New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-15

tf sct a. s5stery vi,h tire pr'soters wss. rse vb
tie proposition was u It evidence sss ,stese
10 be o red becsrse the AIRY bse sd the evitceees
they could reduce tie ogeose fr IN murder 10 mss-
.a6gbtsr The decision vss agSpst this, tor a. the
evidetce fell shon Of sho ing TIE parties sore
csrobt ir he fact vss neon for any such par
rose Wssr ct his dentics Iy the ne c.se n wss
srely proposed TO Offer Ger ala statement s1s -
the vitIess by the prieonsr ss the b. nos
urdsr the sosTuity Of an oath. After far her e.
tueut be sad il ssened II the counsel for the Uaitel
states that the sts euent wss entirely aud totally IN
coupetent ss evldeuce. .
N, StArtop rsplse: The evidence offered presssssl
ops p,opotition ennrs nthat The
rpbc pros cutor A, the momert Il the cot Of nos.-
icoe toe prisoper declared that the ceased had vi
stec tls bed. Ga the previous DAY ne s toand teer
by excited To clergyman OF thus cry Wso ~
him the ssue evening, be appeared dsnaIs ana dess-
LATE and in the same ooudnoa he is trsee do ~ 70
IRE mon EFT Of the homicide and atervArd- Nc oes
WIZ heard Ire testimony of Mr.. Walker would ever
trset it, 1he defence oers proposed TO prove. 20
partly accounting for this condition, tha, c.fta.s
con ur icsiisn made to tire pr'sooer Toe paote
prost cutter objects 10 tha arc, following the srge-
ept of his assoc ate yesterday in.mstes thst tsSe
are two clsssss Of men on whom that oommuatcsuee
would produce insanity. Who sss to jadse Il ,hssf
Net the Court but the Jury. Tney are TO detsrusias
as 10 how this commupicsi would scs on the ressca
Of tins prisoner. TIE pubic prosecutor hss.
noeey,-, undertaken 20 argus thai the ohease
o. slayiog an adul,ertr cannot be reduces
from muIoer to msnssugater, aoiess the husband
rad cculor demonstration of the fact. He denied
tpst that WAS law he denied that Il had evee
been 50 decided ard DC denied, in the usmc Of la
msbiy, thst II woud ever be go decided. Couasct
wanted it uude-stoot held in mind that, although
the prisoner at he time II the homcfe declared thsk
deco aed had IGNORED al. bed Yet the correspond
cree between the Prisoner and deceased in refseacs =
prisoners vile had been eIolCeed. Bat Jet coaosel
did rot complain Of that rOliog. SO, too, comma
n,cation from the wife to the husband, which
was enough to induce the prisoner to sacrifice, nos
liza but a gaOa Il anpmh nj exclldo4-
and here communicative from third party OF
character to affect the prsorer is offered be proved
and the prosecution Object The c4se o'tsd by tie
public prosecutor in Sch lredeis On. c. X ports sas
case Of slave wife, Was true that the ooss it,ea
o. free wife va he condition Of lbst of slsves
H. dered IT, ard there WAS Dot msa within soucd u
hi voice who would not wste knee deep IN blood 70
g,inssy such q proposition. II Philip Barton key
hso owned emarred woman IS slave, be might paos
baer around her neck ard lead her TO the shamess:
but uld he do 50 With free woUsn The prosecu-
op their thirst for blood had gotten the iusttu-
lion Of Slavery. for the Juiges had laid do On the
principle Il al no civil rights acquired By slave
on account OF marriage. Blu. the very evidssos.
