The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-17

cbngn 8e intervening circumstances render the chain
con?re, and certain facts happeniog NO matter what
hs 1nnDee they become part Of ths fscss they quail
~ Ne:er when The adultery took place, the question
%, vhs3tN nrst come to his know'sdge' T6s saetms
tcak ee. when the husband nrst heard of It, II then
took poo bofcse bis eyes, He was the witness ol his
vueS 9ane, and in Imagination coud carry himself 70
has peo4 q Time when on her bed she surrendered her
ss ssS.sss S ds S Of Mr. Key Ins :ss = sns.
beosns sned Of the fact the night before; his fesoss
were herring and cunDaiiDg through the night be had
bis escfnent forward to The maddsnng posnt and ovey
monsnepe beard the story Of his wifes shame and saw
Iencs q Die facts for which be was placed Il this bar
Another foundation, another ground on which The evi
ceDcs npmtsnt, y that explains The meaning Of the
fopesd dslieto At the time Of his death. He then
mitted eatevy In bis heart against the prohibition ofthe
Good Bod. Now, Key had seen Mr.. Sckies from his
house ad went in ihe direction be knew he would not
edulteIos r. rcOurse with Mrs sick!ss. Gould any
doubt tht this was the true explanation Of the conduI
Of the deceased at the timer There enough the
sresdy 70 show what the waving Of the handkerchief
evidenc9 Why deny the effect Of this waving on the
mind o. the prisoner? Il is testimony TO which are
uens the wss
70 The signal the wife carried from the man
ceased vAs In the habit Of enjoying her bodyf
The - point VI even BY the declaration Of the de-
the status Of hs mind the causes which supernduced
IT, This the counsel maintained by reference the
Of King sganst Whitehead, and other authorities, and
quoted 10 show where prisoner permitted prove
that his participation in criminal act voluntary
We ask continued the COUNSEL 70 be permitted TO show
the Staying of Mr. Key was just as Involuntary though
he was hurried by the violence Of mob; but instead
Of being instrument Of the mob he
In the hands Of his instinct and went forward in the
comm sion Of the act The counsel quoted where
the defence permitted to justify by showing the de-
caraon Of alleged thief at the time OF hs depositipg
the goods the premises OF neghbor and after further
quoting from precedeDts, added--H seems the learned
counsel for the prosecution was unfortunate in dstn
uhpg s the cas sss S% that of dO0s
this pamphlet, s correct, 1t Is perfectly evi.
dent that Jorboe acted on the ground that he
seducer Of his sister This court in te instructions the
ury the should tde of the pri-
soner's mind at the moment the killing occurred II has
been asked the other sde what interest had Mr. Skes
IN his wife st the time he met Mr.. Key, for she then
had forfeited her marriage vowg ask, was not bis grief
at the pitch of despair Nr Sckes knew his wife had
been guilty Of conduct which forfeited her hold him.
he raw the man who cut OF the attachment 70 him;
and henceforth what have been the feelings of
man who deprived OF the richest pearl the caske
in which he had placed his jewels?
Mr.. CaIse-Ihave already distinctly dsclaimed having
entertained any such idea used any such argument One
OF the grounos upon which the proof offered that
the tins Of death actually proceeding
and that the prisoner slew BIN in defence OF his wies
honor and to prevent that crime. Ia this connection
referred to the fast that according 70 the theory Of the
defence he had the day before fully ascertaned that
adueroas intercourse for nearly year had been
ried en- between those persons.
Counsel for defence repedfthe doctrine OF the prose-
one then ought stop with the Coro
ners Jury who found who killed Mr. Key and according to
the prosecution this is the only fact before the jury
eDt has been made 10 show the state OF the
prisoners mind at the time Of the killing Of Mr.. Key.
