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


abstract OF the laws of adultery, ~ fohows'-
y,eyea In Poaod The aeuerer taken 70 tbs nsve.t
sSs yI mere paes or boossd bridge
kne being 81 ibe esne MON INV puo ~ N h 0, mr.,
sWsys~in The Kingdom of Bohemia .bs penalty Of Me
sduterer deospion and tbaA u the aauieres VS.
perpetual ecusion spent IN mental druageres Sno
rSi,ssS%ir soman history instances freousrtly occur Of
% y@en he husssos bad he ,sii OF All
reln Of Me adulterops WIFE, and Ky he 90 ,ms hs
s aSlnssn s' s.r to sssR VI VIC
Eenct,neun penal eei,lson this subject worss
rived rdcue rbsdry the head Of he husband,
or on that ~ the wife as the case may be.
Our epislaon counsel proceeded to argue was worse
thar ,seless BY the laws Of Maryland the Punishment
was oi three pounds In money certain quantity
OF tobacco He happy that his learned friend the
DsGt Attorney in revising the criminal code OF this
ois,rct testified his abhoTr OF the crime by INTRO
ducirg a provision visiting adultery with tar more terri
bic corse suences than any fixed under any lag
known in this district They were told that the English
JUDGES said they TOOK coanzance OF adultery
as a criminal ipce HIS associate (Mr. sancn) hsd
shown the Court that there never had been n
Conviction in Esand ls or IN ass,,. country y,as OF
what circumstance soever the homicide was conf
pit'cd-oot one; but, on the other hand, there were
JUG cations showing tha In the contemplate 90 OF our
pom, on Vows OF tbe morality of the tal re-
ons of social du'iee and OF domestic life, there was
such con mon as coptended by his learned
b. other Stanton. THIS suggestion, continued Mir Brady,
Tia, the party injured mus, be left TO action for da-
mapes one that has irequepty excited the dsfavor,
add the deust OF the most brilliant minds of
the legal profession IN England In order TO show how
their judgment may assist IN seeing what would
be the pubic sentiment, even In England, in like
tbs, N opioftob TO the argument that Is always made
Of by the conservative lawyer OF England that when
hu bapo hns bad the visitation OF al aduterers pollnng
presence in his house, he most go to lawyer as he
would with promissory pote and have action brought
for damages with 10 read 10 the Court few observa
tons from eminent with whose all OF US
isminar, who Sergeant Tafourd, and who died
the bench OF England in discharge OF his official duty
Psihos much oener than imagination falls within toe
aasery ercon erons ss m.%ss
q y he sns1s e s
than rs natural place and robs the sorrows which
O.
does he deserve Sbe seeks as for domesd,
cSmo, .. me price Of eSpo.ps TO TIE greedy public al in
turned SI.S
rs sso he W nd In ssa Or
hawks the wrongs Of Utmost spirit beggars their
jury may ssmais The value o. their palSt,ians Money
but in kind sud therefore The s and that great
sOuG be but that should s be ssn ps
by he advocate who represents the sufferer al respect for
To show The presidents in American cases, counsel
rred 10 the Of Bowyer who having learned that his
daughter hao been seduced by Mcdowell President OF the
Baltimore from Fncaste about four hundred miles, and
having there learned further particulars from her confess
Bowyer acquitted ana discharged by the called Court,
without the case ever being sent TO the jury. He also
u,
Canada case, where the husband followed his wifes
Queer om city TO city, and deliberately shot ana killed
him as he was drinking mt bar and acquitted by tho
jury Counsel also referred 10 remarkable case tried in
Toulouse France, at the Asszes Of the Department Of Up
per Garonne the 23d of june 1857 and reported in
the Gazette dss TtJzor II was the case of Abdon Souf
fare who shot the seducer of bis wife, Charles Brouste
In Gaze, the for accused that
there was there could be no reconciliation the
case, and summed up these words, which counsel
Hdsred applicable TO the Gentlemen Of the Jury
There great principles which TO weigh in
th., cc Nhn nNIa ~ tha
nvoIabllty OF human life proclaim IL TO you gentle
ike the church, son9une humane otho-reo have
horror Of shedding human blood, and Of all the image
ries OF childhood tha which has impressed most deep
y the far off mage Of Abel slain by Cain But next und
INN, dately next TO ,ha. principle Is enthusiastically
cred orcthe nviolobity Of copjugal society," the re-
speCt which it secules TO woman as wife or daugh
ter; The respect due TO Soufare aud his vie
where they bad boarded theirs You will say, gentle
men, tuat libertne because he knows that husband
is for number Of hours chained down to the per-
his wife and Children, shah be allowed with IMMUNITY
TO ceeecrate a mans bed aud po'son his whole ex.
