The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-24
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Nf. BI AdI=Ha Honor sdn- led lnatr r.

w. Carls'eI am glad i, is the Judges ,asg,ass
nr. Hsy-HIs Honor ado ted those instructions.
hr CaTIs e--could well imagine h0w hs poet ca reuD
The other side, who seemed 70 ths great
Ut rs npgers end, co9id make an srsnmsn Oh 'nes3
~oIds, diseased mind" He could traospose Sue ~
aud say with Macbeth, " Caoet thou not motter u
mpd diseased, pluck from the memory rootd sorrow,
rsze ont The written troubles Of the brAn?" &, Il, l
doctrine wonld amount " making ungogernablo oassoV
an equivalent u in aDy. Such doctrine woull ses
The eighth proposition was similar to the seventh mr.
.ba. the Jury believe from auy ptedsposiDs Gauge, NJ
prisoner mind was impaired. and be becams meas4ry
incapable OF governing himself &C. Why, sad be- eyes1
man who 10 under the iphaencs OF able fass1
and thirst Tor revenge mentally incapable Of go7ersios
nmseh But who would argue that bs not accaEsS.
ole ior acts done under that nuenceY Mr sicaies hD
aaoped the theory Of bis friend, and aivfsei ss
was DO fme To kill Mr. Key under these oss,
ois proposition asked his Honor TO SAP ,ra, tDsa wsS
90 crime, and that the Jury must asqnn him.
b ned nn'n proposition again places 10 hs provi,es -
ne jury 70 declare whether the prisoner caosty -
mila TO decide upon the crmusiy tho pasnc,Iv AK
.ae no%eds and they ia nk he mad Dos no iay nrt
sequt bm There vas code which mxhi hod hal ~
deceased had forfeited bis life the prisoner Tna w.
,ne ase,ne code II was not the cone Of saD
vut u hohor, wnere II 90 arranged .haa tho ousse
,hsl be placed on terms Of equality. Wah M 20 H.
boreser they had nothing TO do. II unen rsstln
society.
CeouseI for defenceI have lately perusi Mo nb.,rz
Mr.. Carlsls-No, sir. I have DO desire 10 sead n
Cout sci for defence-rhe adultersr has nesey DeSD
placed on the fooog Of an honorable aD eus his bsso
Mr. Carlisle proceeded to discuss the ten.h proposition
Which s that the law does not require tina, he 10 apni
which absolves from crime should exist foS any ds1
peiiod. but only at tho the rcs couiS.
ed BE did not believe in such Of iDsapiy. ~
hs had ever laid down. and tbs proooeys,Sn -
entitled " no favor from the Court.
Ih. eleventh proposition was, that the jury Dave sn1
doubt % 70 the homcde or the sanity Of he prsos
Dc should De acquitted ae argued tnAi The pTesumpu5
was to be In favor Of sanity not OF insanity The psop0.
seon bere waa that that presumption should asappsDs
"a OH
about sanity. Insanity the most easily he
naiter and this doctrine esabpshea oil cases .
defence Of insanity. The defence Of insanity 1as rS
clio defence, and must be proved arnarveiy and s..
should be placed favored grounds than any ones
defence. On the contrary there every season VIM
sonable doubt The doctroe embraced in shis piopcs
TOD was very dangerous doctrine. Is had been iaLD
Gown BY all auihorse and decided by the i.siye judges
oi England, IN hcNaughten's case thai :he defence u n
sanity must be proven to the eatisfacton Of the fury
M Brady understood, that In tho case Of man named
Oya uca before bis Honor this very question had BEEN
Mr. Carlisle vas %. ismlar with tia: case, snd wo Id
he Of Se =
NaIshten's case, and closed bis argument.
