The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-26

oopovrs, watching, sne,kng ipg round Mr. Sick les
bouse, siatpning himself Ii that square 10 the mr.,
v oatsver one may think nm eoincsl opn,ons was
, gallant and brave That monument should
have held in suspense bis depaved ass while he was
standing there inspecting Mr. Sexes house with opera
glass He might be perm tied refer this connecuon
~ the case Of young man who ndscreey, Jealous 10
the purposes Of bis county, MS appearance
within the lines Of the enemy camp within the terto
ry held by tire enemy ested tried and condemn
cd to death be gs for the privilege Of soldiers DEATH
Il refused hun and he was hung high on the gboet
the commanding oflcer-that immortal man whose name
graces and gives diga'ly he CITY in which We are as
sembeoreiosed the request, and Major Andre, in the
1ower Of his ife suffered an ignominous death, applied
to him deliberately by Of the w'sest ami best 81
Kind because he spy in the camp OF the foe But
here this spy epsng, 10 the bad effort 70 commit do
nestle treason for which he suffered desth-a DEATH the
counsel hoped, good man wond regret Inc counsel
then stated IN detail the circumstances developed in the
evidence, by which the fact Of the adultery had been
made known TO HIM and Cescribed Mr.. Sckles' feelings,
when the truth forced home upon him. Mr. Sickles
ad he remarked the confidence he had bestowed on Mr.
Key, he el how he had been betray ed all tue emotions
OF hR nature changed into one single impulse; every
ob OF his heart brought distinctly before him The great
OF he Dures every drop OF his blood carried with
u sense OF HE ehanean Neutrality-suspicious. agony about
he oss OF bis wife an appreciation of the dshonor 10
come upon fe chlo-a reel eaton tha the promise OF hs
youth must be forever desoy eotha the future which
mad opened 10 lin so Mn OF bTiiiancy had been en-
strouaea perhaps q erna gloou by VINO, instead
dlawng the cur,uio H. should have invoked from
the good God bs greatest hueeNe ON the path OF his
friend. He remembered how, IN city where ne
had come 10 abide as the guest Of the naton-in
cry Distinguished for It's splendid nosptaity-a city
which Tor the time he had made his home
the whom above all Others he might have expected
to CHERISH sustain and protect him. nal proved to be
ns i'm placable hypocrcgi trcacheTous and detestbe
foe. With that great sense Of bis injuries he PUSHES out
on Pennsylvania avenue and, athougns mau who every
knows, your Honor knows, the Jury and spectators
know measured and steady and even In his gait at or
dnsy times be passes with all possible rapdity down
Pennsylvania avenue-be attracts the attention Of Ar.
Nohun and Of Rev DR.. Payne, learned and estimabe
p--hE
their sarethe expression OF bis countenance IL all III
tered-eaob of these gentlemen perceive some great
agorysome great siecton-some great change affecting
his na.ure-apd so be passes TO his home How do sou
BIN thereY What the incidents oil the Saturday
nehs In fever'sh unrest he PAGES that chamber o.
tieertbiDRDg through the whole nigh Of nothing but
these reflections 10 which ! have alluded, and which
dorkeued the past, the present, and the future Think
bow lat Sunday morni he made this exhibition to
which the Witnesses have eferred, when he Mr. Key
with his opsr glass Tor inspection spying, with his
to make 'he adulterous sgua aud with the
keys his pocket OF the house IN Fifteenth street. to which
he about TO take Mrs. Sckles at that moment
be could obtain her person. There was Mr.. Key with
all the weapons Of moral death around him, going To
make upon Mr. Sickles and his wife and child. he liz
seen by Mr. scxes He IS seen by Mr. sickles TO pass
hrs house and TO this haodkerchia and Mr. Sck!es
excams your Honor properly permitted to be proved
that "that scoundre has passed the window and has
waved his handkerchief" Then he disappears from
the view Of all the witnesses until come 10
the scene Of the homicide. Just before Mr..
