ne

“ade

SUMMERSIDE

rar nace ne tine ait

remus renee e

JOURNAL, THURSDAY, FE

BRUARY 4, 1869.

=

A Terrible Tragedy at Sea,

The Cork Herald gives the particulars
of & series of horrible aud almost incredible
eccurimees Which hupened on bourd the
Duteh vessel Finnechina, Captain Hotze
commander, just arrived in Cark trom
South American. A Londoner waned
Rogers wus one of the crew, and, either
drow insanity or cupidity, (as he kuew the
saptiin hada large aniount of money on
howl), he seemed to have formed a plan

jor getting possesion ot the vessel by whole-
sule murder, On dhe forth day atter the
ship Tett Buenos Ayres, Rogers took a
Javorable opportunity and pushed the first
laale overboard, The cook, in response
1 his cries ran to throw him a rope, when
Rogers seized him by the legs, and threw
him into the sea:tso. Both these men
were Dutchmen, ‘Phe second mate, also
# native of Holland ran to help the drown-

ing men, but Rogers endeavoured to kill |

him with an axe, Le ran towards the
cabin and jumped down the hatehway,
upsetting the captain who was running up,
and both rolling on the floor, Rogers se-
eured the hateh above them, and made
them prisoners, ‘Two men remained on
deck, one a Yankee the other an Irishman,
and these Rogers kept apart—one fore one
ult—by. threatening to murder them, and

compelling them to stecr the vessel in |

turus, For four days the murdever remain-
ed master of the deck, not sleeping during
: the time, The captain lived twice at him
during-the period, but without wounding
him seriously. Owing to detect in ‘the
compass he supposed the vessel was st
ing straight for the land, when in reatity
she was moving parallel to the coast At
the end of the tourth day sleep overcame
him, and the Irishman, waiting lor the op-
portunity, seized the axe, and at one blow
nearly severd his head from his body. He
then relieved the captain and the second
mate, and the vessel made for Rio, Alter
an investigation a fresh crew was shipped,
ang the Fiunechina arrived in Cork har-

Horrible Tragedy in St. Stephen N. B.

A telegram fvom St. Stephen on Monday
to the St. John *'Pelegraph” says: A
horrible murder and suicide have just been
committed in Milltown, St. Stephen, by
Stepehn McInnes, who was recently dis-
churged trom the Lunatic Asylum — The
wretched man killed his sister with an axe
and himself with a kuife, in presence of
their mother, who would have been killed
also if she had not escaped from the room.
‘The young lady was to have been married
next week, which fact was the supposed
motive for the lunatic’s horrible act. Me-
Innes,falter leaving the Lunatic Asylum,
St. John, came to Hastport, where he re-
mained some time, and made _ his first up-
pearance in Milltown to-day, coming to
his mother’s house in his stocking feet.
Me entered the kitchen to which his sister,
who was inthe setting room, went on
secing him, She screamed and ran back
followed by her brother with theaxe, He
struck heron the side of the head, bury-
ing the axe in her brain, She fell and he
gave her two more blows, one on the skull,
the other through the back, The mother
yin out screaming tor help. Ie then went
tothe kitchen and drove a sheath knife
twice into his own heart and once into his
bowels. ‘The family are very much re-
spected. Great indignation is felt against
the authorities of the Asylum for releasing
him,

CanniBarisM In New Zeatanp.—The
Wellington Avening Post says the Goyern-
ment hus received credible intelligence
that the cannibal Titukowayer has for-
warded to the inland tribes of the island
some potted meal, madys of the flish of
English soldiers who lately fell in bat-
tle. His ehject isto inflame the ferocity
ot the natives trom whom he expects as-
sistance.

Afew days ago a very sad accident
happened at Greville Mountain, Annapolis
co. Aman named Thos, Hudson, while
working in the woods, accidentally cut off
one ot his feet. Wrapping his covt around
the wound, he set oif tor home, but soon
becoming exhau ted he lay down, unable
do proeced any further, Some hours after,
die was found in a state of iusen ibility.
Tho services of a surgeon was procured.
but he could not do anything. The
wounded man bled to death,—Jiz. Lx,

On Saturday evening last about 5 o’elk.,
a fire broke out in the St, Lawrence Llo-
tel, in St. John, N. B. Damage about $1,-
Qu0.—16.

Terrince Smmpwreck.—A_ Constanti-
nople letter says that about midnight on
the 17th ef December about for
miles from Smyrna, at the place called
Carbournon, two steamcrs belonging to
tho Azizie Compauy. viz., the Galioup and
the Charkeich, came into collision, The
force of the contact wasdreadful, and the
Galioup foundered almost immediately,
only 3U passengers out of 200 being saved
‘the Charkeich was so greatly damaged
by the collision that she had to run ashore
at Chesme two miles from Smyrna, to
pr vent her from sinking. The Galioup
had a very valuable cargo and a large
quantity of specio on board when she
foundered,

‘The fruit trees in San Francisco were
in blossom on the 9th ct December, and
strawberries selling in the market at 25c.
per pound.

