118

pene quae OM

THE EXAMINER.

a

Sen

well, A short time after he was altogether different as to his state of

mind; this would be about nine years ago. It was after the house was | barnt he was in ® romancing state of mind, and talked ronsense. Saw | him in Charlottetown street; he threw eff his coat and a bundle he had; | he said he wanted to take shipping to, go to another country; advised |

thin he was when he came from Manroe’s, Roderick came home ; saw them both together: prisoner seemed to be bad in iis mind then. Saw him afierwards in July ; asked him where he was gon: { he said he was going to Charlottetown, about a lawsuit he had there, with a McKay, of Pictou, abouta f

orged /entertained in e

ch has been said of diseased imaginations, vut it must be remembered that there are also depraved imaginations. Men accustoms themselves by degrees to look on crime and the | enadiadences of it with very different sentiments to what they arlier periods of life. Murder becomes matter

and wrong. Mu

To rae Epiror or rue Examiner. Dear Str,—Some weeks since a copy of a journal blisheg in Halifax, N.S.--the Presbyterian Witness—was h x containing a most false, vulgar, cowardly and utterly temptible attack on the Rev. Charles Lloyd, lately Recta Charlottetown, and on some members of his cong soe hg!

him to go over tho ferry. He desired him to mind his own business; | i , i\of ' . in fit lence 0a Breen’ (t is accom- ! J i . ed | alcujation. Slavin, in his evideu ‘ y's (hh left him then. He came to him last summer, asked him for work; | bill. He got so wild and jumped about so, he left. Wanted | ot ¢ ' *n and tis s ot to have , ; ; : who offered to do some stumping. He said “ you have left the boat. Welsh | him to come home, and he would support him ; he refused. He | plice) trial, says that be advised Bree . on not t presented him a valedictory address on his resignation of his ) ’ any thing more to do with killing people, not from any remorse | Cure. The despicable trash I allude to was too far beneath

has got her now. You bad better get a new pair of shippers, as he, witness, would have to go to Sebastopol.”’ Came a second time; asked for labour; said it was hard a man who was stafving could not get labour. He rather kept back from prisoner. His wife would not ¢on- seat toempley him. Prisoner asked him if he had got the despatches for Russia to advance, and said he would soon get them. Parted with

was terrible wild that day. He dves not think it arose from drink. fle cautioned tavern-keepers not to give hint Supposed his state of mind arose from the burmng of the house never saw him well! since the house was burnt.

a sensible answer to a question at first, but then goes off.

» drink. |or compunction, ; of nerve. He will give/in the light of an occupation.

but because they had not sufficient command at he had come to look upon murder And with regard to this we see that he had made it the subject of his reflections He was fully aware of the soubriquet

it is evident th

prisoner, ‘and of bis calculations,

the contempt of any Christian gentleman to deserve notigg This evening [ read in the Protector an extract from the pyy, ness, casting some slight reflection on the Jockey Clab lately formed in this Island, and more especially on its tron—the Lieutenant Governor. Now, Sir, [ doubt not

_

him, slapping his hands and jumping several feet. Wa’ inclined at one Went into Jail with Dr. Jenkins yesterday ; said to prisoner he : as , , on fime to give him work, but was advised not te do it, on account of bis came to enquire about the forged bill he apoke of in July. He | or nickname of ** crazy Donald’? that he had acquired, and it! Club will be able to maintain its laudable endeavours to ' state of mind, His early days in his boyhvod he was quite correct, but said he would tell him-—there was John Melnnis and Donald | is evident that by the allusion to the crazy man th a eae mote the glorious sport of , and its Patron, 98 the

has been very different since. He bad been confined by his brother Roderick. After that he came to witness’s house, and complained of it; said they had crippled him by it; gave such reasons for their doing so as he could not believe. He came three times with an order for some- thing on Roderick’s account; this was after he had been liberated by his brother and mother. Did not see him from that time until he saw him in Charlottetown as before stated. Saw Roderick last summer; there was something peculiar in him; he owed him, Roderick, money, and he refused to receive payment. There was something wrong as to Roderick’s mind.