Sckes thus psssed out Of that house with the full know
leave her child and husbond that Sabbath day. and
go be polluted again in that house Of bad repute in
fifteenth street, Mr. Key had been standing in front
Of the Club House, or in the park with his opera
glass in his hand; he saw Mr.. Sickles go out and
pass up the street in which his house is;
to 40 Ground lafayette square, Mr. sckes is now gone
and Key may be- little boider he may have little less
csnop and moro courage than ordinary be is now GER
tain OF his VICTIM he has the handkerchief, tho opera
gass the keys, the locks waiting receive them the In
tent in his mind being exclusively to employ all the re-
81 @ ess. m s a Of
US, his counsel, undoubtedly engaged within
che meaning law, in the act OF adultery; he sees him
engaged the ac of set Of burglars who watches
tho while his confederate ia breaking into the
safe Of uDsuspecng merchant ls In the contemplation
OF the law engaged in the act Of burglary Mr. Ke with
approaching the house of Mr. Scses supposng that he
bad entirely euded the latter he is eager, he thought
certain obtain the wife At that moment he Is met by
Mr.. Sckes. If that be not taking c man in the act
adultery would like the learned counsel for the prose
cutiop 10 tell what II was And II Mr. Sckes, hEv-
Ing weapon in his possession, which be had been ac-
Gus toned carry for reasons which we need not de-
clare with the realization Of all these facts pressing down
with terrific weight hH mind aud heart and SOUL thus
meeting Mr. Key, and understanding thoroughly the vile
purpose Of bis heart was not to shoot him, ask my
learned brother TO tell me what he was 70 90
10 doto bid him GOOD morning. to PASS him silently byY
avert bis eyer Daniel + Sckes, man Of unoenchng
lions our lives let Philip Barton Key believe that he
could only seduce his wife but him. If he had
yhiul or less than became man under these
whatever may have been the intimacy Of
past relations would have been willing 70 zee him die
he most igromiDous death before would venture to
raise ytbDe in bis behalf but prayer to heaven for the
saivetoD which after death might Come (App'ausej he
did CT Inn; het bin under the influence OF intense
yooaton-provocaton fresh upon him; and here your
Honor uness have totally Misunderstood the ipdsputa
ule tsc!a IN this this question Of cooling time d,sap
IeaIs entirely, H. irdeed, there is any such thing
II not thought in the case OF Bowye-, where
month interviewed, and not thought SO in the other
cases, where onger time interviewed With all deie
renee 20 your Horo and TO my learned opponents re-
specially submit that the phrase "coolng time, has
krd Of application 20 such have here but is
confined OF compat, collision ARRAY and physical
violence between two coutending beings, We know
just as well as We know that there is breath
in our hodes that IL IL idle to talk about
hst his wife bas been seduced whom he pressed closest
10 hs BOSOM and the laws OF she do say there
IS any time 10 career OF twenty millions of years,
when the indignation of the injured husband grows
cool in relation to the adulterer Of his wife, hope
i am not nreverant in saying that those laws of
in hostlity to upmuable laws Of God
IN this connection and in reference malice
which here naturally associated tsef with the question
cooling time, counsel referred 10 the case OF the State
against W 1st Dcvereux, and Blelie l65, argued
that, in view Of the exclamation made by Mr. Sckes
the moment q the hcmcde that the deceased bad defed
his bed, the presumption OF malice ali gone, and in the
language Of the Judge in the case referred to, tho act
must be referred 10 the present and declared motive the
ehec 10 s immediate cause and not for light reasons TO
any preconcerted purpose" He argued that there
evidence in this case that did not necessarily
exclude the belief that Mr.. sickles could hays
lad any pre-conceved motive any malics or
uDy deliberate desire Of revenge as against Mr. Key
&c referred 10 the OF the STATE against Manu. vol TO-
Humphrey, D. $40 Asto the question Of provocation he
called HE Hopor's attention - the following passages
from Blackstone Communications, vol 4. chap. A.
ct which lie, therefore b. 10 deprive
bimeel or aDother but IN either expressly
mspdtd In evidently d.ducable laws which The
Crtacr has giunk uG tie Divine laws
mean OF her nature or revelation " Second, In
sone cases homicide 10 justable rather cy the permits
son thar by the absolute command of the law either for
The sdvapctm OF public justice which, without such
decentralization, couo never be carried on with proper
v,guI; or, in such nstanc,e where IL ia committed
for The prevention Of some atrocous crime which
cannot oherwise he avoided" He spoke of the
well known principle of law, that may be
convicted VI rape even on prostitute, and
that she may In resisting the aegressor, take his e
But be continued hear IL men Of tns Universe hear
nen OF the United States that It s claimed that s
not united by law 10 do any thing for the protection
and vinocaion Of his honor he cannot b raped
Can have b. greatest oDt put upon his right he can
have the rotations between himself and his wife violated
be have the legal between him aud his wife