Lancaster gazette. [volume] (Lancaster, Mass.) 1828-1830, 1829-09-15

took the ship into Valparalso, WHERE nc ue-
livered it, and the prisoner, up to the U. 5.
Consul. After Coffin and Galway had gone
through with their testimony, the Judge
asked the District Attorney if he expected
to change the aspect Of the facts by any new
evidence, and being answered In the mega
tive. he said that he considered the law to
be clear. that where there was insanity
which was not the immediate result of MT
of intoxication. the individual could not be
held responsible to human tribunal, howev-
er improper the conduct by which that in
SANITY was produced After little discus
sion bv the counsel on both sides, they &C
souiesced in this decision without argument,
and the court directed the jury to find a
verdict of acquittal, which they did without
leaving the box. The Judge then gave the
prisoner very solemn admonition on the eff
fects of intemperance, reminding him that
although not held responsible by law to
human tribunal, he would be to one infinite
Nv higher. at the last day, and ordered him
to be discharged. The defence of the pris-
oner was conducted by Solicitor General
Davis, and Mr.. Bassett."
The second case is that Of John Birdsell,
tried for murder at a late term of the Su-
preme Court of Hamilton county, Ohio. We
give the account of the case from the West
ern Courier (of oath July LAST as condensed
from report of the case by DR.. Lake.
SIT appeared on trial that the defendant,
on the stu of March last, in fit OF mama a
potu,* or delirium from intemperance, muir
dered his wife by cutting off her head, with
an axe, at single blow. -
The facts were incontrovertibly owed.
The defence relied upon was, insanity caus-
ed by intemperance.
1t appeared that the defendant for several
years had been subject to occasional fits of
intoxication, which in the latter part of the
time had been followed by insanity, and
then went off spontaneously. In these par
.oxysms he had the physical and moral symp-
toms that usually characterize that malady.
In them he frequently imagined himself sur
rounded by snakes, or armed men who
sought to kill him-or that he heard strange
sounds, as of trumpets, or vocal musick, or
conversation of which he was the subject,
and the object Of which was mischief to HIM
self.
He was thus filled with apprehension for
his safety, and sometimes ran about the vii
lage, at night as if to escape from some one
pursuing him-sometimes would conceal
himself-sometimes point his gun out of
the window, as if in self defence-sometimes
describe circle, declaring that whoever
entered it would kill him. But his prevail
ing conception was, that his wife had enter
ed into conspiracy with three of his neigh
bours, to take his life. Of these men, when
they were not in his presence, he was afraid,
and accused his wife (unfoundedly) of init
macy with them.
On the Sunday preceding the murder he
drank freely and became intoxicated, in
which condition he remained dull and stu
Did until Wednesday evening, when he
complained of being unwell. During the
night he slept none, and complained ofcramp
in his stomach. The next morning his fam
lily thought him crazy. In the course of the
day he took an axe, and went to the house
4ofa neighbour, whom he desired to go home
with him, saying they wanted to kill him.
He spent the day at home apparently in
agitation and terrour, but said he would not
hurt any one, and did not wish to be hurt.
In addition to the axe he placed scythe
under the bed. He manifested great jeal-
ousy of his wife, told her to act better, as
she had already caused the death of 10000
men. He fancied the persons, of whom he
was Jealous, were in the loft manufacturing
ropes to hang him, and going up, he return
ed and said he had cut them to pieces, and
brought down the fragments; though he
: had nothing in his hands. In the evening
as his wife came from milking, he fastened
the door. She was seated near the fire,
and he walking the room. At length he
took, the axe from under the bed, and sud-
denly gave the fatal blow. His oldest
daughter caught hold of the instrument,
which he yielded up, and then seized the
scythe, with which he attempted to strike
her-she defended herself with chair I'M
til the children had unfastened the door,
when she escaped. He then took up his
youngest child, and sat down by the win
dow. When the neighbours arrived he gave
himself up, acknowledged what be had done,
said he should be hung for it, but that he
ought to have done it nine months sooner
that if he had it to do over he would strike
two blows where he had one. He evinced
no fear of the punishment, but great dread
of the persons who, he believed, intended to
kill him. Soon after he was committed to
Jail, he became regular, and expressed much
regret at what he had done.
The prisoners counsel commended that in
sanity arising from intemperance ought
not to be COMPOUNDED with the delirum ola
> fit of intoxication, but associated with insan-
ity arising from other causes, and was an
excuse for any crime. They admitted that
drunkenness was no excuse for crime, but
when it gives birth to insanity, the .maniack
should experience all the immunities of
non compos from other causes.
To which it was answered that the de-
PENDANT kne,C that intoxication was produc-
tive of delirium, and hence that he poIuntu-
yily did what he knew would derange his in
tellect--that mania a portu, being natural
effect of intemperance, could not be offered
as an excuse for crime-that the law does
not recognize in the drunkard physical
necessity to drink and therefore holds him
accountable for his actions when intoxica-
ted, and of course in the delirium which fol-
lows intoxication.
The Court submitted the facts to the Ju-