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

adultery earned on, in the absence of the s--.s(
HI. house, and in the house Of the deceased; tks,
facts were maze knosn 10 the prisoner s,s ,sN
few moments before the homicide the asc -
Atnterer Wa floating N the very eyes Of the p1s,.
JnCer these facts zhsteyer calmness TIM -
have impaired TO the teart OF the accused ,4..tS
fret knowledge Of the transactions taey ina -
before the kuhrg there was new provsea,io, \, =
eyes sl reasonable men 10 nstify the copm,..s.'.
the act. Counsel WAS grieyei 70 see that eo,.~sd
the prosecution had laid down the proposs;os ~
when the prisoner hsd knowledge of tue fs;tsss,sx
o. hls wife, there was No cause for his pAss,o,
Mr.. Csriisle only made that poin. 40 ansv,,,a
pea of the homicide bayipg been conmit,sJ ~ ~
part OF the prisoner 70 prevent the erin. o. .iss.s
Mr.. Phiihps-The argument was that ha,..-|
wife had been oathsome TO the prisoner, the s-Ss
the deceased formed no ground for pssSio. .s.az
would LEAD 10 Justification. sHa
Mr.. Carlisle disc,simed any such idea. s,sh...,
the Court ord not 80 understand han. SsS
The Judge ga he hsd understood il as Mr.. C,,x.,.
Mr. Phillips-His Honor occ lped po.it;o, !, a.
csse which seldom falls 10 the lot of any JoSs. AZ
was not called upon to make Law in this csss kus
apply the ansloges Of the law 70 the nev fs,s, ~
sented IN this extraordinary case. This somet;rs.
occurred in cridinsl cases, and L sisusly 0cesrss
in the preseLt, for the point nov dscusssd wns a. ~
as be knew, never discussed or sajuiicstea by ~.
tribunal in this country OF IN Eogand Hers tes,Y
.ered to prove the truth. What were the rues AZ ~
depce ace for but the calculation of the truth. 40
should these rules be converted uto an nstru -
the suppression otthe truth Before such pr,s.n
was established il would be necessary in the vorsss
CUuap, That language sbonld ole away In y.
hearts Of the peoo pie and that humanity shout h,,
no ear snd liberty no tongue" That is the osr.,
and degradation when alore such doctrine en \
successfully maintained in Court of Justice. II a.
this poLt, there should be any doubt in the nuS :
your Honor ss to whether the testimony shou3 y
admitted or not, that doubt ought TO be resovsd !.
favor # the application in this The olies tl
on record having any analogy 10 this, wa tAu
VI OieSes, for slayitg the adulterer of his no,Ar
which was tried before the Court of the Are, paet
Tie goddess OF wisdom 10 represented as havins ov
siied there, and having csst her controlling bale.
favor Of the sccused aud from that day We have Ai
g. beautiful type thus derived wherever civllshe
has spread, ttst justice tempered with mercy coast
tutes the rule which determines the act Of tie coQr
Of justice. With these remarks, he submitted ~
case.
Mr. Grahsm said the presentation Of the casa 3
this: TIE counsel for the defense ask that oerty,
evderce be received; the counsel OF the prOsecuhoc
81 that il be excluded, because, II received the Coc
Is bound as matter of law to decide that II goes h
nothrg. The question for the Court is virtually As
Whether the testimony shall be first received
and the effect judged OF afterwsrd. he Aa
stated tue propositions which were ofss
yesterday by tue defense. We, he said, Il
FER these tive propositions 90 four grounds
Sckles second, "a establishing the provocston Which
led to the peTpeha.ioD of the act; hud as ilamina
ing the state of Mr.. Sckless mind with regard /, a.
sanity, or mind of unsoundness ut the tine Of Tie
commission Of the act; fourth, proving the truth
Mr. SCkless declaration at the tiue of toe asy thr
the mind that induced him TO the commission Of rs
act was TIE serse Of the sdulterous intercourse 10
tween Mr.. Key sId Mrs. Sickes In other words, Tie
facts show that he the instrument in the hands q
his Maker to carry out the Judgment against aiuiey
a II l. n.
necessary for him (Grabaw) 10 repeat this q tAs
senior counsel for the prosecution Mr.. Carlisle had
claimed be hsd misunderstood him. The counsel he'd
entirely miscODceived the scope and effect Of aa Gre
hsmsl address.