In Paris, toads are sold at the rate of
two franes, fiity centimes per dozen. The
dealers keep them in large tubs, Toads
ave kept in vineyards, where they devour
during the night millions of insects that
vocupe the purtuit of nocturnal birds.

Heart Renptna.—A Mrs. Willlama, of
Hampton, Canada, while under a fit of insa-
nity, put to death two of her children, The
Bowmanville Olserver gives tho following
account of the dreadful deed :—

After clearing the table, itis supposed that
she at once proceeded to prepare for the
dreadful deed. According to her own ac-
count she emptied the water from tho boiler
in which she had placed some cold water, ‘ her
heart would not lether putthem in coldwater’
she then took the children into the be troom
and undressed them, then took the eldest,
between three anil four years old, and drown:
ed it in the barrel of water—the darling strug-
gled cor siderably, ind snid:—*'don’t Ma Vil
he good;” taking the child from the water
sho placed it on the bed closéd its eyes and
kisaud it. She then took the youngest, ap
jufunt seven months old, andas she supposed
drowned it also, and placed it on the bed,
covering both with a sheet. She next at-
tempted to drown herseli, but was prevented
Vy the unexpected and timely arrival of her
Husband, to whom after he had knocked re-

eutcdly, (the door was locked) she let him
n. Theshock he reecived cannot be easily
imagined—with her hair ali disheveled, and
tue water dripping from her, she begged him
tu bili her, saying I have done it. Done
whet? wag hisingairy. Ihave killed them.
Come and eve, she lod him to the bed-room ;
there were their two babes, the eldest cold in
death; the youngust gasping for lite. Ile
éudwu fur lesp, and took the Lide one in. his
arnis nd acnt for the Doctor, who eucceeded
in effecting » partial restoration, but no ekill
eoukdenve ite life. it died the following morn-
“pay, avourd u'ewek.” ;

t

ezrams.

| Final Decision in Whelan’s Oase.

| Tn our last issue we informed our read-

jers that the Judges of the Court of Evror
sand Appeal had decided not to give Whe-
lan, the convicted murderer of the hate
jdlon, Mr. McGee, another trial. An ex-
{change says in giving particnlars:—The
agony isoverat last! ‘There will be no
more delays in carrying out the sentence
of the Courtiu the case ef this unfortu-
nate man,

Very Latest Tel

Toronto. Jan. 22,

Osgoode Hall was crowded and the ut-
Most interest was manifested to hear the
result of the Whelan case to-day.

At IL o'clock the Judges took their seats
and the prisoner was broughtin, He was
visibly moved and excited; he paid much
attention the Judgements :nd seemed to
realize the fact that his lite hung on the
words of the learned Judges,

Christopher Robinson, Esq .and Ander:
son appeared for the Crown; de I. Came-
ron for the prisoner,

Chict Justice Draper gave Judgement,
commencing by going over the grounds
fof Appeal, which are familiar to news
paper readers. His Lordship said the fi
question was the disallowance ot the pri-
soner’s peremtory challenge of Jonathan
Sparks by the Court, right or wrong.

Alter considering the pros and cons of
this point, quoting from numerous autho-
vities, his Lordship decided that the Court
was right in so deciding. Lhe prisoner,
by his own actin challenging as he had
gels had brought the results upon him-
self.

His Lordship said the ease had excited
a great deal of interest outside, and many
persons wondered why so much time was
lost When there was no question ot the
prisoner's guilt. This was not a question
for the Court. A Jury had decided that.
Ile said the Court only nad to give their
opinion on the point raised at first. Ile
confessed he had been inelined to side
with his learned brother, Morrison who
objected to the judgment, but alter look-
ing more closely into the case, he had
come to the conclusion that the judgement
shonld be sustained,

The Judges stood divided as follows :—

For New Trial, Your—Unagarty, Morri-
)son, Sprague, Vonkoughnet.

Against. Six—Draper, Richards, Mow-
att, A. Wilson, J. Wilson, Gwynne.

Cameron applied for leave to appeal to
England.

A lengthy argument followed and the
Court adjourned till 3 o'clock.

At that hour the Chief Justice announ-
ced that the Court was UNANIMOUS in re-
fusing to allow an Appeal to the Privy
Council.

Whelan was ordered to be taken back
to Ottawa for execution on the 11th Feb-
ruary.

The result gives intense satisfaction in
Montreal.

Spain.
London, Jan, 26,

A despatch from Madrid states that the
Governor of Bargos was assassinated y
terday, when about to make an inventory
of the goods in the Cathedral of that city.
The excitement is intense, The people
generally sustain the Government, Many
arrests of suspected parties have been
made. The Sublime Porte in a circular,
denies the report that has been extensively
circulated to the effect that Turkey is
heavily arming. The Sultan confidently
expects peace as the result of the Paris
Conference.

United States.
New York, Jan. 27,

Latest advices from ILayana report the
City more quiet. Many Cuban families,
who have been generally very prominent
revolutionists, are preparing to emigrate,
fearing a renewal of bloodshed, On Sun-
day evening last a man was discovered
pertinacionsly attempting to enter the de-
partment of Gen. Dalce. His extraordi-
nary conduct excited the suspicion of the
audboritics. IIo was aryested, and on
search a concerted dagger was found on
his person, He was sent to prison. The
public belicf is that assassination of Gen,
Dulce was contemplated,

Gold 1364.