which in Ii at North Caroiss vas excu sod %
the point of a'tidcaton, vas adm& the point Il
shos ing the prisoners state OF mind. Tnat WAS al saey
claimed in this case Tney ouly demanded for The
prisoner at the bar the same right which is accorded
To North Carohns slave. De w aid 1ow that never
in Fog AID, since the time of Charles H., in scsse
lodged by Llsdae, ore Of the NOT corrupt judges
,t corrupt age LAD man been punished Tor Staying
the who had des0lsed hie hearth; and nov 1t vN
10 be whether that was American Lac. Ii was
bis Honor would the first Judge 10 this oountry sho
lad ED that the sbo Dad elsn bis wife stut-
erer was murderer, aHd WAS not to place in eyiteaos
the Justification Of his aot VIII show you, marc
over council proceeded that never In this lad ha
been so held; that tue civilized earth has
been 40 held that never, by any Judicial tribunal aoy
WHERE has il been so held When that question CONES
up, l shall shake hands with this prosecution. Aad
meet them upen Il here. Your Honor you have to say
whether this evidence is to be shut agsost free nsa
who has Wind csted the honor OF the marriage relsoas
Il il be- your Honor will be the frat to SAP that man
sbs be punished Who uader tue iofueoce OF passions
ex,itsd by outraged horror, Humanity nature, feelsg.
has lain the couuptor Ut his wife, the acalerer, tho
volatOr OF his bed, and the dshOnorer Of his aoms.
TIE counsel then referred To Judge Cr.~fords ruisE
n Jsrboes case eud in Days c.se, and claimed tsst
til, rulings covered the ground here and aah ,rissA
the Introduce of the evidence proposed He asked,
then, that on these principles the ordsary feelags Il
humanity should be recognized, and the ordioary rass
If evidence followed and that this evi fence should mot
be excluded in order that vengeance might obtsa the
blood Of this prisoner, who was so fercely huated.
Mr Ould responded-Counsel for the dsfsoso he'd
iusnusted that the public prosecutor Was adjusted ~
Thirst for blood, ana that he hunted down tao pnssase
! 70 vergeaLce.
MIR. S ant n discIaimed making such charge.
Mr.. Oud replied, he could let his argument and Co.'S
duct in this go before the Court before the
world in contrast with the drepuable rant which this
council poiItOg to Stsbtop) mad exhibited. Thsre
place where gentiemsnly feelings could be bet
ter shown tban IN forensic Contest Of this nstues snd
30 there was no place where vagarity aad radsaeso
could be better exhibited. Toere seemed ~ be dvis-
ions assigned 10 counsel for deepse-to some, high
trsgscy to some, comedy to some, the pat Of
king gentlsmen ana one gentleman appeared ~ fill
the office OF clerical supe to Get the theological part Of
toe house in order One Of tue council nad carried out
the part, whether assigned TO him not the bully
and the bIu scr. Sersaton 10 Court No one hal
greater dislike 10 personal aniipathes aud personal
controversies than himsol-n0 al iatsnser sc0ru
Of the person who gets them up, or Of tho
method in which they are got up. He stood
here under the solemn responsibility Of his osth,
ard had endeavOref 10 discourage hls daty
ia thfuiy public prosecutor. He hal notnov snl
never h.d prejudice or nl'eelog asaiost t,s prize
ouer at The bar. II, however he believed that that
prisoner az the bar ad inbred his hands 10 tslow
creature blood he would not be restrained from de-
,laung IL lie should no. call murder gentlsssss OF
malice good feeling. He had only risen nov for the
puT pose Ut relieving himself from aspers which
had been wsntonly. AID he believed vindicavely.
haps had demanded that before tnis be shoult hsvs
viuccaisd him from the a.persions nste sgsipx
bin IN t,e coure Of the case. He was glad 10 have
the opportunity # doing 50 now.
irg the latteris remarks) rose earnestly, ssyisx-
know my duty to ny Client t. the Cause.
to ncety, 70 myseIf,, too well, to sIio!
myself 10 be drawn sside by any such porsoual
considerations. am rot to be draw from tho pda-
cpe Of law by any such resort Of the counsel for he
prosecution viii leave bis 10 be judged Of By
the whole world. Ifhs course is Justified by dis being
pubic prosecutor, be il 20. 1 say the lay he
pressb here il not adapted to our state OF society.
say the Law, the priGcple on which be claim, It,
would lead my client u toe galows By those wao arc
n .igusntly seeking for bis blood. have not the
honor OF his soqr aintsnce ard, after his lsogusgs
jest uttered do rot desire H. This sentence wa fol-
lowed by tho stamping OF many feet by the auditors
without the bar but tie Msrshsl aud officers soon re-
stored order.l Nv Stanton resumedby rspeain that
such sw that insisted wouh conduct his client
TO the foot Of tho galows, sod that there pd.