Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-09

was resumed, and the speaker now spoke a. 10 nov
far the act Of the prisoner exonerased him fm the
consequences of the law t&
1t was commended that at the time the crime was
committed the state Of the prisoners mind was
such as perfectly exonerated him from legal cor,se
quences- Disease of the mind. as of the body, was
a most mysterious visitor-they were precisely OF
| identical character. The AILMENTS OF the mind
came ON as suddenly and mysteriously as did the
diseases TO the body. On this point reference was
made to the first volume of Hale, page ~.
The jury were not to be too savage on the one
hand, nor too feeling on the other. The defence
governable passion That is passion in proper
ton to the cause. As to this point Of ungovern-
able passion, reducing killing to manslaughter,
the speaker referred TO instances laid down In
the law as found in Chief Justice Hollis law re-
ports. .s... 70 .
Also to Fosters Reports, 800 and 29l, on the
same point. In murder the party Is In possession
OF MS VIII; In manslsughter he has no reason to
be out OF 1t. Mr.. Sckles did not act in cold
blood. He knew when he met Mr. Kew that Mr..
Key was about his house to make an assignation
with bis wife He knew that Mr.. Key had hired
a house but few blocks distant from his mansion
to crafty his base passion He hired house in a
locality Inhabited by blacks and availed himself
OF the legal fact that what would be seen there
was not seen at all. Mr. Kew was armed with all
the things necessary to carry out his adulterous
purpose, with bis handkerchief and opera glass,
with which he could peer into the bosom Of MIR.
Sickies's family. One Of the items Of the defence
will be that Mr. Key was a man who was in the
habit Of carrying arms ."
MIR. Sickles knew of this hired house; he knew of
this opera-glass and park, and club house conve-
nent place TO retire to when it was not safe for Key
10 DE out He knew when he saw Mr.. Kew there
what he was there for. Mr.. Sckles did not know
tnat MI hey was coming there, but when he saw
him there he knew what he was there for, from
the facts that had already come to his knowl-
edge Could he under these circumstances have
acted in cold blood If he was excited was 1t
a case Of passion unduly excited. If Sickles was
In any state of passion was that too great a state
hQfn mint bor a,,n
OF the seducer of his wife, He KEY took separ-
ate house for the purpose Of doing in it his guilty
deeds.
Had Mr.. 8. any hand in originating his own
passion IL he had first provoked Mr. Key, and
then been provoked by Mr.. Key, his case would
have been different. The provocation originated
entirely with Mr.. Key.
Here an extract was read from II State Trials,
page Va TO show the state Of mind necessary to
constitute crime in such a case In order to
make out criIffe, there must be will and inten-
uon In the mind but when the mind is transported
by frenzy, it is utterly impossible that the will can
exist 1t has been asked, can the Ethiopian change
MS SKIN! Can man change his nature,
The speaker spurned the idea that Mr.. Sickles'
mind was in a mere state of passion IL he was
human the moment his eyes fell on the man who
had betrayed him he would have been transported
at once, and he would become the creature of
his instincts, as he no doubt was IL the proyoca
ton was greater than human nature could bear
he Is equally unaccountable in all the circum-
stances OF the case So long as Mr. Sickles did
not originate his own provocation, his act CON-
mitted under its influence, is above the visitation
of human law
Was the deceased in the peace of this commu-
nlty-was MIR. Sickles moved and instgated by
the influence of the DeviP What an atrocious
verdict that would be to say that MIR. Key was in
the peace Of God when he went to the place of as
signatiOn.
Here the speaker referred TO the first of Hale
page 30, to show how far the mind must be affect
ed To come under the Specification of total insanity;
also TO ErSkine, in Hattelds case in the same
work
Upon the point of insanity, Mr. Graham pro-
ceeded to quote from Deans Medical Jurispru-
dence, pages 4es and 1876, and discussed the vari-
Gus kinds VI mania. moral and otherwise, To show
under what states of mind the man is rresponsi bile
for deeds done in that condition IL mans will
IS maddened il cannot be cOntended that he is a
free moral agent.
The mind Of man is not perfect for the purpose
OF human responsibility when either the reason or
the will is 6islodged
MIR. Graham proceeded to quote from SO of the
same authority upon suicidal MANIA and also
rom 514 and SIS, and argued that the criminality
OF an act depends upon the amount of will put
into it, r
Without moral liberty there can be no RESPONSE
bilty. Now what moral liberty can there be ell
Joyed by that man who is dealing with the seduct
OF his wife? Free agency, the right of volition,
!. denied the party, and he is acting without moral
responsibility.
tActing upon suggestion Of the Court Mr.
Graham now gave way for an adjournment at
10 minutes past 3, p m, having spoken for up
wards of five hours with great power
Prior to the adjournment the District Attorney
rose to ask formal permission that the jury should
have the privilege Tomorrow being Sunday OF
walking out under proper supervision.
The Court assented.
Mr.. Stanton then suggested that the jury might
be allowed to attend divine worship on the NOR
Judge Crawford said he had a great regard for
the Sabbath and for Divine worship, but IN view
OF the fact that the jury belonged to different de-
nominations, and would also in leaving church be
liable to come in contact with many pers ons
thought 1t not proper to act upon the suggestion.
CENTRE MARKEL.-The stands this morning
were well supplied but the demand was not as
brisk as usual at the close of the week The SUD-
plies in the fish and vegetable departments were
light-in the former, probably because Of light
draughts at the landings, and the latter because of
the absence of numerous country dealers The
butchers department was well supplied, but the
sales appeared to be dull. In the hay market the
supply was moderate, the prices ranging from as
cents to 81 per cwt. The prices iB the sheds re-
main about az last reported:
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