Great Gritaina.
London, Jan. 25,

A Constantinople despatch of yesterday
states that Admiral Hoburt Pasha has sail-
ed with his fleet from the hiurbor of Syra,
the Governor of the Islind hayjng pro-
mised that the steamer Lrosis shall not

leave the port. The wieeroy of Egypthas
offered the Sultan an army of 50,000 men,

and a flect in the evei.tot war,

~ ADJOURNED MEETING,

On Thursday evening last the adjourned
meeting re-assembled ut Strong’s Hall. D.
Enman, Esq., inthe chair. The committce
appointed to draft petitions in accordance
with the several resolutions passed at the
previous mecting, reported as follows +

1st. A petition asking a grant for a public
sqitare and a market house.

Znd. A petition to cause a Registrar and
Probate office to be established in this County,
and also a branch of the Saving’s Bank.

Srd. A petition to have such amendments
madein the Election laws as will cuuse a
polling division to be established in Summer-
side.

Some discussion ensued as to the propricty
of including a request for a County Superin-
tendent of Public Works in the petition ask-
ing for the Probate and Registrar offic
after which W M. Mowe, Esq.. offered a re-
solution to that effect.

V. M. Howe, ‘I’. Kelly and R. Hunt, Esqs.,
were appointed a Committe to remodel said
petitions, and also to draft a petition for re-
duction in postage, to be subsuitted to a gene-
ral public meeting.

The Chairman then vacated the Chair, and

vote of thanks was then tendered to the Chair-

man and Secretary, which being suitably

acknowledged, the meeting adjourned.
JOIUN GAFFNEY, Sec'y,

A Wharf at Capo Traverso,

On Monday last a public meeting was held
at the School House, Cape Traverse, for the
purpose of petitioning the Governinent for a
grant for the purpose of building a wharf at
that place. The meeting was attend by
Ilons. Messrs. Haythorne, Callbeck and
Muirhead, the Supt. of Pablic Works, and by
a large number of the inhabitants of the sur-
rounding settlements. It was finally agreed
to ask the Government for an approprintion
for the purpose stated, and to appoint a com-
mission to locate the wharf.

This isa good move. A wharf. of all
things, is badly needed by the people of Cape
‘Traverse and vicinity (none being nearer on
one side than Crapaud, and Bedeque on the
other), and we hope that the Government
will favorably entertain the prayer of their
petition.

Pp. §8.—Sinee writing the above we learn
that the people of Cape Traverse have sub-
scribed £400 for the purpose. /’rogress,

Tt. Hunt, eq., was called thereto, when ag

‘|

|

¥ MURDER CASE. |
SUPREME COURT.

[From last Tours tay’s Patriot J

Frora McQuarnis sworn and examined.
Our house is in the Jane in reac of the old
barracks. 1 got acquainted with the prisoner
summer before last, on the strect. He was
then boarding at Arch. White’. He visited
us two or three times list’ spring. He was
steward of the Clara Novella, Came to our
house nearly every night while that vessel
was in port. 1 was slightly acquainted with
Cullen. Was at a quilting purty with him
about a week before his death. Dowey was
}notthere, Recollect the night of the murder.
We had a party that night. Dowey came
about 4 to 7 o'clock. He and I and Louisa
saw Sarah Collier home between 9 and 10
aelock, On our way back, Dowey end 1
stor dat the jail pump. We sent, Louisa into
the house. While there the big Newfound-
lander came long, and asked Dowey where
he could get lodgings éor the night. Prisoner
suid he did'nt know. and asked me if I could
tell, LT said “try Laird’s; its Jate, but you
may getin.” Lhe big man said he came trom
Carriboo Cove, Newfoundland, was as ran-
ger here. and wished to know the name of the
town, Dowey told him. Tie Newfound-
lander stepped closer, and said you are quite
comfortable. Dowey answered, ** can you
help it.” ‘The other replied he did not wish to
help it, and asked for a fancy honse. He
wanted me to let Dowey go and show him
one. Tsaid Vd wish him a better office, The
prisoner let go my hand; I turned round a
minute, and when L looked again saw the
Newfoundlander running away, Dowey said
he knifed him, I esked it he had hurt him,
and he replied he thought not, as he only put)
the knife in this much (about one inch.) By |
ant by Cullen came along. He shouted)
“haloo, Steward.”  Halloo it is,” said |
Dowie. Cullen shook hands with me, and!
asked me how I got on at the quilting party. |
nswered very well, He then lett us and)

