The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-17

dh the fscts amount 10 legal ,atone fhu w9 the
here offered evidence did not amount to legal provoca
ton and consequently that evidence Of them was NOT
had asked for the foundation or tho ruie laid down In
AaDDing's very appropriate inquiry Is s reason
that the adultery committed, that that fact had
certain effect on the prisoners mind The Law presumed
that the fact would produce certain effect on the pr
toner's mind and therefore the fact itself might De
% 0 sbous ns ns aw nss 'ds s sen
the party should not have the benefit Of presumption
1t had been asked what would be the evidence
required n case the rule there laid down had been enacted
into statute and the Massachusetts authorities had
quoted They did not seemed him. bear this
They were not the Inquiry here whether point Of
fact the adultery committed bat what was the state
Of the prisoners mind In consequence OF said
that the case in vol Irede did not bear on this case
because II the Of slave. One Of the counsel
denied that law, while the other admitted tacitly
that n was law, but that II ought nos to be law.
Cous for deeDce-I said that part Of o6iter
and that the part in regard 70 insanity concted with
his Honor's rulings.
what was the state Of the in all Of homicide
the ground Of adultery whether the parties were bond
Free He referred 70 Archbad's Criminal Practice vol 2
page 49, and Hills South Carolina Reports, VOL 2, page
49, He contended that the extent OF cooling tune was
necessarily question Of aw and must be determined by
Mr. Philips-That would make the Judge the trier Of
Counsel for defenoet would be the Of special
dict The District Attorney argued that II was mat
ter solely the decion OF the Judge He referred 70
ArchibaId's Criminal Practice (235) on the question OF
Coonng Time. IL was iOr IiOuoE w iuSuuo
whether there was cooling time between that hour when
his wifes nndey communicated TO the prisoner and
the time when he shot dosn Key; did invovls such
space Of time that his passion ought to have ceased
That was the material nqury-no whether the passion
actually did cease.
The tusRe here intated 10 the District Attorney that
II was time 10 make the announcement now that had
agreed upon referring TO OF the
death Of the late Chancellor Bbb, who died at George
town day or two since.
The District Attorney assented and suspended his argu
ment.
Mr.. Brady would ask the District Attorney
this question: II the Judge TO pass on the question OF
provocation, Of justification, and Of cooling tme what
was the jury 10 pass uponP
The Judge thought the TO that question might be
deferred for the present
Resolutions OF respect To the memory OF the late Chan
ceor Bbb offered by the District Attorney were entered
on the minutes.
The Judge pronounced high eulogy Chancellor Bbb,
and the Court adjourned Before the adjournment the
desired the privilege Of having some religious books
10 read TO morrow.
The counsel for the defence had objection 10 the
rors having any sort OF books they wanted.
The Judge-N s very easy TO see that there might
be other books oisted the jury ana am anxious to
guard against that.
Nr seiden-As Marshal and as being somewhat respon.
sbe for the character of the documents and books 10
TO the jury desire to have the particular description set
tied.
The Judge-Books treating Of religious subjects may be
given TO the jury under the direction Of the Marshall
JurorI respectfully ask the Court and counsel the
privilege Of sending to my room for copy Of John New
toms Sermons
Mr.. Nagruder, juror, expressed wish to have the
Bible.
The Judge-I suppose nobody objects to that.
lr. Mngruder-I suppose not.