Year: 1870

was clearly proved that he was intoxi-
Gated, and at the time insane. He was
not merely out of his head. but it was
proved that intoxication with him pro-
duced insanity, and that it returned
periodically. This was a very hard
case, and the late DR.. Drake interested
himself very much in it, and insisted
that Birdsall should be sent to the lu.
natic asylum. Nevertheless, Birdsall
was convicted and executed. The ques-
ton was not whether Birdsal was in
sane at the time the act was committed,
but whether it was not a temporary fit
OF insanity, voluntarily caused by him.
self, knowing its consequences. The
last was the fact, and the law never ac-
quits man of crime, committed even
indirectly, which he himself voluntarily
caused. That the voluntary cause and
the actual crime are separated by some
one or more intermediate facts and
agencies, does not excuse the criminal
But if the recent judicial farce in New
York is to be accepted as precedent,
then man, with murder as his inten-
ton, has only to prepare himself by
drinking to madness, and he will be
acquitted; and ifhe is supposed to have
any provocation, wild populace will
stand by to cheer him on in crime, and
sympathize with his illustrious virtue!
Such is the scene just enacted in New
York; a scene which will appear to the
calm judgment ofposterity as one ofthe.
disgraces upon the Jurisprudence of our
country. But what is the practical re-
sut' The Court ana jury have turned
loose upon society either a murderer or
a madman. What defense has society
against either7 On the one side, an ac-
quilted murderer stands ready to mur
der another victim, with the perfect as
surance that he will be acquitted again.
On the other hand, madman is in the
streets ready 10 kill or wound anybO y.
This is the exact state of facts, and Nc
Farland is said to be now threatening
the people OF the Tribune Office. 1t
may be said with truth that all crimi-
mails are morally insane, for certainly it is
not reason which outrages society and
violates the law oCGod and man. That is
not reason. But the law has no provis-
ion to correct al immoral state of the
mind 1t takes cognizance only of the
fact of crime, and the purpose with which
it was committed And now see the
result to which q New York Court and
Jury have brought the criminal law
New York justice leaves a man loose in
the streets, who, whether he be murder
er or lunatic, is legally an enemy of so
ciety. What is society to dot But 30
cisty really has no equity in the matter,
for, as Quettelet, the great statistieian,
says, society prepares the crime which the
criminal commits. The grog shop and
the gambling house are open, and when
the criminal prepares himself the crime,
society acquitS him, because-he is
crazy!


Men complain of the licentiousness
which makes light Of marriage bonds
but do they make any fort to shut the
houses of !nfamyl Who is it rents
houses for grog shops, and liquor and
gambling housesi As they SOW they
must reap.


1t is quite obvious that the criminal
laws should be either enforced or abol-
ished.


If men think that murder should be
committed with impunity for private
vengeance, or that highway robber
should be let loose on $500 bail bond,
be it so. But in that case the criminal
law should he abolished 1t can be of
little use to keep up the machinery of
courts and trial when the law can not
be enforced, and no end ofjustiCe is an.
swered. We do not make these re-
marks merely in reference to the miSer-
able Mcfarland, but they are applica-
bic to half the criminal trials we have.
Hardly any man commits murder in
these days who does not get up the plea
of insanity. Hardly will distributing
a large property is offered for probate
but the plea of insanity Is put in, Hard
ly a great robbery occurs but nomi-
nal bail is given, and in all these cases
the courts permit and hear the most alb.
surd aud irrelevant testimony. Half
the men in business could be proved
insane on such testimony as was given
in the Mcfarland case. We greatly
need a revisal of our criminal laws
Our criminal machinery is very weak
and inefficient, and if we mean to exc
cute criminal justice we should improve
our system OF jurisprudence


The census taker finds negro man
on Fourth street, named Grifey, whose
age is A years, who spent nearly forty
years OF his lie in the service of John
Bell, of Bell-Everett nOtoriety. He
says Bell kept overseers who were cru
Ell and exacting, and that ne has work.
ed hundreds Of times until he tainted
and tell down exhausted on the ground.
He is an athletic fellow, strong boned
and strong muscled aud would make a
thrifty and valuable farmer, if some one
would take interest enough in him to
give him chance. Since be has took
up his residence in Portsmouth he has
accumulated, by the earnings of his
da vs. works little house which is all
paid for. He was a Union man from
the start, during TIE rebellion John
Bell acting as task master, took the
main part of the mans energies and
strength to enrich himself aud children,
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