HE DOWE

was away aboutfive minutes. When he came |
| back again he said ** good night, Mary.” |

said itisn’t Mary, and ressinded him that he
was speuking to me afew minutes ago. He |
insisted 1 was Ma nd appeared to be more |
in liquor than he was the first time. We ad- |
vised him to go home. We then went into |
Curric’s lane, and turned back again towards |
us. I said he is in drink, and don’t know,
what he is doing, Dowey told me, ‘stand,
inside the fence (between rs and Carrol’s;) |
he won't see your clothes, and will pass on.”
Cullen now came ap a third time and said
“hatloo, Mary.” IT repled, “look Hy my
kface, and you will see that it isn't Mary Tt is
Flora that you were talking to before” He}
meant Mary Flynn. Dowey tapped the de
ceased on the shoulder, ana told Nim to stand
off trom the young woman, 1 stepped aside
from both of them. I asked Dowey not to
touch him, that he was drunk and didn’tkrow
what he was doing. I then left him to got.
Carroll's corner, (which was ten yards distant.)
Looked round and saw Dowey hastily unbut-
toning his coat. Thought they were going to
fight. Ifurried my steps, and before I reach
ed Carroli’s corner, the prisoncr overtook me,
said ** Lord, Ihave stabbed that man.” Iam
certain these were the words, [asked, is he
dead, and he answered, * yes I think so.” I
said what did you do it for? We said, I was
provoked to doit. Iagain asked if the man
were dead, He said * yes, [ think he is, for
I put the knife in him most to the handle.”
He then put his hand to his side, took ont the
knife, and drew it through between his finger
anithumb. I saw the blood onthe back of
his hand. "Jesus, thou son of David,” Lex-
claimed, ‘Gcorge, you and Vil be hung.” 1
got light-headed and fainted. Knew Dowey
to carry a knife for two months before. [le
was offended one Sunday night. He hadn't
a knife then, but be said he would carry one
after that, and he did, fur Loften had my hand
onit. Lremonstrated against his carrying a
knife, and tolé him there was no necessity for
ithere. When IL recovered out of the fiint.
the prisoner said * don’t be frightened, there
will be no fear of you.” Chris. Duffy now
came up, and Dowey hid him good-night.
Duly passed on, and ina minute ran back.
saying licre’s a sailor man stabbed down the
tane. We then went down where Cullen was
lying. Ile spoke once, and said * leave me
alone.” Dowey told me to bring a light out
from mother’s, I did so, but before they
could see the min the candle blew out.
Thompson, brother James, cousin Roderick,
Duffy and Dowey. were all round. They stood
imon Thompson's back,
‘gs. Dowey cane to
our house next morning about 7 or 4 to &
o'clock. — Tle asked if brother James’ bres
tast hod been sent to the Police Station. 1
am inking it ready, I said. I looked him
straight in the face, felt weak and nervous,
and fainted off my seat, Dowey lef and pro-
mised to be back ip an tiour’s time. Shortly
after this, the policemen came for my. sister
Louisa, They sent for me, too, and Dowey
went up to the Court House where they were
holding the inquest. I was not examined
that day, but Dowey was. He wished me to
conceal the murder. Le said he would give
his oath first, and for ine to follow his words.
After they all got clearon Friday, I was going
home; he called me on the street, and suit we
were all free, Yes. so far, L replied, but it
will not be long before the right persen will
be found out. He desired me not to tell that
he did it. Imnde no reply. He asked ine
again, but I suid nothing, [le suid he would
be up at our place in the evening at 7 o'clock,
IT went home, had tea, and being sick, lay
down in bed. When the police came for me
again, [ said I would not go without Dowey.
After I got to the Police Station, he came in
with two policemen, In jail we spoke to
each other through the wall. He told: me to
be careful what L said before the Grand Jury,
and asked if Twas going to hang him. [said
Idid not know; I was not the Judge, and
would be ssrry to hang a dog.

This witness's direct examination having
been finished, she was subjected by Mr. C.
Palmer to a long and searching cro s-exami-
nation with a view of breaking downs aad
weakening the force of her testimony. © dhe
admitted that she went once on board the
Clara Novella with another worl to see the
prisoner; that she was with him one night on
Connolly's breastwork ; that twice she waiked
out with him as far as Dawson's new house;
and that an improper intimacy subsisted be-
tween them; but beyond this. her evidence
remained unshaken. An effort was made to
show that her statements now were inc
tent with those made by her at the ing:
but it resulted in nothing more than the dis
covery of a few unimportant discrepancies.
‘The witness gaid she did not think the pris:
oner had any prudge aginst the deceased,
She also admitted having told him in jail one
night that she loved him ten times more than
ever, and to prepare, that she was going into
his room, but this was done to please him, as
he was nll the time annoying her.

Dr. Dopp was then called, and testified to
the time he ws sent for, ant the state of
Cullen's body when he examined it on the
night of the murder.

Dr. Bien was also sworn, and stated that
he did not take down all the witnesses had
said at the inquest.

Dr. Frasen, who performed the post niortem
examination, described the extent, pature,
and effect of the wound. which was. seven-
eights of an inch wide outside, and three-
quarters of aninch in the heart. The knite
entered between the fourth and fifth ribs, on
the nipple, and two and a half inches fromthe
centre of the chest. The instrament with
which the cut was made passed through the
right ventricle of the heart, an inch from the
port. The Dr. had no doubt as to the effects
of the wound, and gave it as his opinion that
death must have been almost instantancous.