Cross-examined by Attorney General —It is about five years ago that the circumstance of prisoner throwing down his bundle took place. It was in June last he asked for employment. Did not see him for three years between the time in Charlottetown and when he saw him last! June. He was jumping and slipping his hands when he saw him in | Charlottetown; don’t think he was sober then; has seen other men | jump about when druak. When he saw him last spring he asked for | work in stumping; then spoke of the boat and his getting shipping for | Sebastopol. Second time azked if he, witness, got the despatches. Lives about a mile from deceased's residence. Saw prisoner three times whilst in Lane’s employ. Conversed with him twice; once when he was going into a mill he conversed and talked at such a rate that he left him; he was talking something about shoes, so fast he could not tell what he said. Prisoner and he were playmates and school - fellows. The mother’s house was burnt eight or nine years ago. Pri- soner was different in his mind after that. Roderick, the brother, told him all the papers had gone to the flames. Spoke to prisoner twice in June last, and twice since; believes him to be insane.

DonaLpD Munno—examined by Mr. Palmer—Knows prisoner; has : knows him for thirteen or fourteen years; has conversed with bim

several times during that period, particularly when he knew him in his | father’s house; considered him then a very industrious and steady | yeting man, and so continued until the hovse was burned eight or nine years ago. Heard he had attempted to commit suicide; was called to see the wound; he was then very mad; took four men to hold him whilst witness dressed the wound; it was shortly after the house was burned. The wound was a bad one; he was so violent he had to be held; he was chained for a year and a half, certainly over a year. He was confined ia a corner of the granary. The person who went tu feed him had to keep at a distance, be was so violent. Roderick, a brother, was deranged. His brother Lauchian took him and built a cottage for bin, in which he kept him coained. Believed he made his escape; that he was not loosed by Lauchlaw. He then went to his brother Roderick, who‘was himself deranged. the westward; did not see him for a year afterwards. Saw bim after that about five years ago. Ile called at witness's house to ask his ad- vice whether he had better labour to earn money to buy a horse, or go to farming at once; he was then more rational. He went to Nova Scotia; he returned; saw him on his return in October last was a year; asked him to allow him to come to his house; said he would.work if he gave him some clothes. He set him to work; he remained six weeks with him. person about some forged bill.

He worked steadily, but he would sit for two hours together in the house without moving or speaking. He would start up, run tothe karn or to the weeds ; dance and sing. To ask him a question he would give a short answer, but immediately fall of when pressed, Has seen bim strip to a tree in the woods and box with it, and also strip and box the bira. When worked hard he was then best; slept sound then. Saw him when he was at Lane’s, but not often toconver-e with. Whilst he lived at Lane’s conversed with him on one occasion, when he romanced about some boots; then made a spriog and ran off Le, witness, then remarked to a person that he was afraid poor Donald would do some harm before Lane parted with him. He came to witness in the fall for a pair of fanners, which he

t upon the truck himself; this was a very few days befure Lane was

ied. In witoess’s opinion prisoner is insane, and has beew sev fora

_ Bunber of yeare mast,

Cross-:xamined by Attorney Géneral—He offered to work for witness for about six weeks; kept bim to do so. Has seen him take off his coat to box a tree, and take it off to box corners of the barn He romanced a greatfdeal. What he means by that is, that he talks non-

He then left Vernon River, and went to |

During that time he went twice to town to see, he said, some | distance from the house; the prisoner either took au axe with

sense. Has beard him talk as if he was conversing with another. Was net afraid of him. It was foolish in him to keep him, knowing his state of mind. Showed no bad temper when with him. It was last October twelve months when he hired with him; he then went tw hire | at Murray Harbour road; he afterwards came tc Lane’s. He never} cslled at his house whilst he lived at Lane’s. Witness lives about twenty-five chains frum deceased’s house. In speaking of forged bills, yoa could not follow him up; be diverged from the subject. He com.) plained of the shoemaker, net of Lane, about the boots. He looked | worse then than formerly. Judged from his general appearance that the man was ‘0 insane he was iucapable of dving anything for bim- | aif. Cannot say he did not know right from wrong. When with him, | ifbe ploughed and he desired him to drive the horses well, he would | drive so as to spoil the land; desire bim to drive slower, he would go sv si was hardly to let the horses move. He appeared anxious to do as} he wished, but did not seem to be able to comprehend his orders.

