The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-15

Ccur. rejected the evidence TIE counsel then ored
not that the deceased found IN toe fact OF
aduterous intercourse had occurred
ibe pates and as he bad before said the counsel In
sisted that's knowledge or such belief Dy prisoner,
would mitigate the crime from murder 70 mansaughter.
All the authortes-Hae, Foster, East, Russell, Back
stone, &c.-are against the course proposed; and
Mr. oud further argned to exienuate the offence the
husband must md the deceased in the act Of adultery
with bis wife The rule Of Judge Battle was on the al.
mssibity OF the evidence. The pfopostion was tnAt
such evidence was competent be offered because,
the jury believed toe evidence they could reduce the Of
fence from murder 10 mansaugnter The decision was
against his for, the evidence fell short OF shaving
tna the parties cangh IN the fact, was inconpe-
tent for any such purpose Was not this dentcay the
same caseY IL was merely proposed TO o1sr certain
under the soemuity Of OATH After further area
ment, he said seemed 70 the counsel for the United
States that the statement was entirely and totally neon
Mr. Stanton replied--The evidence offered presented
proposition entirely different from that argued by the
public prosecutor Al the moment OF the act Of hori
eide the prisoner declared that the deceased had violated
his bed. On the previous day he found terribly exst
ed. To clergy Of this city. who met hun the sam
evening, he app ared defiant and des0st and IN IN
condition he ia traced down 10 the moment Of the no
micidc afterwnrd. No who heard the testimony
OF Mr. Walker would ever forget It, The defence here
proposed 10 PROVE as partly accounting for ths condition,
that certain communication was made 70 the prisoner
The public prosecutor objects 70 that and folio wing the
argument Of his associate yeaeray ntmates that there
two cbsses OF men on whom that comnunica
ton would produce insanity Who 10 be the judge Of
thatp Not the court but the jury Tney to deter
to how this communication would az, the
Ot This prEoner The public prosecutor had, how
ever undertaken to argue tna the offence OF Staying an
auterer cannot be reduced from murder TO maDsaagb
uness the husband had occuar demonstration Of Ihe
fact He denied thai that law he denied that II had
ever been so decided and he denied IN the name Of hu
mapity, that would be decided. Counsel wanted
Understood and held n mind, that, although the prison
er at the time Of the homicide, declared that deceased
had dshonored his bed yet the correspondence between
the prisoner and deceased in reference to prisoners wife
had been excluded. But yet counsel did not complain Of
that ruling So, too communication from the wife to
the husband which was enough 10 induce the prisoner
sacce, not life, but whole hecatomb Of lives,
excluded and here communication from third party, Of
and the prosecution object The cited by the public
prcsccuor in 9Th Iredels N C) Reports the OF
slave wife. Was true that the condition Of freeman's
wife was the condition Of that of siaveY dc denied IT,
and there not within sound Of his voice who
would wade deep in blood gainsay such pro-
position. II Philip Barton Key had owned married wo
man as aave he might place halter around her neck
and lead her to the snambles but could he do 80 with
ree woman The prosecution, in their thirst for blood
had forgotten the institution Of slavery, for the Judges
had laid down the principle that DO civil rights
qured by slave account OF marriage. But the very
evidence which 10 that North Carolina excluded
the point of Justification admitted the point Of
showing the prisoner state Of mind That was all they
claimed in this They only demanded for the prisoner
Ut the bar the same right which is accorded TO North
Carolina slave He would show that In England,
since the time Of Charles H. in adudged by Lis
dale one Of the most corrupt Judges OF corrupt age had
lated his hearth and DOW II was 10 be seen whether that
Was American law. II it was, bis Honor would be the
FIRST Judge In this country who had held that the
Who had slain his wife's aduiterer murderer and
not to place in evidence the justification Of his act
will show you moreover counsel proceeded, that
in this land has been SO held; that the civilized
earth has 1t been held that never by any judicial
tribunal anywhere, has IL been so held. When tn 1t
question comes up shall shake hauds with this prosecu-
ton and meet them upon IL here Your Honor, you
toeay whether this evidence to be against free
who has vndcated the honor Of the marriage rea.
ar IA hnxk
shall be punished who, under the influence
Of passions excited by outraged honor, humani-
ntSre ieens oSs mas san h tas H,.or S"Ffupio M n o.
bed, and the dishonorer Of his home. The
counsel then referred to Judge era Words ruling in
case and in Days case, and claimed that those
uDgs covered the ground here, and author zed the
PRODUCTION Of the evidence proposed. ae asked, then
that on these principles the ordinary feelings OF
should be recognized and the ordinary rules of evidence
followed and that this evidence should not be excluded
in order that vengeance might obtain the blood Of this
prisoner, who wac 30 1eTcely hun ed.