Davin Wrastren, Witntaw Swas, and
Ropent Waite, three policemen, gave evi-
dence of Dowey's admission of his guilt on
his way to jail, after the Coronor’s inquest.
In reply to the question from ons of them,
“In the name of goodness how came you w

| swearing away the life of tie man to whom

| death was net denied, the evidence clearly

do what you did,” he said ‘they vexed me,
and L knifed them, and I suppose I will have
to die for it.”

This closed the evidence for the Crown.
*harles Palmer, Esq , opened the ease for the
prisoner, Ile explained the difference be-
tween murder and mansliughter, and re-
marked that under the rigid Jewish dispensa-
tion, the cities of refuge were always open to
those guilty of the latter crime. If, in the
heat of passion, under strong provocation, 2
man had used an unlawful weapon in self-de-
fence, and killed his adv-rsary, it would not
bemurder. At the close cf his adderss,

nara B. Peake, Esq., was put on the
stand, and testified that Dowey bore a good
moral character, so far as he knew. He was
civil, faithful, attentive, and not violentin hs
conduct. Capt. Stuart, with whom he sailed,
gave him ay good name, ‘Three certiti-
cates of discharge, &¢., were also put in’ evi-
dence, and admitted by the Crown, From
these it appeared that for character and ability
as a seanain, Dowey stood first class in the
service,

‘The defence being closed, Frepx, Breck:
nn, Esq., addressed the Jury for the prisoner,
in one of the ablest and most eloquent
speeches we have ever listened to ina Court
ofjustice He adduced various considerations
in mitization of the crime charged in the in-
dietment, Le commented on the evidence
adduced by the Crown, exposed its + cak
poi-ts, and made the most of its real and
opparent contradictions. Mr. Brecken also
ndverted to the circumstance of the pri
er’s having, whenonly a child, lost his
his going to sca at the early age of nine ye:
and being brought up amid the bad influence
and example of the torceastle. Ile read from
me authorities to show that when a knite
was drawn out of a wound, and through three
or fuur plics of clothing, there woud be little
or no blood upon the bhide. In this case it
was in evidence that the knife had been put
into its sheath. which gave additional force to
the opinions he had quoted. Mr. Breeken
also alluded to the heartless levity with which
the principal witness for the prosecution, was

she was once engaged, and cautioned the jury
hut to place too much coufidence in a char
ter such as she had blushing y admit
selfto be.. He contended that, even if Cullen
had fallen by Dowey’s hand, under provoca-
tion, the evidence of malice aforethought was
wanting, and the act would not be wilful
murder. It they entered on this point, he
implored the Jury to give tre unfortunate
prisoner at the bar the benefit of it, and by
their verdict reduce the crime to mansliugh-
ter. ‘he Attorney General followed for the
Crown, Ue said that the fact of Cullen's |

pointed to Dowey as the authof of it, and, in
his opinion, the law, as applied to the evi-
dence. made the offeace nurder and not man-
slaughter, Itis due to: Mr. Mensley to say
that he did not press the case unduly + gainst
the prisoner, while he warmly
Flore McQuarrie’s charicter against the im-
putations castupon it. Mr. Justice Peters

vindicated |

CORRESPONDENCE,
: TEMPERANOE.

Mr. Epiror:—

I hope my Brethren, the Good Templars,
will excuse my delay in performing my pro-
mise in writing the following article. 1 could
not possibly attend to it sooner,

Ever since the time of the great Cullen
who first called the attention of the medical
publi to its vast importance, it has become
an acknowledged principle of practice, that
the chief office of the physician in the sick
room is to watch and ascertiin, in each case,
the particular nature of the tendency to death ;
and having ascertained this, to tax his ingen-
nity in devising impediments to throw in the
way of this particular tendency. ‘Thus, if the
disease tends to death through the feebleness
of the heart’s action, inability of the heart to
carry on tre circulation, this fast at once
teaches the physician what he ought to do,
viz., to strengthen, by every possivla means,
the powers of the system, If the disease
tends to death, by pressure of too much blood
on the brain, producing insensivility and all
its dea ily consequences. here, again, the phy-
sicuin is instructed, hy the nature of the ten
deney to death, in what he is to do, viz., to
relieve this pressure. If disease tends to
death Uirough deficiency in the quantity of
blood, so that it is not circulated, because the
current passing through the chambers of the
heart is too small to be grasped by that organ,
here, again, the physician immediately per-
ceives in what direction his assistance is re-

nerely observing in what direction
ny is approaching, ‘There is woul
physivlogical proof, supported by numerous
well-conducted experiments, that there are
but two ways in wiich it is possible fora man
to die—that, whenever he dies, he cither dies
because no bloot iy conveyed by the arteries
from the heart to the & pillaries, or because
they convey black, 7 ¢., venomous blood.

Alcohol has a direct tendency to produce
death ia both ways.

