COLEGATE D. OWINGS' CASE.—1 BLAND. 359

The doubtful and uncertain point at which reason disappears,
and where incapacity becomes evident and manifest, can only be
fixed by the particular circumstances of each particular case. And
it must be admitted to be difficult to lay down, with any thing like
positive precision, any rules by which the sanity of the mind can
be tried. Insanity is, however, a fact; and like every other fact,
upon which the rights of persons or of property may depend, must
be established by proof clear, strong, and demonstrative. Attor-

''There are (say they) several objects, for the accomplishment of which,
persons are induced to simulate the existence of disease—such as, for ob-
taining military exemptions and discharges; or certain, civil disqualifica-
tions: for the purpose of deriving parochial relief, or pecuniary assistance
from benefit societies; or the comfortable shelter and retreat of an hospital;
for exciting compassion, and obtaining alms: for creating public interest and
curiosity; for procuring a release from confinement or exemption from pun-
ishment; and, lastly, for the dishonest intention of recovering unjust com-
pensation from some person selected for accusation, as the author of the
pretended calamity."

" The diseases which have been selected for the accomplishment of any of
the purposes above enumerated are extremely numerous, although there are
some few which may be said to be more generally preferred on such occa-
sions. In general, the medical inquirer will not have much, difficulty in de-
tecting such impostors; although there are eases where the investigation
becomes a subject of extreme delicacy and importance, as in those persons
reporting themselves sick and unfit for military service, or malingerers, as
they are technically called.''

''Insanity has in all ages been feigned for the accomplishment of particu-
lar objects; we read of its having been thus simulated by David, Ulysses,
and Lucius Brutus. In general, the detection of such an imposition will not
be difficult; the feigned maniac never willingly looks his examiner in the
face, and if his eyes can be fixed, the change in his countenance, on being
accused, will be strongly indicative of his real state of mind. It is, moreover,
very difficult to imitate the habits of a lunatic for any length of time, and
and to forego sleep. An insane person generally sleeps but little, and talks
much during the night; but the pretender, if lie thinks he is not watched,
will sleep, and only act his part when he believes his conduct to be ob-
served."— 1 Par. & Fonb. 335, 359; 3 Ibid, 137: 1 Hale P. C. 33, 35; 1 Hawk,
P. C. 2; 3 Inst. 6; 4 Co. 124; Coop. Med. Jur. 266, 322; Bush on the Mind, 18,
S16: 1 Sam. 21, v. 13; Con. Insa. 455; Shelf. Lun. 69.

It appears from the circumstances related by Messrs. Paris and Fonblanque,
that during the wars arising out of the French Revolution, the French and
English surgeons became exceedingly skillful in detecting recruits in their
attempts to escape from service in the army or navy by feigned diseases.
But in all ages, under arbitrary or corrupt governments, it has been com-
mon to endeavor to defeat oppression by fraud; and where that has failed,
or could not be successfully practised, there have been frequent instances,
in which the individual has voluntarily maimed and disabled himself from
being made an instrument in the hands of his oppressor.—Gibbon, D. & F.
chap. 17; Co. Litt. 127; 2 Diver. Pur. 21. But no instance is mentioned by
Messrs. Paris and Fonblanque, nor have I any where met with any allusion
to a case where a party feigned insanity as a means of evading the obliga-
tion of his contract.