Lawrence could have their tax-exempt status called into question after missing an important tax-filing deadline Monday.
- Royals summon RHP Bullington
- May 18, 2010 in print edition on B2
- he Kansas City Royals have purchased the contract of relief pitcher Bryan Bullington from Triple-A Omaha and optioned first baseman Kila Ka'aihue to the same club.
- LHS girls soccer to open regionals on road
- May 18, 2010 in print edition on B4
- The Lawrence High soccer team will travel to Washburn Rural for a 6 p.m. regional game on the road today.
- China's economic boom misses many
- May 18, 2010 in print edition on A7
- With all the media focus on "Rising China," another side of China gets far less attention. Call it "the other China," the bulk of the country's population that hasn't fully shared in the astonishing economic boom of the last 30 years that has transformed the country.
- 40 years ago: Chancellor reviews recent days
- May 18, 2010
- At a Lawrence Rotary Club luncheon, Kansas University Chancellor Laurence Chalmers reviewed the events on Mt. Oread in the past 19 days — arson, vandalism, student dissent — saying, "The lessons of 19 days and nights at KU are many and complex." Final exams were under way at the University for those who had opted to stay and take them.
- Free State girls soccer opens regionals vs. O-Northwest today
- May 18, 2010 in print edition on B4
- The first time this season the Free State High girls soccer team met Olathe Northwest, it didn't go as the Firebirds had hoped.
- U.S. grants asylum to Obama's aunt
- May 18, 2010 in print edition on A9
- A U.S. immigration court has granted asylum to President Barack Obama's African aunt, allowing her to stay in the country and setting her on the road to citizenship after years of legal wrangling, her attorneys announced Monday.
- Changes in store for 'Idol' next season
- May 18, 2010 in print edition on A9
- Fox executives promised to boost a sagging "American Idol" as they confidently outlined plans on Monday for a new season and declared the network the one that "delivers America's favorite shows."
- Police efficiency
- May 18, 2010 in print edition on A7
- While respecting our police and sheriff's officers whose jobs present myriad challenges in working with unhappy, difficult or just downright mean people, I think an opportunity is being missed. While going in and out of LINK one day, I chatted with a genial, older man of color, who was sitting patiently for lunch. As I left, a young Lawrence police officer arrived, stalked up, crisply dressed, aggressive and loaded with tools of authority. Without introduction or pleasantry common to this region he demanded information from the older man, received only a quiet answer and marched off, spine straight, radiating authority.
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The auto industry may have gone to hell, but Detroit still has music, and young Kyle Hall may be the city's finest new export. DJ Raybone Jones—who pulls double duty as a barber, shearing many of techno's masters—introduced him to dance music, and Hall's formidable talents have since attracted a series of serious mentors. Mike Huckaby taught him to program music with Reaktor; Three Chairs' Rick Wilhite schooled him in old-school house. He's already released records on Omar S's FXHE and Mike Grant's Moods & Grooves, and started his own imprint, Wild Oats. All of that may make him sound like a purist's prodigy, but jazz, r&b, and hip-hop influences round out his sound: Mom is singer Penny Wells, and pianist Sir Roland Hanna was a great-uncle—and Hall grew up in Dilla's city. Have we mentioned he is just 17? With Eamon Harkin, Justin Carter, and Doug Singer.
Sun., July 12, 3 p.m., 2009
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Octomom Nadya Suleman Delivers the Pain
Yes, of course Octomom Nadya Suleman says a lot of stupid things--so many that we can't keep track of all of them here at Octomerde Central. And, certainly, there are no doubt many more dumb quotes loaded into her appearance on Wednesday evening's series premiere of HD Network's Celebridate, which has La Habra's unemployed single mother of 14 going on her first date since the Carter administration apparently. But if she uttered something stupider than what's leaked out after the jump, I can't imagine how that's possible . . .
"I had eight babies ripped out of my uterus," she reportedly tells the third of three bachelors who take her on dates. "I felt like a deer being torn apart by tons of lions."
A couple things:
She had a Caesarian section, which would have necessitated regional anesthesia, general anesthesia or possibly both. She should not have felt the pain associated with having living beings ripped out of her uterus nor of a deer being torn apart by tons of lions. Pain could come after the meds wore off. Saying she felt like that during the births does feed into her obsession with being viewed as a victim, however.
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Which brings up the second point: Who the fuck forced her to have a dozen embryos implanted to produce the now supposedly pain-filled multiple births of January 2009?
And a third: Since she'd previously littered six kids, all also fertilized in-vitro, would she not have already known about this pain from having multiple babies ripped out of her uterus? And how the hell does she know how a deer being torn apart by tons of lions feels anyway?
My final point is for those three dudes who took Nads out: RUN!
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7 search results for Titanfall
Type: Event | Date: Tuesday, Mar 11, 2014"Titanfall" presents a new take on multi-player games.
Playstation has finally won me over with an amazing new teaser trailer from E3
Type: Post | Date: Tuesday, Jun 14, 2016E3 is underway in LA, and it looks like an expensive year ahead for game fans
HitFix kicks off its first Twitch TV channel with a live 'Titanfall' broadcast
Type: Post | Date: Friday, Mar 14, 2014You're welcome to play along, but go easy on me
Game Night: One week in, 'Titanfall' still packs plenty of bang for the buck
Type: Post | Date: Friday, Mar 21, 2014We're going to try some single-player titles this week, too
'Battlefield 4' leads us to ask do you ever give up on a game?
Type: Post | Date: Thursday, Apr 17, 2014Is frustration supposed to be part of video gaming?
Game Night: 'Call Of Duty Ghosts' joins the line-up for our third broadcast
Type: Post | Date: Friday, Mar 28, 2014We're still just starting to figure all of this out
Launch day impressions of the XBox One version of Ubisoft's highly-anticipated 'Watch Dogs'
Type: Post | Date: Tuesday, May 27, 2014We're nowhere near ready to review this one yet, but it's an interesting start


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General Practitioner, Primary Care Doctor
41 years of experience
41 years of experience
View Park-Windsor Hills
5830 Overhill Dr
Los Angeles, CA 90043 Phone number & directions
5830 Overhill Dr
Los Angeles, CA 90043 Phone number & directions
License & Identifications
A medical license is required for a doctor to practice medicine in a particular state. Requirements vary by state but most require, at a minimum, post-graduate training in the doctor's specific specialty. An NPI number is a national identifier unique to an individual health care provider and is managed by the Center for Medicare & Medicaid Services (CMS).
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Dr. Salonga graduated from Nicanor Reyes Medical Foundation, Quezon City.
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Dr. Zoraida Salonga practices General Practice near Los Angeles, CA.
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text:
Things are getting pretty interesting on this NFL Network list of top 100 players. They unveiled Nos. 11-20 on Sunday night, and two NFC East players showed up in the second 10. Eagles quarterback Michael Vick landed at No. 20 on the list, which was voted on by NFL players. And coming in at No. 12 was the Cowboys' DeMarcus Ware.
