The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-10

rs.ore dend and wicked dreams asese sl,e oc-
,sRs o fieer he steals form 10 tbe Accomplishments OF
his bloody Ger yn-afrld % his r,Svcr,ssts he ~
comped 20 earess the very a-h itself 10 The language
oi surp'c1 snd stp "haar ny steps, rch
way ,ns, wsla or fsar The sery stones nay ,e q nay
whsrenbon's" between the aci which has phsesi t1e
tefendan IN his present condton ano ,ee art q crinli
nal Ike 'haf yen tracs any similarity w'i be Tor
YOU TO Institute and perfect ite con- o,rsc1; is nos IN
my power. There are o,hor ma,,efs, senslemeo,
20 which ahan briefly aluae before prooeei 10 tho
discharee OF the important dosy ws,'h mas pssa
associates The part Of the dleule and e ony fegret
can experience in entering The discharge Of tss dwy
s, that shall be called upon 10 impose on yon HEAVIER
tax than under other circumstances would be reconcietbe
with propriety. There features OF this tria
geDseDen which are be in mini BY yoo at this
tme In The first place extraordinary occurrence
ranfpired the empannenng Of the very body which IS
constituted BY yourselves You lave IL heard d.. tae
ing for the course he then pursued when yoi were
compelled to witness the spectacle The Court
had alternative but TO administer The law
The ohjeon matter entirely for the breast of the
District Attorney himself You were called upon to wit
nes. The moving spectacle Of the son Q, msiosass being
had had the misfortune to be unfortanate Another fea
OF this you will remember The learned counsel
for The mcnt In questioning one Of the Witnesses
skcd him TO describe what he at thetms Of the
which led to the death. You will remember
that The whom question put desired 70
spread before the Court and jury all be saw and heard
The learned counsel and protested against the wit
ness ststng what not responsive to the question, and
snd jury which seems, at all events, unfodnate far
as the prosecution concerned The learned council for
government stated he put the question intending the wit
should discriminate between what saw
he heard You will remember the honest Judge the
berch Il shall never forget the the atst
moment Of my exiatence-bs words not In spirit
OF severity, but Of kind TeproOsaying, when wncss
is put on tho stand, no matter how the qnos-
tors are put, he must tell the whole truth,
and nothing but the TRUTH and that the duty OF tho
Court to see that the witness protected in stating all
the knowledge that he bad obtained Is there anything
frtad IN fha hueh
Why were all but property holders excluded from the
jyp Why did the counsel for the prosecution examine
the jury particular facts which might, the examination
Of the case in favor Of the defendant IL be for
you to account for these extraordinary features in the
prosecution Another strong feature about the trial s
the appearance of assistant counsel the part of the
prosecution l am informed that this extraordinary
counsel was not assigned by act OF the government and
ii will be for you to say how far this case usties it,
other feature Is the extraordinary character Of the OPEN
on rejecting credit on the mud from which ii emana,ed
and was stamped by high order Of ability but will be
for you to cay, when you pass upon in review, what
notice bis extraordinary expressions, such as '.he
prisoner coming TO the carnival Of bood""a walk
"as thoSgh he bad dagger in bis hand, ready
to plunge II in his bosom.n But why did II not
occur TO the learned counsel 10 describe also tho weapons
in possession OF the aduererY For appears he had
opera glass; and white handker bie-artces just
tain of causing death to the aduerer the weapons Of
the defendant causing death to him. Counsel then pro
ceeded to define the crime OF murder from the highest
authorities and also drew the distinction bet
msnsaughter the difference being that the one is
mitted with dehberation, with malice aforehought and
the other committed in stas Of heat but the heat OF
passion that ought to be- but is not, oiled, and with
out malice aforethought He would show that passion
which could not be controlled did place within
the pale of accountability TO the criminal law But the
great question is what the state Of defendants mind
at the time he slew the man who had contaminated the
purity Of bis wifeY It is perfectly immacra how death
nilcted-wheher by thr Shots whether the
man killed standing up lying down The question
is, what the influence Of the provocaton the mind
OF the man who slew himP What the mental condi
tion Of the defendant at the time he took the life Of
