356
The Green Bag
Ellis, however, has summed up the matter as accurately as is consistent with the brevity used, when he says, "Pain acts as a sexual stimulant because it is the most powerful of all methods for arousing emotion." With this view before us it is not so difficult for us to understand the conduct of the complain ants in cases similar to the one in Indiana not long ago where three men were indicted for rape. Two were tried and convicted. The third, who, accord ing to the girl's story, was the principal and the most brutal of the three, escaped trial and punishment because the girl married him. An isolated case considered by itself would certainly be difficult for us to solve, but when we realized that it is not a rare thing for the complainants in rape cases to marry the accused we readily conclude that there must be some general principle governing their con duct. The laws of many countries have recognized the existence of this principle, although it was not understood. It used to be the practice in the Isle of Man when a man ravished a maid for the judge to give her a sword, a rope, and a ring. She had her choice to behead, hang, or marry him, and she not infrequently did the latter. How many complainants in rape cases would like to do the same
thing if it were not for the scorn of rela tives and society will never be known, but almost every lawyer thinks that he knows of such instances. A storm of objections will probably be raised against the use of defenses of this character in criminal cases on the ground that our criminal practice does not take into consideration the existence of such abnormal conditions, and that no means have therefore been provided for the proper handling of those shown to be so affected. In reply it may be said that while the services of experts will be necessary to establish defenses of this kind, that when properly presented they are available under our practice. The mere fact that the law provides no proper method of dealing with these unfortunates — for it is the height of barbarism to incarcerate them — is not the fault of the accused. Science has discovered a certain and speedy remedy for these abnormal conditions, and as soon as their importance as a cause of crime becomes better under stood society will see that the law com prehends them.1 1 For a very full discussion of this and the re lated subjects the reader is referred to Thoinot's excellent work on "Medico-legal Aspects of Moral Offenses" (1911) reviewed in 12 Columbia Law Review 473 (May 1912).—Ed.
Moundsville, W. Va.
Two Great Maryland Lawyers THE late Thomas J. Morris, for thirty-three years Judge of the United States District Court at Balti more, who died June 6, was so highly esteemed for his eminent ability and dignity of character that his demise called forth innumerable tributes to his
memory expressing the high regard of his professional associates. Hon. Charles J. Bonaparte declared that the federal bench had lost one of its most distin guished, most worthy, and most faithful members, and that his life was "among the most useful and most honorable