The initial reaction to Ware's ranking seems to have been that calling someone the 12th-best player in the league is some sort of horrendous insult. Cowboys fans seemed to be in a minor uproar that Ware wasn't in the top 10. Our man Todd Archer, of ESPNDallas.com, tweeted that the "players got that wrong," specifically citing Ware's ranking behind Chicago's Julius Peppers, who will be in the top 10.
Now, I may be the wrong (or maybe the right) person to ask, since I ranked Peppers (and James Harrison and four others) ahead of Ware in our defensive player power rankings last month. But this here is a player vote, and frankly I'm not surprised to see Peppers ahead of Ware on a player-voted list. I spoke with several different players last December on the topic of who should be the league's defensive MVP, and at least three of them said Peppers, unsolicited. Their general feeling was that Peppers' impact on the Bears' defense in 2010 was too dramatic to overlook.
I don't know (nor did I get the sense) that plays have anything against Ware or Troy Polamalu or Clay Matthews or anybody else who would have qualified for that list as of December. And look. Let's not get crazy here. We are talking about a guy his peers just ranked the 12th-best player in the entire league. That's no insult, no matter how you may want to look at it. This list is not definitive, nor is it infallible. It reflects the opinions of the players around the league. And they hold Peppers in very high regard.
As for Vick...sure. That 20 spot looks about right, I guess. Between No. 11 Aaron Rodgers and No. 26 Philip Rivers on the list of quarterbacks. Some will say he's too high, some too low, but his ranking looks about right to me. Just my opinion, though. That's all any of this is -- opinion.


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Mississippi included in new geotourism mapguide, website
Travelers seeking beautiful natural places and culturally real experiences now have a valuable new resource in a comprehensive "Geotourism MapGuide" and website for four Gulf Coast states of Mississippi, Alabama, Florida and Louisiana. The landmark project launched in March during a press event hosted by the Mississippi Development Authority's Tourism Division has taken over a year and is a significant asset for everyone who visits or lives in the region.
The Geotourism MapGuide highlights the rich landscapes and enduring, resilient people of the Gulf southern crescent region. The program is designed to showcase to local, national and international audiences the natural, cultural and historic attractions that define this special place.
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Physicians specializing in the diagnosis and treatment of insane people (alienists) emerged in the early 19th century and offered their expertise for the courts to consider in judgments of mental competence. In the Oliver Smith will case (1847), the competency of an attesting witness was contested on the issue of insanity. Four well-known alienists testified at trial. Although the insanity of the witness could have been viewed in broader terms, the experts used a narrow definition of insanity based primarily on the presence of delusions. These opinions were only partially consistent with contemporaneous medical notions of insanity and the broad definition of criminal responsibility. We suggest three explanatory factors for the narrow definition related to available medical knowledge, courtroom restrictions including the case itself, and mid-19th-century relationships between mental medicine and the law.
- 19th century
- insanity
- competency to attest a will
- Oliver Smith
- Theophilus Parsons Phelps
Nineteenth-century alienists were forerunners to psychiatrists—physicians who devoted themselves especially to the understanding and treatment of insanity. The insane were considered withdrawn (alienated) from their normal faculties (Tuke, 1892). For the alienists, insanity was a discrete medical entity including a definition, classification, diagnostic symptoms, causes, duration, prognosis, and treatment (Bucknill & Tuke, 1858; Esquirol, 1845; Prichard, 1837/1973; Tighe, 2005). The diagnosis and management of insanity required special training that could be achieved only in asylums (Eigen, 1995; Mohr, 1993). The "medical jurisprudence of insanity" was a major field of interest for the early alienists who emerged during the first decades of that century (Zilboorg, 1944). As ample experience with insane inmates admitted to the proliferating lunatic asylums accumulated, men like Haslam (Zilboorg, 1944), Georget (Goldstein, 1987), Prichard (1837/1973), Ray (1838/1962), von Feuchtersleben (1845/1976), and Winslow (1854) were eager to offer their opinions in judicial proceedings involving insanity (Ray, 1839). These alienists, claiming expertise different from other physicians and laymen, offered themselves as medico-legal witnesses who
have directed their attention almost exclusively to the study of medical psychology, and who, by patient investigation and long experience, have obtained a practical insight into the characteristics of the varied phenomena of mental alienation, the habits and peculiarities of the insane (Ray, 1839, p. 86)
and are therefore able to supply the courts "information as to the nature of those causes on which unsoundness of mind depends as to their extent and duration, their distinguishing character, and ultimate results" (Prichard 1837/1973, p. 252). The history of the jurisprudence of mental medicine of that era is the controversial account of the successes and failures encountered while trying to bring to the attention of the courts theory and experience that converged into special knowledge, mostly in criminal cases (Eigen, 1995; Mohr 1993).
However, "insanity considered in its civil relations" (Zilboorg, 1944, p. 523; e.g., the capacity of an insane person to manage his own affairs or the state of mind necessary to constitute a valid will) was also a topic of great interest to the early alienists and assumed a prominent position in the classification of the "different forms in which insanity becomes the subject of legal investigation" (Coventry, 1844, p. 134).
A central place among the civil issues was occupied by will contests. Testamentary litigation was generally believed to be on the rise in the 19th century as reflected in the textual analysis of contemporary law reports, treatises, and medico-legal literature (Blumenthal, 2006; e.g., the American Journal of Insanity, a predecessor of the American Journal of Psychiatry, published at least seven "will cases" during the first decades of publication beginning in 1844); however, exact numbers need yet to be studied (Eigen, 2006). In an era where capacity of self-government was presumed for all, the bounds of testamentary freedom (absolute liberty of the testator vs. the domestic rights of his family) were debated (Blumenthal, 2006). In legal practice, the extent of the liberty of testation would hinge on the legal meanings of a "sound and disposing mind and memory" (Blumenthal, 2006). It was exactly this niche, comprising cases of "unnatural" or deviant wills that attracted the interest of the early alienists. As scientific experts, they could opine on the observable manifestations of insanity, capable of drawing the line between insanity and mere eccentricity, but also demonstrated a "palpable curiosity regarding the motives that animated the eccentric, the singular, and the socially—if not mentally—irrational" (Eigen, 2006, p. 236).
The Oliver Smith will case (1847) offers an opportunity to examine the practical application of the theoretical basis of insanity in a civil case. A newspaper article, "The Case of Oliver Smith's Will" (Anonymous, 1847) and a short book by attorney James W. Boyden (1847 [HeinOnline 2008]) were the first reports of the case. The book provides a comprehensive account, including a biography of Oliver Smith, a copy of his will, and the proceedings in the Probate Court. They were followed by an article titled "A Will Contest on the Grounds of the Insanity of One of the Attesting Witnesses," running title "Oliver Smith's Will" (Anonymous, 1848), the second account of a will contest published in the American Journal of Insanity (henceforth, the Journal), preceded only by a translated abstract of a French will case (T. R. B, 1846). The anonymous author of the report might have been Amariah Brigham, the Journal founder and first editor, who wrote many of the articles that appeared in the earliest volumes (Brigham, 1833,1973). Brigham acknowledged the Hampshire Gazette for the report of the trial, of which only a substance (italics in original) of the testimony was included. He was also one of the experts involved at the trial.
