Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1859-04-12
Prom the RlehmoaA Dl=ps.eh 81 hsaasy
Trial Of Hon. Daniel !. Sicklee.s
TCONCLUDRD RROM FIRST Pl0E.

I
| terer hateth his neighbor. Had Sckles . worse
| foe than Kew Had Key como 70 him and sunk
his stilesto In his heart he had been msrcifal to
! him. lie came to him in the garb Of friendship,
and committed. under that sacred social tie the
most heinous aud sneaking Of crimes. Those ci-
tations from the Bible proved that female purity
was no. to Be violated and thst II piety to hea
ven TO defend II. II. he said the prisoner goes To
| the Judgment seat of God. with other sin that
OF defending his wife's purity. he will 30 well
great tribunal. What was the defendants compact
with society," 1t was that he should give up so
much of his liberty society should render him
back. II there is no other protection than basty
action OF damages tho wives Of the people were
bndy protected indeed. Lot this be 10, aud let
the coins of the adnlterer soothe their wounded
feelings lilo defed the counsel to give the case
Of IL British jury not finding verdict Of scquittal
in a case Of tho killing Of M adnlterer. He read
from n famous case. that Of Manning's. to show
that at tho time when it the purpose to make
the royal the largest there existed an in
-nciive shame at burning the hand oi man who
slew the adulteTer of his wife Also, from 18th
State Trials, page 10, as to the same point and to
show that it the greatest Of crimes To scduce
II mans wife, and had been regarded through
centuries. The adulterer brings bastards into n
family. and puts tho offspring Of a mans loins ON
nm equality with bastnrds. The acts of tho adul-
tcrer IN ures posterity.
Think Of tho District ATTORNEY coming into this
Court and hunting down petty criminals and then
going out and compelling even Heaven to turn its
mccnganst him for the enorpity OF his crimes keep
ing the burglar out that tho adulterer might enter
Chctroyled, IL State Trials, 3O6 lie had shown by
tho bible that the greatest of crimes was that Of IA.
.lultory. Fostor. 295.
Reference was also made TO East = Comment Ia ries,
to show that the proyocation Of adultery was too
great FIR human nature 10 bear in the first trans
port Of passion discovering the evidence of that
adultery md To show that no jury in general
diet. ever condemned n man for standing in defence
Of his wife. 1t was folly topunish man for doing
Whit be cannot help doing.
The fourth question WINS to the reason Of and the
. meaning of he old rule that the husband who dis
the adultery STAY either the adulterer or
the adnltcress. lie may pick from them and Stay
either.
If the husband waits ill he catches the adulter-
in the act, he will never have the opportunity
To defend his from the infnmy which attach
to this most horrible Of high crimes. The
question to lc contcm lated was whether tho hus-
hnul Is rntcrcly satisfied of the commission OF the
adultery. The rule reducing tho crime to man.
slaughter was tguratIye one All that was re-
'Iurcd WAS mputalon and circumstances lead
NJ directly to the very door of truth justify the
&iing.
Where the man who did not contemplate
ia" honor Of his family. ~ it passed from genera
ton 10 generation. with the same loyalty that the
honor II the crown would be contemp plated in pas
sing from father to sou? Let the same loyalty
phicl, attaches 10 II nations queen attach to the
,luccnal every family. Should every door be
swan opru to the ndultercrg Let the mgs Of
81 the law extend to the circle of every family.
We wrrr made in the image of the Great Cren-
ter. Man made to walk erect the face II
the earth.
The last question was what was the rule which
J. werrl the crime to mansaughte which reduced
Il :" the level of mn nc,lnittnl. llere Mr. Graham
quoted the record oi the Earl of Warwick (l02o)
-. to the meaning of the law considered in
""e'ion with the Wiraey'"m cieryinm, or benefit OF
-. clergy.
On tins point still further he referred to 4.h
Blackstone" page 37133, md Foster. 2ss to show
that, with reference Ia this point the punishment
h0r nnu> aughtrr was merely nominal At this
time it Was the province of jures to pass upon
general ,crdlcts Hence it must be evident that
'he ritne "i SIN wing nm aduterer would not be
punishable ut all at common law.
We now spoke ~ TO how far the net of the prs-
uucr generated him from the consequence Of
the law.
It was contcndel that at the timc the crime was
committed tho state of the prisoners mind was
such perfectly exonerated him from legal con
icqu'nceS. Disease OF the mind rs of the body.
VAS most mysterious ,istor--they were precise
" of Identical character The ailments of the
m,nd came on ms suddenly and mysteriously rs
lid the diseases I" the body. On ths point refer
"arc made to the first volume of Hale, page
80.
The jury were not to he too savage on tho one
hand. too feeling the other. The defence
,.rcmed that this presented an instance of I'M
.,pNcrnablc passion. That is II passion in proper
won to the cause. As to this point of ungoverna-
hle passion. reducing killing to manslnughter,
the .lrahcr referred to instances as laid down in
the law IA found in Chief Justice IIot's law re-
ports.
lie also quoted from Fosters Reports for the
definition of murder and manslaughter.
Mr.. Sicklcs did not net in cold blood. lie knew
when he met Mr. Key that Mr. Key was about his
house to make an asslgnntion with his wife. lie
knew that Mr.. Key had hired Il house but few
blocks distant from his mansion TO CRAFTY his base
passion. lie hired house in n locality inhabited
10y blacks, and awaited himself OF the legal fact
that what would be there was not seen ut ALL
Mr.. Key armed with all the things necessary
carr, out his adultcrois purpose with his hand
kerchief and opera glass. with which he could
peer into the bosom of Mr.. Sicklcs' family. One
If the items of the defence will be that Mr.. Key
was "A man who was in the habit of carry iny arms.
In View of this knowledge, Mr.. Sckles knew why
Mr.. Key there at that time. II Mr.. Sickles
was in any stage Of passion, that too great
state of heat for II man who before him the
we'll known seduccr of his wife?
Mr.. Graham quoted from State Trials to show
the state of mind necessary to constitute n crime
in such case.
The speaker spurned the idea that Mr. Sickles'
mind was in mere state of passion. lf he WAS
human. the moment his eyes fell on the man who
had betrayed him, he would have been transported
ut once, and he would become the creature of his
instincts, ms he no doubt was. If the provoca:ion
greater than human nature could bear, he is
equally unaccountable in all the circumstances of
the case.
Was the deceased in the peace of this commu-
nty-was Mr. Sickles moved md instigatel hy