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

Whether the isct scta,y 'ss.. place Def ~ saeI
OF the husband or be ben, ms s,i,fei Of Il by -
iItgible ProOf, :s Perfectly imne,s1al. The Prove,
uon what !hs lsv locke - We therefore sly IT,,
tie rae reducing the kilt - msusaughteri il hsr-
tvciy expressed. II j. bnt ssS'Ug tast the ma ~,
ts smother .oT adultery. Il be does Il when tie ~
s:rhes home under the passion then excited al -
il IS uncomfortable, IncuTs higher th SO tn. norni
climinsity g. the cou mon lac. The same grea, a.,
nst'st from whom qqofsi this morning make. -.
csiif Iago .ufam. th- Moor -gsinst toe suppos,A -
unreal irfde.ity. The VI lor censDts proof Of =
guilt, aDl Isgo IS made 10 say:
Would JOa. the saPervi.or. Uo"y rFeot
n. impossible, you ,hoad ,-e ,ai.,
wsr. tho prime - soa $, a. bot {" HoHssu
Ats,t as wolves 10 prise, A91 oo!s - fross
A, Enorauos made diurt sat ~ Lay,
L lBtotat.oH Ans strong Circumstance
Which I'd sirrctiy 20 'b- door o. truth
WI give yoa .s.iifactior, you cay cave H.
Thst il al hat any huso,Ld can expect TIE n.
Dutations snt Circumstances eating 70 the door n
truth; and If he is never Invested with nigh. u IA
ha. more than thst iheu the Sht il denied 70 ain =,
irey. by the law OF England il is treason to des,<
he Queen cOnsort OF Queen r-gusnt We have
Queen here. We have n government here e1osA
he government oi families But is not the tisieu AZ
the family honor as dear aud costly as that vhe5
ever grsced mOnsrch's brow Where is the ma,
who does not contemplate toe honor OF his famiy a
Il flows from father 70 .ou, al the same REVEREND
and attachment with which BE- would contemplate IL
honor Of the crown az Il - passed tom the hSnd, a
The incumbent 70 future gu crssors All Of you know
the LOYALTY OF sn Enehshmau 20 hrs government Al
eg,snce i. rever more strong portrayed than il
the loyslty Of the Foghsh su2J-ct 70 the soyereu
IL attachment ike that grow up between indyA
usls and the government that grlnds them cowa hy
much stronger must be the sttschmeut that grow, NJ
between the members Of the same family tn
.anctity which attaches 10 the nstlOns Qdssn sseS
10 the queen Of every family altar. Shall one asnl
children nix In compsuy 9TH the living mouaneasso Of
bis Wie's INCONSISTENCY Shs the offspring OF stOiker
man lors divide With ones lawful children tier px
Iimony ShSl every door be sslng open TO the sdaL
tererf As thrones am cfus GO not SO with "a b,
brthnght LET the 8ss of The a~ extend itself around
every family csst!e. CGckbo'i VINO would i've % ,
have the word written on his back! What mMs
made OF flint that he can ask IN the presence Of n,
feLox-uen and feel that come person sss secretly
Sinking or -mi u az him. because he kneS II he u
not enjoy his wNs Inconsistency Waists the ehocs
for the wounded husband % the moment Of his sre~
and despair 1ne choice Is, 70 l,y violent haDi,O %
his own lie and ,esve tue course free u MS wss
seducer or to lsy those violent hsnds on the he d
him who has Justly forfeited IL Remember inst "a
were made in the image Of the Great Creator. Ma
made 10 walk erect On the face OF the earth AL
when the immortal soul was 6feathed INTO hls rcstrs
be was invested with dignity Of character; he ws
invested with the instincts 20 protect that dgmt,f
character ard be was told II the same way IN whe
his internal sense tells him that his God hyes %
defend that dignity, 10 tue extent Of his ovrw
bis neighbois lie. This brings me TO the last CO.