Based on these, other sources (Amherst College, 1927; Anonymous, 1899, 1907, 1939), and personal communications, we introduce Oliver Smith, his will, the attacks to the will, and the participants at the trial. We describe the mental malady of the attesting witness, and the medical experts' testimonies and opinions, followed by a brief summary of the lawyers' arguments and the verdict, and then compare the experts' testimonies with contemporaneous medical notions of insanity including their own published works on that subject.
Oliver Smith: The Man and His Will
Oliver Smith of Hatfield, Massachusetts, farmer and tradesman, died a bachelor in 1845 at the age of nearly 80 (Anonymous, 1847, 1848, 1907, 1939; Boyden, 1847 [HeinOnline 2008]). He was the youngest of six brothers, all deceased before him; his father died when he was 1 year old, and he was raised by his mother. Having a very limited formal education, at the age of 21 he took his share in the patrimony, in land, at the value of US$500. In course of time, being an industrious, hard working man, who made good investments as well as other successful financial decisions, while spending little (Sttebins, 1898), he accumulated a significant fortune.
Oliver Smith was a charitable man, directing his assistance toward poor young women, the building of school houses in poor districts of his native town, and the American Colonization Society. Given his personal history, and because "his kindred were in good circumstances" (Boyden, 1847 [HeinOnline 2008], p. 8), it was anticipated that the "bulk of his estate should be applied to public uses" (Boyden, 1847 [HeinOnline 2008], p. 8). And so it was.
As early as 1832, with the aid of a local judge, a draft of the first will was prepared, and completed the same year by Charles P. Phelps, a successful lawyer of nearby Hadley. Various codicils were added from year to year, reflecting the fluctuations in the value of his property. Accordingly, the number of the beneficiary towns varied from 8 to 12, and "some individual legacies were occasionally inserted, or omitted" (Boyden, 1847 [HeinOnline 2008], p. 8). Eventually, Charles P. Phelps prepared another will, which was executed on July 15, 1844. A codicil was added on the 13th of August, 1845, with further specifications on how to invest the funds, however without changing the will's beneficiaries. In his final will, a detailed and thoughtful document, Oliver Smith nominated Austin Smith, a nephew ("a shrewd man of business, honest, keen, and clear in his dealings"; Sttebins, 1898, p. 174), as executor to the will, and for his past and future services was given the testators' homestead in Hatfield. Ten other relatives were given mostly small annuities. The major bulk of the estate, around US$400,000 (a large sum of money, but comparable with other "will cases" reported in the Journal), was left for the establishment of an agricultural school in Northampton, for use by the American Colonization Society, and especially for the use and benefit of indigent boys, girls, young women and widows, and residents of several local towns. The attesting witnesses on both occasions included Charles P. Phelps and his sons Charles and Theophilus Parsons.
Attacks to the Will
Oliver Smith's heirs-at-law (16 in number excluding the executor, all of them nephews and nieces, husbands included whenever married) were "aggrieved" (Boyden, 1847 [HeinOnline 2008], p. 59). Some of them were probably included in the preceding will or codicils and now excluded. Others, although included in the last will, were disappointed at the relatively small bequests appointed. All of them thought "it was natural that those, who had lived around him for fifty years, his relations by blood, should expect from their uncle, a bachelor, at least some token of his remembrance" (Boyden, 1847 [HeinOnline 2008], p. 29). All of them were ready at any time to stop legal proceedings "had he (the executor) seen fit to divide between them and the devisees" (Boyden, 1847 [HeinOnline 2008], p. 30; 19th century will contests as already indicated were usually fought on similar grounds; Blumenthal, 2006).
At the Probate Court held at Northampton in March 1846, the executor to the will expressed his willingness to execute the trust, supported by Osmyn Baker, a lawyer appearing on behalf of six of the beneficiary towns. Charles P. Huntington on behalf of the heirs-at-law opposed the Probate of said will, and objected the jurisdiction of Judge Conkey as Judge of Probate on account of interest (his town of residence was mentioned in the will). The latter claim was subsequently declined, and in December 1846, Judge Conkey approved the will and codicil.
Shortly thereafter, Smith's heirs-at-law filed a probate appeal to the Supreme Judicial Court (SJC) claiming that (a) Oliver Smith was not of "sound and disposing mind and memory" at the time of the execution of the will and codicil and (b) the will and codicil were not "attested and subscribed in the presence of the testator by three competent witnesses;—competent at the time of attestation" (Boyden, 1847 [HeinOnline 2008], p. 2).
The first claim was dropped (Smith's neighbors "promptly testified they had never known a more sensible, saner man"; Anonymous, 1907), and it was agreed by all that the testator was of sound mind. Hence, the parties went to trial on the formal objection that one of the attesting witnesses, Theophilus Parsons, was incompetent on account of insanity. Idiots ("those who have no intellect, whether from birth or occasioned by subsequent cause"; Walker, 1860, p. 264), lunatics ("those who have intellect but in a deranged state. There need not be frenzy or raving madness, but only derangement greater or less of the reasoning faculties. And here the true criteria is delusion"; Walker, 1860, p. 264), infants, and those on the ground of interest or infamy were incompetent to testify according to American law (Walker, 1860) of the time.
Thus, Theophilus was dragged into the plot by the heirs-at-law legal tactics whose "case was not too strong" (Fuess, 1928, p. 149). There seemed to be only one point at which an attack could offer any chance of success. "One of the witnesses to the will had lived so secluded from society and had conducted himself so singularly that he was reputed to be insane" (Fuess, 1928, p. 149). The decisive evidence was based on the fact that 11 months before the will was made, the witness was declared insane by Dr. Woodward, Superintendent of the Worcester State Asylum (Anonymous, 1847, 1848; Boyden, 1847 [HeinOnline 2008]; Brown, 1862).
The Participants at the Trial
Judge Wilde of the SJC for the County of Hampshire presided at the trial, in front of a crowded courtroom, at Northampton, Massachusetts, for three consecutive days beginning July 6, 1847 (Anonymous, 1847, 1848; Boyden, 1847 [HeinOnline 2008]). Rufus Choate, R. A. Chapman, and C. P. Huntington represented the heirs-at-law, while Daniel Webster, C. E. Forbes, and Osmyn Baker represented the executor. Choate (Brown, 1862; Fuess, 1928) and Webster (Remini, 1997) were two of the most prominent lawyers of the time. Witnesses included the father, the brothers, and Theophilus himself (evidently considered competent by the court to testify at the time of the trial), as well as 13 or 14 laymen and nonexpert physicians. Four asylum superintendents were called as experts, all of them formed part of the group of the "thirteen originals" of American psychiatry (Overholser, 1944): Samuel B. Woodward (1787-1850), first president of the "Association of Medical Superintendents of American Institutions for the Insane" (henceforth, the "Association"; forerunner of the American Psychiatric Association; Overholser, 1944); Amariah Brigham (1798-1849), founder and first editor of the Journal; Isaac Ray (1807-1881), pioneer and founder of the field of medical jurisprudence of insanity in America (Zilboorg, 1944); and Luther V. Bell (1806-1867). Woodward, who examined Theophilus about 4 years before the trial, was also heard as a witness.