There are two ways in whic’ the arteries
are nade to contain blick blood, viz.: by
inechanical obstruction to the entrance of the
air into the lungs, and by loss of sensibility
onthe part of the brain. ‘The sole object of
the lungs is to depurate the blood of its blick
color, or rather with the carbon which com-
municates that black color to it. This de-
ion takes pl in consequence of the air
h the act of inspiration introduces into
y air cells, and the act of inspiration is per-
formed by virtue of the contraction of certain |
Inuscles distributed about the chest. ‘These
muscles derive their power of contraction
from the brain and nerves. When any poi-
son, therefore, interferes with the fascuon of
the brain, the power of contraction is no longer
transmitted to the muscles of inspiration, or
it is supplied imperfectly at too long intervals.
in this way no air, or an insuflicient quantity
of it, is taken into the lungs, and the black

| longer purified, but all black

and loaded with carbon, is ¢ "dd ou to the

charged the jury. His exposition of the liw
was very lucid and forcible, and his comments
on the evidence contained some really eld-
quent and touching passages.
his belicf in the truthful
rie’s vestimony, and intimated that it contain-
ed nothing to warrant the observations of the
prisoner's counsel. As an ingredient in the
crime, malice aforethought may be either ¢x-
pressed or implied. For instunee. if, under
aggravated prosecution, aman sudilenly seizes
astick, a whip handle, or other similar w
pon, and deals his adversary a mortal blow, it
would only amoypt to manslanghtar, for in
such a case matice aforethoughtis not implied;
nor is it expressed, if the parties have no pre-
vious quarrel. But if under similar circam-
stances, he draws a knife and stabs the other
to death, or takes a gun and fires into a crowd,
the act is viewed in a very different ight. In
the hitter case, the weapon is in itself danger-
ous, and its use implies malice against all the
world. ‘The law makes every reasonable al-
lowanee for the inffrmity of human nature,
batit makes none where a man evinces a
reckless regard of human life. No provoca-
tion in words or gestures can justify the use of
knives or firearms. In the case now betore
the Couit, the prisoner himself, according to
the evidence, could only urge in justification
that he was vexed or provoked. ‘The Jury
retired about 7, and returned a little after 3
o'clock, p.in., with a verdict of guilty.

For the Crown, the Attorney and Solicitor

fence, C. Valuer, Brecken and McLeod,

[Here followed the prisoner's own state-
ment, which was the same as that published
by us last week.—Ep. Joun.]

JUDGE PETER'S ADDRESS,

After the conclusion of a speech of which
the foregoing is but a brief outline, Judge
Peters proceeded to pass sentence, and in a
voice tremulous with emotion, delivered a
most solemn, touching and powerful address,
Uwhich made a deep impression upon the au-
dience, nearly allot whom were mioyed to
tears. Nota tew
ed Judge's pathetic and fithtal admonition.
His Lordship said after a fair and impartial

murder,
there could be no doubt, and it was now his
stern but painful duty to pronounce upon the
prisoner the extreme penalty of the law.
With respect to the punishinent, he had no
hopes to hold outto him. 1 fear, said: the
dude, your business with this world is done
You have a fearful business to transact’ wi
regard io that which is to come. Having di
rected the prisoner’s attention to the source
whence alone can Come repentance and for-
giveness. Ilis Lordship narrated the tagic
story of the thief on the cross, and urged his
to tike Comlort and encouragement trom the
Divine Jove and the compassion which it
proclaimed, ‘Lhe same Saviour who, in an-
swer to the cry, ** Lord remember me when
thou comest into thy kingdom,” answered,
* ‘Po day shalt thou be with me in paradise,”
isready to hear your prayer. Tn spirit he is
present here wow, and will follow you to
your cell, He is a friend that sticketh
closer thin a brother. If you make your
peace with God through Him, for you the gal-
jows will have no terrors and death no stung.
When you piss from time to eternity, the
Saviour willreceive and welcome you, and
present you, pure and sanctitied, betore his
Father's throne, ws one of the sinners whom
he diced to redeem. For the short time you
are to live I beseech you to seek him. with a
sincere and penitent heart. Hundreds ot
good men and women in this city will pray
for you. His Lordship then passed sent nee
of death upon the prisoner, ane niumed Pow-
nal Square, and Tuesday, the 80th of March
next, as the place and day of executien.

In our sketch of the prisoner Dowey, we
omitted to say anything about his place of
birth. According to one of his certificates,
he was born in Montrealin 1840; according
to another, in New Orleans, in 1845. We be-
lieve that this is © practice common among
suilors, but in Dowey’s case, Montreal seems
to be his proper birthplace. He lived in New |
Orleans, where he has friends, for several |
years. During the late American Rebellion, |
tue served as maste artis on board of one
of the Northern Ships of War. Since his
sentence, Dowey sent a Messiye to the wit-
ness, Flora McQuarrie, wishing to know if
the would forgive him for what he liad said
against her in Court. A constable keeps
guard over him day and night since the 1
and this will be continued ur til bis execution

Zhe export of pork for the past year from
this po us been B,14L bbis., 264 tons ham,
and 96,505 Ibs. dressed hogs, being an increase
over the previous year of 200108. pork, 94
tons ham, and 35.323 Ibs dressed hogs. ‘The
total declared value is £41,804 or $08,173.
In the total exports from Cnarlottetown there
is an increase of £14,400 over 1867,—Lat.

