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


poteDt evidence IN connection nth the Question Of L.
auity, and ltsty that they are oonPetent evidence
for the purpose Of explaining TIE statenett u tns
prisoner q, tie the Of the homicide and psiniug the
motives and feelree by which Re wss ec.uzef. Tbs
fift two erounce oood be ;rested Of at ard the
same tine. The questions q iattho auon std provo
cation legal qutsiors presented to bis Honor II con
1eoticn With the offer 1t testimony IL Gsa been sad
that tte English rulings could Dot apply here becsuse
10 tuch state Of facts existed he Gotten ths tue
questions were the same 10 substance. The proposi
ton here implies the truth Of fscte offered IL evidence.
Ees 10 be taken fOr granted by hs HonoT thst they
were true The legal siect q those facts 10 be
recestarly determined 10y lis Honor; ard ia shst
pect the Jodge was performing the same functions as
mpcsed upon EDgish Judges Ia csses OF special
yerdiCtp. TIE question here was rnGt WAS nssnt by
tie rule O. laid down in the Ecgsb books Of suthor-
ties in regard 20 tee effect Of adultery az ushc. on.
TIE prosecution here old BOT contend for tire doctrine
that the hUsbsud must witness the -ehty Of ms
wife. They relied on the wording OF t1e Eogish su-
tboriiies bst If party be found in the act Of atnl
teTy" the CfeIse Of ssying the sdUlterer would bs
reduced 10 mansaughter. The learned council added:
Tie question IT, row party who kills another u1der
suob provocstion lie TO be treated in Court o. JUS
tict II hed been declared here that inasmnch az the
Good Book hsd declared that tie aduterer should snf
fer ceatb, std iussmuch a. the civil laT did not tn
rights Of the husband were RENTED Into his hands
be Gid not subscribe to any such doctrine; and
quoted the case Of the woman taken in adultery.
The Disirict-Auorney read ststement Of case
where tie Judge ruled that had the prisoner caugh'
ttftdbru
would b.ve been maDssus hter but the killing took
pisce after tine 10 cool the act murder, and the
pIsOrer wss convicted Of murder In that case excep-
lion ives taker AID the Court Of Appeals affirmed the
ruling Ct tie Court below, ana held that the ia rs
adultery cid not amount to legal justification. In that
case there were peculiar features tue prisoner found
lie wife in the company Of the deceased going out FOR
the purpose az he believed Of s0dsrOus iLterc purse
fifteen mil utes after that the husband armed with
wooden nollet went after biz wife's parsmour, and
slew him; ard notwithstanding that, the Court held
that the facts did not amount to legal provocshon
In this did the facts amount toa legal prOvocston
1bst was the question for his Honor 10 decide tie
held tnat the facts here offered 10 evidences did not
amount to lessl prOvOcatiOn and consequently that
evidence OF them Lot competent in lay. The learn
ed counsel on the other eide had asked for the founda
tion Of the rule as laid down 10 Manning casa very
appropriate inquiry. Il ts reason that the adultery
committed, that tbat fact had ceItsn effect on
the prisoners mind The law presumed thai the fact
would produce certain effect the prisoners mind,
and therefore the fact itself might be proved Bat
sbeneVer the Law ssys that the tempest OF passion
should rot exist after cooling time, then the party
should not have the benefit Of presumption. 1t mad
been asked shat would be the evidence required 10
case the rule there laid down bad been enacted into
statute and the Massachusetts authorities had been
quoted They did not il ed TO him, bear on this
cafe. Trey were not on the inquiry here whether 10
point of fact the adultery had been committed, but
wssthe state Of the prisoner mind consequence
Of it. II said that the case n vol lredel did not
bear this case, because 1t was the csse OF slsve
One o. the counsel deoed that it Law, while the
other admitted tacity that il was law, but That ought
not to be law.
Mr.. Grabsm-I said that one par: of it was obi,er,
and tnet the part in regard to insanity concted with
Toe Attorney held that that csse illustrated
what vas the state of the Law in OF homicide on
the grourd Of adultery whether the parties bond
or free He referred to Archibad's Criminal Practice
vol. . page IL, and 10 Hills South Carolina Reports
vol. ,, page llG He contended that the extent OF
cooling tue wac necessarily question OF law, and
n ust be determined by his III Jnor.
Mr. Phips-That would make the Judge the trier
Of the whole case.
Nh Graham-It would be the case of especial YER
DICT The Distict-Attorrey gued thatit was a mat
ter solely for the decision Of the Judge. lie referred
to AIchio0lds Criminal Practice 23jl on the question
of cooling time. 1t material for his Honor to m
quiIe whether there YVES cooling time between thst
hour when bis vifes irfdelity was communicated to
the prisoner snd the time when he shot down hey dd
il involve such space Of time ss that his passion
ought TO bave ceased That was the materia inquiry
not whether the passion actually did cease.
The Judge here iutimated TO the Dstrict Attorney
that il was time TO make the announcement now that
had been agreed upon referrI to the announcement
of the death Of the late Chancellor BIB, who died al
Georgetown day or two since.
TIE District. Attorney assenied, and suspended hls
MIR. Brady would ask the Distrct-Attorney to an.
swer THE question: Ii the Judge wss TO pass on the
question OF provOcstOD, If Justification ana oil coong
time wat Was the Jury to psss upon
The Judge thought the 10 that question might
be deferred for the present.
Before the adjournment, the District Attorney ssid
that be understood OF the Jurors desired tne pnv-
ileee of having some religious books to read to-
MORROW.
Mir Graham had no objection to the Jurors having
any sort Of books they wanted.
Tire JuCge-It is very easy to zee that there night
be other books foisted the Jury, and am an1ioas
to guard against tna,.
Mir. Selden-As Marshal, and as being somewhat re:
sponeible for the character of the documents and
books to 20 TO the Jury, desire to have the parcu'
Lar description settled.
TIE Judge-Books treating of religious subjects
may be given to the Jury, under the direction OF the
Marshal
A Juror-I respectfully ask the Court and counsel
the privilege Of sendIg TO my room for copy OF
" John Nexton's Sermons.'
Mr.. Magruder, juror, expressed wish to have
the Bible.
The Judge-I suppose nobody objects 70 that.
Nj. MsgrudeI-l suppose not.