The Massachusetts spy, and Worcester County advertiser. [volume] ([Worcester, Mass.]) 1825-1831, 1829-09-23


deceased, named Clark, was second mate
of the vessel, and was stabbed by the pris-
oner, with knife, in the breast. 1t was
} proved by the testimony of Mr.. Coffin, first
mate of the John Jay, that Capt. Drew had
) been for long time in the habit of intoxi-
cation, until he (the mate) had stove the
barrels containing all the rum on board.
For some weeks, after this he was well,
until he spoke ship from which he obtain
ed key of. rum. This he placed in his
state room, and kept himself in state of
intoxication for several days. He then
called the cabin boy, and ordered him to
pour out a mug full, and throw the key
overheard, which was done, and the captain
took the mug and drank the most of it's
contents and threw the remainder on the
floor. He was entirely stupid through the
night, but was pretty we'll the next day.
The third day he showed symptoms, which
were clearly described by the mate, and
by seaman named Galway, and which
we're most clearly characteristic of delirium
tremens. He was in this state on the morn
ing of the fonrth day after the rum was
thrown overheard, when as the second
mate, Clark, and other officers went into
the cabin to breakfast, he stabbed Clark
in the breast with knife. He lived sew
enteen days, and died suddenly. Drew
was put into irons by the mate, who took
the ship into Valparaiso, where he deliver
| ed it, and the prisoner, up to the U. S Con-
sui. The Judge said that he considered
| the law to be clear, that where there was
insanity which was not the immediate re-
suit of fit of Intoxication, the individual
could not be held responsible to human
tribunal, however improper the conduct by
which that insanity was produced. After
little discussion by the counsel on both
sides, they acquiesced in this decision with
out argument, and the court directed the
ii jury to find a verdict of acquittal, which
they did without leaving the box. The
Judge then gave the prisoner a very SOL
emn admonition on the effects of intemper-
ance, reminding him that although not
held responsible by law to a human tribu-
nal, he would be TO one infinitely higher,
| at the last day, and ordered him to be
discharged"
| 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
| Western Courier (of 24th July last as
condensed from report of the case by DIR.
Drake.
at appeared on trial that the defendant,
on the 5th of March last, in fit of mania q
pota,* or delirum from intemperance, muir
dered his wife by cutting off her head,
with an axe, at single blow.
The facts were incontrovertibly proved.
The defence relied upon was, insanity
caused by intemperance.
1t appeared that the defendant for sever
al 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
paroxysms he had the physical and moral
symptoms that usually characterize that
malady. In them he frequently imagined
himself surrounded by snakes, or armed
men who sought to kill him-or that he
heard strange sounds, as Of trumpets, or
vocal music, or conversation of which he
was the subject and the object of which
was mischief to himself.
He was thus filled with apprehension for
| his safety, and sometimes ran about the
village at night as if to escape from some
person who was pursuing hm-sometimes
would conceal himself-sometime point
his gun out of the window, as if in self
defence-sometimes describe circle, de-
claring that who ever entered would kill
him. But his prevailing conception was,
that his wife had entered into conspiracy
with three of his neighbors, to take his life.
On Sunday preceding the murder he
drank freely and became intoxicated, in
which condition he remained dull and
stupid until Wednesday evening, when he
complained of being unwell. During the
night he slept none, and complained of
cramp in his stomach. The next morning
his family thought him crazy. In the
course of the day he took an axe, and went
to the house of neighbor, whom he de-
sired to go home with him, saying they
wanted to kill him.
He spent the day at home apparently in
agitation and terror, 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 re-
turned and said he had cut them to pieces,
and brought down the fragments; though
he had nothing in his hands. In the even
ing as his wife came from milking he fast
ened the door. She was seated near the
fire. and he walking the room. At length
he took the axe from under the bed, and
suddenly 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 a chair
until 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 neighbors arrived he
gave himself up, acknowledged what he
\ had done, said he should be hung for it, but