Mr.. Oua responded-Counsel for the defence had in
sinuated that the public prosecutor actuated by
thirst for blood and that he hunted down the prisoner
Mr. Stanton disclaimea making such charge.
Mr.. Oud replied, he could let his argument and con
duct In this go before the Court and before
world In contract with the dsreputable rant which th
counsel (poiptng 10 Stanton) had exhibited There
no place where gentemanly feelings could be better
shown than In forensic contest OF this nature and
there was no place where vugarty and rudencss could
be better exhibited There seemed TO be divisions as
to some, comedy; TO some, the part Of walking gen.
tlemen and one gentleman appeared TO fill the Office
house in order One Of the counsel had carried out
the part, whether assigned 10 him not, of the bully
and the bruser [Sensation In Court No one had
greater dislike TO personal antipatbes and personal
controversies than hmseif-no an ntenser of
the person who gets them up or Of the method in which
they are got up he stood here under the soemn rec
ponsby Of his OATH and had sueavored to discharge
his duty faithfully as public prosecutor He had not
now and had prejudice or lfesng against the
A. I..A hal k,a.
prisoner at the bar had mbruei his hands in Fellow
creatures blood he would not be restrained from de-
clarpg it, He should not call murder geDtIeness, OF
malice good feeling. He had only risen now for the
purpose OF relieving himself from an aspersOn which
had been wantonly, and he believed vndcuvely, made
az him. The exgencies of this case perhaps had
demanded that before this he should have vndcaed
self from the aspersions made against him in the
the He was glad ohave the opportunity of doing
SO now.
Mr. Stanton (wbo sat beside Mr. Oud during the latter
remarks) earnestly saying-l know my duty 70
client, 10 the cause to society " myself too well 20 ao
myself to be drawn aside by such personal consdera
ons. am not TO be drawn from the principle of las bs
any such resort Of the counsel for the prosecution vii
leave his course 10 be judged o by the whole world
his justified by his being public prosecutor, be
say the law he presents here not adapted to
state Of society say the law, the principle which
he claims IT, would lead my client the galows by those
who mainnantly seeking for his blood. have u
the honor Of his acquaintance and, after his Language
just uttered do not desire it. This sentence followed
the stamping Of many feet by the auditors without the
bar but the Marshal and officers restored order
Mr. stanton resumed Dy repeating tnat such law as that
insisted would conduct hts client 10 the foot Of ga
lows and that there private prosecutors here
cannot be said reply TO the counses remarks. defy
them. scorn them. don't fear them. (Much sensa
top)
Mr. Carlisle closed the argument for the prosecution
He would address himself simply and briefly 70 the ques
ton Of law pending If he had no other motive for being
brief be adonished 10 he brief by the heated air
this court room which already testing his strength
He was at loss to know on what distinct ground this
dence offered.
Mr.. Santon-It is offered to for the state Of
mind in which the prisoner was shown to be-
Judge-So II 10 understood.
Nr. Carlisle would then inquire whether II ad
missble for that purpose? Il not competent To
prove insanity by the decaratons or coumuncations
Of other parties, but by the acts and declarations
the prisoner himself II any OF the progresstas of the
law could show that any other principle had ever oh
tanned, be should like 10 have the pointed out Il
him. Whatever communication this witness, like
IsRo poured into the Of hls frieniir might bs
permitted TO refer TO play which seemed to be speci
property Of bis friends the other side--was MOI
important; the eject which that communication pro
dnced on the prisoners mind the only thing thai
was important Az TO the acts and declarations Of tn,
prisoner himself the widest latitude had been gwen
paint his state OF mind through the given nv