Theophilus's Mental Malady
Theophilus was born in Hadley, Massachusetts, in 1821 (Anonymous, 1847, 1848, 1899; Boyden, 1847 [HeinOnline 2008]). His mother was the daughter of famous Chief Justice Theophilus Parsons of the Massachusetts State Bench. He prepared for college at local schools and in 1837 went to Amherst College. The descriptions and opinions concerning Theophilus made by the objecting and proponent witnesses evidently were not concordant (Anonymous, 1847, 1848; Boyden, 1847 [HeinOnline 2008]). However, the points of agreement and other available data permit a coherent account. Theophilus, a rather reserved and shy boy, was not fond of company and changed conspicuously during his last year of college. He was in poor health (dyspepsia, pain in the head), generally depressed, and even more asocial. His physician told him the complaints were of nervous character. Consequently, he left college in the summer term of his junior year and the last part of his senior year, and did not complete his requisite assignments for commencement. Nevertheless, being a good student, he eventually graduated college in 1841. Thereafter, considering himself physically disqualified from pursuing a profession, he lived at home working on the family farm. Although not usually at the dinner table when company was present, he could discuss freely many subjects and was a voracious reader. In the summer of 1843, he told his uncle that he experienced peculiar feelings, extraordinary elevations of spirits and fullness about the head. Another uncle (a reverend), who met him on July 1, 1843, thought he was under "high religious excitement" (Anonymous, 1848, p. 231), confessing to taking pears from a tree near the road when 10 or 12 years old. In August of the same year, shortly after his father broke a thigh in an accident, Theophilus started to claim that some people, including his brother, intended to injure him, and he was in a state of nervous excitability. He became reluctant to enter the nearby woods, locked the windows during the day, and got up at night to see if there were people around.
In this state, he was advised by his father to go to Worcester Asylum, accompanied by another brother. Woodward described him on August 1843 as follows:
Theophilus was still and silent, answering only in monosyllables. . . . I found his health poor. . . . complained of dyspeptic symptoms, of uncomfortable feelings in his head, not exactly headache, but an oppression. . . . at times, he seemed anxious, walked about the room, looked out of the windows and doors, and admitted his apprehension that some one was in pursuit of him. He said, that he was afraid that people would dissect him, that there was a conspiracy, that individuals were about the house, suspected of evil intentions, and . . . suspected a brother of being in conspiracy. While I was conversing with [brother], Theophilus came to me, walking rapidly, and asked, "Doctor, do you think me a pig?" I thought this totally disconnected with anything said previous. . . . I asked him why he said so. He replied that it occurred to him, at that moment, that I thought so. (Boyden, 1847 [HeinOnline 2008], p. 19-20)
Woodward, thinking it would be better for Theophilus to stay at home, rather than in the asylum with "other eighteen insane persons in room" (Boyden, 1847 [HeineOnline 2008], p. 25) apparently in worthier conditions, prescribed for Theophilus, who was not better. On Sabbath, after his return, under some delusion and in a state of excitement, "he threw himself into the water" (Anonymous, 1848, p. 229), probably trying to "drown himself in the river" (Boyden, 1847 [HeinOnline 2008], p. 27). It seems that within several months, a change for the better took place. According to Theophilus, he was more rational and had no fears or delusions anymore. His mind, however, had been somewhat more depressed since then, and he more frequently avoided company. In Spring 1844, he wrote a history of the Five Books of Moses for Sabbath School that was accepted by the Committee of Publication. In the following years, he continued to read new books, occasionally wrote short pieces, and managed his "little gains" (Boyden, 1847 [HeinOnline 2008], p. 16) from the farm.
At the time of the execution of the will (July 1844), Theophilus said, his "bodily health was not much improved," but his mind "was good" (Boyden, 1847 [HeinOnline 2008], p. 15).
At trial, Theophilus's testimony "was given with remarkable clearness and precision. He gave a minute and lucid account of the transaction of attesting the will, relating some circumstances which the other witnesses had omitted" (Anonymous, 1848, p. 228).
We know little about Theophilus following the trial in which his sanity, at least in the eyes of some, was "fully established" (Boyden, 1847 [HeinOnline 2008], p. 5). Of his class at Amherst College, he was the only one not to pursue a career and one of few not married (Amherst College, 1927; Anonymous, 1899). He was not mentioned either in his father's extensive autobiography of 1855, nor in his correspondence with family (P. Nelson, personal communication, June 2007). During almost his entire life, he was more or less considered an invalid, and for several years was unable to go out of doors. Most of his life passed at Hadley quietly and uneventfully. His final illness (apoplexy) was a short one, and he died at the age of 77 at Amherst (Amherst College, 1927; Anonymous, 1899).
Medical Expert Testimonies and Opinions
The experts were asked if Theophilus was insane (idiot or lunatic; Walker, 1860) on July 15, 1844, and consequently incompetent to attest the will (Brown, 1862). All four agreed that Theophilus was insane in August 1843. However, the crucial date was neither August 1843 nor July 1847, when the experts were able to observe but not examine him. Therefore, the legal question dictated that those contesting the will would claim that insanity was present in July 1844, by trying to expand its scope, whereas the parties supporting the will would try to limit its definition, or deny its existence. This becomes apparent in the lawyers' arguments to the court to be summarized in the next section. Thus, the experts were interrogated as to presence of insanity, its characteristics, duration, causation, relationship to peculiarities of behavior, competence at daily activities, body complaints, not to mention their opinion concerning Theophilus's reliability at trial and his competency at the crucial legal time.
Woodward thought Theophilus was ill during the 2 years preceding their first meeting. At Worcester, the alienist was certain that Theophilus suffered from at least one delusion and was influenced by it, and that this was a form of insanity, insane melancholy different from hypochondriasis. He was not impressed by Theophilus's literary and work accomplishments claiming that many insane persons write coherent letters, essays, poetry, or even books. Avoiding society, he proclaimed, was not necessarily the effect of delusion. Woodward was convinced that Theophilus's condition was caused by hard study–induced dyspepsia that produced a morbid condition of the brain and nervous system, that is, insanity. He saw no evidence of delusions in 1844, maybe due to a lucid interval. Woodward argued that insanity is not always dependent on the delusion. Rather, because the dyspepsia that caused the "aberration of mind" (Anonymous, 1848, p. 233) existed in 1844, he was insane, and therefore not legally responsible.
