Smyrna times., 1878-05-15

THE WIFE MURDERER ACQUIrTED.-Ala large
share OF the public mind and papers have
been occupied the past week over the trial
OF Thomas the Wilmington wife murderer
at the New Castle court. The plea set up
in defence was nothing at all of justfable
nature or that it was done in the heat of
passion, but simply insanity" and on this
plea he was acquitted. The "insanity" {"
was not claimed to be hereditary or result
ing from misfortunes or Affections, but
entirely growing out of his own debased
habits of from day to day, with knowledge
OF what he was doing, drinking strong
drink until he was crazed. While in this
state he deliberately cut his wife's throat
(also in state of intoxication) and then
cut his own with razor with the intent of
taking his own life. The most respectable
physicians of Wilmington swore positively
that the prisoner was suffering with delir-
inm tremcnS at the time he killed his wife,
and with equal positiveness, declared that
deAr'um tren'enS is not a temporary condi-
ton of mind and body like drunkenness,
but disease produced by excessive drink
and renders the person essentially insane.
The Court, in effect, charged that the Jury
could not discriminate between insanity
thus produced, and any other kind of in
sanity, and in so charging, the jury in re-
garding the legal authority of the Court,
could scarcely bring in any other verdict
ho6 6oOY1 fol4 : H., IA:
before excess brought on mania a potu. he
would nave stood in the light of any other
murderer. 1t resolves itself into this if a
man have black purpose in his heart, all
he has to do is to drink in such excess as
to bring on de2irium heneas and he is not
accountable for any act he may commit
however bloody the law throws its shield
OF protection around him; he is for the
time insane. If this be true, there is olegal
protection against such bloody assaults.
Other forms of insanity are not produced
by any act on the part of the victim. This
was a state and condition brought on
Voluntarily.-acquired with his full knowl-
edge. If Thomas can be turned loose upon
society under such circumstances after one
murder, he can after committing others,
and by parity of reasoning, he could 90 on
numbering ad EJitum. Insane people have
no right to be at large, and the laws relat-
ing to the safety of society contemplates
this.
If the charge of the Court in this case is
correct, where is the protection to society
There must be a responsibility somewhere. |
If man is not responsible when he is
crazed by drink, there must be a response |
bility and crime in getting so, or, if not,
the State must be responsible for authoriz.
ing and protecting traffic that produces
such results. If you take it from the
individual, you shift it to the man who |
sells him that which produces deliriuna |
fre'nenS, or, you go further and throw the |
responsibility on the State which issues the |
license and authorizes the sale as legiti. |
mate business. 1t is dreadful thing to |
contemplate-no remedy to prevent the |
cause, or punish the darkest offence known |
to our statutory law 1t should make peo. |
pie think where is the beginning and end. |
ing of this thing, and where lies the best
remedy to prevent such occurrences. It
certainly is not in our Courts.