The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-27

es and overtakes the offender aud executes summary
vengeance He challenged proof to show that any oo1e
had received the appreciation Of any civilized people
wherein the adrlterer was allowed TO be pursued NsT
the fact and Rsin. had not been shown 10 exist any
point Of the inquiry, and the question is, what is the
Interpretation which the common law puts on the
act and fact OF adultery and murder The learned gentle
man MI Santon) aid the common Law Of Maryland
Of the maxms which have received general approba
ton and suited 70 the manners, habits customs aHd
usages Of the people Undoubtedly These maxlms now
the common law OF ths District The IL as 70
murder suited 10 the of the peoplo at ths
me they colonized Maryland, and from whom We have
received It, This principle will apply TO new cases "A
they arise and therein consists the peculiar merit OF COM
mon Law over The civil law as our system CODE The
gentleman says the doctrine for which contend made
its 6Ist appearance in xaDnings case, and by dnt OF
repetition by Hale Fast Russell, and other commentators
on the common law Of England and this country
has heretofore been acknowledged and unquestioned
Could any higher compliment be paid II II has received
the appreciation Of these judicial experts could IL be pre-
scented TO your Honor In garb to entte more to your
consideration reverence Nannngs case II Ii said,
decided under Charles Second and that 1t s the rst
recorded case where punishment Of adultery whether
the offender caught in the act Is 10 be found in
the English books aud thai the law was made then
and there for the first time this most gravey dispute
think show 10 the satisfaction OF the Court thst in
stead Of this being new law, Was in mercy and alevi
alton of law, far az is universally regarded aud
considered py the cages Oh ,ne common ~, Jaw; ay
recognized In Mannngs case under no circumstances
was murder TO be alevated to manslaughser, except
there act OF assault made on mans person or
property, and especially 80 where the slayer
might resor. to the use Of deadly weapon.
where The shaver rcsored To- deadly weanon excent
where An assault had been committed on his person or
property that the offence has been reduced from murder
YER enorci in the hooks = that nm to The me of
Berry VIII there distinction between murder and
he time or Charles TT no case came hssore court for
,diudjcaton What did tho common law say TO the
Judges who denied the prlnoipe That technically aud
caught in the act But the eomsaon law undonStedv
Of assault on persons and property Twsden in adopting
bs rne aeyiad 70 this extent and 10 that xtent has
been recognized in the common law The learned gentle
men ON ihe other eide msote when thew saw this rnle
with rersIS 10 adultery had its origin in coyrnnt ace
Not oply was mercrai interpretatiou given TO he
rripciple INIT u was carried still farther he
cause the Judre ordered the punshment Of
Manning 10 he administered gently II IL not
nv nusnoso 10 dasand ,bo Eng5;sh rd,ciary MI
do saw mai the history of The English peope that
its iudiciarv has been their great hniwark ne in
dietary there established with solitary exception which
here and there In ne noutv has etnod for can
tnroc ne n erc lLe an Arorst ~ the De,nge Tho last
ont hat ras anhmercea benesth the vavss 81 ivYannw
a. ~ ues any i .; =; h.h ,h 49, . Iau ~
~ way, "a IA iS 70 " =. wy ue s' auo
Side to shovv solitayv Enosb case where II vas ones
s;d tn onnrts hicb ha,o co,ro 70 rs eho,, Az,
hars ,ho~ baa conae m nr ind,cai ;ntorn,a, '
ton ,ba 'o,me doc,rineo W onnnrncaJ hv pagno'd.
~" VIZ sAo 49, i"S 20 "Nu , y .'e { nc-s
s hnnar Dec" nsnc sh heu
ieaineo anu humane oencn IA lao, wnen
4n asaosSus Sase on,e ny, .1e rue vas aPploSeu.
nc ieic,i9u X iso oas1' eso ~ A. Va oy wno.o
usn0n hn P,s cH NV no aus
r. !. =; S S hi me dn o s . 90 ~ h v.
49, .e , ~ @ NJ M 90 ; ,S o 30, h
aIa e t ~ b "e s -, % !, t,s ~v nvs sse
@ n.n 4, ~ IN S va 1T ~. ~ S; lug
wes -. VIC, ~ ,s Vp u S - wou'u uo ic W
and should have committed adultery and been slain by
S S hsnni ". Z. 0 h , ry - ), N,h S'an py
.;oo hoye al,aaSv han rossrrod - whi.h ho,a oJ
in she indicia sxnerence or xmsr,con conrts ana too
..ss Juartcnant q; Toth Urn;U ~ 9,1 swS 1
uoi Inos ONE ~ tho irnad a,, LU deu;nd sh
sun,,cs,on Of the case in vol Iredc i hecanse
~ was tne case Of Save I'VE IN carelai,y real read,
49, AZ, no, M, IN" ,oS on onr Sh s auuS.
Whs,evey ,ha necuap rois,or. gro,n ,rs nS 1oo,nk
d ~, =; h $780, Nas az i e ~ ~. ~. y. o.. ~
uo ~ MS ' .ae % " .e S.se ~
~ % ~ n nu u1 20 a.
go WIN nv, ,S ~, a. ha,;o o f a1e s osso .,
iS Voc - a. S,,h ,re,s u d % S ys ac wSs
we .vaehce " express oe ~ snas case. IN snas css
. u nne o o0SuPeu 'r 'v ~ ss.'t ~ pe ony
Win Sis wife and in his con~,nv short .he ts gu" Te
had haen reneates acts Of sapi:yv and The nnsnard @
smart,nc nnser the wrong and anraoe xrtar asen rs
wife Or ar with the aSniserar he rnrcned him 18th
wooden maet and then aud there slew him Task wbe.
tber The case as nut herr bv the defiance an 40 dahe
ration rs concerned goes far beyond the case Of Jones
II is admitted by The o.har side that he nrovocatmn
minutes or that number Of hours and 40 thersore
Ss proof of deiberatjon ia Concerned tbe caes
aw in that spirit more rnIy than tha facs
in this case wouId warrant Another case has hcen
quoted once or twiceByou case in 81 Wheeler There
no, one single prncipe of law az nv The Sca
that is disputed by this prosecution and when he M
Uudl should have the privilege or seeing The hook he
von,d show The court ba, sha I,dra a's s o az. se
case on the true and ientcal privilege claimed Inv the
prosecution in this case The District Attornev re
newed his argument on The instructons nsaved
for He had been epdeavorino IN sho~ ba s.;d
that the rule adoptcd in Mannings csac vas not
Tightening of The princines of the nom Non bnt
The doctrine had come than ,hat un Nv, .:
Insult or ccntrmcy and no resuss on pronertv ~ouid
netifv INC slave: in t.r;no az IT, 20 .h 49,
and vorld not rednce tho crime sroro nmrSar -
mansanrhter The deteyrinat,on NJ the herch IN Nan
ninr,s casc vas IN VI in The ~ ~
mon Law long estabished as aiujarv Vas ny an assam,
on The person az Inc bnt Was on,x cohnes Of
the two p,ovocatons of insult and trcenass en N NJ
gard the consruction OF the law as Al that
time would have convicted the party of murder
The law then for the first time declared That
adultery was such proyocation az World re-
duce the homicide from murder 10 manslsugbter
From mar time TO this the law had never zone srther
II would very upwee for conrts of instice IN relay thai
rule 1t woud ayerurn the principles of Common law in