New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-18

s1sspd the hsI no doubt morally or legally, in
stops hs,s sry man, Of the existence oil tbs very
the nDo sb;ch we seek TO estsoh'h oy more PoSlnTe
sdplsiJ nrosecution thought we would have Diff
proof. Ine tbis and that they might get the bsne-
eaky 10 PlVx fsiJars; 10 other words the prosecu-
ct OF s-R;nepted with ne, and allowed us 70 90 70
bon and when they find Us able TO extend tns
rernsp NV ak the Comt 70 say our progress.
prof. aey -hstber the Court csn exclude t1e e7
question = - 10 adduce. We baVe shown the state
Sefe We ~ The accused, and the a1nlJerous sssigaa-
ofhe Key and Mrs. Siekles. The prosecution
toss otsrd the defense 70 show cetsin facts Thic
b% - sssertise the man rae, ana now sJgu
td fM ,his Court to stulafy itself bY restrain
hey ssoT ON the point Of adultery, be continued,
ng ue .Y.,ons fse. and where once sbo On 70 e1si,
iss"n.r.snned 10 overshsdov al subsequent a'soc'-
PTStl e parties. great effort sas mace mere
tSIcs PTadGs assnis sr rdH Necessary for hin 70
eestre III, (our. 70 SAP that he had not lad down
sppsl..,. that any man has night to say an s1ul-
oo cold blood and Is result OF calm dehoeranoh;
Ts.tSye, said be, my views are Oh tuat suoJ7o', l
Mnsi.csly restrained their expression 10 tols case
hsfe ~ sv.rv et.ge Of the case, have insisted
eecs.us., ntt single feature communicating pre-
nss s,;on IN the act which places The Defendant ~
ntH ~ This Court. What have SAD and Wha'
~. .nx and wtst am prepared 70 say ls tais that
fty w. hnshand catches an sduiteTer OF bls VIE,
WEI th act of cotton 30 near 70 that act as u
e Ts N doubt Of bis guilt, that the frenzy "hico
k s,. 90 the husband lie the mode whio1 the Almghy
81. .dored OF turning that husband into ms lnsnu-
pos ~ carving out the judgment wncn lie Dhs De-
mem sgsiS,ttbe sduterer and If toe Bible proves
bo1.k.,a challenge any man who even processes
hynsffR fisi IN il TO gainssy that. say that the
L.shty has u ode with such lostincts tnst tnere
az liam proyocstiOrs 80 operating on us az ina,
ee -, 10 work On u.s. are thrown 90 tnese IN
w. "a that our acts become bu, the execution OF
! ~ is NJ Heaven. Tue learned counsel examined
.hs nTroiples on We Oh great msny csses had oesn
sci6sd At Ter 9Th 10 all these cases the COIrt per
oS he marry 70 trace out the act to the real ca1se
h.e e - M limit OF time. We cay, IN the neXt
ths testimony offered establishes tile truth OF the
J.,ston Al the time OF the occurrences lnaI " us
,,oyes the idea Of mere pretense goes " 'pae
X, Kew had drawn oil Mr. Sexes Wis IVh neI
-. 20 l.vful allegiance, and that Mr.. Sckles dl1
uuo s.u a. seiyu vhs. he uttered but uttered the
~, that the fact existed precisely as no declared
- sod hs declared il Decsus he vas l1iOrmeu VI 10
.5cb say as 10 leave doubt OF its existence. va
What principle, then, was the aelshse no1 ~ "
IA II the defense was that Mr. Sekes sew MI hsy
I'D, a oslnsiop We would prove that he im4ginei
,hs AT and tbey would trace out the origin oil tn7 oe
n,iop Now, as the lsE permits IL 70 % SNOW 'i4'
man can become insane fTon real rs wei as ,ulash-
o. csnss, What difference is there In the Application
~ rIs7 In the time Of Lord Erskne II was only
Sslnson, now il is admitted man can become insane
tno yss enuses If we can shO the origin O our do!n'
sion and all the oircumstsnces, WY are We nOt ca,
filled 70 trace bsOk the state OF Mr. Sickes nnd anl
IN the oauses which produced 1t, although they msy
81 zeal Az il was 10 10 Iec0n with his wife inst
n, sicklsss frenzy or temporary mental unsOuodness
,rose shall ne lot show the extent and character OF
AZ KEYS relation with her Where the act Of tue
1sson6snt wa committed under the Influence OF the
,n,rriaes relation and everything turns on the con-
dnct Of mis- wife why should he not be permitted To
avail himself Of such conduct to shield himself from
conviction when the conduct OF the vile was the
cause OF the TeIzy which snpernducod the &C; Whlc1
