New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-25


srrre N al he was not accountable for dome under
that il Auercei II Mr. Scklss had adopted the theory
Il he friend and been advised that crime ~
kin Mr. Key under these circumstance, tins PROPOSE
ton asked his Honor Ia say that then Il no crime,
and that the jury must acquh him.
Tie ninth proposition again pinces II 10 the provrce
Of the Jury to declare whether TIE prisoner had cas-
cjty of mind decide upon the crmlnaty u The pecu
liar net the homicide and If they think he had not,
the Jury must acquit him. There was code which
might hold that the deceased had forfeited has HE -
tie prisoner That Was the dHelng cDde. II was not
the code Of assH-suaiion but Of honor where = -
arral ged that the parties shall be placed terms Of
EQUALITY. With that code, however they had nothing
to do IL was unchr,tiau, denounced by law, and
was fast facing from civilized society.
Mr.. Graham have lately peri~sd the history ..
dueing. and will let you have II, If you choO-e.
Br. Carlisie-NO Sir; have no desire 81 real II.
Mr.. Graham-The alulterer has never been placed
on the footing Of an honorable man, but has been
treated ms a dishCuorabe man.
Mr. Carlisle proceeded to di-cus- the tenth proper
ton which is that the law does not require that the
insanity which absoves from crime should exist for
any definite period, but only az the moment hen the
act il committed. lie did not believe in such a STATE
Of insanity. No theorist had ever laid down, and
the proposition entitled to no favor from the Court
Tie eleventh proposition was that If the Jun have
any doubt 30 the homicide the sanity ~ the pms
Ger be should be acquitted. He argued that the pre-
sum- tOn was to be- in favor Of sanity Of insanity.
The proposition here was that that presumption
should disappear and that the prisoner should nave
the benefit oi any doubt about sanity Insanity the
most easily couutcited matter, and if this doctriur
were established al 81 homicide under passion
could easily be brought within the defense 81 insanity.
The defense OF insanity specific defense, and
must be proved afiTmatvely and beyond doubt. There
wa 10 reason why that defense should be placed OF
more favored ground than any other defense. On the
contrary, there every reason why the defense
Of r-aiity should hc proved beyond any REASONABLE
doubt Tie ductTue embraced IN the proposition
Il very dangerous doctrine. l. had been lad down
by all authorities, aud decided by the Twelve Judge.
oi England in McNaughtons cose that the deiense Of
insanity must be proven to the satisfaction Of the jury
Mr.. Brady understood that in the case Of a man
named Oval tired before bis Honor THE very question
had been discussed and passed upon.
Mr.. Carlisle wa not familiar with that ease, and
would leave it TO the Distrc:-Attoruey 70 comment
upon. He referred Ia the language Of the English
judge in HcNauGLtons case, and closed his arsu-
meHt.
SUMMING Up FOR TIRE DEFENSE.
NJ Stanton said it became his duty to present some
considerations in support Of the points of law which
had been supported by the defense and which points
were in con formity with those which may be given
to jury. The event which had brought the Jury
and the prisoner at the bar into solemn relations and
made the Court and the counsel particpators in this
momeutous trial, was the death of Mr. Key at the
hand Of Mr. sicklc- on Sunday the 9th Of February
The occasion for this event eduerous intrigue
between Mr.. Key and the wife of Mr.. Sckles. The
law rising on the depend the relations each
held 70 the other the time the took place.
Two theories had been prescnted-cne by thc po-ecu-
tion the other by the defense. These theories, ~ IN
al such cases are opposite; aud Il viii br tor the
Court, by comparison OF these theories with the
known principles Of law 10 give to the Jury the m
structioH. The act of taking human life j. Originated
in law 10y the general tenn Of homicide which may be-
either BY malice without malice. The act ot Con
crcss which governs in this District deslgnatc-
two grades Of unlaWful homicide-namciy, muir
der aud nanslaugh,cr. He defined these two crimes
in the language Of Blackstone. In some states the
law desienates other grades of unlawful homicide but
only two are designated by the act Of Congress above
referred to- but life may be taken under Circumstance,
which the aw will excuse or justify. This must depend
on n variety Of circumstances neither torr'n nor emu
meracd, and must be judged by wise tribunals and
by Ma Xims which form the common law OF the land
and are essential To peace and security They are IL
usrated BY examples and eases whence the reason Of
the law can be derived and by these the True rule Of
Judgment is asceuaned. Alter me ntionng two classes
Of cases in which would be exempted from judi
cial punishment for killing-namey, sclfprutecon a.
natural right and the defense ui ones household IRON
the thief or robberhe said there third class,
arising from the social relaton-the law holding family
chastity and the sanciity of the marriage bed the mat
ron honor and the virgins purity, 10 be more Nalua-
be and esmabe in law than he property or life OF any
man. The present case belong to that class on which
rested the foundation Of the social system, and, az II in
VOWED the life OF the prisoner could not he too care
fully considered and this principle never came before
judicial trbona in form impressive than now.
Here in the capital Of the nation the social and poti
cal metropolis Of thirty millions of people, man OF ma
,ure age the head of family member OF the learned
profession high officer of Government intrusted With
the administration Of the law and who for years at tins
bar has demanded Judgment Of fine, imprisonment and
death against other men for ohenses against law,
has himself been slain IN open day IN public
place because he took advantage Of the hospital
ity Of q sOOuneT in this city. Received into
h.. family he debauched his house violated the bed of
his host and dishonored his family Gu tAs ground,
alone, the deed of killing committed The nstruc-
presented defendant bTiU1 20 the oil the
Cont two consistent lines of defeusc-ORr that the act
of the prisoner the bar IL Justified by the Law of the
land under the Circumstances OF IT. COMMISSION; The
other that, whether justified OF not, l. iIee from
legal responsibility by reason ut the state OF the prison.
er's mind When the crime committed against
him hv the deceased in bot points of view. the rela
tions which the deceased and the prisoner At the bar
bore To each other at the moment Of the fatal act are
Ia be obscryed-Ouc, husband outraged in h,
house his family and his martial rights the other
a,ulterer in fagra4fc dei5cfo While counsel for the
prisoner n.st that the act justified by the law the
counsel or the prosecution assert That the act r. de-
sructive If the existence Of society. and demand utg
meut of death against him fitting penalty. The
very existence Of civil society depends not human
lie but on The family relations. W no knows not,
says John Milton, hat chastity and purity Of living
cannot be- established continued, except De brst
established N private families from whence the whole
breed Of men come forth T. The family SAYS
another distinguished mcralist d" !. the cradle OF sensi
biy where the fin. lessons Taught Of that tender
aud humanity which cement mankind together
and where thew eytingu.sl ID. the whole fabric O.!
society would De dissolved" IT. n general serse
the iluiy may embrace various degrees of affinity
more OF les near; but IA "A strictly legal sense Il
embraces the relations Of husband ard "ie' Psreut
and child, brother and sister. Tine first aud most
-acT-d tie however, i The uupt!al bond " FtfTh
di-cord aud violence p SAYS greH; WO-a.i,i,
&c would en-ue f chief object O.! affection
were secured 70 hun 10y no legal tie. No man
could enjoy any nappiu,s- or pursue any vocation Il
he eGuli net ert0N d. wife free from the assaults 81 the