ties, the counsel added: If you fhd
n verdict against the husband who says him
who violates his marriage bed, then address gentlemen
who different from what suppose them to be. l
have given you the definitions Of the crimes Of murder
and manslaughter. will be for you say whether this
case within either OF these definitions and indi-
cative of criminal heart. II it be crime for husband
hm for defending it, then the highest honor which be
conferred any is to compel him 70 die such DEATH
The counsel then stated the following positions namely
FIRST human laws do not shield from the enjoyment
though nN rseasaed by kanai ~; shisd is disins'
together. Oar legal system does not reach every
There are certain wrongs which are not punished and
therefore the only law suce events s that
the human bosom by the fDger of Godbe law OF human
nature and instinct When the law does protect us,
We thrown ibstncta and have the right TO
fend ourselves from wrong Self preservation
FIRST great law and this he proceeded 10 illustrate He
allowed to be slain If he should know by the Bible that
man has natural right TO protect his wife against
eonte mnaton, II is not in the power Of human
vded no protection against adultery. The inevitable
suit is that thrown upon the principle of Self de
fence to protect yourselves aud yourown. Do you not
wish TO be safe against the housebreaker2 How much
against the adulterer The law tells you, when you
have been disturbed in repose at night, you may
take the life OF the burglar bat still permits your house
to be polluted by the tread OF the aduterer The
why society has not provided against adultery that it
considers right that every should defend himself
against the aduerer and that right perfect under The
Divine law There nothing in this doctrine that is
lutony or snoversve Of the peace and good order OF
cety There law in this District which robs you of
your domestic rights AS To the Nervousness of the crime
Of adultery, it is stamped the act by God himself It
not necessary to Justify In killing the aduterer
he should catch The offender act only that
he should be the truth TO leave doubt OF
guilt We regard this as very important point. say
that society has lot protected you u the chastity
wives is proof conclusive that you have
right to protect them much you have your
own lives II would be outrage decency compare
felony with adultery We learn from the Bible that of
the most serious OF crimes s that Of adultery II might
said that sekles had civil remedy against Key, If the
latter had deowered his wife, and that although Key coud
not be proceeded against crmnay he might possibly
pecuDiary recompensed The wounds of what hus ,and
could be staunched by dirty money from the pockets of
HIM who bad denled his wiieY II come into your
house against will and lie your bed that Is
pass you put by force and yet il he lies
down by wife and takes from her that which
be restored according IN the hypothetc position of the
prosecution he s not entitled to any redress at ALL There
est responsibilities and which invests with commensu
rate powers these the relations Of parent child
husband and wfe-he most halo wed and cherished Inc
attachment which connects brother with sister Is that Of
love- because they from the relaons but
connection between parent and child, and husband and
wife, Is not only love, but protection. The relation of
husband and vile s founded on Divine law and she bong
the weaker veesel II s his duty and right defend her
IT Is bis duty 10 protect her against ra.y much
against the violence Of the robber. II has been
well said, Frailty, thy is womau." man
who obtains the affections Of anothers wife is as
guilty as him who deiowers her by rayishmen It the
husbands duty TO control her affections and that they
are not stolen from him by the act of the a1uerer 1t s
as high sn offence, though she consents she were
made victim by positive violence. In Engand, up 10
ne tnueenth statute OF Edward the First, adultery and
iornicaton were common law offences; but they were
nen 70 the cognzance Of the spiritual courts
mere Is inc declaration OF the British Parliament that
uueIy deadly SIM to he ecclesastcaIiy punished for
.ne saiety OF the soul At the common law Of Maryland
% rom bsain-and which prevails in the Dis.
, ,Io' OIL eoiumom-adultery is not an offence There.
lore STATUTE is needed TO make adultery
An offence 70 be punished by the legal tribunals here
rour states IN the Union have made adultery a
crmc-Massacbusetts, Virginia Ohio and p,-ns.,,.SIa