in the midst o. Sopares broken up family you will
listen to those terrible revelations COUNSEL here read
| from Proverbs, vi, 9th aid a6ih. inclusive The
counsel continued Jealousy IS the Of Thus
SPEAKS the Great Coo OF the Universe to US. II Is
peculiarly the rage OF a man. and 10 the wisdom
The inspired record no estimate was ever formed
| Of human nature accurate as 1. exists
venture to say that If Nr Key bad possessed wanton
mistress, and that any man bad veptured within the
house he had hired TO infringe upon his rights there, he
would have ben false 10 The Instincts o. humanity tina,
~ jelOuty ha0 tasen Possession of him. III
could the grave opeDed, If ] could have
moDed her. wp.ss who has 10. been called, If could
put Pilp Parton Key The stand in ,ns court in which
be tipiaed prosecuting officer, II could ask
bim in Of his birth, his education Of whatever
manly cbaracte etcs beon ged to HIN, AMI Watever OPT
one ne ay have derived from bis assoc with gen
temen, wnai he would have done Any scoundrel had in
vaGed Lis house, polluted and wronged his wife and
Irons ht shame aud ,e,roacb upon bp,-,f coud have
asked hun what be wouo bsve done under such circum
stances, leave Your honor leave the learned
tor leave biz Surviving frenos, to say what would have
been his anewer "Jeaousy is the rage OF man. IL
tases possession Of bis whole oature No Occupation
or pursuit in life, DO literary culture enjoyment,
sweet society Of friends IN the bfillaucy Of
light, no Whisper Of hope or promise Of the future,
can Tor one moment keep out of his mind, his heart
or his soul, tn, deep, Noticeable, consuming fire
Of jeaousy. When it has entered within bis
breast, be has yielded to instinct which the Almighty
has implanted in every animal creature that crawls
the earth. cannot speak of the amours jealouses
OF the but when enter the higher walks OF nature,
@h,n ] examine he ohara1teristcs Of the birds that
sbout air 6no the Jealousy OF the bird
ces HIM 10 iDct death the stranger that invades
his pet ana seeks 10 take rem him the love which the
Creator has implanted IN nm and formed him to enjoy.
read IN the records Of travellers who have penetrated
the vlos Of Aca that The deadly engagement that
can occnr an pasgemeot which permits both TO
pass away WITH that lfe occurs between two lions when
The onets has proved ~anson or seduction has been ap
pied TO her Yet In his animal instincts is no
more capable OF controlling within HIM the laws which
the Almighty has planted there than the inferior ami
mails to which have referred. Jealousy " tho rage
I OF man." and though all the arguments that my
learned opponents bring that be suggested,
THAI must be- cool and Collected when nc finds
tore HIM, n iu view, the aruIterer a. his wife, n the
contrary DotwnbstrnnR yet Jealousy will be the Of
hat man ana he will not spare the day of vengeance.
Tn, Court VIII remember the memorable language Of John
pbipo curfsn, III civil action Tor damages, when Grim.
con was III. controversy to the allegation that
his client beha cd oherxlse Than patiently aud deceny,
n becanea n,lemsn. when be heard his wife
f'lse Get' men Of The jury y SAID he, "t that
ali The epds OF Dell we're let loose upon the heart Of
my crent be should have placed himself beorc mirror
and laugh The sTe,mt Of his agony fow decorousy
| dowp bis brow, be snonid have tuned hs features
| To harmony, writhed with grace and groaned in
| meooy" 'Jeslousy n the rage man." IL converts
| TIN INTO tTtnzy ID which he Is wholly irresponsible
| oT what he may do | meet my learned friends dis.
nDty upon tbe subject " insanity relying upon the
| ptopotiuoD which bave HeseDted, Grawn IN stric,
conformity With the DECISIONS Already made by tbis Court
W other coses The counsel on the other (Mr. Car
hse) bed rensrsec that hc considered q thing
| instantaneous n'aniiy almost impossible Such doc
time c"u'd he drawn from The rulings Of the Court. II
ess possible for Human being perceive the
ront when be parsed from Of wakefulness ~
kthie ci tie'T, ard " vas Just Impossible fix the
moment ub.D The niDd ~ human beng passed from
stase of SANITY 10 condition insanity. H. was impossi-