Joun Rocue Buxwe—eximined by Mr. Polmer.— Knows | prisoner—his family lived ac Vernon River. Recollecis hi. favhe:’s death, —he then ecvntinued to live with his mother. In| July jast saw him near lis mili. He asked witness if he wantec any person to mow, —said he had a mowing mache. He then eaid he supposed it was the best to mow with,—said he knew when his, Prisoner’s, father was wronging witness, and that his father was then in hell paying for m. and the devil mend him. He then jumped away, Feit no inclination to give him work after this. |

Cross-examined by Attorney General—About one o'clock when he met hiu,—parted then with him after their Conversation.

Avexanpen MacNetii —ex mined by Mr. Palmer. —Knows prisoner,—knew hin when a boy. lle was tied and confined for some years. Saw hun afterwards when he worked at Mr. Munrve’s. Saw him working at Sabdine’s cutting nay. He «mowed several swarths in an extraotdinary inanner, flourishing the scythe. He cast dowa the scythe, ran up ta the witness, and said he wanted him to go an errand for him to Murray Hirbour Road, to challenge Wally Ross to mow, Witness said if he got wo other person he would go for him, said this not to offend hun, saw him in the evening; to keep on good terms told him he cou!d not go. He said it was no matter, Sabine would go. Afterwards saw him. He said Ross was a coward ; said he could cut four or five acres a day. When he lived at Munroe’s, has heard him in the woods, romancing and talking as if with another person ; has listened to him a few days before Lane was killed ; came and asked hin about a rake ; talked sensibly at first. Said his sister was going to be

Vaniderstine had caught a large trout ; said there were three sons of McKay in West Indies; McKay would aot pay him the wazcs due him; explianed a forged bill to meet hun here, and talked more nonsense. Believes prisoner not in his right mind ; not so in July or October ; as bad yesterday as when he was confined by him,

Cross-examined by Attorney General—Saw him when he lived at Munroe’s; he refused to shoke hands with hin last July. Told him if he did not come back and support his mother, he wou'd lose bis land ; he said he did not care ; did pot see hun whilst he lived at Lane’s; did not go to Lane’s to see him then. Yesterday was the first time he saw prisonet since he was first put in; asked hun about Lane’s,—asked hin who brought him there, —asked if he knew James Collings and Joho Jeukins that brought him there,—asked how he left

Lane’s ;—he said he told him to go away—said there had been

some dispute with Lane about cattle. lle broke loose from hun whilst he had him confined, or he could not have let hoa go. Kuew by his features, when he saw him in jail, that he was bad in his mind—not the same countenanced man he was before he became insane. He is about 30 years of age ; was 22 when he became bad in his mind.

Joun Lawson, Esq., Q. C.—In this case [am of C uunsel for the Crown. ‘The dusies of Jurors are at all times arduous ; still more so, when upon the result of their deliberations the life of a fellow-creature is depending. 1 agree with the learned Counsel for the prisoner, that it is your duty to guard yourselves from any impression which piy fot the widow or the father of the deceased might be likely to excte in your minds, and trust that you will be guided by the evidence now offered before you, and by that alone The first question for your consideration is, whether a homicide has been committed ? and of that you cannot have the shadow of a doubt; the next, was that howi- cide committed by the prisoner? and that you cannot, when you consider the evidence, | think, hesitate to answer in the affirmative. Thencomes the most important question, wae the prisoner of sane wind when he toflicted the blow or stroke which occasioned the death of William Lane? and if so, had the prisoner such sufficient provocation, from the acts of the deceased, as to warrant you in bringing Im a verdict of mane slaughter? The facts of the case are very few and very simple. The prisoner and deceased stvo! in the relation of servant and master. About 10 o'clock, on the mormng of the 20th of Octuber, both parties went into the stable which 1s at no great

