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University Daily Kansan
Friday, Nov. 30, 1962
Andrews Case Triggers Insanity Rule Debate
Conviction of Lowell Lee Andrews for the November 1958 slaying of his family has provided a springboard from which psychiatrists and lawyers have attacked the state's doctrine of criminal insanity.
The M'Naughten Rule for determining the mental condition of an accused person was first challenged in Leavenworth County District Court by Dr. Joseph Satten, director of the division of law and psychiatry at the Menninger Foundation.
THE PSYCHIATRIST testified on behalf of the condemned KU sophomore, who was seeking a new trial in a bid to avoid the hangman.
In most states the test of criminal responsibility is based on the M-Naughten Rule, formulated in England in 1843. The rule states that in order to establish a defense of insanity it must be shown that the accused was suffering a defect of reason from a mental disease so that he knew neither the nature and quality of the act he was doing nor that it was wrong.
Dr. Satten testified that the rule requires a "black or white" answer concerning an accused person's sanity when most cases consist of various shades of grey. He argued that the rule placed emphasis on only one element of mental illness—the concept of knowing.
"The rule poses specific difficulties to myself and other psychiatrists in
Pope Improving; Worry Continues In Vatican Circles
VATICAN CITY —(UPI)— Pope John XXIII's health is "definitely but slowly improving" although he apparently tired himself yesterday by getting out of bed for several hours, high Vatican sources said today.
The sources said the 81-year-old Pope, who is suffering from anemia and a stomach disorder, spent "a rather good night."
"However, he apparently tired himself yesterday when he got out of bed for three hours without doctors' orders," they said. "Today, he is confined to bed and did not watch television.
"HIS HOLINESS is expected to remain in bed all day. His condition is definitely but slowly improving."
The Pope had been expected to watch the closed-circuit telecast of today's Ecumenical Council in session in St. Peter's Basilica.
Dr. Antonio Gasbarrini, the 80-year-old papal physician, spent a half hour at the Pope's bedside today. He was accompanied by Dr. Pictro Mazzoni, who substitutes for Gasbarrini when he is out of town.
Vatican sources said the doctors reported the Pope is "reacting well" to the medicines they are administering. They said he had a cup of tea with milk early today and some soup and meat at mid-morning.
VATICAN CIRCLES, normally hesitant to discuss a pontiff's health, indicated worry over the possibility that the Pope's gastric trouble—believed to be an ulcer—and anemia might develop complications.
Medical circles pointed out that any illness may be serious for a man in his 82nd year.
There still was speculation that the Pope eventually may have to undergo surgery, either for the reported ulcer or for a prostate condition which is said to have been troubling him for some time.
The Vatican has denied all reports of impending surgery, but Dr. Pietro Valdomi, Italy's leading surgeon, was among the medical men who visited the Pope yesterday.
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criminal cases," Dr. Satten charged. The witness, one of the examining psychiatrists, testified that Andrews was suffering a "schizophrenic reaction" in which his mind was distorted in the way he visualized the world.
criminal cases." Dr. Satten charged.
BOOK NOOK 1021 Mass.
"The killing of his parents and sister was a product of the disease, and an outgrowth of his perverted feelings and thinking. It probably would not have occurred otherwise," Satten continued.
Nevertheless, the Wyandotte County jury was convinced Andrews knew the difference between right and wrong and returned a verdict of guilty.
James Ahrens and Richard C. Allen, attorneys for Andrews, argued in the Leavenworth court that in the light of new advances in psychiatry the M'Naughten Rule is inadequate. They maintained that many patients in the state's mental hospitals can distinguish right from wrong.
The District of Columbia in 1954 rejected the right-wrong test as obsolete. In its place the Durham Rule was adopted which says, in essence, that an accused person is not criminally responsible if his unlawful act was the product of a mental disease or defect. This rule, authorities note, gives the psychiatrist freedom to speak in a psychiatric frame of reference rather than a legal one.
Morgan Scholar To Teach 'Beowulf
A noted scholar of early English literature will be the Rose Morgan visiting professor for the 1963 spring semester.
He is Prof. C. L. Wrenn, since 1946 the Rawlinson and Bosworth Professor of Anglo-Saxon at Oxford University in England.
The Rose Morgan chair, filled by a distinguished scholar from abroad, was created through a bequest to KU of her home adjoining the campus by the late Rose Morgan, emerita professor of English. It provides a rent free residence for the visiting scholar and his family.
At KU Professor Wrenn will teach "Beowulf," a graduate seminar in middle English textual criticism, and an undergraduate honors seminar.
Chinese Begin Early Pull-Out
NEW DELHI — (UPI) — Communist Chinese troops appeared to be pulling out of some areas along the Indian border today hours before their scheduled withdrawal.
But sources close to Prime Minister Jawaharlal Nehru's office cautioned that it was still too early to tell if the movement out of the North East Frontier Agency (NAFA) region was only a token move or the real thing.
Information from government sources confirmed earlier military reports that fewer and fewer Red Chinese troops were visible in front of the Indian positions.
Even as these developments occurred, India asked Red China for still another "clarification" of its withdrawal plans scheduled to go into effect at 9:30 p.m. (11 a.m. EST).
"A fresh note seeking more precise information was handed to the Chinese charge d'affaires this afternoon," a foreign ministry spokesman said.
In another development, the defense ministry confirmed that Lt. Gen. S. H. F. J. Manekshaw has been named commander of India's NEFA and Eastern forces. He replaces Lt. Gen. B. M. Kaul, named by Nehru and ousted Defense Minister V. K. Krishna Menon in October to clear the invading Chinese forces out of the NEFA.
The new move came in the wake of Anglo-American efforts to persuade India and Pakistan to try to patch up their bitter traditional quarrels, including rival claims to Kashmir, so that they could combine to present a solid defense of the entire Indian-Pakistan subcontinent against the common enemy of Communist aggression.
Same Crime, New Fine
BUFFALO, N. Y. — (UPI) —Don't believe it when they tell you inflation has sent all prices soaring. The police department reports at least one version of traffic tickets is $3 cheaper now than 86 years ago.
The original Board of Trustees of Erie County passed in 1876 as one of its first acts an ordinance warning drivers that the fine for parking a "horse, team, vehicle or conveyance" on the circular carriageway in front of county hall "is $5 for each and every offense."
The traffic tag for the same offense today costs $2.
Senior Party! SATURDAY, DEC.1
at ELDRIDGE HOTEL BOTH BALLROOMS
Popcorn, Peanuts, etc. FREE
Cokes, 7-Up Dry Soda Will Be Available
SWING BAND FROM 9-12
Dress Will Be School Clothes
FREE WITH YOUR SENIOR I.D.
$1 WITHOUT I.D.
FRIDAY FLICKS
Shows at 7 and 9:30
FRASER THEATER
35c admission — tickets for both shows on sale at Union Friday until 6 p.m. and then at the door.
Read and Use Kansan Classifieds
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FLATS! ALL KINDS
★ School flats
$\star$ Pointy toes or stacks for that Christmas dress
★ Moccasins and loafers
★ Bunny slippers and gift flats
$2.87 and $3.87
Open Daily, 9 to 9 Sunday Noon to 5