General, and HE. Palmer, Q. C.; tor the de- |

ept aloud under the learn: |

trial, Dowey had been found guilty, by a)
Jury of his country, of the awful crime ot)
Of the correctness of that verdict!

lett side of the heart, whence it is driven into
the arteries, there ta produce death, Now

drinks, taken as a daily beverage, generate int
the system a tendeney to death by lowering.
the vital principle and weakening the contrac: -
tile force of the heart. But it generates the
same tendency to death in other ways; for it
offers a direct impediment to that ehange off
matter—that decomposition and recomposion!
—that const int waste of the old.and sappy off
the new material on which the energy of the

cuuse of appetite, aml makes digestion ne-
cessary. It checks this change ef matter,and!
therefore diminishes the appetite and h»pairs
the vigor of the digestive functions: 5
fuod is taken, less still is healthily digested,
iu this manner less blood is prodawed, until:
finally the current, as it passes through tle
heart, is too smull for that organ to? conterct
upon with sufficient force; and thue, though
the circulation be not quite brought tera pause.
and death actually produced, yet the eircula-
tion is so languid, and all the organs so Mt’
nourished, that disease in some shape or otters
cannot fail to happen. ‘he effects of drink- -
ing customs, therefore, are clearly to generate:
a tendency to death by both of the only two:
modes in which it is possible for death to

happen.
JAMES SHAW.

Lot 6, Jany. 27, 186%.

Summerside Gournal.

THURSDAY, FEBRUARY 4, 1869.

No notice can be taken of annony mous Cou -
munications. We must know the names and
addresses of our correspondents as a guaranty
of their good taith. We cannot undertake to
return communications that are not used.

CAPITAL PUNISHMENT.

Some one has said that the worst use:
you can puta man to is to hang him.
Thee is & growing conviction among
men of our are and nation, that society
hes no right to take away the life even
oi those who commit the most glreadful
crime. Human life is beginning to be
looked upon as a very sacred thing—a
thing not to be wantonly sacrificed or,
deliberately destroyed, even to satisfy the
demands of what has hitherto been con-
sidered justice. In the days of our
grandfathers life was a thing of apparent.
ly little value. The catalogue of crimes
to which the death penalty was attached.
was an astonishingly long one, and an
amount of evidence which would now
hardly procure a committal, -was then
considered amply sufficient to justify
eondemnation. ‘The barbarous and cow-

blood brought to them for purification is no ardly practice of duclling was then upheld
vo As it ds, by a no less barbarous public opinion,
and wars in which the lives of thousands

were daily sacrificed were entered into

alcohol, in not very Inaye doses either, has

He expressed this effect. It poisons the sensibility of the changed now.
s of Miss MeQuar- |

br.
| {

ain, which Gan no longer transmic te con-
ctile puwer to the breathing muscles, res-
ton is slowly and im: ertectly performed,
‘ictle or no air is brought into the lungs, the
black blood is not depurated, but passes on
unchanged through the heart into the arteries.
‘Yo prove this, two thimibles-full of alco iol
were administered to a strong, healthy rabbit,
which became instantly drunk, and soon died.
On opening the he;
were found gorged with blood like ink, and
the left side of the heart was in the same con-
dition, To a second rabbit was administered
the same quantity; on opening the left side of
the heart, while it was yet living, but quite
insensible to pain trom profound intoxication,
the blood which issued was perfectly black.
Now, in this latter instance, itis minifest that
undl it was punctured by the knife, and the
blood let eut, the heart was driving black
| blood into the arteries, and that, had the rab-
| bit not been injured by any operation, this
black blood would have continues to flow into
| the arteries until it produced death, as in the
-case of the former rabbit. Apd tiis is what
| happens during every fit of incoxication, when
| carried to the point of drunken sleep. ‘The
| brain is insensible from the effects of the al-
| cohol—itis ina genuine stiute of temporary
apoplexy; the power of contraction is but
‘teebly supplied ty the respiratory muscles;
jon is siow and laborious; an extreme-
‘Ty iusutlicient amount of air is received into
ithe lungs, and the heart is pouring black
blood into the arteries. After several hours
sensibility returns to the brain, more con-
tracuble powcr is sent to the respiratory
muscles, more air is admitted into the lungs,
| and the blood which is now passing through
‘then is improperly purified. Yes, but in the
meantime what has become of all the black
blood which was emptied into the arteries by
‘the heart during the several hours of insensi-
| bility? Why it is in the arteries still—not in
‘quite a sufficient quantity absolutely to des-
troy lite; but there itis, adulterating the pure
blood with which it mixes, oppressing the
brain and nervous system, and semi-poisoning
the whole body, and predisposing itto disease,
and these effects happen (only in a somewhat
Jess degree) not only when alcohol has been
i tuken ty the point of intoxication, but when-
ever ithas bean taken in’ suffigient quantity
micrely to induce a disposition to sleep at any
unnatural hour, or to render natural sleep in
uny degeee more profound thin usual. Phe
| daily use of alcohol, therefore, in any con-
(siderable quantity, generates a daily tendency
ty death by the presence of black Llood in the
arteries; and he who would save his health
tnust obviate this tendency by discontinuing
the use of the poison which generates it,

