The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1859-04-20

an arulierrr a. against bnrgur. Humai
y isws IN ail civilized countries. allow mar
! IA kill burglar whom he may dlscpv y
/, breaking into his honse al nlgh'. The l)l
vine sanctions The killing of burglar, an
he ssmr authority must sanction me rr
dress Of Tie Far greater injury done BY lh'
ndulierrr.
y Mr Maqruder read part of The .Enplisl
, INV on the subject. citing The statute of 4 =
/ ward I. winch makes adultery desdIy sIn
, NJ also cled The laws " Massachusetts
! 04io, virpinia. and rsnn-ylsania, The o. !,
) ates where adulierv Is legally punishable
lie confended HAT Key was 'respa aS-er OF
fha home OF Siches, and that rAles had q
/ perfrc, right to punish him. as he would
, have > right 10 punish him or any other
tresDasscr. He desired tiai the counsel ior
the prosecution should prvys hat there was
malice IN killing, aud not leave Il 70 be i'm.
piled. Ii they irlpl7 they will fail TO make
ont their case. The defense need not e.
further. Ii malice is not proved, The jury
could acquit The priS0ler on the evidence
ghus far addnced.
4 a Jury ~ twelve Indian savages would
Indignantly repel the idea Of conviction.
Prom he testimony 20 far presented. The
pos cuiinn must prove ihat there was
malice, and the jury cannot build verdict
on The presumption oi thing which does
nOt exist. II Il tragic thing to shed boDd /;
But X is not always tragedy TO shed the
D God of On adnterer, al u had been proved
by ne ~ yidence for the prosecution thar Key
had deiicd the bed 81 the prisoner At lh'.
bar; the latter had admitted he was -
wrongtd, and he hal ample proof ~ II. Thc
defense u ighi there rest their case and DE-
mani The acQustai II the prisoner. on The
grnund q having proved tie aduiterou- inter-
course; bu, they would not SOP here; they
Intend to present 10 The jify facts oi The
adnlierons proceedings Of The deceased, with
all their revolving details. proving that Al
tie very time ihai Key was engaged IN
them, he was trusted and familiar friend u
the prisoner at the bar.
Mr Graham iooG up the Biblr and com
rlrncin- AZ Genesis, liz went through ~
prove the justice 81 killing Hnedu,crer. II
cited eases oi U 5. ". Jarber, who wa
tried in this court iof killing The seduccr oi
dis sister. In thai case the Judge ruled
'hat the Jury must inquire inio the stsie Of
the prisoners mind al the time % killing.
lie thought il was conclusivcly proved from
these and other passages that the rrenlesf
crime known and recognized by the BibI,.
~as adultery; aud II wps s,ewu IN the con-
n.Ou tribunals of the world thar there was
mo create. pfovncntion that could be rt.rret
M a niau; II was folly 10 punish man lof
MIA, lie could mt help dong; sni mai
could iOt help inflcIing summary We ngeaass'
upon q man whom he discovers t. Inv.
Nronged MIN ID this way. Il was not ne
cesary tia the nrGierrr should b. ,sngh'
40 tic very act oi committing his crne.
Il was sufficient 10 discover aud catch him
50 near 10 irs commission as Key was in This
cass. This was an that wss necrsssr,. and
then law can look into the degree Of provo.
cation thnt was offered ~ The hnsbnud
I Or .hnm was listened to with inir nsf inter-
ct The court room vos more crowded than
heretOi0rs.
When the court adjourned Graham had
not finished
NAsHiaGToN. April H.
Such II tie nnxitiy manifested to be pre-
sent at the trial to-day, 'hrt tefore the doors
y ere opened fur tile admission u Tie au.
dicnce. the coUri-fotm WAS crowded viii
persons who had obsaincd ingress through
the windows.
The points which Mr. Graham presented
for he cons derution un Sr'urday wcre:
1si. That the Government was bound 10
make ouf their case.
~. Tna, malice was not 10 be presume 4
but proved
81. Ilnw FAR adultery is 70 be considered
a Uioyorafiun.
: d. Why such a crime urder the old com.
mcn law was nvt murder out mans.augihsr
5th. Why the extinction Of pfivieeiun
clerical. she slight burning 10 the hand.
which was punishment n such cases, Is tan
iamonni 20 a,q'ittul.
en-. Whether she frenzy nrturnl 20 4
husband under circumstances cf such char
acfsr does not produce mentul uns,nndness.
\ 1'hesr -ix points wefe considered S,tur
day. The seventh point The counsel had
not discussed, bu, which i % Be considered
to-day
7lh. Whether. viewing the case as one OF
ungOvcrnsbe pssso ~ one Of resentment
produced BY passion, there VAS a sufficient
ne FOR the defendants passion 10 cool. and
for reason 10 gsi the better uf the transport
passion, ,nd whether his subsequent acts
1--we re deliberate before The mortal wound wss
given 10 The deceased.
The seventh i the poin, to be discussed
to-day.
Abou, III o'clock this morning Dir. Sex
les was conducted into conrt aud t0uk hi.
seat il the dock. Some of his counsel and
n Mr. Emanuel B Han having answered y
their names, Mr.. Graham resumed bis ar