him, or there was one im the barn, with which he had been previously working. A hawmermg 18 heard and nothing is seen of either, the prisoner or deceased, until Mrs. Lane, the wife of the latrer, opened the stable door in order to summon both parties to dinner, when the first object that met her eyes was the dead body of her husband, lying in a pool of blood, with his head cut in the manner she and the other witnesses hive described. The prisoner was not to be seen; tt is in evidence befure you that footsteps wide apart and deeply tu- demed ia the ploughed land, as if some pergor in grest haste ned passed ever, are discovered leading to a wood which was near, he prisoner is afterwards tracked to the house of McGrath, several miles distant from Lane's house, whither he had come in a heavy rain in his shirt sleeves. You have heard the manner in which he was accosted and the reply he made ; and | am satisfied that when you look to the whole of the evidence, you can have no reasonable doubt im your mind that

the deceased caine by his death from blows given with an axe

in the hands of the prisoner. Asto the manner in which these blows were given, you have the evidence of Sabine, an intelli- gent young man, who has so minutely deseribed the station of the place—the unfinished box at the head of the stall—the manner in whick it was fasiened—the nail underneath that had apparently received but one blow —all leading you to the same eonclusion that the witness hunself came to, viz: that the fata) blow must hive been given when the deceased was stoop- ing down for the purpose of driving the nail upward. The situation of the wounds, particularly that on the temple, are in cortoboration of tne correctness of this view of the manner of their infliction ; the deceased must have been therefore off his guard, and the blow could not have been given either in self- defence, or the result of a previous quarrel, of which there is no evidence either express or implied. Feeling satisfied that you will have no difficulty on ths head, { will now turn your attention to the evidence which has been adduced, and relied on as exculpating the prisoner from the crime of murder on the ground of insanny, Let us first see what are the different degrees of insanity. (The Counsel then read several extracts from Roscoe on Evidence, and Forsyth on Medical Jurispru dence.) If the prisoner is insane the particular species of in sanity, under which he labors, is that of monomania or delusion. He is a day-dreamer—talks to himself—carries on imaginary conversation with others--1ind has an idea thit he is in some measure connected with forged bills-—and a man by the name of McKay, in Pictou, still he isa responsible being. ‘The law on this point has been clearly laid before you by the learned Attorney General, ‘The question for you to consider is, whether he, when he committed the act in question, was capable of knowing right from wrong? That he was perfectly well ac- quainted with the consequences of one man killing another, you cannot for a moment doubt. His conversation with the girl, Hayden, is conclusive on that ground. He is reading a cise of murder in the newspaper, and he puts the case of a crazy man and wise man, in which the crazy man kills the wise man, and he comes to the conclusion that nothing could be done to the crazy man. Leaving the reasoning out of the question, it shows that he knew that if a man committed murder he would be liable to punishment. One of the tes's of madness is this very

tion with the girl, Hayden, he meant himse f. confession it is not the first time he has taken human life. He says it was in self defence, another convincing proof that he knew the difierence between murder and manslaughter. Dr. Jenkins tells you that he did not consider him insane until the day previous to the commencement of this trial, and LT cannot but remark that it was exiremely clever in the brother to allude to the particular species of delusion in the presence of the medical min. ft must not be supposed that the counsel for the Crown are anxious for the conviction of the unfortunate prisoner. God forbid! But they have had a serious and solema a duty to perform, and they seek only at your hands such a verdict as you can reconcile with your own consciences, after hearing and deliberating on the evidence and the law as you will receive it from the learned Judge ®&ho is trying the case. If you believe that at the time be committed the homicide. he knew pot what he was doing, you will of course acquit him ; bur I confess that atier all that has been testified as to his knowledge of right and wrong, of the crime of murder, and of the consequences atten: dant voon the commission of that crime, | cannot see how you can come to any other conclusion but that he is guilty.