Brigham thought Theophilus was insane at Worcester in 1843, and that his delusions and attempt to drown himself in the river after his return from Worcester confirmed the presence of insanity. He regarded his "religious revivals" (Anonymous, 1848, p. 234; Boyden, 1847 [HeinOnline 2008], p. 26) a reflection of a developing insanity, but was less convinced that Theophilus's dyspepsia, headache, shyness, or writing an essay, caused or perpetuated his insanity. He noticed that dyspepsia very frequently precedes, but generally subsides, at the commencement of insanity and that there is very little headache in the insane. He mentioned, as a general fact, that when the minds of the insane recover, their bodies recover, although their minds are sometimes relieved before they recover their bodily health. Brigham was not impressed by Theophilus's literary activities and indicated that an insane person could still write a book, unless there is "general insanity" (Anonymous, 1848, p. 234; Boyden, 1847 [HeinOnline 2008], p. 27). He was impressed by Theophilus's account of his recovery and concluded that there was no evidence for insanity in 1844.
Ray, similarly impressed by Theophilus's testimony, found his frank and open account the strongest proof of his mental stability. He agreed that there were delusions for a limited time in 1843; however, they were no longer present in 1844. He claimed that those delusions were the only proof of insanity in 1843. Nothing further indicative of insanity was observed. Consequently, Ray said that Theophilus was perfectly competent to attest the will in 1844.
Bell, in agreement with the other experts, had no doubt concerning Theophilus's insanity at Worcester, in 1843; however, he presumed that it gradually disappeared in 2 to 3 months. Headache was not an essential component of insanity, and thus it was concluded that Theophilus was capable to attest the will, in July 1844.
A Brief Summary of the Lawyers' Arguments, the Verdict, and Epilogue
Choate raised an expanded and comprehensive account concerning Theophilus's insanity, which, rhetoric excluded, might seem derived from a contemporaneous textbook on insanity, whereas Webster argued for a limited one (Anonymous, 1847, 1848; Boyden, 1847 [HeinOnline 2008]). According to the plaintiffs' lawyer, a change in personality started when Theophilus went to college, in the end of the 3rd or the beginning of the 4th year; this culminated into manifest insanity during the summer of 1843, when he was "not mad for the first time, but differently mad" (Boyden, 1847 [HeinOnline 2008], p. 31). Because no "restoration" had been proven, in July 15, 1844, Theophilus was "there present; but . . . his mind was not there; he was brooding over some delusion" (Boyden, 1847 [HeinOnline 2008], p. 32), hence unable to "try the testators' mind" and to "protect" him (Boyden, 1847 [HeinOnline 2008], p. 31), and therefore was, according to his interpretation of the law, an incompetent witness.
For Webster, the case turned a good deal on the "character of a young man" (Boyden, 1847 [HeinOnline 2008], p. 33), and if insanity has been proved, then it might be "temporary or coming and going" (Boyden, 1847 [HeinOnline 2008], p. 35), or curable. Moreover, even if there was insanity, then much would depend on its degree. According to Webster, in mid-July 1844, Theophilus was intelligent, and understood the nature of an oath, and therefore was credible (competent) to testify in a case of assault or battery. Consequently, he concluded that "a competent witness in a court of law is a competent witness to a will" (Boyden, 1847 [HeinOnline 2008], p. 34).
Judge Wilde, while charging the jury, reminded them that the issue before them was whether Theophilus was a competent or credible witness. He identified principle elements of competency as absence of interest, infamy, and imbecility of mind. The judge commented at length on the evidence of the "mental capacity" of Theophilus and concluded that "if the jury believed that he might have been admitted to testify in court immediately after attesting the will, he was a competent witness within the statue" (Boyden, 1847 [HeinOnline 2008], p. 36). Subsequently, at the third ballot, the jury was "unanimous in favor of establishing the will" (Boyden, 1847 [HeinOnline 2008], p. 36). This concurred with the December 1846 ruling of Judge Conkey. In August 1847, Judge Conkey ruled that the validity of the will had been established and appointed Austin Smith executor of the will (Anonymous, 1939).
Thereafter, the Smith Charities were founded (Ebbeling, 1976). When Austin died, unmarried, in 1861, his estate of US$450,000 was bequeathed to his sister Sophia. Sophia Smith bequeathed her fortune in 1870 for the establishment of Smith College for Women at Northampton (Sttebins, 1898). She was one of the heirs-at-law opposing Oliver Smiths's will (Boyden, 1847 [HeinOnline 2008]).
The Medical Expert Testimonies in Light of Contemporaneous Notions of Insanity
In the middle of the 19th century, a considerable amount of knowledge had accumulated in Europe regarding insanity and was made available to American alienists in textbooks, periodicals, and by personal visits. By 1847, the 3-year-old "Association" had its third annual meeting that provided a forum for the exchange of ideas. The proceedings were published regularly in the Journal, the first periodical in the English language to be devoted exclusively to psychological medicine (Overholser, 1944), that also published both translated and original articles by European authors and reported news from Europe. Rush's textbook of 1812, Ray's "Treatise" of 1838, and "lesser volumes" (Bunker, 1944) were already published. The alienists who participated in the trial were actively involved in the formation of American mental medicine. They all contributed to the literature and debate on insanity. With the exception of Woodward, all had visited the institutions for the insane in Europe, and all were inspired by French and English alienists (Overholser, 1944). The American view of insanity was therefore very similar if not identical to the European perceptions (Dain, 1964).
Definition of insanity
Nineteenth-century writings reflected a very broad definition of the faculties impaired in insanity (Esquirol, 1845; Prichard, 1837/1973; Winslow, 1854). "Definition of Insanity—Nature of the Disease," published in the first volume of the Journal, most probably by Brigham, described "a chronic disease of the brain, producing either derangement of the intellectual faculties or prolonged change of the feelings, affections, and habits of an individual" (Anonymous, 1844, p. 97). Thus, this wide ranging definition of insanity, departing from overt delusions and frenzied behavior, was inherently problematic (Bucknill & Tuke, 1858; Prichard, 1837/1973; Ray, 1838/1962; Winslow, 1854; "insanity belongs to a class of phenomena that may be described and explained, but are not the proper object of a definition"; Ray, 1871/1976, p. 631), especially in a medico-legal setting where lawyers would ask for a definition of insanity to confound and discredit the expert witness (Ray, 1838/1962, 1839; Winslow, 1854). We therefore presume that the four alienists would avoid defining insanity as much as possible. The text itself does not refer to definitions (Anonymous, 1847, 1848; Boyden, 1847 [HeinOnline 2008]).
Classification of insanity and diagnosis
Classifications were abundant and varied (Bucknill & Tuke, 1858; Esquirol, 1845; Prichard, 1837/1973; Ray, 1838/1962, 1839). Ray's (1839) comprehensive classification of insanity was similar to the one adopted by Esquirol (lypemania/melancholy, monomania, mania, dementia, imbecility/idiocy). In his "Treatise," he maintained,
A natural classification of the various forms of insanity . . . will be of eminent service to the legal inquirer . . . The deplorable consequences of knowing but one kind of insanity, and of erecting that into a standard, whereby every other is to be compared and tested, are too common in the records of criminal jurisprudence. (Ray, 1838/1962, p. 59)
After Pinel, Woodward (Grob, 1962) divided insanity into mania, melancholia, and dementia. Each existed in chronic and acute forms. Brigham and Bell as well used a symptomatological classification, although the latter had his reservations and suggested an etiological classification (Bucknill & Tuke, 1879).
