Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1871-05-04
LOCAL. NEWS.

IHE BOSWELL CASE.-lne lSoulC W ny
peals in the Boswell case reversed the Judg-
ment of the Corporation Court OF this city,
because of error in the I'd and 4th Instructions
given by the Court to the jury. .1he! "a IN
structiop was that if the jury should believe
Z bevond reasonable doubt from the evidence,
that the prisoner threw the brick at the de-
ceased without provocation, and through reck-
less wickedness of heart, but that at the time
of his doing so his condition from intoxication
or other causes was such as to render him inca
pable of doing a ". lful, deliberate and premedi-
tated act, they will find the prisoner guilty of
murder in the second degree The Court of
Appeals said the words ''othcr causes ought
to have been omitted. eta person he incapa
BILE from other causes than intoxication from
doing wilfu deliberate and prcmeditacd act
he would seem to be incapable of murder in the
second degree or any other crime. To be sure
the words through reckless wickedness Of
heart, in the former part Of the instruction
imply malice; but tits difficult to see how a per
son guilty Of doing an act through reckless wick
edness Of heart, coulu, at the sumo time, be in
such condition from other causes than iutoxi-
cation as to render him incapable Of doing
wilful. deliberate and prcmcditatcd act There
is, therefore, an apparent conflict between the
different parts Of the instruction. and at all
events it was calculated to mislead the jury.
The 18th instruction given by the Court lis OBJ
iectiouabc on the ground taken By the counsel
for the accused that it assumes the fact that
the accused threw the brick at the deceased,
which ought to have been referred to the jury.
The instruction ought to have stated the fact
alphabetically thus:
That if the jury believe from the evidence
that the prisoner threw a brick at the deceased,
which caused her death, and that at the time
of SO doing, he was III such condition of drunk
enness as to render him incapable of witul,
deliberate, and prcmedtatel purpose. and that
he did not so throw it out OF any reckless wick
edness Of heart or purpose, then they will find
the prisoner guilty OF voluntary mauslaughtcr
Whether the accused threw the brick at the
deceased or not was fair question of contrO-
versy before the jury upon the evidence. He
might have thrown it ut her. or he might have
thrown it ut the ducks in the street, or he
might have thrown it at random. In either
case. he did an unlawful act likely to do mis-
cumstanceS under which ii wis done, and he
was therefore responsible ior the consequences
o. tie act as i crime. But the degree of such
crlue depended upon the intention with which
the brick was thrown. Such intention WAS
there Gore L material fact to be determined by
the Jury, and the court invaded their province
in assuming it.
SENT BACK TO HIS MOTHER The body Of
Grin Sears, second mate of the schooner Pho
neer, who with three seamcn, was drowned in
the Potomac five weeks ago while laying ont 4
cage anchor, was disinterrcd at Bluff Point land
brought to this city on the steamer Wawaset,
yesterday, by Mr. Wheatey, undertaken, who
encascd it in Il metallic coffin and forwarded it
to-day to the mother of the deceased, at IIyan-
mis-, Massachusetts The bodies Of two of the
seamen who lost their lives with Mr.. Sears were
recovered and also buried at Bluff Point, where
they now lie, but the body Of the remaining
one has never been seen since the accident.
RArs.-Between II and | to-day large rat
Jumped from the roof Of the two storled house
of Mr. William Mctzger, on Prince street, ran
across the street, and, pr~sucd by a crowd,
among which We're cdtors lawyers BARRIERS,
printers and apothecarics, continued its flight
amid shower Of stones, sticks and scissors I'M
til it reached the pavement III front of Green s
cabinet factory, where it met its doom.
\ few nights since the infant OF MIR. AlcXan-
der IIyles, who lives ON Water street, between
Wolfe and Wilkes was bitten by rats on the
forehead and on the succeeding night one Of
its toes was nearly eaten up by them.
PosrOFFICEs The following appointments
have been made VIM. j. Powell, Postmaster,
Thomton's Depot, Fairfax county, Va, vice
f. NJ. Love- declined John Franklin Iirklc,
Postmaster, Forestvillc, Shenandoah county,
Va, vice Miss Diana Frank, resigned Samuel
Henry, Postmaster at Chatterton, King George
county, vice Mrs. Elizabeth Cowan deceased.
C. T. Snow, Postmaster Wicomco Church,
Northumberland county, Va, vice j. ID. Boat
man, deceased.
SEAMEN's BETHEI-E Efforts are in progress
among several Of the christian young gentlemen
Of the city, having for their object the erection
of Seamen'S Bethel somewhere on the wharf
i'll which religious services will be conducted
regularly on Sunday evenings by the pastors
Of the different Protestant Churches. 1t is I'M
dcr,tood that Professor Scharf, the aceomp-
hshcd md popular clocutionist, will read here
for the bcl,cft of the proposed undertaking.
PERsoNAL,-Coloncl J. \, Del4agncl, the
recent announcement Of whose recovery from
dangerous attack, of typhoid fever, was received
with much pleasure by his numerous friends in
this city, was formerly captain in the U. S.
army. In the Confederate States service he