Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-09-10
Rromtke Journal Of Humanity
uJDICIAI. DECISIONS.

,,,pnt which sometimes occurs aiter excessive
drunkenness They are oil no common in'e'
re- st. as touching the question how tar an midi
vidusI can be held responsible for deeds COM
mi,ted in state of insanity which Is mol the
immediate resul, of fiji OF in,o1icslion.
The first case is that OF Alexander Drew'
tried ON an indicimen. Of murder, before The
Circuit, coart oflhe United States, held IN bos-
tor, by Judges Story and Davis, June, 1925
The following is the substance OF me case as
given in The Boston Daily ADVERTISER, OF June
10, 1928:
." The homicide for which this Indictment
was brought was Committed on board The whale
ship John Jay. of Nantucket. OF which Drew
was master, off the coss. Of Peru, Oh the Isl OF
September last. The deceased, named clark,
was second mate of the vessel, and was stabbed
by the prisoner, With a knife 10 the breast. IL
was proved by the testimony Of MIR. :" Hin, hrst
mate of the JOHN Jay, that Capt. Drew mad
been for long time in habit OF into1ication
until he (the ma,c) had stove the barrels con-
,aiuiag all the rum OIL board. For some weeks
afer this he was well, until he spoke snip,
from which he obtained . key ut runs / ms
he placed in his state room, and he KEPT num-
self in a stale Of in'oxicaiIon Tor several days
IT, ih,n called the Cabin boy, and ordered nm
10 pour out mug foil, and throw me keg over
boatd, nich was done; AnC The captain LOOK
The mug aud drank most of It's contents, ana
III ew the remainder on the l"cI. tie wa, ems
tirely stupid through the night, bnt was pretty
we'll The next day. The third day he showed
S, mptoms, which were very clearly described
by The msie, ard by seaman named l'aiway
and which we're must clearly characteristic oil
deirium remtns lie was in tins saIe on The
r J.y AZ, In I'M IN " az
thrown overheard, when, as the second mate
Clark and other officers, went into the CABIN
TO breakfast, We sabbed Clark in the bre asst with
a knife. He lived seventeen days, and died
suddenly. Drew was put into irons by The
mate, who took Inc ship into Valparaiso, where
he delivered it, and he prisoner, up 20 the
S. Consul. After Coffin aad Gslway bad gone
thu ough with their t. stimosy, The Judge asked
the District Attorney if he expected 10 change
the aspect Of the facts by any new evidence,
and being answered in the negative, lie said thai
he considered the law TO be clear, that where
there was insanity which was not the Imme-
diate result of fit OF intoxication, the lndiv
dual could no, he held responsible 10 human
tribunal, however improper the conduct by
which tina, insanity was produced. Alter H.
IL, discussion ny h" counsel on both Sides they
acouiesced in his decision without argument,
end The court directed the Jury 10 find ver-
dict Of acqnitta', which they did without lsaV-
ing the box. The Judge then gave 'he prison.
er very solemn admonitlon on he effects Of
inlemperancr, reminding hin thai, although
not held re spor>ible by iaw TO human tribu :
| raj, lie would be 10 one Infinitely higher al the
l;s DAY, and ordered hun be disc harged.-
| The defence Of the prisoner was conduc 'ed by
Soil or General Davis, and Mir. Bass,i."
! III" second case IS that Of John Birdsell,
tiled for murder at la'e term OF the Supremr
! Court Of Hamilton county, Ohio We give
! he account OF he case from the Western Cou
| rier (of Gath July las as condensed from a
rep,r, Of the by DR.. Drake.
/, appe red on trial thai The defendant, on
the 5lh of March last, in fit Of mama a poiu
! OF deiirum from incompetence, murdered his
wife by cutting off her head, with an axe. at a
single blow.
! The FAC were ,ncontrove,ibIy proved. The
defence relied upon was, insani caused by in
temperance.
IL appeared that the defendant for several
years had been subject 70 occasional fits Of in
toxic alton, which, IN thc latter part Of he ime
lad been followed oy insanity and then went
off sponr ancousy. 10 hese paroxysms lie had
the physical and moral symptoms tina, usually
oharae ,erise tina, malady. In them he frequent
" imagined himself surrounded by snakes, or
armed men wro sought to kill him-or that he
heard strange sounds, as of ,rumpets, or voca
music, or convers ton Of which he was the
subject, and the object Of which was mischief
TO himself.
He was thus filed with apprehension for his
safety, and sometime, ran abou, the village a,
night, as if to escape from some person whu
/ WA mr. "A
himself-sometimes point hi, gun out Of the
window, as IL in self defence sometimes de-
scribe circle, declaring hat whoever entered
il be would kill him. Bul his prevailing concep-
ton was, that his wife had entered into con-
spiracy with three Of his nrighboIs, TO take his
life. or these men, when hey were not in his
presence, he was afraid, ami accused his wife
(unfoundedly) Of intimacy with them.
On the Sunday preceding the murder he
drank freely and be- anne ,oxicated, in which
| condition he remained stupid until Wedne sd a