It is remarkable that only Woodward presented a specific diagnosis (insane melancholy) beyond the general label of insanity. One does not know if any other diagnosis was ascribed to Theophilus by the other alienists involved.
Diagnostic symptoms
Analyzing symptoms that characterize insanity was considered fundamental (Ray, 1839). In addition to disorders of sensibility, understanding, intelligence and will, change in habits, tastes, and passions, which could appear a long time before an individual was regarded as insane, were important diagnostic elements (Esquirol, 1845). For Ray a change of character was a proof of insanity (Ray, 1839), a view sustained over the next decades (Bucknill & Tuke, 1879).
The mental phenomena demonstrated by Theophilus could be subdivided into delusions and nondelusions (e.g., change of disposition and habits, depression/melancholy, behavioral, etc.). It is remarkable that only the overt delusions expressed by Theophilus were considered central indicators of insanity by all four experts. Other morbid phenomena were not mentioned, or mentioned only in conjunction with a delusion (e.g., the attempt to drown himself in water), or considered nonspecific (e.g., headache as a good explanation for avoiding company).
Causes of insanity
Esquirol (1845) divided causes of insanity into general or special, physical or moral, primitive or secondary, and predisposing or exciting. Hereditary predisposition as well as ill health, dyspepsia, and application to study ranked high in physical and moral causes of insanity based on American asylum data (Earle, 1848).
"Dyspepsia-hereditary" (Anonymous, 1848, p. 232) in three generations was mentioned at trial by Dr. Gridley, one of the nonexpert physicians involved (Anonymous, 1848; Boyden, 1847 [HeinOnline 2008]). Theophilus's father was a noted hypochondriac and Theophilus Parsons, the grandfather, was regarded as the "hypochondriacal Chief Justice" (Fuess, 1928, p. 149). We would suggest considering these remarks somewhat humorously, presumably made by the defendants, as the reputation of being a hypochondriac was not associated with insanity in either case.
Brigham (1833/1973) published on the association between moral causes, body ailments, and insanity. He theorized that prolonged moral causes continuously irritate the brain, followed by dyspepsia and insanity. At trial, however, he tried to diminish the causative role for dyspepsia and headache in this case. Woodward suggested hard study as a cause for Theophilus's dyspepsia. However, as the evidence showed, Theophilus had dyspepsia and headaches before, during, and after the summer of 1843, long after he graduated college. Neither Theophilus himself nor any of the alienists attributed much importance to his father's accident; consequently, it was not considered a "shock" or a moral cause.
Duration of insanity
All alienists of the time agreed that the duration of insanity is variable (Prichard, 1837/1973). The duration of the disease in cases terminating favorably was considered by Pinel to range from 5 to 6 months and by Esquirol and Tuke to be as long as 1 year (Bucknill & Tuke, 1879). Associated with duration was the idea of "incubation" of insanity that was developed by French alienists in the first third of the 19th century for clinical and forensic reasons (Esquirol, 1845; Martinez Perez, 1993). Ray (1839) was also cognizant of the state preceding insanity and seemed to have adopted Pinel and Georget's opinions on incubation of mental alienation during which the true state of the patient is generally misunderstood, or not appreciated and may last for a long time.
The medical opinions at trial varied on the duration of Theophilus's delusions. The shortest notion (Bell) considered it to have continued for 2 or 3 months. Ray referred to its existence in 1843 but not 1844. Brigham and Woodward were of a similar opinion. Theophilus himself said the delusions terminated in winter. If it was winter (January, February), then the duration of the delusions was 6 to 7 months.
From a broader medical point of view, the question was not purely whether there was a clear delusion in 1844, but if there was evidence of insanity or other nondelusional morbid phenomena in 1844. The medical experts were also interested in the morbid phenomena that preceded August 1843 covering the period of "religious revival" (Anonymous, 1848, p. 234; Boyden, 1847 [HeinOnline 2008] p. 26), extraordinary elevations of spirits and excitement, and changes of habits and disposition described by some witnesses at the end of college. Whether regarded as an incubation period, indicative of approaching insanity, or as forming a part of a broader definition of insanity, they surely indicate a period of mental turmoil, distress, and morbidity, ranging from 1 month to 2 years, preceding the delusional period, which Theophilus experienced.
Course of insanity
Of the three possible outcomes of insanity (remission, dementia, death; Prichard, 1837/1973), it was evident that Theophilus was neither demented nor dead in 1844. He lived to an advanced age, which suggests that no real malignant disorder underlined his physical complaints. However, did Theophilus recover from his insanity in 1844?
Although a change for the better took place as Theophilus stated that he was not afraid anymore (at trial, presumably even in July 1844), he still was depressed a great deal of the time. Theophilus himself mentioned that even if the delusion concerning injuries by his brother and others passed in the winter of 1844, he still considered his case to resemble "hypochondriasis" (Anonymous, 1848, p. 229) and maintained those ideas concerning his physical health mentioned at trial, presumably in July 1844. At that time, hypochondriasis was thought by many to be a form of insanity (Anonymous, 1845b). Frequently melancholia and hypochondriasis alternated complicated by suicide or terminated by mental alienation (Galt, 1856). Both were considered maladies (Esquirol, 1845). Therefore, Theophilus apparently would not have met the criteria for a "diagnosis of recovery" (Bucknill & Tuke, 1879, p. 479).
For Ray (1839) the circumstances favorable to recovery included constitution, good moral and intellectual education, hereditary predisposition for insanity, and early medical treatment. Other factors favoring recovery would be the occurrence of certain moral or physical impressions (e.g., intense fright, attack of fever).
Were there factors that would predict favorable prognosis? While good moral and intellectual education, lack of hereditary predisposition for insanity (other than hypochondriasis/dyspepsia), and absence of an exciting moral or physical cause might be assumed as favorable circumstances, there are doubts concerning the issues of constitution and appropriate early treatment. Theophilus's frail constitution has already been discussed. As for early treatment, he was subjected to the prevailing home/community management, however not exposed to the applauded asylum moral treatment (Moran, 1998). We know that he was prescribed leeching and bleeding by Dr. Gridley in July 1843 and again after his return from Worcester, but it might have been for the dyspepsia, as Gridley saw nothing indicating insanity (Anonymous, 1847, 1848; Boyden, 1847 [HeinOnline 2008]). Woodward treated Theophilus with medications at Worcester. He was considered an expert in therapy (Anonymous, 1844, 1845a) and relied, perhaps too heavily, on opiates and stimulants as remedies (Grob, 1962; McGovern, 1985). Gridley discontinued Woodwards's "too stimulating" (Boyden, 1847 [HeinOnline 2008], p. 24) prescriptions.
The "Oliver Smith will case" turned on the legal competency of one of the attesting witnesses to the will. The alienists involved were primarily questioned as to his insanity at the time of attestation. Based on the available material, we conclude that three out of the four alienists took a restricted view of insanity, equating it with the presence of delusions. The evidence, however, indicated that Theophilus experienced morbid phenomena characteristic of insanity even before he manifested delusions, and there were several indicators to doubt his complete recovery from insanity in July 1844. Woodward took a broader view. However, even for him, the nondelusional phenomena were not crucial.
