New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-26

parfIns-ard -it him sharp knife. with which he
was Compelled 70 infict seif-punishmeut, or eNpend
! bis guilty lie n pr0trSctet tortgre.
FiHb In Eu-iaud, IN the reign Of Alfred the wonsn
shorn ard stripped 10 the waist driS'n away nom
Der husbands house, and, IN the presence ~ al her
relations. wa scolrse from tythr- 20 tything nntii
death ensured walr The aduiterur was strung mp -
/ the next tree.
! So In France. under the laws Of Louis the De-
! borair, both parties suffered capital punishment.
Scre1th. Constantine inflicted capital punishment
agaiu.t lduten-s of both -rNcs. sud Jusuian m ms
information ofthe codes, left the penalty ncnHcns
| malc adulterer.
! EiriA. In the vicissitude- Of time, adulterer'
| wen condemned 10 be scourged and bsn-hed NJ
courged aud doomed to row tor life in the saeys OF
/ France.
/ Ninth: The spanish laws deprived the siuberrr
\ of that through which he hsd violated the laws oi
| society and the ssnctity Of the marriage bed
! Tcuft. In Portugal, the scnlterer was burned 70
death with the aduerrss but if the husband chose TO
save his gully wife from this fearful chssis'neut she
was set ircc With fine. feel that am warranted,
/ continue Mr. Brady. in saying when compelled 10
SPEAK Oft sin ot Nm. sickle. because itis neceSsa
" par Il u. transaction, that, 90 consideration oher
! extrtmc youth. and OF the moral power which man
I Ike Mr.. Ny might exercise over her, or some
/ worse power under the circumstances 10 which
| / viii not rcfer-it i not wrong that. in our
/ own hearts, and perhaps not wrong that down
! deep IN the heart of my friend who Il at
ihie bar today, there should BE- sore lingering
remnant of hope hat she had not entirely snnet and
entirely destroyed herself u was gratifying err
Guns ance 10 me To know-Gnd am sure none of us
were otherwise than pleased with that little incident
If the tralihat when in h' agony the officer noticed
his intention To ascend the stairs he stationed himself
al the foct because he feared in the then condition Of
Mr. Sckes that he might injurc her Who had been the
partner Of his life whose head had been lad on HE
! bosom, me- with manliucss that know belongs to
Daniel T.. Sckles gaye him 10 understand that what
ever vas the cond,on OF his MIMI her person was
safe from his touch
Counsel then continued 10 read from Prot. Dmitrys
abstract of the laws Of adultery follows:
ElcrrR In Poland the adultcrcr WAS taken to the
nears bridge lending o. the market town, in or near
which he resided and was there nailed or hooked to
the main bridge post, knife being al the same mo-
mcrt put into hi, hand t0 enable him To- free himself
by he mui.ation Of these parts. QNbg Presnassct
Jtccare
| It-elre: In the Kingdom of Bohemia the penalty
of the udulterer was decnpaiion, and tina, # the
Rdu;eress yas perpetual .eClusion, spent in menia
,lrudgeries and in penance ON broad and water
IIIrfocEfA In Roman history, instances frequently
occur of aiuteres being put to death; and until the
enactment OF the Ter Jgi,0n. The husband bad the
right Of summoning all the relations of the aduterous
wife and trying her the h0Hic4c'pa, the hearth
stone Of the household and there aud then adjndsins
her 10 DEATH
M,morondum-Our penal Legislation on this sub
iec il worse than useless il is scsndaous for it, very
provisions are conirved 10 pour rdicule and rbadry
the head Of the husband or on that Of the WIFE ~
the case may be.
Our legislation counsel proceeded To argue was
worc than useless. BY the laws of Maryland the pun
ishmcni fine Of three pounds IN money, or GER
tain quantity Of tobacco. lie was happy that his
learned friend, the District Attorney IN revising the
criminal code of this district, had testified his abhor
renee of the crime by Introducing provision visiting
adultery with far more terrible consequences than any
ever ixed under any law known in this district. They
were told that the English Judges had said that they
took no coguizance of adultery criminal offense.
