New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-11

chen over bal! The world ana NstcIe seems ooe" az
yckea dreams atuse tic curtains q sleep re steas
,orth 70 the scccn phsh nent Of bis bloody de'ign-
afraid Of his Ovn movements be is compelled 70 al
dress the ear tsed IN tde language Of snpphcehoo,
and srtTeGt Il 10 hear not my steps when way lney
wslk FOR fear the very stones prate o. my soerea-
bou4s" II between TIE act ghich has placed the
defendant 10 his present condition and the act Of
criminal Ike that, you cen trace any tnhsrlty II VA
BE- for yOu 70 institute an peIiect the compaspn II
il not il ny power. There are some other matters,
gentlemen to which I shsD very briefly alluie, be
fore proceed 10 the dtch.Tge Of the important duty
which has been cast upon me BY toe concurrence o!
nv learned sssOciates on the part OF the defense,
ard the only regret can e1peI ence in enterog On
the discharge Of tais d0ty s that sos. be called upon
10 impose upon you . heavier tar than under otner
circumstances would be reconciiabe with propriety.
There's are some features u this trial, gentlemen,
which are 20 be borne IN mi1d By you at tbs time
In the first place, a most extraordinary occurrence
trsbspired in the impanLeLBg Of the very BODY "nca
il constituted by yOUTseiyet You have heard the eX-
PLANTATION Of the learned prosecutor in accounting ior
the he then pursued when you were com oeiea
10 witness the spectsele. The COart had no a4erna'
tive but to administer the law. Ihe objection was
matter entirely fJr the breast Of the Dstct attorney
biuseG You we're called upon 70 witness tue moFlog
spectacle Of the son Of misOrtuDe beng thrust nom
bis rights for other reason than because ne Aso ha
the misfortune 10 be unfortunate another feature "
ting case Won will remember. The learned Counsel Tor
The Government in questioning one Of the witnesses,
asked him 10 describe what be saw o. the Le OF The
occurrence which led 70 the death. ION viii Temeu-
Der that the witness 10 whom the question wac put de-
sired 10 spYcad before the Court add Jury al he saw
ard heard. The learned counsel rOse aIo protested
aeains, the witness stating what was not responsive
10 the question and the gentleman made an adnlssOn
in the heartg Of Court and Jury, which seems st oil
events unfort1nse far a. the prosecution is coz
celDed. The learned counsel Tor the Government
stated be put the question intending the stiffness should
ci,cTminae between what be saw and what he heHd
You will remember the honest Judge on the bench
shall nsver forget the occurrence to the latest moment
of nv existence-his " rds were lot In spirit Of
severity but Of kind reprOof-ssylng, when witness
is put the stand, DO matter how toe qnestoos are
put he must tell the whole truth and nothing but the
truth, sud that il was the duty Of the Court TO
see that the witness Was protected ID STATING oil
the knowledge that he hsd obtained lie there any
thing in this that it should be tried IN the way It
bss been Why were all but property holders eI-
Guided from the Jury Why did the counsel for the
prosecution examine the witnesses in particular way
go as TO excuoe from the Jury particular facts which
10 gbt in the examination of the case, go IN favor OF
the defendant IL must be for yOu 70 account tor these
e1traCrdirery features in the prosecution. another
strong feature about the trSl is the appearance OF as
distant counsel the part Of the prosecute on an
informed That this extraordinary counsel was not
sssisued by act of the Government, and It will be for
you 10 cay how far this case iostltes It, Another fea
tore ia the extraordinary character OF the opening OF
the learned rse which was an eloquent prOducnon
rejecting credit on the mind from which il emansted,
and wss stamped bya high order OF ability but 1t
will be for 20 ssy when you pass upon 1t In REVIEW
what degree Of consequence SHAH be gwen " H. You
vii notice bis extraordinary EXPRESSIONS such Is the
prisoner GO ming ~ the carnival If blood "a walking
"magazine" "sddiDg mutilatiOn 70 MURDER "as
Though be had dagger in his hand, ready 70 plunge