His Lordship Tur Ciee Justice then proceeded to sum up the case, and in doing 30, carefully read over and commented upon all the evidence given buth for the prosecution and the defence, and also laid down the law clearly with respect to insanity, and pointed out in what cases an under what cir- cumstances it discharges a party charged with the commission of acts of violence from accountability on their account, leay- ing it to the Jury to apply the facts given in evidence to the law, and to return their verdict accordingly, after serious and ‘careful consideration. The Charge cceupied upwards of two hours, and was listened to with the greatest attention by the Jury and all present on the occasion. E

The Jury having retired, returned after a short absence with a verdict of Guinty.

On the 20th January the Court proceeded to pass sentence of death upon Donald MeNeill, and the 18th day of February instant, was appointed for his execution.

Correspondence.

(FOR THE EXAMINER.) To tue Eprron or Tur ISLANDER.

Sir,—Amongst the compliments which you bestow on me in the Islander of the 29th ult., you say that the indulgence of 1816 is no forgery ; but that it was the duty of the Prince Regent to follow the advice of his ministers to indulge the lurdly grantees, &¢. It is not allowed by the British con- stitution for the chief magistrate to set such an example of injustice, as to indulge one party at the expense of others, although it may suit your place to say so. And I believe the proper way to detect a forgery is to compare the suspected decament with another, which is known to be authentic. I shall, therefore, give the authority on which this Island was granted, as given by Walter Patterson, Esq., when he was Governor-in-Chief, as follows :—

‘‘Isnanp ov Sr. Jouxn.— Whereas His Majesty, on the twenty-sixth day of August, one thousand seven hundred and sixty-seven, by his Order in Council, was pleased to approve of and confirm the proceedings of the Lords Commissioners for Trade and Plantations, upon a plan which had been approved of by his said Majesty in Council, on the ninth day of May, one thousand seven hundred and sixty-four, for the settlement of said Island, &c.: Now know ye, that I, Walter Patterson, by virtue of the power and authority to me given, by his present Majesty King George the Third, under the great seal of Great Britain, have given, granted, &ec., pursuant to his Majesty's Order in Council, &e. In witness whereof, I have signed these presents, and caused the seal of this Island to be thereunto affixed.”’

The above being the authorities upon which the grants of the Townships were made and their conditions fixed, I give below the authority for the indulgence of 1816, which is said to have altered the principal conditions, by a proclamation of Charles Douglas Smith, Lieut. Governor, ag follows :—

‘s Whereas by my proclamation, issued on the first day of October, 1816, it was notified that it was intended, on the part of the Crown, to fix a scale for the future payment of quit rent,’’? &c. ‘* And whereas the Right Honorable the Secretary of State for the Colonial Department has, in a despatch bearing date Downing-street, 30th May last, com- municated to me that his Roya! Highness the Prince Consort has, &c. Given under my handand seal at arms, C. DovcLas Sairn.”’

I have marked the several authorities in italies for com- parison. But before we compare it is necessary to keep in view, that the King in Council is the highest Court in the realm; and the members are sworn to advise the King to do justice, and are held answerable personally for their advice. And in the disposal of the public lands abroad, for the settle- ment of Colonies, they, with the assistance of the Lords Com- missioners for Trade and Plantations, are to keep in view that the Colonies shall be settled for the honor and support of the Empire in general, and for the well-being of the intended in- habitants in particular. Now these high authorities decided on oath, that the conditions were a necessary protection for other subjects, and declared to the grantees that unless they settled their grants with the foreigners required, within four,

T

years from the date of their grants, their grants would be void |

and the lands would revert to the Crown ; and that declaration prospects

honored representative of his and our most gracious a dignified silence, in spite of the peculiarly unchri one may say, diabolical slur cast on his religious

I fear that ‘* public morality’ in this Island, quite ‘‘asleep,’’ as your cotemporary charitably sy hardly well awake while it countenances such 4 viru tarian, mischievous, bad-spirited, pitiably-conducted pg the Protector of thiscity. Enough said. I will leave tor Protector”? and his, their, or its, low blackguardiam tg ‘‘our rulers and their frowns.’’ It is not easy to imaging what would or might be said or written supposing the Goyer, nor of Nova Seotia, or any of her ‘* Honorables,”’ + to’’ at organizing anything, when such an organization Presbyterran Witness is endured, in its immoral course toned disloyalty and unchristian Puritanism,

Hoping that my four year old colt, ** Young ‘* may bear patiently his sort of work’’ at our next autuma mecting, and that I have not ‘‘ mistaken his mettle,”

I remain, dear Sir, yours very truly, Ch. Town, Jan. 20, 1858. Bo TROTTER.

