Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-09-10

tai blow. His Oldest oaugh'rr caueh' hPia W
The instrument, which he yielded up, and seized
the sey,he, with which he attempted 10 stike
her-she defended herself with. chair Until
the children had unfastened The door, when
she escaped. He then took up his Youngest
child and sa, down by the window. When the
neiehbors arrived he gave himself up. acknow-
lodged what he had DONE, said he should be
hung for il. but tina, he ough, to have done II
nine months sooner-That If he had it 10 do
over ne would strike TWO blows where he had
one. He ~yinced 10 fear OF the punishment,
bu, great dread Of the persons who he believed
intended 10 kill him Soon after he was COM
milted 10 Jail, he became regular, and express
sed much regret a, what he had done.
The prisoners counsel coutended that insan'
ily arising from iniemperaDce, ought not tn De
; oonfoupdcd with the deli-ium Of Fit OF intox,
lea lon, but associated with insanity arising
from other causes, aud was an excuse Tor any
crime. They admitted that drunkenness WAS no
excuse for crime, but when it gives birth 70 tn
! saniiy, The maniac should experience all the
imnuni,ies Of non compos from o'her causes.
To which it was answered that the defen.
dan. kney that int0Xicatioh was productive OF
deIirium, and hence that he voluntarily did what
he kne,o would derange his inuleot-tha ma
ma polu, being natural effect OF in'emper-
ance could no, be nh,red as an excuse tor
crime-ihat the law does not recognize IN the
drunkard physical necessity TO drink; and there
fore holds him accoun, able Tor his ae'ions wnen
intoxicated, and Of course in The deirium
which follows iutoxicasion.
The Court submitted the facts 10 the Jury
without char ging them on the Law as a2plica'
BILE 10 mania a potu 1 he Jury returned a YER
dict of murder m The first degree.
A motion for new ,Iial WAS afterwards
made, but the Cour; refused to interirrferc with
the verdict"
u will be perceived that there is a strong
similarity, or rather, we might say an exact
hkepr SIS, in the main features of he Two cases;
such a likeness would seem 10 demand like de-
cisious. While we would not undertake 10
| pronounce on the decision of so eminent Ju-
| risr as Judge Story, and the reasoning OF 20
eminent medical practitioner as Dr. Drsse,
as being erroneous, there are difficulties attend
ing the principle sci forth BY them, which APP.
pear Of no ,rfl,ng magnitude. The very Fre-
queni occurrence Of cases OF murder, by per-
sons who have been addicted 30 Incorporate
habits, makes i. u subject for serious aud De.
libcra,e inquiry; and much is depending On a
proper seulrmen, IF the principle upon whi'''
decisions should be made in such cases On
The one hand innocen; blood ought not TO be
cond mn, d.; on the other, gully blood ough'
not 10 be unpublished We earnestly hope me
subject will undergo thorough investigation,
b. some OF our pr fessonal readers, Of he benc h
aud bar and of the medical practice; and wish
with one of cur estermed correspondents, rha,
they would settle The laws Of the land, so that
we, poor wpler drinkers, may know, precisely,
how long man having The delirium remens,
must wait, after he has drank himself iuto ,ha,
situation, before he may murder US with i'm
puniiy."