COLEGATE D. OWINGS' CASE. 383

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, (z) In
cases of this sort, the evidence of medical men is, in general,
produced; and, in proportion to the great improvements in that
branch of science, such evidence is now more than ever to be
relied upon, (a) I therefore deem it a sufficient answer to this
argument, derived from considerations of public policy, to deny
the truth of the fact upon which it is based; and to rely upon
the circumstance, that if there ever had been any such foundation
for it, we should not, at this day, be at a loss to find any clear
evidence of those facts in any foreign code, or in the innumer-

the medical inquirer will not have much difficulty in detecting such impostors;
although there are cases 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 particular 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 nind. It is, moreover, very difficult to imitate the habits of a lunatic
for any length of time, and to forego sleep. An insane person generally sleeps but
little, and talks much during the night; but the pretender, if he thinks he is not
watched, will sleep, and only act his part when he believes his conduct to be
observed."—1 Far. & Fonb. 335,859; 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; Rush on the Mind, 18, 216; 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 skilful in detecting recruits in their attempts to escape
from service in the army or navy by feigned diseases. But in all ages, under arbi-
trary or corrupt governments, it has been common to endeavour 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. Lilt. 127; 2 Diver. Pur. 21. But no instance if
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 obligation
of his contract.

(z) Attorney General v. Parnther, 3 Bro. C. C. 441.—(a) Sherwood t?. Sanderson,
1» Ves. 286; 1 Pan. & Fonb. 315; Shelf. Lun. 70.