New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-16

ow ftop, tba. crcursts,oe that might 40. bs eours
Counsel hsd 8svastage OF hsV1og toe po,n OF
evidence before him, but be asdeIstooo u - i We
propo sed 10 pIoVe hsbtu1 adultery between secesssa
spo tbe prisonsr's wife. II woman leaves her hos
bsrds house ssd goesto I'VE .ta seI 10
thOus az OF oDsr go and slay TIA; etntereI lie WcaN
pu, tbat case 10 tho strongest hgh'; II no hah tas
ability Of the counsel the other side, h7 won' pant
IL IN the most disgpstng terms; but ne Nss no ora
Tor "a BYutus is j, wOa be new Law To nin tGat Toe
busbaDd might unoer sach cucumstApoes, hay hls
wife or her pnsmo1T; his Honor bad nevs reed eneh
alsw ard Certainly bsd never enuncleted H. WHAT
r,1t was offered : The waving of the flag, the poe
sesson Of the hey of house hired for the purpose OF
pro.uutoD, that the deceased at the moment OF tue
Homicide on hs way 10 the prisoners honse, with
the design Of sedneing the prisoners wife OFT
Of Ter house. What pext wss offered 10 be proved
That the prisoner kneS the deceased wss on bis way
TO The house VITA the design OF inducing HIS vile TO
c. mnt act OF adultery with him. Dll that knowE
edged iustBy Murdtrl Why, not At ali. Sach
knowIecee made hs wife thing TO be
loatbed by him. These are the facts offered
IN evidence lie might place them under TIRES meade
-FTt', facts tending 70 snow habtua and contn led
acts Of adultery; second specific act of adultery;
and thd evidence tending TO sbos tn the sdnterer
was about 10 perpetfate al uDspe&kable wrong upoo
the prisoner Council Supposed tnatn forther ao OF
shame could have been then perpetrated upon tie
prisoner wife. She had be zone dead to the prsoner
az the bsr-woIse than dead, infinitely worse. lie,
the counsel PROCEEDED has not the coosola 100 Thcn
Der ieaib might nave given him. am IT here, and
/ hope | never shall 90 in any place TO endesVor 10
take from him any partic Of sympathy which any hu-
man heart sy extend toward him. Farfronit. In my
cliOn with this have not sverved thus Tar
std trutt my life will not be spared to the end 1t
do sweIve the sprit OF lasuoe, OF trath an1 OF
CbIetiabty IN respect Of every movement Connected
with IT, But this Is the cass of husband who takes
Lsits first TO sbeg that his wl's was confirmed
&C ueitss who would have Jon believe that when she
lay her head upon bis trusting bosom night after
NIGHT che bad come from the G a1ulterer
that bis wife was one who had stood with their chi
the II noCeIt Die Gge of their motnsl love, ting her
hands on it's h. al and who then and there made or
received answered signals from an aduItsreI; a
woman Who had polluted his bed, who had made his
child motherless who bad filled HE cup of shsms and
bitterness TO OVERLOOKING This is bis account OF 1t.
TDeie seems TO 10 DO difference az all in respect
Of the colors 10 which the unhappy vile e 70 90
painted. coDcede 10 tue prisoner IN the arsu nent
1 am Low making q that he ciaime Tor mDseif,
ss one capable Of comprehending and fully resiziog
all the sacred relations of che marriage tie and cay,
magniyipg him in that respect for the sake of TINS
srguoeLt desiring to cay at0st can De saia Tor him;
10 erect bin into pure, upright vrtuous JdSt msa;
man of the puIest and the strongest feelings, and
Meet sspse Of honor man capable OF beng orven
to nsaIty by the discovery OF the Ddehty OF MS ee
granting all this to him. how does II bear on the prop
o.ition If this evidence1 Why, they tel as no has
tracked this thing FROM the beginning to The end.
Mr. Brsdy-I beg your pardon; nObosy has stated
that in my nearing. The proposition IS that JasS be-
fore Mr. ckles left his house that Sunday, ne had
discovered tUese facts and had also Witnessed tne
waving Of this flag.
