New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-26

TIE opera giass, the keys the eks waiting To receive
them The intent in his mind ,eng exclusively TO EN-
ploy all the intellectual Of b,s physical and moral
tare 10 commit th" act of adultery; Mr..
Eekes sees hw. thus, all Of az,
hs- counsel undoubtedly think, engaged WITHIN
The meaning OF P.w in the act of adultery. lie Sc
him engaged "a the act Of act Of burg ar5 VINO
watches ~ he while his confederate u oreakns
hto the safe Of an transporting merchant - ~ ..o
conformation Of law, engaged in the act OF burglary
MI key, with the means OF tn rs having the person %
Hrs Sickles, is there approaching the house OF nt
Sskles, suppOsiug that he hal entirely eluHeI e ia
Ger; he is eager, he thought certain 70 opIn 'he
that be not taking an the act 81 aduieIy IW0ui
Ike the learned counsel for the prosecution !" tei me
what it was. And Mr. sickieS, having weapon II. IN
his possession, which he had been accustomed TO
carry for reasons which we need not declare,
with the realization Sf 81 these facts preaIng down
with terrific weight on his mind and heart ana soul
thus meeting Mr. Key, and understanding thoroughly
the vile purpose Of his heart, was not to shoot hlu
ask nv learned brother 10 tel me what he was TO do
\ vouh like to ask ell assembled humanity what he
was 10 do To bid him good morning, To pass nm
s,leptIy by TO avert his eye Daniel +. Sickes,
man OF unblenching and unvaried courage, a. know
from the past associations Of our lives let Philip Bar
ton Key believe that he could not only sedHce ms
wife, but COW him If he had done any
thing more or less than became man,
under these circumstance whatever may have been
the intimacy of our past relations would nave Dren
willing 10 see him die the most ignOmniOus death be-
fore would venture % raise anything in his behalf
but prayer TO Heaven for the salvation which after
death might come. lApplause.I tie md meet hiIn
he met him under the influence Of intense prOvOca-
ton fresh upon him. and here, your Honor,
Lss i have totally MISUNDERSTOOD the indisputa-
bic facts in this case, this question Of cooling time
disappears entirely, If, indeed, there il any such
thing as cooling time applicable to such a case.
IL was not thought so in the case OF Bower, where
month nteryeDed; and il was not Thought so IN the
other cases where longer time interviewed. with all
Difference your Honor and TO my learned opponents
respectfully submit that the phrase "cOohng time
has no kind of application to such case as we nave
here but is confined To cases OF combat, collision,
ARRAY and physical violence between TWO contending
beings We know just well know that
there is breath in our bodies, that it IL idle TO
talk about cooling time in relation TO the hus-
bard who knows that his wife has been seduced,
whom he pressed closest to his bosom, and if
the laws of the land do say that there is any time
In a career Of twenty millions Of years, when the
indignation of the injured husband grows cool in rea-
non TO the adultereT of his wife, i hope | am not
irreverent in saying that these laws of man are i'll
direct hostility TO the immutable laws of God In this
connection and in reference to the subject of malice,
which here naturally associated sen with the question
of cooling time counsel referred to the of the
State against viii, LIST Devereaux, and Batteie l65,
and argued that in view of the exclamation made
by Mr.. Sickes at the moment OF the homicide,
that the deceased had dehled his bed, the pre-
sumption of malice all gone, and IN the
language Of the Judge in the case referred TO,
the act must be referred TO the present
and declared motive. the effect TO its lmme-
date cause and not for light reasons to any
preconcerted purpose" He argued that there was
no evidence in this case that did not necessarily
clude the belief that Mr. Sickes could have had any
preconceived motive any malice, or any deliberate de-
sire Of revenge against Mr.. Key lie referred to
The State against Mann, Vol. TO- Humphrey p. So
As to the question of provocatioD, he called his Hon
Ors attention TO the following passages from Black
stones Commentaries, vol. A. chap. II: "Ot which
life, therefore, can be entitled 10 deprive him
self another but in some manner either expressly
commanded in deducibe from those laws
which the Creator has given US, the Divine
hws-I mean of either nature or revelation.
Second-In some homicide siustifabe, rather by
the permission than by the absolute command OF the
law either for the advancement Of public justice,
which, without such ndemn6catiOn could never be
carried with proper vgor in such instances where
II il committed for the prevention of some atrOcous
crime which cannot otherwise be avoided lie spoke
Of the well known principle Of law, that man may be
convicted Of rape even prostitute, and that she
may in resisting the aggressor, take his life But he
eontinued-hear men of the universe hear IT, men OF
the United States-that IT is claimed that man not
permitted by law to do anything for the protection and
yindcatOn of his hOn0r-he cannot be raped, but he
can have the greatest aron put upon his right can
have the relations between himself and his wife violated
he can have the legal contract between him and his
wife made valueless TO him by the ruthless hand OF the
sdulterer-he can have his name made byword and
a reprosch, and can have his wife reduced to thing
Of shame and cannot raise his hand to prevent all this
he can have what more 7 Look, your Honor, at
Daniel f. Sickles; look at Teresa, that was his Wife
look at the woman whom l knew in her grlhood, IN
her innocence, and for whom, IN the past, as now,
pray the good and merciful n;erposon of Heaven to
make her future life source OF happiness, and
Of no more anguish than is inevitable for the re-
pentance TO which her life should be devoted
Look at Mr. Sickles and look at that poor girl for,
positively, although the mother of child she is
girl accessible TO the influence of master intellect,
though the sphere of its mastery be even in region
of seduction And look at that young child, standing
between its father and its mother, equally influenced
by the great laws of the Creator to 90 toward either
and destined to leave one No Judgment of Solomon
can prevail here; but perhaps in the case OF the
rival mothers il might be better TO divide that poor
child in twain, and leave One-ha at the feet OF each
parent than let it live from the period has now
reached. Look at that case, and say whether You
may break into the sanctuary of mans heart, rifle
the treasures of his home betray the friend who has
confded in You, outrage his hospitality, bring shame
upon him, leave him almost hopeless, a wanderer
in the world. Now, what says blackstone On that
subject: Though it may be- cOwardice in time of
war between two independent nations to flee from
enemy vet between two fellow subjects the law cOun
tenance no such point of honor Why the ndUee with
which Blackstone always explains principle o the
common law and with which, IN this case, heappTOpr-
stes the SaXons that which they never had this very
trial by Jury which all who investigated the subject
know belongs to the Continent is developed in stating
the reason why man cannot protect his own honor |
Because, Gays he, a. the King and his Courts are |
the rtRdtces fajUTdTHR, and Will give 10 the party
wronged all the satisfaction he deserves" This Is
Blackstone. Is II the duelo' Now, is il not more |
consistent with the analogies of the law, consist
ent with the marital relations It's duties rights ana
responsibilities; consistent with the structure Of
our government and the character of people, with
habits, usages, thoughts, feelings, sentiments,
principles to adopt the relations for which my brother
stanton contended with so much powerl Is there |
anything in the law of the land inconsistent with his
great conclusion-a conclusion which all OF us ar |
rive at-that this circumstance of consent en- |
ployed to distinguish the case of ravisher |
from that of an aiuterer, make no |
difference IN regard TO It's consequences, unless can