His gssociHte MIR Siauoul had shown the Court that
there bad been conviction, in England or IN
this country of any husband who killed an aduterer,
under what circumstances sOcycr the homicide was
commiited-not one: but on the other hand there
were adiucatons showing that, in the contemplation
of oar people their views OF the morality OF the
marital relations, o! social duties, and OF domestic HE,
there was such u common law a. was contonded for
hv his learned brother Stanton. This suggestion
trued Mr. Brady shat the party injured must be lcit
10 an action for damages is that has frequently
excited the di-fayor and may add the disgust, of
the most brilliant minds of the legal profession IN
England. In order To show how far their Judgment
| nav assist NJ in seeing what would be- the public
sentiment, in England, in cases Ike this, in oppo
stion to the argument shat il always made ne of by
! the conservative lawyer of England that when hus
band has had the visitation "t an GdnltCrcrs p0uting
presence in his house be must 90 To lawyer rs he
| would with prOnissory note, and have an action
! brought for damages. wish Ia read % the Court
! few observations, from an eminent man with whose
name all of us are familiar, who was once Sergeant
Talf,urd aud who died the bench Of England. in
discharge If his official duty: Path0s much oftener
than Imagination falls within the province of the adyo-
cnte as employed al the bar IN actions for adultery
seduction and breach Of promise OF marriage, ostcnr
hy A. n means Of eitecting transfer Of money from
the purse Of the cuprt 10 that of the sufferer it sinks
| vet lower than It's natural place, and rObS the
/ rows on which it eXpatiates Of all their dignity.
The fr.t of these actions i disgrace to the English
character, for the plaintiff, who asks Tor money, has
sustained no pecuniary loss, and what money does he
deserve who seeks It AZ a compensation for domestic
comfort AT the price of exposing To the greedy public
all the shameful particulars of his wiies crime and Of
! hi. own DISGRACE. He speaks Of mOfesty destroyed,
1--we turned To bitterness, of youth blasted IN it,
| prime and of age brought down by sorrow tn the
grave and he asks for money. He hawks the wrongs
ofthe nmost spirit. as beggars do their sores and
unveils the sacred ag0nies Of the heart, that the jury
| NAV estimate the value Of their papitatious Money
will not compensate not because il IL insufficient in
degree but IN kind and, therefore the c0nsequeneeis
not that great damage should b. given but that
| should be claimed. When once money is connected
with the idea Of mental grief by the adyo-
| cate who represents the sufferer, all respect
for both j. gone" 10 show the precedcns in Amcri-
can cases counsel referred 10 the ease Of B0wycr, who
HAVING learned that biz daughter had been seduced by
Mcdowell, President Of the Bank Of Fincastle IN Au
! gust. 1853 made journey 10 Baltimore from Fincas-
tie about four hundred me- ard having there learned
further part cuar from her confession, came back and
| shot and killed McDOgc, and yet BOwyeT was no.
omitted and discharged by the called Court, without
the ca ever being sent 20 the Jury. lie also referred
10 The case Of Isaac c. sherlock, and 10 the Canada
| case where husband followed bis wiies seducer from
civ 10 citv deliberately shot and killed HIN a. he
! drinking at bar, and Was acquitted by the jury.
! COUNSEL al.O referred to remarkable ease tired in
! Toulouse. France, at the ASHES OF the Depart
| neut Of Upper Garonne, on the I'D OF June, 1917,
and reported in The GGcette dls TrDVnGuI. II Was
the case Of AbdOn Souifsre who shot the sedueer II
his WIFE, Charles Broustel In that case, the counsel
for the accused maintained that there wac, and that
| there could De no Fermentation IN the Gaze, ana
summed up IN these words, which Counsel considered
| applicable 10 this case: " Gentlemen OF the Jury
There are two great principle which you arr 10 weigh
in the forum If Jour cOnsceGce-ore is the principle