1T in his BOSOM" But why did IL not occur 10 the
learned counsel describe also the weapons IN posses
zion Of aduteTerl For appears ne had gu opera
glaze and white haIdkerchet-srticles us as certain
Of causing death 10 the sou.erer rs the Weapons of
H. defendant causing death 10 him. Couhse! then
proceeded to define the crime OF murdsr, IRON the
iehest authorities ard siso drew the distinction be
tween that and maDsaUgber the difference beiog that
the ore ia committed with dehberauOD, with malice
aforethought and the other Is committed 10 state OF
heat but the heat Of passion that ought 10 be- on, Is
not controlled, and without malice aOTethought lie
would show that passion which could not be controlled
did not place within the pale OF Accountability
10 the criminal lsw. But the great question 49, what
the state Of defendant mind at the time ne sew
the man who had contaminated the panty OF me wie
IL il peIft CITY immaterial how death Inflicted
whether by one three shots; whether the mau was
killed standing up or lying down. The question 49,
what was the Influence OF the pr0yOcatiOn on the
mind of the men who slew him What was toe men
tai condition Of the defendant az the tine he took the
life Of the deceased After reading from legal authon-
ties the counsel added; If you can lind verdict
against the husband VINO Stays him VINO volstes his
y, eIraee bed then address gentlemen who are fer
ert from what suppose them TO be. have gwen
con o. definitions of the crimes OF murder and man
.yIsnaIt y. 1t will be for you 10 say whether this
'.aublto within either of these definitions, and is
= a, 80 criminal heNt. IL II be q cTi ne for q |
nr.bs,d to ia end his humble family altar, and death
= ;..tad on hin for defending 1t, then the inquest
amor which can conferred Oh any ren 70 ~ R
bnh W ule su? n smelly: First human laws do not
iolo"lpS @ ,Se emo vment of human rRhtsi second |
~ h divine law IA perfect: though ntt regulated
~ man law. THIRD the olvie iaH attecnes Ee'Pol-
by human 10 ,lscnte which 90 not constitute CRIME.
spilees' 80 are propeIy considered together Oar
10 iieV 80. does not reach every CASE liner" are 4
nrgs IN are not punisneu, and therefore
the only law in such events that Traced IN the hu-
man bosom by the finger of God-the Law OF human
pntute and instinct. When the Law does no. protect
us we are thrown on our iostncts, and have the
riebt TO defend ourselves from wrong Sehpreserva-
ton ia natures first great law and tins he proceeded
TO illustrate. lie maintained that by the Law OF Uod,
the adulterer is allowed TO be slain. Ii be should
know by the Bible thai man has natural right 10 pro-
tect lis wife against contamination, 1t s not IN the
poger Of human law TO take away that night. 10 TINS
district you have provided no protection against
adultery The inevitable result B inst you
are thrown upon the principle OF sel'deiense TO
protect yourselves ard your own. DO you DOT
wish to DE safe against the housebresker no"
much more against the aduerer! The law tells you,
when YOU have been disturbed in your repose al night
You may take the life OF the burglar; but II Gun per-
nits your house 20 be polluted oy the tread OF the
adulterer. The reason why society has not provided
ssanst adultery is that considers 1t night that every
man shCpd defetd himself against the adult rer and
that right ia perfect under The Divine law There Is
nothing in the doctrine that le revolutionary OF SUD
veIsve Of the peace and good order of society There
IL no law in this district which robS you OF your DO
nestle rights. As 10 the Nervousness OF the crime oi
adultery II is stamped on the act by God himself IL
was not necessary 70 justify man IN kihnR the d1ul-
terer that he should catch the offender IN the act but
ouy that he should be near the truth as 10 Leave
10 doubt of his guilt. We resard this as q very
important point. l say that society has mol
protected Won in the chastity Of your wives, It
i proof conclusive that you have natural night to
protect them a. much You have 70 protect your Own
lives ItwOud be outrage on docencyto compare ie-