New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-18
TIE SICKLEs TRIAL.

To tie Edito, Of The n. u 7TibTns
SIR; This case which, from a prosecution OF an IN
diyiiusl for a crime has been converted into contest
between political influence on the one hsod and stern
moral Judgment on the other, has assumed an aspect
that will Justify some comment having reference how
ever. only to what i conceive TO be perveriion OF
Ju6eiA administration -prtjudioal in its imme late
consequel Gee, and full Of peril as precedent.
The fret tbisg that / shall notice is the experiment
Of introducing into su opening speech-whsi should
certainly not be tolerated even in q summing up-in
opep defarce Of wsu-se.ted rne Of law, sld Al hp'
peal TO the Jury upon topics which could be prePaly
addressed only TO Legislative body-upon the qae'
ton of repeating the obnoxious law-l mean the argu-
men that the adultery of the wife Is lstihcs'on Tor
the homicide Of the parsmOur. The nsiurs feeling OF
men is IL ~ true In sympathy with 50 innOcert aod
Injured husband; but the law hiss not authorized DE-
iberate private vengeance though II may excuse
violence when committed TaSrGHs deiieto and Juilss
are under the influence 20 an extent thst o'eh
produces yerdCs in direct conflict with the law as de-
clsred by the Court. But | know OF 10 pTecoeenl
when counsel present TO the Jury on srgumen'
the velocity II law upon grounds OF popa,at ptelu
cice of supposed Puohe Pohey, sta 10 e1luit -
TO SUSTAIN oeeuSe which tne lafs oI Tue c'uA'i! w
not admit 10 be ceieIse. .,.
Again a sil greater departure iIom laaieiA ussse,
was exhibited il the statement OF ac's snl comments
thereon which facts in psrt at leSs, tde COUNSEL aI
ifcstiop e slaves ana co0red people TO % wHe'ses
and as 10 part of the residue the evidence when o.
fered has beer since rejected by the Court IL msy
be the fault Of the prosecuting counsel that sleh state
ueut al CONNER tsIy were suffered 10 30 70 tae a
without exception or any attempt ct interruption. IL
ia not my prov 20 express an opihoo upcn ths sk
OF YsuaTcs OF couu either Tor defense
but rhs refer to SIS subject of anmadverson, IS me
unusual course of stating facts IN The opening wolea
caprot be tie subject OF proof 10 the Courts OF IN
oapd tie stateueui OF fact by bSrIsIeT N MS pen,
He. which he sboui not subsequently prove, Eoai4
b. deemed 20 require spOogy 70 the Coef1 shu
usually ia folowTd either by an soancohmeht " .ue
csse, or a IeCrimsnd Of the attorney, o! Whom .ne
b,i,i il prtpsIed So in the Courts Of this country
sCc,rtirg 10 o,mer usage, professions honor was ia
Cer.tcod 10 enact the sricies integrity OF coase1 "
his statement OF facts expected TO DO proved. lac
practice has indeed lstery been iess rgid ara u nss
tetr too much LEFT to counsel 70 take what couise
they chooss subject only the rghs OF opposng
eel TO object to too great Latitude, snd CAL upon e
Court 10 decide-but il cannot admit OF question 'n'
il is proper iuuciioh Ct tee Cout to have safv.n
snce Of counsel even without objection osias 'n'ei'
po,ed especially in criminal prosec uton.
It'll g1ayer subject of comment is preseu'ed oy
the povtl incident IN this ria OF Documentary eTi
aer being offered and rejected by the Court aud ye