The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-26

that OF an aduterer can make no difference regard 70
rs uuess y can De said tna .ns NV
fraud On the established relations OF husband ana we
BY fraud in law, thenY do not know on VIVA. view Oh
q DUTY, Of society," or OF legal principle any soch aspect
OF the case is, or can be presented.
District Atiorney-rhen what Is the difference between
Mr.. B'ady-smpy that one is made indictable by law,
sno punished with serious the other ID not
90 ,sr Us sne concerned utterly unmpor
&pt 70 mn whether the offence Of the party polutpg his
VIE Is that OF ravisher adulterer except
wei stated by brother Stanton; the party committing the
adultery superadds 10 the deoweng OF the wife, the
ra of all the trus and confidence reposrd in him by the
husband and then In moral point Of view the adultery
becomes the greater offence. And, inasmuch as no
use OF mans wife be made by reason OF any con
sent that ,he gives, the who does take and pros
ute her b. his lecherous purposes commits fraud uDon
the law fraud on the relations of husband and wife
and fraud upon the husband The consent OF q child
five years of age TO taking articles ous Of her fathers
boufe avals the thief IN such than the
Of avas in lessenipg shs crime Of a
This brought him to another Of the instr uctons
The question to whether there being doubt Oh the ques
ton Of sanity insanity that doubt belongs 10 the pr
He would not stop 10 read the case OF the People
against hccann, decided In the courts OF New York,
where il was fully and plainly determined that, In
making ont Gaze OF MURDER Is az ne iessrry for the
prosecution 20 prove that the prisoner was sane s 10
prove any further fact BE granted that there being
no jus excuse the law presumed malice ana
the presumption stood for proof but when in regard TO
the element essential 10 constitute the OF MURDER
doubt thrown on the question OF sanity, that s
doubt affecting the case OF the prosecution. Whether
The doubt related to the fact Of killing, 10 the sanity
understood that that question had been moeted before
his Bonor IN the cases OF Develn and oge and as his
Honor had considered II he would abstain from any
extended remarks Oh that particular point
The JuJge-Tbe case was made and decided at tue last
June term of this court in the case OF the United sstes
against peven The Court stated generally that tue
benefit of the doubt belonged to the question Of
sanity insanity as to any other matter involved.
BIr. B,adyThen, your Honor have certainly nothing
10 say on that subject.
The JudgeI think when The case comes To be examined
there will be authority found for II.
Mr.. Brady referred 10 come additional authorities, and
proceeded discuss the question of insanity He alluded
the fact that the last report the Lunatc Asyums of
PeDpsy showed that Of the melting causes Of asany
that which by far the most frequent domestic
scticD; whether that result cerresponded with the
suits obtained from other similar institutions he was not
prepared 10 say; but he did know, and all men knew that
nothing the spirit OF than that which
sails him regard to his place OF refuge When proceeded
COUNSEL we are tired of the world, fsgued with employ
ment desparng, sick at heart, Diseased in body,
home is the place where expect to find comfort and
repose and soace, and sweet society and that which
assas us there is tho deepest atont that be
upon us. In illustration of this, ask omission, your
Honor, TO let the TefugeDce OF OF the stars, to
course OF this case, be shed for moment my path,
and the path Of investigation which the Judge, and
my learned opponent, and the jury, are to pursue !
entirely acquit my learned opponent OF having intended
any thing unknd in his alluson to the drindts ero,nR,
In which the heavy gentleman, and the light gentleman,
and the walking gentleman figured Wba, particular part
my learned opponen. intended TO assign me, l have
yet been able distinctly to understand When am
member Of any theatrical corps, sincerely hope may
achievements this trial show that the stars to
shine, he may take his place in the galaxy 1t is true
the defence Of Mr.. Sickles. Two of them came from
his Slate, Of which they, like himself, are
natives-my brother Graham and myself Gen
emen from other States here, and there is one bere
at this table, Of my cherished friends the friend Of
Mr. Sickles, who came here we who are from New
York expected come, without fee reward or
the hope thereof TO offer up behalf of his friend Sick
les this hour of his trial. that affection and devotioo
which he once rendered in behalf OF his native and
and Eov yh~ n hQ n
was placed in the criminal dock Of his native land, aud
subjected to the concentration Of death In the share
avail myself Of The great services OF the gentlemen
around this table, and In the address have made,
have endeavored to speak their sentiments thoughts
and opinions am sorry indeed II under their instruc
tions l have boon led into ANYTHING erroneous My
friend and brother Meagher, TO whom have just refer
red, and who gave dignity TO the criminal dock
in his native land, which sincerely hope may be iu-
parted this dock by the presence Of Mr. Sickles
this trial has asked hmse Of that condition
Of Mr.. sckes how it was produced, and in relation
TO the principles Of law which affect 1t. 1nme
distey on the rcene which occurred in this Court, of
which none Of have lost the recollection, he nst
tuted legal inquiry and made suggestion which, MS
his construction to the Of his client, shall quote
Brady then read to the Court the following from a
manuscript Of Mr.. Mcagher's: In connection with
this eubjectthe state Of mind In in which Dir. Sickies
committed the act for which he stands arragned--you
recolect what occurred in Court on tuesday morning.
the 18th OF April distinguished entsman was on
the stand In distinct and emphatic words, but
nevertheless with an emotion which it was plainly
perez ptble he controlled with difficulty,
be told Of the distraction, the bitter wo, the wild
Oscillation, the frenzy, the despair the strange, unut
teTate, upeartbly agony in which he found Daniel
+. Sckles the afternoon Of that memorable Sunday,
The 9th Of February. He seemed, said this distin-
guished witness, his eyes and heart filling up
and over1owing he recalled the sccne--he SEEM
ed particularly 10 dwell the disgrace brought
upon Lis child These words set free the tempest
That had been so long pent AS they fell from The
iIs Of Robert J. Walker, there occurred here in this
very Court which, from the memories Of those
who witnessed it, never will be- can be- blo.ed
out All eyes were turned 10 the dock, every eye Was
eager, fixed, dlated, quvering: and there he-he
who from the first hour OF bis Imprisonment down
the uterence Of these words, had borne himself with
heroic camness, suddenly overcame and racked
with relentless grief, struck down though he
were himself the motherless aud houseeas child for
whom he wept smitten to the quick and beaten
the dust, dreDcbed in the gall ana NORWOOD Of
tribulaticn the depth Of which mortal hand
sound and over toe subeidpg food of which arch
of Ieace can shine. There he, the avenger
the invaded household, Of the than murdered wife,
OF the more than orphan little One-there he, In
appalling moment Of parental agony, subdued Last
TAX of the mind oiseased-alk of the circumstances
which unbDge, upset anu madden i-tak of the dsrac
ton IN which ruthless lerfdy had plunged my client
and fr,erd-tak Of his condition Of rresponsbilty
when he dealt the fatal bow-tak Of this with your
worrying beTogatons strive TO elicit the recollection
II from these who themselves the Witnesses of it, were
themselves agitated as they never were before.
IHere compelled to break OF our report.l