-¢—»>ee so --—————_—___——

Sovereign,

low.

ig }

Ass in presenti perfectum format in Davy. —Laris Grawmag. Horse-racing, the ‘‘ sanctified ’’ Editors say, In vice every other amusement sur . They forget all the tokens of vice they display, In proving each week they're a race of mere

. Ae .

Ata public meeting at the Head of Hope River, Lot 22, held on the 26th instant, the following Petition was wnapi- mously adopted and signed by those present :—

TO THE HONORABLE THE HOUSE OF ASSEMBLY IN SESSION CONVENED.

The Petition of the inhabitants of Lot 22 and vicinity— Hemsiy Sueweru,—

That your petitioners are of opinion that the proposed Municipal Authorities to be established throughout this Island _ would not at present be beneficial, but injurious to the interests F of the people. That the chief and almost entire productive — industry of this Island is Agriculture. That owing to the new and infant state of the Colony, and the small proportion of its soil brought into cultivation, its resources are very limited. That the contemplated additional tax of five shillings per hundred acres on land, and two-pence on the pound on the annual value of certain other property, whilst adding to their burdens, would not, they believe, much more than pay the working expenses of an efficient municipal organization,

Your petitioners therefore pray your Honorable House to take the premises int» consideration, and that your Honorable House will not impose municipal institutions on neues un- willing to receive them. And your petitioners as in duty bound wil] ever pray.

Also, at the same meeting;-éhe following Resolution was submitted and unanimously carried :—

‘* Whereas the Committee of the Royal Agricultural Society have expressed their intention to petition the House of As- sembly for a grant of money in aid of their Farm: And whereas the Suciety has drawn annually large sums from the Treasury of this Island; and as this meeting, while admitti its usefulness to a certain extent, is of opmion that the vantages and benefits accruing to the public are not equivalent to the legislative aid given to the said Society: And whereas the late and still existing monetary crisis in this and other countries is depressing the trade and resources of this Colony, and affecting (this meeting presumes) its revenue: Therefore resolved, that this meeting deem it expedient that no greater sum be granted to the aforesaid Society than shall be equal to the amount raised by it by subscription for the last year past, and that the inhabitants of this Township petition the House of Assembly to that effect.”’

Ordered, That the above Petition and Resolution be sent to one of the Island nanapeney with a request to publish them, and that the others will be pleased to copy.

By order of the meeting, ROBERT SIMPSON, Chairman.

Jan. 27, 1858.

+

GREAT FEED AT PEDDLINGTON.

Our worthy bost of the Saint Eleanor’s Hotel spread a sumptuous feast, a few weeks ago, for the hungry aristocrats of Peddlington, Among the distinguished on the occasion, we noticed Dick Dandy, Lord of Richmond, Count Dossey, A. Cock Sparrow, Esq., his grace Duke James, with many other notables of the ‘* upper ton.” After the disappearance of the viands, the cloth was removed, and the hot punch emitted its exhilarating odours. Lord Richmond, amid great jingling of glasses and stamping of feet, rose and addressed lis admir- ing friends to the following effect: “ Gentlemen—abem—I say gentlemen—ahem—I am proud (hear, hear), [ am ex- tremely proud, gentlemen, (cheers), to see so many friends at the festive board this evening, the more especially as me and another gentleman, whom jou al] know and re- spect, undertook to provide you this substantial treat, whieh, I hope, will not destroy in any of us our relish for herring during the remainder of the season. I wish, gentlemen, to

advert briefly to the present commercial crisis, fraught as it ‘is with so many disastrous results to the nation. Gloomy as