Mr. Carlisle-Quits unintertionslly.
Mr.. Grsham-ln order TO sustain the prosecution
the evidence It IS claimed, must establish four facts
first, that the defendant was moved aud seduced bY
the instgation OF the devil to perpetrsts the crue
second that he killed the deceased feono1sly, ms.
cousy, and of his malice aforethought thWd that TIE
act wac sgaiDst tire peace and government Of tie
nited States; fourth, that at the time Of the con-
mission OF the the deceased vas in the peace Of
God spd the United States; and distinctly and con-
fieDtly say the deceased her in the peace Of
God 10 that Of the United States. epropose 10
show that we are not invading a new DOMAIN VI
proof We ere not offering fac.s as evidence which
have not already been eucroschet upon by testimony
We are seeking TO extend the line of proof ALREADY
commenced; aud if it stops here we leave no doubt
morally or legally, 10 the mind of any man Of the o.
itcIce OF this very adultery which seek 10 esssh
ish by more positive proof. The prosecution thought
We would have difficulty to prove THE aud that t6y
might get the benefit of supposed failure; in o.ha
wort, tie prosecution experimental with as, snd d
lowed us TO go to certain stage and when they found
US able TO extend the proof, they asked the Courn
stay our progress. The question is whetha
the Court car exclude the evidence seek 10 sddas
We have offered proof as 10 the friendly Relations
which have existed between the defendant and Do
oessed, and that Mr.. Key awaited himself Of hs
friendly eos Of the defendant. We have shown, the
second place, that Immediately before and up 10 tds
tire Of the commission Of this alleged criminal ct he
in ate OF frenzy snd mental ubsoan4
ness, which forbids the idea Of killing with rsioas
mind. In the third 9-ce, we have shown that's
ne very time OF toe act, Dir. Sickles declared
what was the maddeniDg cause of his conduct
ieft ndaLt's house the place Of adulterol, a.
'gnstion up 10 the time Of bis dsssa
Ftjh, that Mr.. Key and Mrs. Sickles not only vent
the direction Of the house where il s charged they
committed adultery but toat before the death o. Key
hey were located outside the house in the very sc
entering the DOORS The simple question s wheths!
,ur proof shall take them beyond that door, sf
; bether we shall be permitted to show the jury The
,uty Independence between them so as TO leave no
CUB on tie point that the deceased and Mrs. Scss
we're pursuing confirmed ard hsbisua adulterou 10
sIcOurse. 10 other words, this was not an attemptw
invade territory Of proof but to exhaust al proos
q regard to matter in which they fairly exhausted
heir proof Of the Commonwealth vs. Morris, ald
siious authorities. OF the Of joan, reported 10
'recell, be SAID, John was slsye ard there beng
10 martial rights recognized as between slaves tnsrs
oold be no adultery. But the counsel on the otnd
ide had said there wes distinction in law ostSeeo
lSves ard freemen.
Mr.. Csrlisle-Oh, no, ] did not cay that. There 1s
Dcal lave, of course, affecting slaves.
Mr.. Philips supposed that the gentleman hA fssa.
nee then to moral principles. He would take thsp
e the case, and he would ask, would thsre De nosr
1ction or difference Of feeling between the cssds
hite n 90, vhOee marital rights are recognizsd
sg ard by Fociety, and those Of black man. w0o ~
o mafitalii rights The very statement o. tae ppPl
iiion was enough to show its fsnacy. Tne eoaas
you'd ask, what would be the condition OF the DEEM,
. after excluding the evidence OF the pioyocsaSya