M CaTllsls-I am aware thai THIS otsr o! evldense
embraces tuch fact; 1t would be strange II u did,
But n addressing His Honor on matter OF law;
and sn addressing Judge who has seen 6af read
ard determined upon the adniss 1Ility of certain
paper " len on Saturday night was drawn up 10 the
prisoners presence and isned by Witnesses. L ad-
MI for the purpose OF the argument that tue
bad the undOubted proofs OF his wifes habtual sdol-
terry with the do ceased He the flag of the edu-
teJer waving and he ssys him on the instant Of medi
tati q Of the violation of The husbands ngas why,
what rights had the prisoner 10 this woman ~ that
time If ne be as they described him, and az ne Is
presumed to be, ne must have lDatned and deserted
her. What outrage then cOu be committed on him
that could add to his suffering Do the counsel mean
that still by cODdopaon the prisoner might nave been
Wiling to take back to his AIMS the wife who had
be en- confirmed addteress f0I many mouths, ana
that would have done but that he saw the flag OF
the sdulterer waving in front OF bis bousei fancy
not Look nj at IL then, not as Lawyers, but as men,
with the common heart Of mspkiDd, he would ask
what the,e in that medated act at that tune TO
i1sty the prisoner 10 taking ths life OF the deceased
Nothing be submitted. What was there In theeye OF
lasyer One may take ] fe to prevent the comnis.
zion ot felony but vas that medtated act felony
The counsel the other side had ugd that 1t was cot
only not high crime by toe Law, but that 1t was no
ormo at ell. That because the lave OF society dio not
furnish satisfactory punis for such crime, they
are RENTED 10 the higher law. That was the theory
of the gentleman who developed that portion OF the
defence. He said that Daniel L. Sckles had MADE
compact with society," OF the conditions OF which
was that society should furnish punishment for the
admit. rer otherwise il W as no bargain. Well it seems
accl Iong TO this doctrine that Mr. Sckles did conde-
scend to eIter society under that compact snd that
society failed 10 fulfill his pledge. His destiny broue ut
him to this unhappy District, where society had failed
to provide for sucn case and therefore, under these
circumstances another law goes into operation But,
continued the counsel aIe now instructed thtt the
law shtd sufficient punishment for adultery aud
hat No W mother OF
wife woman the sister, woman the daughter, woman
tmbody ing all that is puIes. and no0lest ana most
elevated in creation, must be protec ion from herself
And as the law does not protect her. 1t follows that
she must be chained, or b,red IN dupgeoo, or else
her husband NUT have full power to avenge his
wounded honor. The Jury are told that they must
take heed Themselves. They are appealed TO to re-
membe that such is the nature of woman, whose
"name is frsilty;" that the husband must stand AZ
the deor, revolver or bosieknife in hand; that it
must be understood that that higher law controls which
authorizes him to deal summaIiy with the adalterer
and TO put him to death else as is perec y clear
from the well-knovn nature and character Of womsn
an adulterer has only TO bis hsg-to beckon to
hes-Only to show her bow she may desert viz
to- bring ruin and desolaion 10 her household and
make her children motherless-erd she will do II.
She will do IL. Not Il is woman, bat all women Sir.
L will not trust myself, at this moment, to remark
upon that doctrine as think il should be rem sIked
upon. have referred TO il incidentally and without
reconciliation in com ection with this idea thai there
is here no Law to puIish adultery That according to
The law under which your Honor sits, and which You
are sworn TO aomiDister, adultery is no crime But
then what follows Why, It follows tina, the taking
Of this life not the taking OF life TO prevent the
commission Of any crime known 70 the law. Thst is
the result Of the Argument and am now on tie ques
ton OF how il is 10 be determined by Judge AGA a
lawyer. The only doctrine that know sppicabls to
the subisct being that 10 preven tae commission OF
fsiGiy about to bs Immediately committed. man
ss ostfably take life, but he may not do 50 in rs
a to any MINOR degree of crime and, Jortiori not