The intention Important and the evidence bearing on
s proper, then IL seems 10 me the defence s entitled TO
such evidence we are here merely to discover wha.
the coroners jury found to the killing of Mr. Key and
" this coase Is conclusive evidence OF malice and Is ad
msebe tnen the FrefermeDt Of the accusation by the
grand jury, and trial by petty jury, unnecessary In
law But say that every fact whether bsars remotely
nearly the is proper be shown TO enable the
jury TO Understand the conuton Of prisoners mind
the time oI the killing We ask you 10 extend the line
Of inquiry II there is objection, should have
previously urged. II not now for the prosecution,
after experimenting with us, and finding We have
evidence Of the adultery beyond peradventnre to de
prve by means Of teChncaiues OF this benefit ask
the Court 70 review.
Tha District Attorney raplind-The ersanas ON wAaoh
the application made hrs thai the facts recsd
Justification second that they amount 10 legal
proyocaon third, that they competent evidence
connection with the question Of insanity and lastly that
they competent evidence for the purpose Of explaining
the state the prisoner the of the homicide
and explaining the motives and feelings by which he was
atuated The first two grounds could be treated Of at
and the same time The questions Of justification and
povocaton legal questions hs Honor in
connection with the oHer Of testimony. IL had been SAID
such Of existed He oonended that the ques.
tions were the fame substance The proposition here
plies the truth Of facts offered In evidence II 70
taken by bis Honor that they uue The
legal effect Of those facts be lily determined
by his Honor ana in tna respect the Judge was perform
iIg The game functions as imposed upon English
Judges Of special verdcs The question here
what meant by the rule laid down in the English
books Of authorities 10 regard 10 the effect Of adultery
Justification The prosecution here did contepd for
doctrine that the husband must witness the nhdety of
his wife. They relied on the wording Of the English au
thories that party ''be found In the OF adultery"
offence Of saying the adulterer would be reduced to
napsisuebter. That undoubtedly the meaning OF the
rule; ii found in the act the killing manslaughter
but the husband says the aduerer the
s murder. The Old masters purposely use the word
"nnd." He could msgiDe that i man witness from
distance-say with telescopehis wifes nhdelity
afterwards say the aduterer he would he excluded from
the benefit Of the rule He had been asked 70 define
line u this rule II was impossible 70 do 80; he might
with as great propriey ask the other define the
line Of what they call the husbands marital rights Tue
law had settled it by declaring that there time
sufficient for the cooling Of the passion the act Of killing
is murder. II the rule to be extended the length
claimed by the other sde TO the ordinary
ust aked what would be the state OF society under
such crcumstancesY If could take the life of
had lusted ior his wife, what would be the condition Of
society was not the part OF the prosecution to stand up
and deiend adultery 1t was grevous crime great out
rage inflicted the rghpf the husband The question
s how party who kills another under such provocaton
here that nssmuch the Good Book declared that
the aduIteer should suffer death, and inasmuch
civil law did not the rights Of the husband were remed
into his hands, He did not subscribe 70 any such doc
He woud also refer " the Good Book 70 show what
bad been almost judicial determination Of thus question:
by the Founder Of our holy religion
Jesus went unto the mount Of Olives.
Ana early in the morning he came again uto The .empe
them.
And the scrbes and Phareees brought hu woman
taken adultery and when they had her the midst
They say unto him, hsEer, this taken in adulte
ry, In the very act
Nov Moses The law commanded that such should be
st0r ed, but what saysst thoug
his they tempting him, hst they might have 70
But Jesus stoopec down. and with his finger
The ground, the ugh he heard them not
So when bey conb uei astip him. he ed up himself
said unto them He that without among you let him nrt
cast stone q her
Ard sgAn be stopped down, and wrote on the ground
And they which heard n being convicted by their CON-
science went out by beginning At the eldest
the last and Jesus was left alone, and the sand
Jog In the midst
when Jesus bad lifted up himself and saw none tn,
seres hath condensed thee?
She said, No Lord And Jesus said her. Neither
do condemn thee; Co. and SIN more.
The whole there recited remarkable In Incl
deDts was, az II were, TRANSPORTATION Of Christianity
itsea TRANSPORTATION 40 glorious ~ that which took
place about the time In the presence Of Noses and
Elias For himself, he would rather have been in the pill
loy Than the position Of the last scribe Pharisee
that pefeDce. That whole exempaca,ion OF
the meaning and spirit Of Christianity. There
was hint there that the party offended might
tale The law into his hands, and be the voluntary