New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-11

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ne, for two or three years; out this n n51egn.'
You geutlemep ere siing thee 70 pronounce tae e.
tin ate Of a. American Jcry on The yslne oil hc.'
bands bed, This s The great pTleGpie OF y31i ,
djc, ara OF thu prihcipls you Will say whether you
viii strike terror into toe hesTt Of the G1utefeI, OF
Whether yos W. b0tec HIN u his c11fse, a ENC
him oct 20 Yepcst 81. Ime. ~ ne Il tola t1at '-e
~ Nj d.fes 70 taEs bis life sbs forfeit lie Csn, yOu
,I,ke he d. epest blow a. the heart Of mortality
given CO this oOuSBelt by 90 American j1ry, ftiss
vel settle legal Prccipe, that every msBs house Is
his cssle-ss sacred 20 himself ana family TIE term
css.4 il the term o. the isw. II dces .o mean embst
led vaIs Iti.a fgure 20 denote ia.; even the ham.
best hut il a. much foItrs.s tor the protection Of
mans family fortress for defensive purposes II
you nvit. MAJ 70 your house and lie lusfs for your
wife and daughter, ne n g great e Iesspasser IS
thoueh be hs1 entered against your will IOa would
have night % eject him. II enters with nplre
heart he abuses yOuz hcense One Of the aggravated
features OF the case sss nat ~. hey entered tne
abode Of Mr. oickles .S q friend. We vii show that
they stood almost "a close es DO those tFO human
beings the s.suese teins, Who row stand connected
hy q Ink which renders them IL ds-clube TIE hearts
OF rhese two men have Dc stem almost against each
other. Their hearts seem 70 have atsrns'ed in their
pulssto1s 90 far personal sCduaI lance wss con-
c~rned. When, therefore SIR. scklss invitei nr
Key into his hon,e, and MIR. Key entered fjr the pOr
pose Of accomplishing the downfall Of HE wife, he
sss as much tresps.ser IS If h. entered it
without az invitation; for when husband
invites e friend 70 visit ms house, be in effect
invites him 10 keep back ell unclean
ness, Ibe peTBOn or DO1y OF the VIE h The properly
Of the husband and the wife c.nno. consent away her
own purity; and + che does, he has the same right
sgans. the sdulterer ss II he ravlshed her. lie
quoted from second Wheelers Criminal Cases, tne
People We. RyOp, saying where the vlfes orn virtue
does not keep of the adulterer, let her DterpOse the
fear of her husband. H. referred 10 other Authorities
in this connection, showing lst IN defending his wife
the husband deienos hims'. There were seyeo points
be proposed 10 argue namely: Az to how far the Gov
ernnept is bound 10 make ont the sgsinst the de-
endant, and what amount Of proof shoud satisy the
july; tecoId how far the old rule OF malice
presumed 10 prevail at the present time in the
administration Of criminal justice, and hoS far il
is controlled by the fundamental presumption that
every one lie supposed innocent I'll proved guilty;
third, the henOussess Of the crime a. declared
by the Bible: fourth, the reason or principle OF
the old rule that palhstes the act Committed by the
husband who discovers the adultery; fifth, what was
the effect Of the rule which lowered the Onte to msn
slaughter and made it equiv or taDtamOuri 10 an
scquittal; sixth, how far the prOvOcaton of me de-
cessed to the defendant acted or affected the de-
PENDANTS niud TO shield him from oil the legal cOnse-
oueDces; seventh, as ~ whether sufficient time had
elapsed for lis passion 10 COOL We ne sald. attack
the theory OF the prosecution. The case must he male
out by TIE prosecution by proo' not by presumption
We cay the old rule Of law, that a killing wee pre-
sumptive evidence Of malice, no longer belongs to the
law. II il on facts and not on presumption, tbat
man must be condemned for en- ofense involving his
life and liberty. The Jury cannot convict unees they
coptolenlOusy believe that the facts are embraced IN
the presumption. He understood the Argument OF the
Dittfct'AttoIey 70 Dc tAst tue law piesuued, Hnel
the mere act Of killing proved against msn,
that there was the nIct1 e0glfG in bis heart. That
was not the presumption ID the Law. For himself, he
would rather presume, where no motive was shoWa
that the killer was On this pOin. ne referred
to decision III the OF the People We. Mccain, in
Smiths Reports 1t the duty of the prosecution
10 Prove their Gaze. IL they alleged that tle
killing wss mere wsntonrtss, they must prove It.