When alcohol is taken in repeated, but
ismall doses, it then generates a tendency to
{death by the other mode, by deticiency in
| quantity of blood in the arteries. A deficient
| quantity of blood ia the arteries may depend
on two causes—elther on the fact thatthere is
too little blood in the entire body, or on the
fuct that the heart is too weak to contract
with sufficient power on its contents, so that
the blood on the lett side of itis not propelled
into the arteries, And the second of these
conditions may be produced by the tirst; for
the heart will become weak, in common with
all the other organs, if there be any notable
deficiency of blood, Now ifa glass of wine
be given to a child not accustomed to tike it,
and its pulse be felt shortly after, it will be
found to have risen considerably above par.
If the child be allowed to rest or sleep until
the cileet of the wine has psssed off, te pulse
will now be found to have fallen below par
This denionstrates that during the period of
excitement a preternatural amount of vital
power was consumed, leaving a deficiency of
vital power when the period of excitement
was over. Now itis clear that if this excite-
ment be frequently repeated, there will be a
frequent repetition of this defleiency, and a
kind of accumulation of small deficiencies of
power will happen, amounting in time and in
the aggregate to a general debility in all the
vital machinery.

A gentleman, wishing to substantiate this
fact for the benefit of mankind, and who hap-
pened to have two fine, healthy children, the
one only a year older than the other, per-
formed on them the following experiment ;—
‘To one, every dy after dinner, fora month,
he gave a large orange; to the other he wave
a small glass of port-wine, for the same peri-
od, Atthe ead of the month the child who
had the orange was fat and well. The other
had become thin, dark under the eyes, pale
and sickly in appearance, and deficient in ap-
petite. The experinent was now reversed,
The child who had the wine received the
orange, and the other who had the orange
how took the wine, At the end of the month
the sickly child had quite recovered its flesh,
color, health and strength; while the other
had fallen into the same sickly condition to
which the child who first took the wine had

ye

been reduced. In this way, then, alcoholic

to and dungs. the latter}

with almost savage alacrity. ‘This is all
Capital punishment is
now the award of but two or three
‘crimes. Condemnation even for these
is not procured except upon the very
‘clearest and most convincing testimony.
Even after conviction, instances of a
merciful) commutation of the dreadful
punishment are by no means infrequent.
Duclling is all but universally condemned
among civilized men, and war is in thia
age almost everywhere considered a
dreadful evil, which itis the duty of na-
tions to seck to avoid and avert by every
honorable means. ‘The conscquences. of
these more enlightened and Christian
ideas, this more humane code, have been
| contrary to the confident anticipations of
the stern upholders of the old state of
thipgs—beneficial and civilizing in the
highest degree. Crimes against life and
property are said to be less frequent in’
this than in the past generation. Social
intercourse is certainly more easy, more
pleasant, less formal, and all the ameni-
ties more scrupulously observed than’
when duelling was the fashion. Bullies
are now unknown in civilized society.
Since wars have become rare, the pros-
perity of nations has woudertully increas-
ed. Science and the useful arts have
progressed at a rate almost miraculous,
We sce, then, that the most happy effects
have resulted from the partial abolition
of the death penalty from our criminal,
our social, and our national codes. The
question now arises whether its total
abolition would not be a blessing and a
benetit to the whole human race. All
agree that the time when wars shall cease
on the earth, when swords shall be beaten
into ploughshares, will be a blessed one
for mankind. That men have not now to
answer with their lives for every hasty
word and every thoughtless and inadyer-
tent look and act, is considered by all to
be a great improvement. ‘The tyranny
of the duellist and of the duellist’s code
was a dreadful thraldom. But it
is not so generally admitted that
society can afford to dispense with
the infliction of the death penalty on
those who break the laws thatit has enact-
ed for its own preservation, Life, itis ar-
gued, is the most precious possession
both of society and of theindividual. It
should therefore be the most carefully
guarded of all its possessions. Suciety.
should show its appreciation of the prices
less value of lite, by attaching the most
dreadful penalties to offences against it.
If men could commit offences against
life with no greater penal effect than
against property, life would soon come
to be considered as of, little value.
The criminality of depriving a man of his
lite would then in time be believed to be
no greater than that of robbing him of
his property. No error is more danger-
ous to society than that of setting a low
value upon human life. It is necessary,
in order to deter others from committing
similar crimes, to punish the man who
takes the life of his fellow with the se-
verest and the most dreaded of all pune
ishments. There is nothing a man dreads
so much in anticipation as a violent and
a disgraceful death. Though imprison-
ment for life may actually invoke greater
suffering, and be more dificult to bear,
still it ig not associated in men's minds
with the terrors and the disgrace of the
gullows, It is supposed that as there is
nothing which a men will not do to save
his life when it is endangered, so there is
no consideration which will be so effee-
tual in deterring men from the commis-
sion of crime as the certainty, on discov-
ery and conviction, of being deprived of
life in the most ignominious manner that
he can conceive of, Society cannot af-
ford to dispense with the death penalty.
Its own safety demands that it be perpet-
uated. Natural justice, too, prompts
men to take the life of him who wanton-
ly kills his follow man. Many wise and

living actions so mainly depend, which is the’ ~