Is oonmittsd1 The knowledge OF the adultery OF
Mrs sckes was the propelling power, and was part
Of the re- ges,e. Council then proceeded to make
plsn to Mr. CsIli,les mind what res geSG IA,
and quoted from various authorities TO snow
il was impossible to lay down time to the
rule Of Justification. All the circumstances OF
rham is IL the intervening circumstances render the
chain continuous and certain facts happening, mat
ter what the distance, they become part OF tue iacts
they quality. No matter when the adultery took place,
the question u.s. when did it first come TO his knowl-
dee This lie the time il took plsce, when the hus-
bsId first heard of it Ii then took place before h5
ewes lie was the witness OF bis wife shame, aud IN
imagination, could carry himself 10 that period OF time
vhen on her bed she surrendered heIfen To the az
bssng usts of Mr.. Key The effect IL then produced,
ard that is the sttitude of the defendant lie became
ss6ed OF the fact the night before bis feelings were
lowering and eliminating through the night he had
no sesp-the victim Of grief there was everything 10
drys his excitement forward to the maddsIirg polot,
ard every moment he heard the story OF hts Wlies
shane and sav the infamy bsiore him. IL was the
heshuess Of the occurrence OF the facts Tor Whcn he
vas placed at this bar. Another foundation aroiher
ground on which the evidence is Important ID Ih5t
t1p6ius the nearing Of the waving OF the handker'
chef and places the deceased in fdgT0ate dact0 at
tie tine OF his death. lie then COMMITTED adultery 10
bis heart against the prohibition OF the GOOd BOOK
Now Key had seen MT. S,Ckles come IRON MS houss,
and went in the direction he knew he would no, en-
counter the husband Tor the purpose Of getting up su
A1ulterous Intercourse with Mrs Sckles. Could any
ore doubt that this the true explanation OF the
Conduct Of the deceased at the time There
Is enough In the case already 10 shoH Wh4t
the waving of the handkerchief meant. But
way are we restrained from giving further evidence
Why deny the effect OF this waving on tue
mind Of the prisoner? IL is testimony To which we
Are entitled. ask, If there is any doubt as TO what
the meaning Of the utterng OF the handkerchief was,
Why Lot permit US to prove beyond doubt that IN re-
Orse TO the signal the vile carried fro the man.
Of her husband to the place where the deceased
was IN the habit Of enjoying her body The last point
IL, even by the declaration Of the dec eased himself
the prisoner has the light to shos the status OF his
mind and the causes which supsIiuduced it. This the
counsel maintained by reference to the case OF hlug
against hitehead aud other authorities, and qu0'ed
70 chow where prisoner was permitted TO prove that
his participation 10 criminal act was voluntary. We
AK continued the sell to be permitted TO show the
staying OF MIR. Fey was ust as involuntary as though
he was hurried on by the violence of mob; but In
stead OF beng an instrument Of the mob, he was an
Instrument 10 the hanis of his instinct and went for
Esrd IN the commission of the act. The counsel
quoted case where the defense was permitted
10 lustlty by showing the declaration of an 81
kged thief al tie time Of his depOstug the goods
on The premises Of neishbor, and alter further
qcotlpg IRON precedents sdded-It seems the learned
counsel for the prosecution was unfortunate III dstin
9ashtg the present from thAt Of JarbOe but If
he report Of the case contained in this pamphlet
correct II is perfectly evident that Jarooe acted on
ne sronnd that no temporarily insane at the time
o. the act Of slaylDg the seduoer OF hs sister, Tns
Court IN its Instructions 10 the jury, meant the case
thOnd turn the status OF the prisoners mind at the
moment the killing occurred. II has beeo asked on
he other side, wnst interest hsd Mr.. Sckles in hi,
VIE at the time be net Mr. Key, Tor she then had
hlisited her marriage vow ask, was not his eriet
~ NE pitch Of despair MIR. Sioklss knew his wife