Present day practitioners have at their disposition a broad definition of "mental disorder" ("a clinically significant behavioral or psychological syndrome or pattern"; American Psychiatric Association, 1994, p. xxi), under which categories, criteria, and textual descriptions are prescribed. As for Theophilus, in modern eyes, a mental disorder consisting of a prodromal period, followed by an active stage with prominent delusions and terminating in a residual phase, would be understood as probably belonging to the schizophrenia category (American Psychiatric Association, 1994). However, the clinician is cautioned as to the use of the clinical diagnosis in forensic settings where additional information beyond that contained in the diagnosis is needed in determining "whether an individual meets a specified legal standards" (American Psychiatric Association, 1994, p. xxiii).
Theoretically speaking, the trial represented an opportunity for these influential alienists to present to the court all the broad natural phenomena of insanity as reflected in this case, and which formed part of a contemporaneous broad view of insanity, especially vis-à-vis criminal responsibility (Weiss, 2007). Moreover, Ray (1838/1962), much ahead of his time, advocated that incompetence to testify is not necessarily connected with insanity. He felt it would be appropriate to consider the former an independent fact to be established by a distinct order of proofs. After the German jurist Hoffbauer, he maintained that even a subject with lower degrees of imbecility, partial intellectual mania, or partial moral mania, and old men in the early stages of dementia, under some restrictions, can still testify if (a) senses are sufficiently sound to take cognizance of the facts to which he testifies, (b) the impressions are really what he believes they are, (c) testimony coincides with his belief, and (d) he is able to convey to others his own ideas without fear of being misinterpreted. These criteria established a distinction between diagnosis and its symptoms on one hand and the capacities necessary for the appropriate completion of a specific legal task on the other hand. Consistent with Ray's reasoning, Theophilus could be broadly defined as insane however still a competent witness.
Nonetheless, in this case, the experts gave primacy to the existence of delusions, whose presence or absence traditionally constituted the "true test" of insanity for legal purposes (Tighe, 2005; Wetmore, 1864; Winslow, 1854). This stood in contradiction with the prevailing tendency of the early alienists, including their own views (Bucknill & Tuke, 1858; Esquirol, 1845; Prichard, 1837/1973; Ray, 1838/1962; Winslow, 1854), in favor of a broad definition of insanity.
We suggest three explanatory sets of factors:
Available medical knowledge: The alienists thought that this case represented a short-term insanity. All the great alienists described cases of relatively short episodes of insanity (Esquirol, 1845; Prichard, 1837/1973). In addition, not only was there a general belief of a good prognosis for some recent cases of insanity as the statistics of asylum admissions and discharges demonstrated (Grob, 1962), but socially, a "cult of curability" prevailed (Luchins, 1992). Alternatively, a more specific diagnosis other than insanity was difficult to formulate. Theophilus's case was more characteristic of lypemania/melancholia (Woodward's diagnosis) according to Esquirol. This suggested monomania according to Prichard, and partial intellectual mania according to Ray. The period preceding the confirmed insanity and the one that followed it were difficult to classify because the appropriate terminology and concepts were still lacking (Berrios, 1996). In 1847, the lack of a longitudinal view of disease (Berrios, 2007), clear concepts of personality and personality disorders (Berrios, 1996) and recovery, would have rendered a specific diagnosis difficult. Nevertheless, they could have regarded Theophilus's eccentricity a lifelong process complicated by insanity, a change of character indicative of insanity, or insanity resulting in "imperfect recovery" (Ray, 1871/1976).
Courtroom restrictions and the case itself: The medical men in the courtroom were subpoenaed by the judge, the parties involved, and their attorneys (Eigen, 1995). In court, the medical expert can be subjected to "yes" or "no" answers by experienced lawyers. Thus, they would have preferred to distinguish between solid clinical findings, the so-called "pathognomonic signs" of insanity (delusions; Mohr, 1993), as opposed to the theoretical constructs. For example, when Woodward was proceeding to append remarks to one of his replies, he was reminded that Webster did not want "a speech on a question" (Boyden, 1847 [HeinOnline 2008, p. 21]). Theophilus's other symptoms did not constitute decisive evidence for insanity. In fact, the belief that dyspepsia was a form of insanity was disputed (Brigham, 1833/1973), and not everyone accepted that hypochondriasis was equivalent to insanity and disease of the brain (Anonymous, 1846). Theory aside, Woodward (Grob, 1962) did not find classifications of insanity useful in treating the disease as the various forms tended to blend into one another, and Bell (Bucknill & Tuke, 1879) abandoned his etiological classification. The alienists were free within the judicial arena, to make up their own minds and to pick and choose aspects of theory that were consistent with their practice and experience and appealed to them. They might not have found the courtroom as the appropriate forum to expand on "textbook" concepts and theories. The convincing testimony offered by Theophilus himself at trial might have served to strengthen this view.
Mid-19th-century relationship between mental medicine and the law: This period was a "golden era" (Blumenthal, 2006; Tighe, 2005) in the relationship between mental medicine and the law, although this state of affairs would soon change (Mohr, 1993; Tighe, 2005). Medical experts knew more about the manifestations and varieties of mental illness. The challenge was how the courts could be educated to the levels of understanding of experts in mental illness (Mohr, 1993). Judges and lawyers were initially receptive to these "scientific means of accounting" (Blumenthal, 2006). There was a sense that they "should and could share a definition of insanity, if only they could clearly articulate how 'the best' practitioners of their respective professions understood the concept" (Tighe, 2005, p. 254). All this was presumably easier to achieve in civil cases such as a will contest (Zilboorg, 1944), especially in an uncomplicated case (short duration, small number of witnesses) where the best practitioners on both sides were involved, as was the "Oliver Smith will case." Using a narrow definition, with a focus on the presence or absence of delusions, would seem a step in that direction of consensus on the concept of "insanity" in mid-19th century. The medical discourse would have been different if the legal question concerned Theophilus's criminal responsibility, with its potentially serious consequences.
We are grateful for help in obtaining archival material and personal communications to Julie H. Bartlett, Archivist, Forbes Library, Northampton, MA, USA; Elizabeth Bouvier, Head of Archives, Massachusetts Supreme Judicial Court, Boston, MA, USA; Bruce Shaw, Director, MA Supreme Judicial Court, Division of Archives and Records, Boston, MA, USA; and Peter Nelson, Amherst College Archives & Special Collections, Frost Library, Amherst, MA, USA; and to Rena Kurs, for assistance in preparation of the manuscript.
Article Notes
Jeremia Heinik is Clinical associate professor of Psychiatry and Coordinator of Geriatric Psychiatry Diploma Studies, Sackler Faculty of Medicine, Tel Aviv University. He is also Director, Margoletz Psychogeriatric Center, Ichilov Hospital, Tel Aviv.