are at present in the commercial world, I cannot

married to Benjamin McMillan, Belfast, and he was going to | reasoning faculty. A mid man, says Locke, is one who draws . . , frni ; aol fi lose his land ; spoke of his bad shues also ; did not present the |@ sound conclusion from false promises. Here, however, and | W28 also to inform other subjects, who wanted land, that if refrain from congratulating myself on my having the fore- in tha hypothetical case respecting the robbing of Mr. Mc-| the grantees failed to settle their grants with foreigners, sight to forestall them and close a lucrative business. You

eppearance of being in Iiquor; considers him notin his mght Pr

Laveutan MacNemit—examined by Mr. Palmer.—Is a_ brother of prisoner; he is younger than witness; father died | 30 years ago; prisoner remained with mother tn chirge of | farm ; he is about 22 years of age; at that time he conducted | himself very weli, until the house was burnt, about eight years ago. He was steady, sober and industrious. In Maich after the house was burnt, his mother sent for him ; said the stock | would be lost from the way prisoner fed the cattle ; saw it was

the case, they were so poor and reduced. He was going round | men are prone to. [tis stated of the late Lord Dudiey and Ward.

in acircie ; would not speak to him, waness. He reduced) biunself by nut eating or drinking, was miserable in appearance ; | esked his mother to wateh him. Was in the woods in April | atier, when line mother sent for him ; told um prisoner would pot | keep his clothes on; found it to be the case. He stripped | niked, and would not clothe himself, Went away to get ussistance; they sent afier himto say he hadjyone away; searched | fr him ; found him in the outhouse ; he would not speak ;

found him with his neck cut~—a bad wound in it, a razor the Jury to consider was whether the prosecutor, who had been |

Isuac, he not only came toa sound conclusion, but his premises are in both instances correct; his mode of reasoning ts pre- cisely the same that you, as jurors, would use if empanelled to try the cases put by the prisoner. Great stress is laid upon the habit of the prisoner running out inte the woods and talking to himself. | much fear that if this habit were a test of madness, very many of us would fall under the same category —inyself among the number, ‘I'he truth ts, that it is a very common habit — weakness, if you will —that sedentary, studious and reflecting

that he would tel! people to their faces what he thought of them, unconscious all the while that he was giving utterance to his own thoughts ; and yet he was never considered either a foo! ora madman. That a man may be under a delusion as to particular points, and perfectly sine as to the common affiirs of Ife, is well known ; and the cases erted by the learned counsel for the prisoner goto establish that fact. But these cases have no bearing upon the potnt in question, ‘There the only thin

alongside of hun, Brought him to his own house; he sat confined in a madhouse, and who laid preferred a bill of indiet-

without speaking the whole day. About durk he began to be | restless, He moved to the chest where he. witness, had put | away all weapons fur fear of hin. He attempted to break open | the chest. Brought McDonald to waich with hun. and McDonald fell asleep.

getting a nad from the- wall, and they had great difficu'ty to | gullty.

Both he | aod they were acquitted. When he awoke found hin murder, there ts little doubt but that he would have been found

ment against Dr, Willis, for asseult and false imprisonment, was)

really and truly insane or not. If he were, ther the parties indicted were not guiliy ; and the questien so adroitly pat, proved the fict,

Aduitting that the prisoner labored under monomania,

get it from him. Charmed hun next day, He was quite mad. | there is no evidence to show that he was subject to that species

Crown; and consequently would be at the disposal of Govern- ment for the settlement of other subjects. And no minister, on pain of death, could advise the Prince Regent to grant in- | dulgence to defaulters, which would make the orders in Coan- |

/ to have been settled by the Crown. Now compare the consti- | tutional authorities with the forged proclamation. rantees

/duced the conditions in the grants to prevent the

| making tenants of British subjects, it will be seen that the

a for Were approved of by an Order in Council, an

Had the same witness been tried for) | you wi

plan for the settlement of this Island was approved of by an. Order in Council in 1764, when it was left until the Lords

‘Commissioners for Trade and Plantations had made the their non-appearance. ae long as I can ‘ raise a band,’ to meet our political friends 08 Governor ai} oce

necessary preparations ; and in the year 1767 their

| Patterson’s power and authority to grant the land was given by King George the Third, under the great seal of Great | Britain, and the grants of land by Governor Patterson are ‘given under the seal of this Island; and as all these proceed-

| But the indulgence which is said to alter the conditions of

‘the grants, has no authority that I can see.

