The Columbian fountain., 1846-10-26
MORE MURDER!


the horrible murder committed al Lancaster,
Penn, by man named Hagerty, upon the
persons Of Mr.. Fordney, his wife and child |
Mr.. Fordney is represented as an aged, peace
able and worthy man, and gave the murderer no
provocaton whatever. II seems that Hagerty
was laborng under an attack of mania.a potu,
that warrant for his arrest upon some
some other criminal charge, had been placed
in the hands Of an officer several days previous
to the commission Of the murder, but for some
reason was not executed. Before entering the
house of Mr.. Fordney he attempted to shoot
another person, and upon being prevented,
turned and shot his own horse. From state
ment, in the Lancaster papers, we learn that
the officer had been desired several times by
the magistrate, TO execute the writ in his pos
session, but refused to do so. in the vain and
criminal hope that Hagerly would reform
The sum and substance of the whole affair is
simply this, "Hagerty is habitual drunkard,"
was laboring under madness occasioned by
rum, and in this condition perpetrated the cru
el act. Now, the question arises. and it de-
mands solution in the bosom Of every intelli-
gent and accountable minds this man guilty
of MURDER? A murder has been committed; /;
the fatal weapon-bathed in blood, has been
found in the hand Of the man charged with
the crime. But il is admitted that Hagerty
was deranged-he was insane-po positively
mad-under such circumstances is he morally
or legally amenable for the offence2 An in
dividual, "non compos mentis". is adjudged
by the law to be unable TO perpetrate an of
fence, or at least cannot be punished. Being
void of reason he is not subjected 10 penalties
for the violation of the law. which is said TO be
the perfection Of reason Was Hagerty in his
right mind was he in the full possession and
command of all his faculties if not-and we
are assured he was not, in what then is he
guilty? To come back to the principle of the
law, in relation TO insane persons, which is
simply an inability to distinguish between right
and wrong. We find Hagerty in this condi-
tion-nay worse-he was raving maniac,
and yet will this plea avail him in his trial be-
fore his counlry2 Strange 10 say, il will not
He will then be regarded as a voluntary mani
ac, and be held legally responsible for any acl
committed while laboring under insanity pro-
duced by his own free will and consent. Such
is the decision Of our courts in all cases, in re-
lation to punishment for crime committed un-
der the influence Of in,emperancs in ardent
spirit; and yet strange to say. in other cases.
where crime has been committed under the
influence Of sudden gush Of passion. this
voluntary insanity is permitted TO 60 in extern
uation of the crime. The seducer is shot down
in the street.-the whom he had injured follow
ed him from day 10 day, and from place TO
place, and deliberately takes his life as soon a.
he reaches him and in the trial for murder,
The murderer puts in his plea of temporary IN
sanity, and in many cases is acquitted. We
wish ii TO be understood that we yield to no
man in our utter, and unutterable adherence of
the hberrne, in all his shapes and guses, but
we are ala loss for some good reason for the
distinction made between two cases, in each Of
which insanity is pleaded, and this insanity
is 10 both both cases volun,aryl
But was Hagerty, voluntary uoa;oc--and
if not, who is chargeable with his INSANITY.
and its consequen, crime2 He was drunkard
and ina fitof drunkenness imbrued his hands IL
the blood Of hisfellow creatures and for this the
law says he shall die. To its solemn ga,
we bow with reverence. But how did he be-
come maniac2 Was it by single act-a
solitary criminal indulgence? BY no meansl
He was confirmed dIunkard. Day after day,
and year after year he INDUCED in the use Of
the intoxicating draughL Gradually, and i'm
perceptibly to himself, his reason tottered-his
judgement was pervaied--his conscience slum-
bered, and the first day Of returning self con-
sciousness comes to him in his dark and gloo-
my prison house. From incipient to confirmed
drunkenness, who aided and abetted him in
his downward career Of guilt and horror? The
law regards the individual who stands by and
encourages the commission Of guilt, as "parii-
ceps criminus," and adjudges such TO haye