New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-23
THE sICKLES CASE.
RULING OF JUDGE CRAWFORD.
< ES,to, of lac a. \. Tribune.

RULING OF JUDGE CBANfOkb.
To the ESto, Of TAsS. !. Tribune
Sir: Every contested case in the Courts h1 en-
e1trnic Importance. II determines not merely the
Iehts and lab es Of the btgsDt psItes but becomes
prscs dent in future cases. VALE therefore, fdiy
,ecos nzing rule of propiety if not of strct legal
obi, elton, the ussge formerly muco more strit thsa
1t is at present, Of avoiding all preG5suent Of sc,e
wmis on ual, yet, 20 far as principles are involved,
tie settlement Of which may affect future decisions II
is not only allowable, but 1t concerns pubic safety that
they stOu be csnyssscd.
Jferu,pe Of Ju5ge Crawford upon the defense OF
sdule y as al for homicide, s 81 tins cnsac-
ter That such defense is al ni'sb i plt pp,n tne
distinct and Isolated ground that pr ,e il lsle.
ton iof LIlDg the o1eGdsf, one can Prstvni. Yet
IN ttIs case counsel have been permitted % arsne
10 the Jury that tbey ought 50 % nod The c-ns1r-
able character Of such az appeal - the greti-- ~
causs IT, e. criminal prosecution the Jury ait nS1e
iodges Of the TAR jac sDd therefore, sye1 n ths
Judge snCud expressly Instruct them tnat II i no de-
ferse they may mad OtheTSlse and NJ exception h.s'
II may ~ remembered, IN this connection ihat the
lsnieI g our laws toward the defendant 10 crmui
cases Lar been extended 10 degree tGat IL IN srik Dg
coltf-st with the ancient seve1i Of The common l,9.
Csrsi1y there needs nothing 20 be aided - inc al
vaLtages which the accused already he's under the
s.IiClst' construction q law.
n, such sreuhett was, however, addressed - the
Court, nor ~ the decision placed upon coy sncn
ground So fol 40 can understand II, the d7sDte IS
admitted only az bearing upoo the questioL d Inc
prisoIeys state Of D1ihd in the commission 81 TIE
bOmlcne. WHAT he sso az that time eas nr't pnt
IL eViieLCe, sn0 perhaps admissible % part oil
the res srs'd Bat further evidence is admitted upon
the IslOous offer # explaining what vac meant,
followed by pIOpJstiou to shOE al the fsc.s Hllch
lie had n bis mind, This IL allDsed by the Judge
81 tending TO shov that he acted uu1er frenzy
an )urnng 20 inssni'S.
This rnGue mus. have surprised the counsel Of de-
f. .,, ,f,Ir han Z has Id
is not Only 10 admit all the facts winch const tote the
real defuee they doubtless anil presentitto the Jury,
but also upon proof much les, srct t7an @Oaj have
been qDired adultery had been afmi'ted ss COM
pete deie IN itself si greater advantage. hoy
ever lie tbst the restricted mission, OK ratnef tae
partial ground OF sSmis-,blty upon which the de-
cison il placed s preclude, or at least iItsrpose
very serious fcuiiy sg4inst, r.bnltlog evidence.
TIE Jury will then have tue iac,s, and eau msEs
What use them they please, NJ mstter shat ths
Judges Instructors may oe-oG1 the IacJa VII tios
be before them without any cOlUteTo aatchs cTcln-
stances. The decision then LEADS n Thu r sdi: mat
in a csse which may be supposed II pot 1t hypJtn7u'
cally, u mere ulustTstIOb), a>u iAsy kJ tOiJu
ed t. meet defsnseless adversary tina, WITH the
sef which t1s entire security tro danger
sy give him, he may, before n sliIe-s slom ne hat
taken with hm for the purpose declare toe cause TOR
which il about q tske the ife Of hs helplsse VIC
tim, ana that he msy tnen deliberately c1hmt
the murder. We VII tuppJee thai The charge
il aoult.ry but tina, the mu '1ereT himself ~
prof gate IL his O@n hablts the se0uc=T OF other
men 8 wives and dsug nters-tbdt he UFn we, II ~
uocebt before marriage, has, BY a-sJl1t'on WIN sGGn
q man. become be sell hbldlnOus n 4 We, aud III ~
the murdered has been crawn into hsison oy tue
the oil sift instead Cf beng himsef ne ssddcerj
that tue ria for the murder evidence should De or
fered If sha, was said at the time II Vas CON nttel,
and that Ia eontrna ion Of tho ca srte thus made,
written confession OF the WIFE, carefully cTaFu mp
dsy OF two b-ior the homicide, snOut also be OF red,
ara other eyic Of what ha1 been Told 10 tho nus
band.
Now under the decsi N Of Judge Crawford al this
eyde &c oug la be admitted; for s-hougl he has 10
tact IL tbs ruled out snch cOfesslOn yer
unde bis present ruling il 1lG 10 no itcOld
be eIcluced sre the other CirCnnsthn,es n1Vs anu
edo TO- which would be OF contTOcg 'equsnoe N the
opinion any ere would form Of the Trans sct)n. ~onf
be exclud q, IL the aoseJce Of which tho Jlry n gpt
he compelled to acqnit ma, VINO, 10 tue Jnfgm'Dt
of the whole community, is guilty. Sun vii De the
spucsar Of this crclon 10 80 eI'rem. csse, sueh M
We have supposed; aud undertake - say that it viii
be pou, unUed uuteI abe By universal moral sLse ~
Vel ~ by NeLestsb.hed pnociys o junspru '5ncs.
IL free comment rs ever jnstlh1oe vale y CASE 10
p.lirg II in THE css- IN whoa hire has ben
hibt.d much Of outside Itlu e 10 ald Of Tue d.
Tense the numerous Aitoudahcs Ot political tnSnis the
eager one-sldec statements If r.wsp7per pDnd-
ehs a1d cunt oi strategy IL tue cJn0Gct Oi the
CaGge which sGfpEssss all Precedent.
have no other interest IN the issua Of the esse than
what any night mI ded citizen must naturally feel. De-
cigUus of courts and yerdiots OF urss hOsevsT much
they might differ from the cLvic ion Of The tsst Of
the community, have been uniformly nell 10 respect.
Bot 10 insuie the contnustce of ths respect. II is
essential that purity should be maintained IN toe al
piuistration Of the lsws and thst al the forms by
which purity is guarded shoult bs carefully OBJ
served.
n FAR from my intention 20 intimate sush, dsrog-
story IA the Coprt. The decision refer TO- II erro'
n.ons vas doubtless, mere error vi Judgment; and,
ss 10 he Jury, il remains 10 be seen nov faithfully
they Will dischsrse their function. Bat, il vOnt bs
greatly 10 be deprecated, If there should be ground,
even of suspicion, that the result, whsever il may
be- was in any measure induced by otnsr considers
tlons or influences than the strict legal evidence ap-
piled conformity With the directions Of the Court