Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-04-25

'hose uoctrlIles tnaI are inconsistent with the
existence Of civil society. The jury would be
referred to their own conscience without re-
gard to law, and would be asked to say wheth-
err the unhappy deceased did or did not de-
serve his fate. And if they thought he did
deserve it, they would be asked to acquit the
| prisoner. He would not stop to argue the
falsity of that proposition.
But the defence say also, that if the jury
Ind that Sickles was laboring under the inhu-
ence of a diseased mind, and was really uncon-
scious that he was committing crime, he is
not in law guilty of murder This proposition
was in quotation Marks but he did not know
where it was taken from. He did not suppose
twas taken from his honor's ruling.
Mr.. Brady-It is Mr.. Bradley's language in
the Day case.
Mr.. Carlisle am glad it is not the Judges
language.
Mr.. Brady-His honor adopted these in
structions.
Mr.. Carlisle could not imagine how his po-
etc friend on the other side, who seemed to
have great dramatist at his finger end could
make an argument on these words-diseased
mind. He could transpose the words, and say
with Macbeth, "Canst thou not minister to
mind diseased, pluck from the memory a root
ed sorrow, rae out the written trouble Of the
brain :" This doctrine would amount to max
ing ungovernabe passion an equivalent to in
sanity. Such doctrine would render crimi-
nal law nugatory. There was a code which
might hold that the deceased had forfeited his
life to the prisoner. That was the duelling
code. 1t was not the code of assassination, but
OF honor, where it is so arranged that the par
ties shall be placed on terms of equality. With
that code, however, he had nothing to do. 1t
was unchristian, was denounced by law, and
was fast fading from civilized society.
Mr.. Graham-I have lately perused the his
tory of duelling, and | will let you have it if
you choose
Mr.. Carlisle-No, sir; have no desire to
read it.
Mr.. Graham-The adulterer has never been
placed on the footing Of an honorable man, but
has been treated as a dishonorable man.
Mr.. Carlisle spoke of the plea of insanity !;
he argued that the presumption was to be in
favor OF sanity, not of insanity. The PROPOSE
ton here was that that presumption should dis
appear, and that the prisoner should have the
benefit of any doubt about sanity Insanity
was the most easily counterfeited matter and
II this doctrine were established, all cases of
homicide under passion could easily be brought
within the defense of insanity. The defense
OF insanity was Il specific defense, and must
be proved affirmatively and beyond doubt.
There was no other reason why that defense
should be placed on more favorable grounds
than any other defense. On the contrary,
there was every reason why the defense of in
sanity should be proved beyond any reasona-
bic doubt. The doctrine of the defense was
very dangerous doctrine. 1t had been laid
down by all authorities and decided by the
twelve judges of England in McNaughten's
ease, that the defense of insanity must be prov
ed to the satisfaction of the jury.
Mr.. Stanton said: The event which has
brought the jury and the prisoner at the bar
into solemn relations, and made the court and
the counsel participators in this momentous
trial, was the death of Mr.. Key at the hands
of Mr.. Sickles on Sunday, the 9th of Febru.
airy. The occasion for this event was an adul-
ferrous intrigue between Mr.. Key and the wife
OF Mr.. Sickes. The law arising on the case
must depend on the relations each held to the
other at the time the occurrence took
place. The act of taking human life is desig-
mated in law by the general term of homicide,
which may be either with malice or without
malice. The act of Congress which governs
In this District designates two grades Of unaw-
ful homicide, namely, murder and manslaugh-
ter In some States the law designates other
grades of unlawful homicide; but only two
are designated by the act of Congress above
referred to; but life may be taken under cir
cum stances which the law will excuse or JUS
tify.
After mentioning two classes of causes in
which a man will be exempted from judicial
punishment for killing, namely selfprotection
as naturalright, and the defence ofone's house
hold from the thief or robber. He said there
was third class, arising from the social rela-
ton The matron's honor and the virgin s
purity were more valuable and estimable in
law than the property of any man. The pres
ent case belonged to that class on which rested
the foundation of the social system. A man of
mature age, the head of family, member of
family, member ola learned profession, high
officer of government, entrusted with the adj
minlstration of the law and who for years at
this Bar has demanded judgment of fine, inn
prisonment and death against other men for of
fences against law, has himself been slain in
open day in public square, because he viola
ted the bed of his host and dshonored his fam
lily. On this ground alone the deed of killing
was committed.
The very existence of civil society depends
not on human life, but ON the family relations.
Who knows, says John Milton, that chastity
and purity of living cannot be established in
private families, from whence the whole breed
of men come forth. From families, saws an
other distinguished moralist, is the cradle of
sensibiity. In a general sense, the family
may embrace various degrees of affinity, more
or less near but in strictly legal sense it
embraces the relations of husband and wife
parent and child. The first and most sacred
tie, however, is the nuptial bond. Eternal
discord and violence, says a great moralist
would ensue if mans chief object of affection
was secured to him by no legal tie. The dig
nifty and permaDence of the marriage are
destroyed by adultery. When wife becomes
the adulterer's prey, the family is destroyed
and all family relations are involved i'll the
ruin Of the wife. When man accepts
woman's hand in wedlock, he receives it with
VOW that she will love- honor, and serve and
obey him, in sickness or in health, and will
cleave only to him. This bond is sanctified by
the law of God. What God hath joined to-
gether, let no man put assunder. This seal of
the nuptial vow is no idle ceremony Thence
forth the law bids the adulterer beware of dis
turbing their peace The penalty for disobe-
dience to this injunction did not originate in
human statutes 1t was written in the heart
of man in the garden of Eden, where the first
family was planted.
No wife yields herself to the aduterer's en-
brace till he has weaned her love from her
husband. She revolts from her obedience and
serves the husband no longer When once
surrendered to the adulterer, she longs for
the death of her husband, and his life is
often sacrificed by the cup of the poison
er, or the dagger or pistol of the assas-
sin. The next greatest tie is that of parent
and child. Ii in Gods providence a man has
not only watched over the cradle of his child,
but over the grave of his offspring, and has
witnessed earth committed to earth, ashes to
ashes, and dust to dust, He knows that the love
of a parent for his child is stronger than death.
The bitter lamentations "Would to God l had
died for thee, has been wrung from many
parents heart. But when the adulterous