Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-23

| asked prisoner il il was bailable offence and
prisoner said that If all the facts were known it
must be butterworth entered al out thus time and
said Key was dead. Docs not recollect who ask led
1 him.
Sickles then muttered something about there
being one wretch less in the world. and seemed
considerably excited. Sickles's friends went away
with him, and Mr.. Haldeman and witness re-
| manned.
The witness here said that he would add. that
he was subPoenaed To appear here on the 7th of
April, which was inconvenient for him To do and
le wrote to the District Attorney to that effect hut
w"uld appear on the rebutting evidence Did not
near from the District Attorney; but on the 4th got
a letter from Deputy Marshal Phillips requiring
his presence here on the Iith. Does not think he
has disobeytd the process OF the Court
The Court Thought the witness was excusable
under the circumstances. .|'T'
Mr.. Ould said that Mr. Haldiman was not I'm at
tendance, nor the other witnesses, and that the
testimony on the part Of the United States was ac-
MIR; Brady rose and said that they had Xix ,wise
closed for the defence
After some consultation amongst counsel, Mr.
Carlisle said that he had received from the other
SIDE. copy OF the points OF law upon which the de
fence proposed to rely, but which himself and the
District Attorney had not had AN opportunity yet
prosecution were allowed time 10 examine these
propositions.
After some minutes spent in exami nation and con-
sultation by MessTs Ould and Carlisle the latter
rose and read the instructions which the prosccu-
toa proposed To- ask, being the same as published
in yesterdays Star, with the following additional
ones:
II the jury believe from all the evidence that the
deceased was killed by tue prisoner by means of
lrad-n bullet discharged from pistol such kill
ing Implies malice in law and is mu der That
the burthen Of rebutting all presumption Of NAL
Ice, by showing circumstances Of alienation e1-
cuse, or Justification, rests the prisoner aud IL
Is incumbent on him To make out such circ,iin-
stances To the satisfaction Of the jury, unless they
nf
That any person is presumed to he of sound mind
untl the contrary 10 proved and all burthen Of
renuttlng this presumption rests Oh the prisoner
III the jury believe, from the evidence that the
decreased previous tu the ,iay of his death had
adult-rous intercourse with tue wife of the pris-
oner, and further that tue deceased on the day of
us death, shortly before tue prisoner left his
mouse, made signals inviting 10 II further act or
acts OF adultery, which said signals or a portion
OF them Were seen by the prisoner, and that in
nhenced ny such provocatiOn the prisoner took
the life OF the deceased such provocation does no,
justify the act or reduce such killing from mur-
der to nianslaugtItcr.
Mr.: Brady here rose and read the points Of law
on which the defence proposed to rest They are
rs follows:
First. There is no presumption Of malice in tbi,
case IL any proof Of aHerilfioH excuse or iustiii
cation arts" out OF the evidence for the prosecution
Estate aet Johnson, 3d Jones. 266 Mcdaniel AIT
phlet.)
Second. The existence of malice is not presum-
able IN this il any rational theory consist
ent with all the evidence the homicide was either
Justhabie, eNcusable, or an act of manslauubt,.r
same cases as above cited; United States ait
Minge, Curtis, &c. II. IL Commonwealth a IT
York, Bennett & Ileard's Leading Criminal
Cases. 5U5)
Third. If, on the whole evidence presented nv
the prosecution, there is any rational hypothesis
consistent with the conclusion that the homicid.
was Jnstilahle or excusabe, the defendant cannot
be convicted.
Fourth. III the jury believe that SickIes. when
.ne homicide occurred, fnttnded 10 XIII key, he
(Slckles) cannot I've convicted Of manslaughter.
Fifth. 1t s for the jury 10 determine under all
the circumstances Of the case whether the ,rt
charged upon SiCEes is murder or iustf abl.
homicide k yam scase, = W heeler's Or Cases 81
sixth II the jury lind that Sickles killed Key
while the latter was in criminal intercourse with
the wife Of the former Sicklcs cauuot be convict
ed OF either murder or manslaughter.
Seventh. III from the whole evidence the Jury
believe that Sicklts committed the act but nj the
time OF doing was under the Influence OF a
diseased mind. and was really unconscious that
he was committing crime, he is not In law guilty
Of murder. Days Case Pamphlet, page O.
Eighth. III the jury believe that from any pre-
dispOsing cause Sickles' mind was impaired and
at the time Of killing Key he became or was mem
tally Incapable Of governing himself in reference
10 hey as the debaucher Of his WIFE and at the
time Of his committing said act was by reason OF
snch cause. unconscious that he was committing a
crime AS to said key, he is not guilty of any Of
leI %in WhATsV e; Day case pamphlet page II
state Of Sicklrs's mind as TO capacity to decide
upon the crmiBaty OF the particular act in oucs-
ton the hoInicidel at the moment it occurred
ana what was the condition OF the parties respec-
lively. either rs To scutle to being armed a.,
not at the same moment. These are open ou+s-
tons Tor the jury, as are any other questions that
may arise upon consideration of the evidence the
whole Of which is 10 be taken into view by the.
JuIy.-JarbUe's Case, Pamphlet. u. ~.
Tenth. The law does not require that the in
sanity which absoyss from crime should exist for
la nm A. INIT. Ia
moment when the act occurred with which the
accused stands Charged
Eleventh. II thu jury have any doubt Is to tue
case either In reference IL the homicide or the
question Of sanity, Sckles should b- acquitted
MIR. Carlisle said lie should proceed to state very
briefly Tie grounds on which tue prosecution asked
the instructions prayed by them. The first propo-
sitiOn presented the case Of killing without author
ny by law and where, although the jury NAV be-
lieve the deceased guilty OF adultery II does not
afford JUST hcation in law The instruction further
goes on to preserve the prisoner from punishment
If he shall be proved To have been insane at the
time Of the killing.
AS to the point that previous adultery is not JUS
tihcaton for the homicide in law, Mr. c. claimed
that the extenuatiOn where the parties are caught
IN the act Is simply an exception to the rule Of the
law, and only available where the killing is in
Simultaneous. and that the effect, then is only to
reduce the crime from murder To manslanylter
He had heard authority cited against this posi-
ton on the other side. Speculative writers had
been quoted from GA the other side To show that
"Htft uOts not furnish protection the
husband nature nust-a case where persons are
10 act precisely if i'm state of nature and be
judges Of their own wrongs. The statement OF
such proposition a sufficient refutaton, and
was all the speaker would accord to it, Neither
would he 90 into an argument upon the point held
on tue other side in relation to Divine law. but
would deny that that law anywhere justified the
killing by one man Of another for any injury what
The Sacred Volume, from beginning to end,
denounced such acts Of violence as tins.
lie denied that. even under the Jewish dispen-
satiOn. the punishment uf adultery by death was
anything other than judicial punishment. He
denied that Ii anywhere permitted the husband to
right his own wrong, by killing the adulterer
air. Carlisle proceeded to quote from DIR. Paley
his comments upon the treatment of the AL ulerous
woman by Jesus where DIR. L. observes that when
Jesus asks, - Has no man condemned thee,'i he
referred To judicial condemnation; for in the eyes
OF men she was already condemned, being caught
in the act.
Mr.. CaElisle quoted here from the Greek orr yinal
Of the text. in continuation of his point that the
Condemnation was Judicial. and that there was no
SUE thing among the Jews al that time is private
punishment of ad uitery. "a.
What can be more shocking, more grievous to
good government, than the docIine that the hus-
bInd Is to exercise the right Of private judgment
anu execution. Society could not exist under such