The Nelson Evening Mail. WEDNESDAY, JULY12, 1871.

Nelson Evening Mail, Volume VI, Issue 163, 12 July 1871, Page 2

The Nelson Evening Mail. WEDNESDAY, JULYI2, 1871.

y* 1 — Some lijjjj# difecussion has recently been, taking an the columns of our northern contemporaries on a subject that is one of the most difficult with which our laws have to Ideal. The particular case that has given rise to the present discussion is soon told. One John Muirhead, a member of the Armed Constabulary, murdered a man named Gilfillan, also a member of the same body, at Tauranga.in March last. I For this : offence Muirhead was tried, j convicted, and sentenced to t death. Immediately, a petition to the Governor was set on foot praying that the convict might be reprieved on the grounds that at the time of committing the murder he was not responsible for his actions, being in a state of mad drunkenness. The prayer of the petitioners was granted, and the sentence was commuted to one of imprisonment for life. Hence arises the question, is a man who deliberately, and with his eyes open, drinks himself into a state of temporary insanity, knowing full well that in so doing he is placing himself in such a condition that he may be led to commit a crime of the gravest nature, he having voluntarily, and of his own accord deprived himself of all power of restraint over his actions — is a man in this condition to receive n different measure of punishment to that allotted to him who in his sober senses commits a similar offence ? The one perpetrates the- offence in consequence of a want of sufficient selfcontrol, to resist, the cravirjg for drink, the other because he does not possess the.necessary strenglb of mind to keep his passions in subjection. The latter, sfippqsirte mfirder to be the crime./fr which 1 '4$ -has been guilty, suffers capital punishment ; the former, for the same offence, is imprisoned for life. Should the plea of insanity avail, when that very insanity has been produced by the voluntary action of him who chooses to render himself a temporary maniac? A most "difficult question isthis to answer. It really seems at first sight that one of the two classes of criminals to whom we have referred is as culpable as the other, and yet none, we presume, would feel it right that capital punishment should be inflicted upon one who had committed murder when in a state of delirium tremens. , In this particular case of Muirhead's, it. appears that he really was not fit to be at, laftje ; jie was an incorrigible drunkard, and had several times previously been in a state of delirium tremens, and on each occasion proved most violent. Had thei'e been some law in existence under which he could have been treated as a chrouic maniac, "which he, really was to all intents and purposes, we should never have heard of the painful murder for which ho was sentenced to death.

Harmonic Socmsty's Concert. — The concert which was Jto have taken place tomorrovtr eveningJhsß been postponed until Thursday the, 26th|inst. The Oddfellows. — We are requested to state that owing to the Hall being eDgaged by the Star Minstrels, the members of the Lodge will meet at McG-ee's Hotel, this evening, at the usual hour. Stab Minstrels. — Wo once more remind our readers of the entertainment to be given at the Oddfellows' Hall this evening. Holders of tickets for reserved seats are requested to enter by the side door. , Temperance Lecture. — Ifc will her seen by advertisement that Capfc; Peek will deliver a lecture at the Tomperance Hall, to-morrow evening. v » Captain Peek's profession must necessarily have led /him i into many parts of the world, and have supplied him with, a fund of anecdote which^e. will doubtless turn to account on this* occasion. | StaemerOmeo. — Up to the tirob of our gdiuw to press bo -'news ' v hadf4)een received ;oJF,'th''e ! jQnaeo, r which* aVri^ed-ypff iHjokitika, op,Stiudap last^ufc J owing to £he rough'ne's'a of'tlie sea was unable to hold

communication, with the shore. She had hoisted the signal "Suez Mail" but this, we imagirie^roast mean that she baa^the^ telegrams onlyfoh board, as the mailjwa^ "noWiTue N'h -Melbourne before Thursday^ last, and she must have left certainly not later than Tuesday. The Late Accident.— lt is with sincere pleasure that we . are * able • ;• to state that the accident which we yesterday reported as having happened to, Mr. c Manson Sinclair has ! assumed a more favorable aspect than could possibly have been expected. ..The' patient passed a quiet night, this afternoon the doctor succeeded in extracting the bullet which was found in the buck between the sixth and seventh ribs. Without indulging in too sanguine anticipations, we may now fairly venture to hope that the wound will riot necessarily produce the fatal termination that was yesterday feared to be only too certain.