The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-17
SUNDAY MORNING, APRIL II, 1859.

SUNDAY MORNlN
ton Of husband and wpe9 And w. ~ the time Of the in
dignity 10 that relation the party wbo s innooens o. any
participation that indieDy 10 renzied by these In
stncis which part Of him. ss tnat he could not re-
being driven the result that 10 inevitably placed
before him. he thus involuntary instfu 10
the execution Of ude for which, aud the execution
Of which, be Dded ny nature 10 be an Instrument
That the doctrine have endcavored 70 psce before be
and jury Ia unnecessary for us TO insist 10 tnis
that husband ater he has discovered The fact OF
his viies adultery has right deliberately 70 coocnde
husband slays under the influence Of frenzy he Stays IN
obedience to the will OF nature. Where he Stays 10
me y. % q r n ne % nays $ n asS 70 NO
greater extent When the mind y freuzied tnere is no
will but that which directs everything; but whsre the
Of that viii which the great Creator has vouchsafed 10
every mind. An EFFORT has been male here 70 satisfy the
cs g. .
term perfectly well known % all Of us. It origiuati
with rome fapaics who, for the purpose Of accomplish
pg political ends would snbver The structure o. our gov
ernment So far any odum sought 10 be thrown on
this defence by identifying with that doctrine dis
% w' 90 % = =
dvduas they required TO take the administration Of
the law into their own hands, and administer for their
own benefit because those who have been condded with
it's administration have NOT been true 10 the duties I'm
posed them Counsel here referred 70 the OF the
there are periods when an and At which conmSnsss are
justified in rising, and resentlng and Furnishing
mary the wrongs under which they have long goaned
not at times too become invested with similar rights
and whether they not entitled to rse In the dignity OF
their natures and resolve themselves the
Of Deity for the purpose OF accomplishing aud
carrying out bis endsP Counsel again quoted from the
Sermon on the Mounts Matthew, 9Th chapter, 2stb
verfefor the purpose Of showing that the body OF the
wife Is 70 all ntents and purposes dehed by the lustfu
eyes Of the man who lusts for her.
unto you. that whosoever looseth woman to
SssI s''' h'' main win nor h'
So that ead be- 30 r a. the adultery OF deceased could
De Ss1x Sss n IN ns v s made
sion leading 10 the asy As to the bengny Of tho law In
allowing the defence Of adultery TO reduce the grade Of the
Is that the mercy which the jury in the habit OF ask
ing when they say the Lords Prayer Is the aw bsnign
s s beDsny TO be found in reducing the act OF the hns
band from murder 10 mAnsaughter when he finds his
wife actually engaged in her act Of shamep Is that be-
nignity?-s II mercyss lentyp And yet the counsel
for the that when the hue band catches the
wife in her shame the law s bengnRnt-then and only
then This doctrine Of the prosecution mainly based
on the Of john cited in 9Th Iredel All the remarks
made there by the Cout o6cr for in that casea
slave casethe rights Of the husband did not exist The
ot dtca Of Judges had been the occasion Of
His Honor would find that that In 9th Ircde repu-
diates the doctrine Of moral insany-a doctrine reco
nzed BY his Honor and all the great ursts Of the country
Why, then should II be relied in regard 10 other
p0nsS What the origin Of the rule which says that
where catches his wife In her shame siays the
aduerer, bis offence reduced to manslaughter? In the
in which that rule declared there special
verdict made In reference 70 particular state facts
and was TO bind ell other casesa The rule in the
of Naddy reported In Bales Pleas OF the Crown which
written in 1700. That rule was copied by Hawkins
which was written IN 1924 Il was again copied by Eos
ter and again by East Did these writers sanction the
ruep No. all they did 10 refer 10 It, without givngu
the weight Of their names at ALL therefore 1t
historical fact not erSosod Sy any Of these authorities
by the Court Of Queens Bench on particular state Of
facts Was that rule TO govern this caseY Jurss
that time instruments In the hands of the Court;
jury trials then mockery Is this great institution
which Ike mighty tree strikes It's roots deep Ia the soil
Of the constitution to be restrained and restricted 10
growth for the purpose Of encrcBg It's trunk and branch
with an arbitrary rule made under despotc govern
mept and In a corrupt ageP The jury system deve
the rule Of two centuries since Then the jury had no
right 10 pass upon the motive intention Of the accused
that was kept 0p the decision s Of the ~ J9gs bat here the
Honor could not restrain tbem nothing his Honor could
say should have more weight upon them, in reference at
least 70 the acs than what fell from the lips OF the
sell Another consideration weighing against tha rula
Maddys that the Judges anxious aggrAn
die and enrich Golfers king and while there the
prisoner absolved from all corporal punishment,
his estates passed into the kings treasury.
