Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1871-06-17


murder Of colored girl, aged about Il years
named Martha French ON the 4th Of last july
was finally concluded last hight about half past
nine clock: when the jury returned verdict
of murder in the second degree. and affixed tie
prisoner confinement in the Ientcntlarya IIEc
years the lowest period allowed by law II That
degree of crime. This cas-, has atra"lh'l '"A'l1
cradle attention here and elsewhere, i. li''"ti
Ing some ncw and interesting T4cstnnS ii rriA''
nal law The effect OF drunkenness. rs affecting
responsibility for crime, having been raised IN
the case. has for the first time been decided III
this State, and the decision will be Of great
value to the profession as precedent. men
the case was first tried last December; B3s-
wells counsel contended that he was not guilty
of murder in the first degree las WAS then
claimed BY the Commonwealth because at the
time he committed the crime with which ne
was charged, he was so under the influence OF
intoxicating liquors as to be incapable OF form
ing wilfuI, deliberate and premedltated pulr-
pose which all must concur in order to convict
of murder in the first degree. The Jury, lolll't
Boswell guilty Of murder in the second degree,
and sentenced him to the penitentiary for eleven
years The Court OF Appeals to which the case
was taken, reviewed the whole doctrine OF
drunkenness rs affecting crime They sustain
cd the view OF the counsel lnrthe prisoner that
drunkenness Is 4 proper subject to be taken
into consideration in determining whether the
man is guilty of murder in the first degree. the
requisite Of which being witulness. delibertion
and reconciliation. The court laid down the
doctrine that voluntary drunkenness was no
excuse for crime even il insanity be produced.
if the insanity be the immediate result Of the
use of liquor. If. however, the insanity be re-
motely the result OF the use Of Intoxicating
liquors, then il is an excuse for crime. In the
present trial under the ruling Of Judge Lowe,
that the prisoner having been acquitted of MUIR
der in the first degree could not be again tried
for the same crime: the counsel for the priso-
ncr contended, lst, that Boswell was not guilty
of murder in the 2nd degree, because of the
absence Of malice express or implied. the lack
of former acquaintance, and Of motive and the
nature of the weapon used doing away with the
idea of malace md, that he was not guilty of
manslaughter because he was insane when he
committed the act. the insanity having been
remotely caused by the use Of intoxicating
liquors These views were presented in clabor-
ate, impressive and excellent arguments by the
counsel for the prisoner Messrs Brent 4 Wat
ties, I. L. Smith, jr., and S. c. Neae, and re-
sisted with his usual ability by the Common
wealth's Attorney, Capt D. i. Smoot. The
prisoner counsel had excepted to some OF the
rulings of the court during the trial, intending
to again take the case to the Court of Appeals.
but after the rendition Of the verdict they
waivcred their exception. Before sentencing
Boswell, Judge Lowe asked him if he had any
thing to say, and he replied that he was CRATE
full to his counsel for what they had done tor
him: that he had 10 intention to Kill the grl.
and that he was satisfied with the verdict.
Judge Lowe ina feH very appropriate remarks
then sentenced him to the pententlary for tive
years Owing to the strong and influential
prejudice existing against Boswell here 1t was
found necessary to send to Elchmond Tor Jury,
and more intelligent and respectable one we
have never seen, and what Is very remarkable
their verdict appears to have satisfied both sides
In Justice to the prisoner counsel it should be
remembered that they rendered their services
withont fec or reward. and were solely actuated
Dv sympathy for him. Thus ends the Boswell
case, and We venture to express the hope that
when he leaves the penitcntiary he Will he a
better and wiser man.
DrAruS,-A telegram from Woodstock,
Shenandoah county. announces the death or
Mr. }. II. Davis, the depot agent At that place
Hc died this morning alter Ill illness q! S?'l''
weeks. Mr. DAVIS was 4 native "l inns Guy
and the SON "l the la'" ''o"''n H. i''','' I't
Mr.. James buchanan: henhH" Vi '.ie '"t'
PRESIDENT died yesterday evening at his resi-
dencc, near Guilorl station ". 4 o. K. r.,
or,. .r ;llnoss II somc weeks duration. His
r,,n,;ns will he taken tn PENNSYLVANIA this even
;ro g,. ;rtormcur
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lEr! st, IRE u '''e '"'" :, o",''U = 49, 49,.
. ,''''''' ~ '''n NV :,l 49, 49,,
',',' ,,;..,,. Ao.tro,o1 u;,L ,vo 6no
l. ..,,,, ANA 80 &C.,, hood ~ hov..s
e,,,;Iv ,,m;.no III his harness and farming
,,otor;a}. boclcs , large stock Of hay and
grain. The loss Is estimated 1T so''"o' WIN
IN insurance Oh the barn Of only $ 2''i'.