Goethe, Johann W. von., in his novel “The Sorrows of Werter,” exalts suicide, as the end of one’s existence. The suicide of a young man named Jerusalem suggested to the author the composition of this work, which has been definitely the cause of suicides, among whom was Fraulein von Lassberg, who drowned herself. The author himself attempted the act.
Foscolo, Ugo, d. 1827, the Italian poet, imitated Goethe’s “Werter” in his “Ultime lettre di Jacopo Ortis,” and in a similar strain discourses on the unpleasantness of life, and the advantages of ending it when desirable.
Beccaria, C. Bonesana, in his “Crimes and Punishments,” written in Italian, but which has been translated into almost all European languages, decides in these words; “Suicide is a crime which seems not to admit of punishment, for it cannot be inflicted but on the innocent, when it would be unjust, or upon an insensible body, when it would have no more effect than scourging a statue. Its only punishment is after death; it is in the hands of God alone; but it is no crime with regard to man.” See Chapter XXXII.
Morselli, Enrico. “Il Suicidio.” Of this great statistical work, and the opinions expressed therein, Legoyt, A., in his treatise, remarks, “he maintains a certain tolerance of Suicide, and is well content to look on it as a natural fact, governed by a law of human nature, precisely similar to the laws of Marriages, Births, and Deaths.” See “Le Suicide,” 1881, p. 98.
[CHAPTER V.]
CRIMINAL JURISPRUDENCE.
By English law Suicide is of the Felony of Murder, inasmuch as it is the murder of one of the subjects of the sovereign: it is a murder committed by a man on himself. There is authority for saying that there is no such offence as self-manslaughter. Regina v. Burgess, Leigh and Cave, 258. It is suicide, or “felo-de-se,” not only to kill oneself with deliberation, when in right mind, and of years of discretion, but also to kill oneself accidentally when performing a felonious act; such as attempting to kill another. But if a man is killed at his express desire by another, it is not suicide, because in law the request is illegal and void, though the latter is a murderer. Yet if one persuade another to kill himself, and he does so, it is suicide, and also murder in the adviser: see R. v. Dyson.
So also if two persons agree to commit suicide together, and one succeed and one fail, the survivor is guilty of murder, for aiding and abetting a suicide. See R. v. Russell, and R. v. Alison.
To constitute felo-de-se, the deceased must die within a year and a day of his self-inflicted injury, and must have been in his right mind, yet in the interval he cannot in law purge his offence by repentance. See 1 Hale, P.C., 412. Persons obviously insane frequently kill themselves, yet it cannot be denied that persons are frequently found self-slain, who have never shown any sign of mental derangement.
To avoid a verdict of felo-de-se, it should be shown by the evidence that the deceased had not arrived at years of discretion, or else was suffering from unsoundness of mind; in the adult the consent of the will to a self-inflicted action should not be denied until disproved.