To chow that counsel was not rcviling the
old law he referred to Foster that point page 264
There much progress made in the Law since that time
To illustrate that be referred 10 the difference between
now and then in regard the plea Of insanity Accord
ing to Lord Hale nothing but perfect extngushment
the candle Of the md would satisfy the behests Of the
law in regard 70 irresponsibly 1.-THE law Of sanity had
Hale be cited 70 show that his Honor not right
his ruling in cases Of insanity as be cited to show that
necessary for o husband to catch his wife in the
act Of COTTON to reduce the grade Of homicide TO
slaughter Besides IL was suggested 70 him by his col
league r Brady that Lord Hale presided cases OF
Or cuton for witchcrat therefore, he said that non
oJsfonte Lord Hale this question to-day one.
Counsel referred 10 the statute Of James in regard to
homicide in reference TO which statute 1t held that
the Of aduerer stabbed by the husband
within the statute, and the husband indicted, under
that statute the jury directed TO acqu the
Indictment in such cases was made under the common
law Shyfock like, they secured their pound Of flesh
by ipdcting the husband under the common law,
50 to get his estates for the crown. Was
not this ypCcrsyP Was such protection the wolf
gives to the lamb, covering and devourng m would be
for his Honor TO whether this rule to be the rule
of morality and society these days. Counsel referred
10 Pearsons case in Lewis Crown Cases, 26 where the
Judges followed with the moet implicit blindness every
thing that emanaed from such = Moloch as Lord Hale
For the purpose of enforcing the right of defence TO
testimony he submitted frst, the Constitution Of the
United States. as having broken down the old system of
special verdicts arguing the Court speDse with
jury 1t abrogate that provision of the constitution
which provides that the trial Of all crimes except
Of impeachment shall be by jury. It is for the jury
themselves on the facts themselves to form Judgments
with all the surrounding circumstances North South
Carolina might make what laws they please for the trial
Of State Offences but they could not into the federal
courts and strike down the constitution Of the land The
learned counsel (Mr Carsle said he loved North Carroll
law because Of ts musness OF hundred and sixty
or one hundred and eighty years. and the Inference
that he would rather have lived at that time; but as
for himself {the counsel for the defence) he would
prefer 70 live when he now did. QAushter) he
would show that we are not to kncei to old
idols and run after strange gods the gods 10
ship our household gods; not TO after those
Of other countries. The second point thIn the pre-.
sent case the intention s nony with the state of
MIND and the causes which produced the state OF the
mind are admissible for the purpose Of illustrating the
fendants acts. In Days case this Court received
whole narratives you permitted the prisoner TO show that
his wife bad child three four months after marriage
you permitted him TO establish all the facts In evidence
and at the close Of the the effect Of these facts
judged Of In Jarboes case the thing allowed
the deceased scduced the prisoners sister, under promise
Of marriage Now, the door through which these facts
entered In these cases sought IN be closed against
In the Of Singleton Mercer all the ts narrated
for the sister Of Mercer permitted 70 the and
trace out her acquaintance with Heberon In the
smith, which will be found In Wharton homi-
eide, all the facts permitted to be elected;
Captain Carson had Absconded from his wife, and
been gone two years without being heard
FROM and his wife married Smith, Carson turned up and
claimed bis wife, contention occurred which resulted
the second husband killing the 6rst; al the facts
received In evidence, and the sdudged In view of
them So IN the case Of Hatfield, showing that