FEDERATION IN eUIIpcLlOD WIN lilc suVIcNs-Nuhsh
the effect Of the rules which lowered reduced each
killing TO manslsughterl IL ~as 10 make It equys
lent OF tsntsmonnt TO an acqultfai, anu propoen
show that the rule of The common Law which msis
such an act maDsaughter Was, IN effect declaring list
that was TO ole use, 50 light an oherse az Dol.
to be wor.ty Of puLishment Counsel argued thstAs
extension the form of puOl'hmeut knoen at couna
law as the prtri'egtuM clericdLe, uuder which has
band convicted of the homie 10 Of an sdllterer vu
marked with slight burning of the hand, a1d TIC
Gra Lar az
Is course left but tue complete acqdltts o. pen1
arTsigLed under sucn cucuu stances. lie re'srreth
volume Blackstone, page 36i 10 SO, and 10 Foss,
page rs This brought hlb 10 the sixth qlest1;
How far the provocsuon furnished by the deceasedn
the defendant acted upon Sliced the defeadan.i
mind in reference 70 eKOnoratug him from al exc =
consequences Tor or by OF the killing In qustX
toh Whether while he Influence OF the prOyOcstlOn
remained, IL did not render the defendant Tor the tina
beng Isane; whether il Oil not perate such stas
Of mental unsouI dIe.s 10 relieve the deendsntsl
legged act Of and from al orlmi slty suppos0g the i
to have been Immediately sod directly prompted or u
cas ned by II In other words, whether the case
one OF pardonable or eXcussOle unsouDdnese OF mind
or Of wanton OF uDgoyernable passion whether Tia
defendant, not being to oaue tor toe provocat0r the
frenzy or lts results, be holden for crime Thu
gentlemen OF the jury II regs ded one OF the most in
poItant items in TINS prosecution We mean b ssy
lot that Mr.. Sckes labOIed uuder insanity 10
quence VI an established mental permanent dlseas,
but that the condition OF his mind ~ the tune Of tie
cOmmiss Of the act IN question was such as would
render him mentally unsccOuutabie. "a much S@f
the state Oi bis mind had been produced by mental
disease. In other words the proposition we argue 70
this Jury is this: IL is matter how a man becomes
insane Is he insane, that is the question WhethT
{ results from disease at uIGd or body o. sudden
prOyocstOn it Ia perfectly lmmsters 81, and the pnN-
eges o! accountability sttach mach IN the one cas-
81 in the other. Disease Is a must mysterious yEtd.
They Oitentlmes saw 4 trkea 10 ut wtnodi any
ana that the chsra ter OF the s'
nc nts of the mind. sut len Transition vii destroy
he equilibrium of the body; aud 1t 10 precisely no
.ame with the mnd-tbe reaction is strong IN tao
mind as in the body. Under the old Law tho dlcinns
IF Insanity was based on narrow foundation. hef
erred 10 Hale, VOL lst page 80, TO shoS the dihelJ
Df defining the causes vi uusOuUdness Of the mhi.
Trey denied that tbls case preeelts so lnhsnA
% u gOSeIuable passion That Implied psssoa
lispl eportOnsl to tue provOc ,tiOn. tie again ~
RED 70 tie case Of Mawbudge for Illustrations o. u.
Eovernabie passion THIS CAGE might De put 10 taea
by the prosecution as one OF uos0Vsrnabie rage Oas
psft Of Mr. Sckls. AMI he had Esned 10 anticipate I'm
le had shown 70 them t6st the highest pro'ocHHOns
nan can have is the polluuon OF ms vie; ana ne as
read 10 the Jury the OpniOLs Of learned lurss on 20
point Of proyocation. How bypocnncal would "
70 allow the man who kills another uoder the pasa
evoked by cOntumehOus isns uage, TO Do pat upOh h
footing OF man who kills the polutOr Of his Sei am
vet the fret vss held 10 be provOc0ton Ct oonDoa
Ay and diminished the X ing from mdfder 70 nsn'
.lsughter. The Eogliso Law on tue subject was vay
uncertain one: il mad f0ctuated much. Counsel 90"
.syersl references OF this pdnt-ChetHynds ee
+ oster and others. They could concede on tas' pr
Of the defense that life taken cold blood or under
II tiuence Of excitement cot proceeding upon
q uate proyocation Is criDiLaily taken. BOY H0s
affect Mr. Sickles tie did not sct IN cod piOS
Ii he did he is more lees than human. he hlss
when lie met Mr.. Key on the afternoon In qoesI.'
that Mr.. Key was at his house 70 make an esg.yt
ton with bs wife; he knew tina; Mr. hJ =.
hired honse but few blocks from bs ~.
n al sion, where in the indulgence Of DIS Ds1
res., he polluted the body Of mis- wife; be &C. sa
Il Mr. Key, by the aid Of park, aud Cluonoa,
and AL opera glass, could at sny distance from n'
tie, easily tell whether It was safe tor him
THIS thing was well considered. Mr.. Key hired -