Brought Dr. Kaye to him; he remaimed silent the whole of it which is called murderous monomania ; on the contrary |

summer, and would not speak, Dr. Kaye said he could do he is perfectly harmless, gay, and govd-humoured at times, at. nothing for him, Hs legs were crippled with his confinement, | others sulky, much like other men. It is true that his brother. When ke got a little better, he got very violent. Hed to chain _and otfier witnesses have proved that he was at one time, ac- his got a padlock for bim; had to erect a house to hold him cording to theif account, raving mad, and there is no question

him; he said he would be back to build a chimney.

It is one of the triumphs of science in the present

there for a day or two. He went away; heard he was at North day that whips and chains and harshness are all superseded in

ih lie mide bis escape. Went to his brother's house; he followed but that he and they took the best possible means to aggravate | Left him the disease.

8th December, publis

_ bas It is said to be’ au communication from the Colonial Minister to Governor Smith, certified, mot under the seal of this Island, like other

proclamations, but under his seal at arms! And, although | I am sure, do ail be can for us,

lour glasses and have a jolly good time.”

it is of no authority, yet it becomes a forgery by those who ave made use of it to ensnare and defraud the inhabitants.

I did not intend to have troubled you to publish any more letters for me, but as ed in the Jslander of the 29th, is not

oe have asserted that my letter of the |

cil a lie and a snare ; or authorise such defaulters to lead other #?'§ subjects into bondage, as tenants, so as to deprive them of the_ brains as ear-wax, (app!ause proceeds of their labor and indastry—men who had aright men. D—n the mas, he is a thorn in our side.”

forg { e with feelings of high gratification that I meet y On reference to the constitutional authorities, who intTo- this a eeelee Bo 8 ,

when it is to be | ings are on the authority of Orders in Council, authenticated still to hold all the lat offices by the great seal of Great Britain and the seal of this Island, are to \l allow they could not be altered by any /ess authority. defeated, I have no doubt but the Island will lose some 0 its

within the time specified, the land would be resumed by the | must not think, gentlemen, that because I am back to ike old ‘quarters again, [ have been driven here through necessity. You are aware that Mr. So-and-so, down the street, told me

I was a conceited upstart—a mere parasite of the ‘ codfish ristocracy’ of Peddlington—and that I had not as mach )}; bat you know us both, gentle-

“ Gentlemen, it is ou here on although I regret that the number present is much less than at our last annual festival. I do not know how to account for the absence of many friends who were it vited. Times are hard, gentlemen. This may account for As for myself, I am determined, 9

His Grace Duke James then rose:

asions where a social glass can be procured and enjoyed and where we can talk over political-matters uninterruptt by these d———d Snatchers. Gentlemen, the time is at ecided whetber the so-called Liberals are in the I-land, or whether we have a finger in the pie. Should our party be agai®

most useful avd patriotic men. I, for one, will leave the country. Something must be done, gentlemen, witheut delay.

Had we not better get up another Great Indiguation ha wi

and admit none but our friends? My friend at my right In the mean time, let us

We have been informed that our friend, the host, was sar- prised the following morning on finding two or three of t guests, who were his nearest neighbours, fast asleep under the

the treatment of the insane, by other and more rational methods "Ue, especially that part of it relating to the forged indul-

of cure. He, however, recovers of this madness, and afier S°MCe, it Secomes my duty to show by proof, that the indul-| table. having been some time away returns to the Island, no longer 8°NCe 18 OF no authority whatever ; and consequently becomes UP “ through mud 3 a raving mad, but to all appearance a sane man. Not only does * forgery by those who pass it off as truth, for fradalent) won’t you give us more punch ?” “ Yes sir, yes TEP

bound ; he was returned, bad as ever; saw hina few days after eed passing, —ran to head hun,—overtook him,—offered to shake be apply for work for the purpose of supporting himself, but PEFPoses. I therefore send a copy of this tothe papers which “ mine host,” and suiting the action to the word, p 4 WAITER. —