Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-18
THIRTEENTH DAY-MOND1Y
THE MORNING HOUR

X.
AyrH 1S.-The courtroom filed SLOWLY this
morning. At half-past some dorm or more
young lawyers had arrived, and entered squatter
claims To many choice front seats At twenty
five minutes to 10 enters Mr.. Thomas Francis
Meagher, rosy-cheeked and fresh. Three min
utes later enters the elder Sickles followed by
Mr. Woolridge.
At twenty minutes 10 10, Major Miner plants a
ladder against the doorway and slowly mounts Ia
the Connecticut clock, and gives it the regular
hebdOnadal winding up. The jury come in al
five minutes to 10, clean shaved and cheerful
evidently immensely beneftsd, either by the day
resi-, the pernsal OF those good books asked for
| by them on Saturday for Sabbath perusal Now
| the arrivals thicken, hr. Carlisle enters by one
door. and Mr. Chiffon bV another. and inst about
this time come in school of Assoc lated Press and
other reporters. At five minutes past 10 Mr.. Brady
riyeS. with his OvCrcOat carelrsslV bUttOued al
top and bottom. serving To bring his finely devel-
OPed chrst and shoulders in full relief.
At fifteen minutes past ten comes in Mr.. Ould
with black Grape lIiS left arm. Punctua 10 hi
Us Ial moment Of arrival Judge Crawford takes his
seat al twenty minutes past ten, ard the prisoner
is sent for
Mr.. Philips arrives at twenty five minutes past
ten, barring Il sheeEskin covered book undPr d )
arm. The petit jury are called answer TO the r
names. and are told they may vamose the rancho
if they choose (but they don't choose, they are
not wanted for i fortnight, al least
AZ half past ten o'clock Mr. stanton comes in
with d bfsk step. dcpOsites his hat la the prison.
ers dock. lifts his gold rimIned spectacles to his
forehead, and seats himself in the vicinity of his
Lat, but outside the dock, OF course.
Some minutes later, Mr.. Gsaham makes his ap-
peaTdnce. and with cool dT1iberateness divests
himself of his natty white OverCOa and slowly
drops into his chair by the side ~ Mr.. Radcliffe
At twenty-five minutes To eleveu the prisoner
enters and mods chcerfuly To friends he recognises
is he passes into the dock.
Just abOat this time a colored boy brings in a
hugc pile of books in law-calf, and deposites them
of MaUTuler N hlup ali
At twenty-five minutes to l Mr. Oud resumed
his argument OF saturday, IN opposition Ia the ad-
mission proposed by defence, of evidence tn prove
adultery. He denied that tue jury had ANYTHING
10 pass upon but tlir killing. Did not the law de-
eide that there could be Justification. prOvoca-
ton. cooling time. where malice was the actI-
atin9 cause The jury never do nor ever can pass
upon the question al suticiency. They pass Oh
their truth. bat their suiiciency in law Il
question for tine court III not sufficient in law
they did not 90 before the jury. Was not this
IN practice. as We II Us on the general rule of law,
Brady. The defence refus, to 20 into the discus
sion. other than tie particular point now before
the Court. They Oher mere To prove habitull
adultery. AS To provocatiOn, cooling time &c
they proposed To have something to say II another
time.
Nh Phillips said it was not necessary here to
prove complete Justification.
Mr. Ouiu said lc had then misunderstood the
argument OF Mr. Phillips. lie had understood
him as cOnhuing his argument 10 d complete JUS
titcatiOn. On tie part Of the prosecution they
contended that there was no legal JIsti ication.
To illustrate his argument. MIR q. read from the
case of Pennsyi vdnia against John Bell; Addison s
Reports, page 100; also from 9th lredcl the case
of the Stlte against John Creighton, pages 1G9,
H. Isl la and ID, tOshOW that paililte rhine
from murder Ia ulanslaughter. was a fixed ques-
ton OF the law. Ia Manning's case, the Court de
trrnincd what was the sutfCienry of prOvOCati on
under certain circumstances aud what was not.
Tie same ci Renaissance Was laid down in Selfriges
r;SF. This was a To the effect that the Jury was
To give To the question of honor and dishonOr.
Mr.. %. referred 10 second volume Archbold
Watcrmans notes TO show that in every case of
vocation made the subsequent killing al act Of re-
venge, and therefore constituting the crime muir
der-that EIan was 10 he the avengcr OF his own
wrong. hut that vengeance belonged only to the
most high that whether sufficient cooling time
had ELAPSED not was a question entirely for the
court and not for the jury.
At this point Mr. q. suspended his reading
! while the grand lury MAS called. They Were dis
missed until this day two weeks. Judge Craw
| ford. in d>missing them, said the court hoped Il
yet thruu-h this before that time hut that Il
District Attorney would require some days to pre-
| pare new cases
| Mr.. Ould then resumed. abiding 10 the argu
| ment Of MIR. Phillips that the evidence proposed
| 20 be offered for the puTlosf Of r.butt M
| malice Before this evidence could be entered
| for suci, purpos''. il must he pronounced 10 bt
legally sufficient. II il true that this eyidrpc,
Was incompetent what difference WAS il whether
| tie motive OF the defendant was real or feipned
In JarDOc's case. 4 witness was introduced OF
the part of the United states Ia show threats ON tb,
part Of Jarboe towards the deceased; in detaiIin,
| the conversation which took place between IN,
deceased and the prisoner, all the facts OF the cas-.
| came out.
TLis Indictment had char yed, So SAYS tue learne,
counsel that Mr.. hey was in the peace of GCd an,
of tue United States and that this was not So ant
CONSEQUENTLY the indictment could not be sus
tanned This was, as they well knew, a form q
, law, which did not require the prosecution
show that at the time he actually in the peac
Of God
But suppose he had been drunk and reelin
! along the streets, would it be pretended that b