The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-16

knew Of the aforesaid design intent and preparation Of
.1s ssme key that At the uae Mr. scsiss met Key on
and just before he shot, Key was on his way the
home and house Of Mrs. 81 klee, with the unlawful and
house ana proceed with him 70 the Aforesaid house
Fifteenth street. and then and there 10 have sduterous
conL ec!on with him. the said Key then having the Key
be Used in procuring admttance; that Mr. Key vas
in the habit Of exhibiting aad using his handkerchief
before Mr.. 6lckles' house and home ~ signal Oh
perceiving which she was 70 leave said house and
proceed the house In Fifteenth street. and there
have sdulterous connection with Mr.. Key and that
card facts had, shortly before the meeting between Mr.
Key and Mr. ckes the 9th OF February, come 10 the
knowledge Of said Sckes, and that said Sckes, imme
distey before the killing bad himself the said Key
using his handkerchief before the residence Of said Scxes
for the adultelous purpose aforesaid
The Judge-As understand this proposition, brings
up the question Of admission Of proof Of adutcrous inter-
couree.
Mr.. Brady-For any purposeP
The JudgeYes, for any purpose that opens tho whole
question.
Mr.. Carlisle-l think 30.
Here the Court took q for 3 few minutes, and
hen iheaTgument procceted.
Mr.. Carlisle argued against the admissibty Of evi.
Of exceeding Importance 70 the admin ssrasou Of JUS
tice generally. The consequences Of nn Honors OPT.
MON must stretch far beyond the Issues Of this par
tcuiar case. His Honor had offered 70 him an oppor-
tupity Of establishing In the administration
Of justice in cases Of homicide, and he was invited in
STEAD Oh resting on the dNuQudS mas Oh ne law 10
low the ingenuity Of counsel into and devious paths
The counsel The other side would argue that they
only asking bis Honorto apply old principles 70 new
would be disposed 70 cav at object 70 such deter
pinatlon by the Court He had already, in argument
somewh hat akin this had occasion express the
Court the views Of The law which the here en-
tertaned and he was compelled TO wait and hear the
gumens and the doctrines which TO him unknown
and unmaginable by which the learned counsel the
other side hoped satisfy his Honor that the plain rule
laid down IN all text books, aud adadicated in all cases
Of which there records, was not the rule Of this
II would offend his Honor 10 refer 10 the text writer's.
and prove that TO reduce the grade OF the offence from
mansaughter because Of an act Of adultery by
deceased with the prisoners wife; that the adultery
must be an actual and not an Imaginary or gurave one
that be in the eyes OF the husband that the
killing under that provOcaton must be an immediate
killing; and that the subsequent killing Is one the
principle Of revenge, and Ia murder. The In Ire
de to which he referred yesterday, recaptuated
Judge there said that with that law all existing
authorities c0ncurred. The same law s laid down In the
American tresses on the subject Counsel would refer
his honor to Wharton on Homicide, page 49, where is
said that however great the may have beeo
if time had elapsed for passion 70 subside the killing
murder and that in the adultery where there has
been cooling time the provocaton will not avail in ale
Walton Of guilt He also referred TO the Of the Queen
against Fisher 70 Carripgon and Pane) There father
found that his had been reduced 70 unuterabe
condition of crime and disgrace by the party whose life he
took There too, the act itself was capital crime, pun
70 cs would
been to have brought his own son 10 the gallows.
TO be sure, that father had not been described as
in any paroxysms Of grief; but counsel had yet
to learn that grief would not Corrode the heart
as surely, when silently gnawng at it, Under this
provocstion the father, when he met the offender,
said that there would be exceedingly wild work taking
place in the world II every allowed to be the
Judge of his wrongs that there must be instant
pIovocation to justify verdict of manslaughter in al!
cases-the party must see the act DONE He therefore
held that the father in this case had not the act
done there nothing to reduce the crime from murder
TO granddaughter.
Counsel for defence-There was only O conviction of
Mr. CarIsle-That is true The charge Of the Judge is
reported the question Of provocation, and that
question alone the facts Of the case showed that there
scufe between the parties and counsel could well
prehend how any jury, called TO pass on the life Of that
father would do the jury had done in the OF
Of the prisoners guilt Counsel would forget that
case of Jarboe, and II that case were relied on by
counsel on the other SIDE for precedent for throwing
when that violence was set in motion by the natural feel
ipgs Of the heart they were mistaken. For one, as
humble member Of this community az one who expected
his bones to rest on this soil, and the bones Of
his children and his chdrens children to rest In the
same ballowed SOIL he should deplore that be had been
spared to live the day when such docrine should
be proclaimed by the authority which resides 10 the jury
box. But even If the Jarboe established such
lawful of this community, that he did not believe
that any precedent would lead astray jury Of this
county In the case @ %. Of ho S.d
the OF Infamous seducer, when they were walk
the street together met the deceased, and that the
mean to do about my asteis The answer was brutal in
the extreme; and further appeared that on the instant
Of death, the deceased had drawn from his person
cumsances the council appealed, and rightly appealed,
to the jury TO give the prisoner the benefit Of the
drawn a pistol upon the prisoner. That was not
this case. Counsel forbore at this time to con-
trsst the two cases The case 3 Of The People agst
where the husband found the deceased lying bed,
and his wife in the room with him, and instantly killed
him. and there the adultery not allowed 70 be proved
in justification Counsel had yet to hear any argument
sesnst the authority of that case except tat tho party
was slave Counsel also referred to the case of the
Queen VS.. Kelly, reported in Carriogton and Paine.
Counsel for Defence-That is the where shot
bis mistIees mere suspicion.
Mr. Carlisle s do not intend TO compare the facts
with the facts this CAGE but read merely for the law
II is laid down in it, That modern Casa case
long subsequent 70 the time when the benefit Of clergy
(he burning in the HANDY was abolished Whatever
there be disgusting repugnant in the proposition that
the husband must catch the aduerer 10 the act to ente
him to set il up in mitigation Of the offence II is the pro
for those who offend IL, it must be submitted
70 show SabSa adultery sha. he % prisoner er0pUss ssx
the adultery with his minds eye; that the proof had
thickened upon him, until he was forced to believe it.
Granted all this for the purpose Of this argument
granted that he had sat in Judgment and heard the par
ties, both Of them, and had pronounced judgment
that they guilty did that make the laid down
the very act? Why, sir And yet the doctrine here
not that that knowledge Of adultery reduced the
from the grade Of murder to that Of mansaugher
for that secuted but that justded the murder Ac
cording to this doctrine, the husband in condition
for the year during which this aduerous intercourse
continued to kill not only the adulteress but her para
mour. This doctrine Was entirely to him, but Of
1t did not follow from that circumstance il might
not be sound Counsel had not the advantage OF having
the ponta OF evidence before him. but he understood thai
was proposed to prove habtua adultery between de-
ceased and the prisoners wife. woman leaves hel
husbands house and goes TO live with her paramour
open adultery, might the injured husband ct any time he
thought proper to 80 and say that adulterer He would
put that In the strongest light he had the ability
Of the counsel on the other eide he would paint in the
most disgusting terms; but he emo orator Brutus
s;' would be law TO him that the husband might
under such circumstances say his wife her param,ur
his Honor bad read such law, and certainly had
enunciated IT, What next oneredS The waving
Of the as the possession Of the key Of house hired Tor
the purpose Of prosttuton that the deceased the
ment Of the homicide was his way TO the prisoners
house. with the unlawful design Of seducing the priso
Dere wife out of her house. What next ered
povedS That the prisoner knew the deceased his
way TO the house with the design of inducing his wife
commit OF adultery with him. Did that knowedpe