The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1877-06-02

the excuse of his own gross vice and misconduct.
10 shelter himself from the legal consequences OF
such crime. But the crime must take place and
be the immediate result OF the st Of intOxication,
and Ukife Il lasts and not 4 remote consequence
superinduced By the antecedent exhaustion Of
the party, arising from gross and hsbitual
drunkenness"
This has been followed by nearly all the prin-
cipal States Of the Union, and IN this Kingdom
in the case Of Rer. rs. J. WIKers0H, and Rr.
rs. ARdTele Canacko.
Our Statute law upon this subject il found in
Chapter :h of the Penal Code Section 3 and 4.
-" Any person who, by reason Of his idioey or
mental imoecility, is not competent 70 discern
the nature and criminality Of an act done By
him, shall not be held criminally responsible for
such act"
ANY person acting under mental derange-
ment, rendering him incompetent TO discern
the nature and criuinality of On act done By
him, shall not be subject TO punishment there
for Provided, however, that if any such per-
son, while capable Of discerning the nature
and criminalitys of any act, entertained the
intent to do the same, and subsequently, does
it in pursuance and execution Of such intent,
he shall be held responsible therefor. though
the same be done in such state of mental
arrangement; and so also if any person volun-
tarly or heedlessly induce the mental derange-
ment by intoxication or otherwise
The question, therefore, for me to consider is
whether Captain Gray struggled this opium,
while in a state of intoxication or in q condition
Of insanity or mental arrangement rendering
him incompetent to discern the nature and
criminality of this act-this state being remotely
caused by his drunkenness. We must bear in
mind that this offence of smuggling is not like
murder and many other felonies, a sudden act,
the result of a quick impulse or passion, but
it is an offence having many steps and re-
curing for its the procuring
Of the opium in san Francisco, the secreting
it ON board the vessel and the watching for a
suitable opportunity for getting 1t on shore
without the knowledge of the Customs officers.
The principal acts of Captain Gray relied upon
as showing his settled insanity, are his conduct
in promising the United States Vice Consul,
Mr.. Hascall, to bring his late mate to Ethe
Consulate and have him regularly discharged,
which promise he brokethough often reminded
of his duty his forgetting the ships stores
for the voyage down, also for linen for an extra
number Of passengers; neglecting to take the
orders to purchase goods that were desired of
him in Honolulu; his general neglect Of his
duties as a Master while at Sea, for instance,
having the mate to navigate for him, several
times ivIng out 4 wrong courseto steer while
the vessel was going on the right one
his cruelty in bea:ing his dog and then throw
ing it overheard and then ordering a boat
lowered to recover it and thus OBTAINING the
vessel two or three instances of forgetfulness
as detailed by Captain Thompson, a passen-
ger,-and more especially his appearing several
times in presence of the passengers, some of
them ladies', in a state of nudity, and bis
violent conduct and threatening to shoot
Mr.. Bagge "a passenger) and then seeming
to forget it the next day. This conduct i'm
PEELED the passengers and crew to unite in re-
questing the mate to place Captain Gray in
irons and take Charge of the vessel. This oc-
Cured two days before arriving at this port.
In the paper which the passengers signed,
they say that Captain Gray had been under
the influence of liquor ever since he left San
Francisco, was in'ulting to passengers, threat
ening to shoot then and throw them overheard.
Stress is also laid npon the open and incau-
tious manner in which the Captain oonyeFsed
about a dog-kenn, into which he had the Car
penter place . platform and cut a pigeon-hole
through its gabe and which the Captain
remarked in the hearing of several, twas a
good place to keep his opium in !" and upon
another remark Of the Captain that he had no
fear about his opium as he was all right
with the Custom House officers and t that
he would fix it all light with Markham"
[ notice that nc one of the passengers or
crew admit that they ever Saio the opium or
knew that the Captain had any, except from
his own statements.
Now taking all these acts as faithfully told
or seen as understated, Do they indicate
insanity-the dethronement of reason ? or are
they not, rather, al cf them, the neglect of
business, the deadening of honor, the shame
lessness of a brutslzed nature, and the hilarity
OI ONtE COuuuSuCo. lllCA III luultuIdCc re-
suits of strong drink, and are the unmistakeable
signs of intoxication.
l confess | can see nothing in the Captains
conduct or sayings during the whole of the
voyage and as late as the 4th of May, which
is at all inconsistent with what every one would
expect to see exhibited BY him-when the cause
is so abundantly proved. as
Such potations, continued certainly until he
was lodged in Jail on the evening of May LIST,
could not be taken into the human system
without displaying their exciting, maddening
and debasing influence.
Such a force as those gallons of whiskey
must have spent itself in some manner
But as this drinking and intoxication was
continued until after every step in that series
of acts which the offence of
smuggling had been taken, and as erery step
in it was taken (as Peter Smith and some
others have testifed) while in a state of intoxi-
cation, he must be held to be responsible for
his acts and / can see nothing whatever to
indicate that he was at any part of this time
incompetent to discover the nature and erimi-
nality of his acts. -u-#
The Collector General who received the
Captains papers from him testified that ne
noticed nothing unusual in bis conductor
so also the Port Surveyor and
Mr.. Tichenor. Several others who saw him
at Kanaina's Auction Sale on the Both April
and LIST May, testify that he was so excited as
to attract attention and Mr.. Barlow the .Auc-
IlODeer Oecllneu Oh tue SeCOuu Jay u TAKE ui5
bids he appearing to be under the excitement
of some-stimulant tt<
On one of these days previous to his arrest
he called to see DR.. McGrew, who noticed his
excited condition and gave him a simple quiet
ing potion, fearing if he prescribed for him
stronger remedy he might make an improper
use of it. His testimony and that of DR..
Hutchinson who were allowed as professional
to give their opinions of his mental
does not 60 to the extent to which
it must 90 in order to free the Captain from
responsibility for his acts. They are not able
to say that they believe him to have been, at
the time this offence was consummated, in a
Of incapaeity to discern between right
and wrong or to know that his actions were
contrary to the law of the land. DR.. McGrew
when he first saw him he was verging to
i~eliritnn heIaens. Later when be bad examined