SUMMING UP FOR TIE DErMTCB
Mr Stanton pad became his duty pssssr, aorne en-
efaons support of the points Of Law which had been
scbmed by the Defence and which points were IN on
o5my with nosc which may be given 20 jury. ne eysA
which bad brought the Jury and the ponsr - The BAD
into solemn relations, and made the Cour. and ,hs cour
parcipators in this momentous trial. the deah Of ~
Key st the hand Of Mr.. sces, Sunday, the 27h q
FebruayA The occasion for this Was an adalsao
intrigue between Mr.. Key and the wife Of ur. HoAss9
The law rising ON the must depend on the relations
each held 70 the other 1t the time the Occurrences l0o
cuon ,h Omar bv the csencs Tnss. .Sso. ~ sss s
ell tuch cases, opposite; ana viii be for hs Opnk
by comparison Of these theories with he known prhc
IN tn Tho iurp tna
taking human life s densnated In Lag ~ the geneT
term Of homicide which may be either by maIes -
without malice. The act Of Congress which governs n h
District desgnates two grades OF una sfrl komcI5e
nancy, muToer and mansaugher He deaned thess syo
In the language Of Blackstone ecne States TIA
law desIanates other grades Of unawiu hon, c,de =
only desgnatea BY the act Of Congress above re-
Teri I'd to, but life may be taken uniel circumstances WHICH
the will justify This must depenf o. "
riety Of crcumssanoes, neither foressen esueSae
and must be judged by wise Tribunals, and By naximS
which the common Law Of the land and eseeis1
to peace security They ustr aed D, exam les az
cases. whence the Of the law can Re derived
by these the true rule Of judgment is asceT,anej -e
ineDJvnipg two classes OF which man Eoll
be exempted from judicial punishment for ilpg-nsme
y, sen protection as natural right, tho de,sroe -
ones household from the thief Tocoer-ho thsya
third class arising from the social -ela cn,ne Is
holding family chastity and the sancty or lie "a .rras3
valuable and estimAole In law than properly or life -
any 1he present belonged class on h
rested The foundation OF the sociai system, and Ia.
voved the life Of the prisoner could 100 carefay
considered and this principle befoce di,,i
tn
capra OF the nation, the soca and political m,sopos %
thirty millions OF people, man Of mutuIe age Nc hea
Of family,s member Of the learned profession, hxn
officer government entrusted with me sfminstratsn
the law and who for years at this bar has aned
judgment of tine, Imprisonment and dash against olhcr
offences against law, has himeeif been SAN -
open Cay n public place. because he advantage ce
hot p,tsty Of seJourrer in this city Received ito
bis family he oebauched bis house. violated Inc bed Of ns
host and dIshouored his family. On :his ground aexo.
the deed VI Killing commted The BsC uttOps "a.
by defendant bring to the view Of Col Fo
If defp thasta ~
or the bar justified by the Law Of land under bo
OF ts commission the o.neT has vheshes
justified not, is free from legal respond oy by rsa
ton Of the state OF the prsooer's wsen No Grim,
vas ComDftted against him BY the deoeaeed in bo,fl
prisoner bar bore to each other moment Of
fatal act are be observed--one, huctand
m az T aSusrer in aaa.:c deiio walls Counsel I' ss sn
prieoBer insist that the oct justified BY tho - o
counsel for the prosecution assert that the ACT
of the OF society and demand OF saO
against him as fitting penalty. Tho very exkteDcc 20
cv socety oepends not on human ifs bus on Ihe fay
chastity AID purity living caDuot DO esaosned on con
unued except be first established private f,mis
from whence the whole breed Of men cone foI,n7' "5
family y says another Distinguished rnoraiss mis ina
cradle Of seDsbiy, where the frat ieeeors huahl
Of that tenderness and humanity which neni mukn0
together and we're they extingushed, tho Whole f,io
OF srcicy would be dissolved" In general sense M
family may embrace various degrees Of affinity,
a,ons of husband and wife parent aud cnd brother anD
sitter The frat and most sacred tie, however tho
nuptiai bond. ftefba oHCord anu vioIelfe,' says
great mo alst, "woud cpsue man cnef object of a.
fec,cn were secured 70 him by no gal to- No ns,rS
could enjoy any happiness pursue any voca.in no
could enjoy bis wife free from the assaults CT ha s
erer. The dignity and permanence Of .he marriage aro
Destroyed BY adultery. When wife becomes the add
tefe prey the family Is destroyed, ani all faniy r,fS
tons are Involved IN the ruin of the wife. When man
pts woman hand in wedlocK, he receives IL IA
VOW that she will love, honor, and oce7 tha n
sickness IN health, and will ceave only TO him. mis-
bond Is sanctihed BY the Law OF God "wnas Geb
hath joined together let no man put asunderD Bya
marriage, tie woman sancsfed to tue husband ani his
bond and relation must be preserved for sy 90 we'd
for the good Is the blessing Of the marital nslt
lion that weans men from thcr draws tsn %
the OF their duties This seal OF nu.ae
vows ule ceremony. Thencesorth the isg coomlads
the adul,erer to beware Of dsurbiug their peace
nands that shall look shc woman 10 ut after
her. The penalty for disobedehce TO that Injunction do
originate human statutes wrion The heard
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