Kenneth I. Shulman is professor in the Department of Psychiatry, Faculty of Medicine, University of Toronto. He holds the Lewar Chair in Geriatric Psychiatry and is Chief of the Brain Sciences Program at Sunnybrook Health Sciences Centre.
The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.
The author(s) received no financial support for the research and/or authorship of this article.
- © SAGE Publications 2011


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Subaru Recalls Nearly 600K Cars Due To Fire Risk From Overheating Windshield Wiper Motors
Mall Operators Working To Implement Security Measures Without Interfering With Shopping ExperienceMore sophisticated cameras. Security robots. Customers feeling shaken by recent attacks at U.S. malls may not notice huge changes - but mall operators are testing and putting in place new technologies and other measures to offer people more protection without intruding too much on their shopping time.
Environmentalists: Your TV Uses More Electricity Than You ThinkAn environmental group on Wednesday accused three major TV manufacturers of misleading consumers and regulators about how much energy high-definition screens devour, alleging that the televisions were designed to perform more efficiently during government testing than in ordinary use.
Map Mix-Up Sending Hundreds Of Topgolf Customers Into Quiet Roseville NeighborhoodHomeowners in Roseville are concerned about new problems in their community since Topgolf's opening two weeks ago.
Flying Soon? Leave This Recalled Phone At Home, FAA WarnsAviation safety officials took the extraordinary step of warning airline passengers not to turn on or charge a new-model Samsung smartphone during flights following numerous reports of the devices catching fire.
Thieves Break Into Developer's Home And Steal Plans For Controversial Midtown BuildingSacramento developer Ryan Heater says he's become the target of thieves after building plans and emails were stolen from his home.
Anti-Gaming Groups Stall Yuba County Casino ConstructionConstruction of a much-anticipated Yuba County casino has been suspended, due to pending litigation.
Trucks, Small SUV Part Of Tesla's Future PlansElectric car maker Tesla Motors is working on multiple new vehicles, including heavy trucks and buses that could be unveiled as early as next year.
Netflix Facing Tougher Times Ahead As US Subscriber Growth SlowsAfter years of spectacular success, Netflix is starting to hit some potholes. The high-flying internet video service added only 160,000 U.S. subscribers from April through June, its lowest gain in the period since splitting up its video-streaming and DVD-by-mail services five years ago.
Teens Learn About Food Production At Local Farm-to-Fork CampA group of high school students is tasting their way around Sacramento as a part of the farm to fork initiative with the Sacramento Visitors bureau.
Workers, Businesses Poised For Golden 1 Center PayoffYou can hear, see, and feel the buzz about the Golden One Center. On the streets and in nearby businesses, the arena dominates conversation.
Walmart Store Opens Amid Controversy In LodiAfter 10 years of legal battles, delays, and two years of construction, the doors have finally opened for Lodi's Walmart Super-center, on Kettleman Lane and Lower Sacramento Road.


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The Washington PostObviously, this minor Victorian classic is a principal template for scores of later books by sandy-haired Brits going off to seek adventure in far-flung, exotic places. Think of Robert Byron on the road to Oxiana, Eric Newby taking a short walk in the Hindu Kush, Bruce Chatwin trekking through Patagonia. For all its charm, though, a 21st-century American will grow quickly aware that Eothen is suffused with many of the classic prejudices of the Westerner toward "Oriental" cultures and civilizations. Kinglake sometimes admires the people he encounters, but whether he does or not, he makes clear, if only implicitly, that the "soft Asiatic" belongs to an inferior race and his customs are barbarous, or laughable, or just too damn mysterious to be understood. — Michael Dirda
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- 9783895086915
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Farmers across Western Australia's grain growing regions are dealt a bitter blow, with hopes of record crops dashed by frost just weeks before harvest.
Queensland Government secures $3.6 million from failed resources company Linc Energy to begin rehabilitation efforts on the western Darling Downs.
Vegetation management expert on the Sunshine Coast turns to goats for effective weed control.
A trip to Vanuatu reveals an unsettling link to a brutal part of Australia's cane-farming history.
The World's Best Tractor Collector still has the bug after earning the National Geographic title in 2014.
Thrill of the chase lures big black marlin fleet to the Coral Sea for historic 50th anniversary season.
Primary school students grow and supply micro herbs to local gastro pubs.
A bushfood grower highlights native foods and the diverse heritage of Indigenous Australians.
A helicopter-style drone is being used in the war against mites that suck the goodness out crops.
How much do you know about farro, freekeh or spelt or the more traditional wholegrains? Take the quiz.
A drug and alcohol rehabilitation program in NSW has entered the blueberry industry to raise money and train its clients.More - ABC Rural
What are the ethical considerations around the use of performance improving technologies in sports?More - Religion and Ethics
It's tricky when those with a voice assume to speak for the disempowered and the unrepresented - even in fiction.More - AWAYE!
A UK man says he is 'very proud' to have broken a 91-year-old record for the world's heaviest red cabbage.More - ABC News


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About This Activity
One day, three-game guarantee tournament for 3rd-8th grade boys & girls teams, offering both 'A' & 'B' Levels. Individual Awards, Multiple Team & Multiple Tournament Discounts Available. All modern, Willowbrook High School, six court facility. Professional tournament staff, flexible on-line scheduling, live on-line scores. Reasonable admission fees. Registration Fee $195.00. OR you can choose to play both Saturday, April 20 & Sunday, April 21, and get six games for a registration fee of $325.00.
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You know: Shepard Fairey, who took time out from cosplaying a graphic artist for Minitruth and plagiarizing everything that moved to trace out the iconic image of our new President.
Oh, well, it's America, so it's not like we really know what to do with irony, anyway. Might as well just shoot in the head and leave it dead in a ditch somewhere; seems more honest, really. Anyway, the AP finally noticed that they got ripped off. Amusingly, they did not see this as merely the logical extension of their already-quite-obvious policy for 2008 (i.e., getting Barack Obama elected any which way that they could that didn't involve actual weapons), and thus a humorous quirk of the election. We just shot irony, remember? There was a loud explosion and everything.
The image, Fairey has acknowledged, is based on an Associated Press photograph, taken in April 2006 by Manny Garcia on assignment for the AP at the National Press Club in Washington.
The AP says it owns the copyright, and wants credit and compensation. Fairey disagrees.
"The Associated Press has determined that the photograph used in the poster is an AP photo and that its use required permission," the AP's director of media relations, Paul Colford, said in a statement.
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Mr. Fairey is claiming "fair use," which is a defense whose effectiveness I am absolutely indifferent to, just as long as it's not good enough to keep this puppy from going to trial. Personally, I'm hoping for recriminations, lawsuits, counter-suits, class-actions, demonstrations, a round of blackshirt anarchist rioting, and maybe a limited nuclear exchange. I can't say that I care who wins, either. Actually, I do care: "nobody" counts, right?
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PS: By the way, the Obama campaign itself sold some of the pirated material. Hope they're planning to give the AP its cut...
PPS: I add this link to the Best of Norman Rockwell solely as an exercise in applied sadism to any devotee of Fairey's that might wander on in. Hey. You never know.
Crossposted at Moe Lane.


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