They hsd not done sO. Jusuce Bro 10 the cs5s re-
erred TO- ruled that the proving Of malice or motive
primarily ssaIy the part OF the pTOsoc1tiCn
The rule u presumption originated IN time when tle
property Of elon reverted TO the crown and wnen y
was the interest Of the Government to procure cOnyc-
tons lie cOutended that the sanity Of the offenders
mind TO be made out afIma voly by The prosec1-
tOn lie insisted thst they could ssLd before the Jary
this morning and demand the acquittsO MI Slckles.
There is enough, be Sold, IN the now 10 melt the
heart that Is not cut from the unwedgeablo gnsred |
OAK for in tie agony Of lie mind when tle deed wis
done and be was relsPs,rg into hs insanity IN tAe
midst Of bis grief be exclaimed q" lie has sOled DC
has defled NY bed That the dominant setti-
ment OF his bosom. Twelve Indians, whom the |
light of civilization never broke, would repel With H.
dignstion the idea Of convictrg man on tue te,ti-
mODy that il plscsd before you on the part Of this
prosecution. The cardinal presumption Of the law s
that every man Us 20 be supposed innocent al proved
guilty. Not ~, says the prosecution lie law must
presume Mr. Sickles TO he a murderer, because
il proved he discharged his pistol IN the breast of
bis victim. Wss not the prosecution TO prove that
the prisoner was at the tine III sound mod aid
memory ? lie held that they were. he Utmost
tucCt OF eucn p1tsuUpuCn was 10 pItNtLL pfoSS-
cuticn beirg Ion-suited. The oath Of juror was
that he should true deverance make upon the evil
5ence Not go, says the counsel for the Government;
the Jury is 10 act on the presumption Of law Bat TIE
ostbs % Ory could not be redeemed uIe.s they c)nd
ook their Msker in the isce and sai that every fact
found in their verdict was feet firmly piovei the
esuolY OF fhS csse. lie pss.eI 70 the second cues
ton wilton be proposed, namely whster lhe ne thaI
the law pre sumss ace from the nero fAc o. Ehng
now part Of the criminal Ju-isp' ',ehSo ~ U
try 10 Genial % that be Ie'eITed 70 NoIuuie IL OF
State 1risls psge 90, Nav gridge's case 10 ono 10
Blackstone page 800; AID agsln IN The case OF Nc
Cam, volume :, OF Smiths Report, pages - and to,
in the State of Newl CIK; where the Dls.rct-Attoi-
ley proved nothing but the killing, the CO rt would
direct the scqutal OF the prisoner. Was there any
thing proved IN this that qusdTstes win black
stones definition Of murder lie held that there Sss
not In the decision IN McCapus case It Was stated
by the Judge that 70 consut1te the crime oil Inaei
the vii must Join with the act. In this case d.
the will Join with the set, OF eas Mr.. clcSes,
al the time Of the homicide, such q mere creature
Of Instinct, of impulse, tina: he cou1 not resisi,
but was earned forward, his mere machine, 70
the contamination of ths. so-csled tragedy
II msy be trssical 10 shed human blood; bat |
will always uaLtain that there is no tIogedy about
Staying the sJueTer bis cTlue takes away the char'
acter OF the occurrence. TIE aduerer dies az Justly
ri those men oed who were executed within the Il Llti
Of The State of Maryland yesterday They were cor;
demned by laS. What wac Their oifsnse they had
shed human blood. Ii was no higher than the olthse
OF this dect ased for he turned the divine iDsttu.
ton of marrsge created and reared by the hand OF
tie Almighty. Counsel undertook the rule - be that
where the prosecution proved the declaration 81
prisoner, that declaration vas held 10 De true III, I
was proved 10 De false. The declaration by the prs
oper here Was that XIV mad cetl7d his bed, snd that
under the influence OF thst wrong he had killed Key.
II for the prosecution 70 show that hey hsd not
polluted the wife Dame! L. Slckes. Had they shosa
that the 0t csTation i5lse, OF had they thrown
Themselves On the Jury COncediny that that
81 fha - mid mt I