The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-04-18

the other side about the condemnation of adultery
in the word Of God and the punishment which
was assigned to that offence under the Mosaic law
He would also take occasion to refer to what the
Bible said about adultery, under the new dispensa-
tion, in the New Testament He read from the Sth
chapter of st. John the history of the woman taken
in adultery, in the very act and carried before
Saviour, whose reply to the demand of the Scrbes
and Pharisees that she should be stoned, was, "He
that is without sin among you, let him first cast
stone at her." When they, being convicted by
their own consciences, went out one by one Jesus
said to the woman, ''Neither do condemn thee
go and sin no more" This whole case was re-
markable in its incidents, and taking it in all its
parts, it the very TRANSPORTATION of Christianity
ITSELF in the presence of the Scribes and Pharsees
"a TRANSPORTATION almost as glorious as that which,
about the same time took place in the presence of
the two great founders of the old law, which was
then to be set aside by the great Author and Foun-
der of new law. There was no word, no line, no
hint, that the party who had been wronged had
authority to take the law into his own hands, and
become the instrument of Divine justice. 1t breathed
charity and kindness even to the party who had
been brought before him, charged, and charged
without denial, with having been found in the very
act and TACT OF adultery. 1t was God extending
his hand in kindness to human fraity; it was the
Genius OF Christianity STOPPING from the very hea-
vens and kissing in peace an erring sister,
The gentlemen on the other side had repeatedly
stated 1t as the law, that adultery the greatest
provocation which could be given to any human
being; but he had not so read it in the books. IF
man was caught in the very act and fact of adul-
terry, and was killed then and there at the very
time, by the husband. it was regarded as an excu-
sable proyocaion, and the greatest provocation
that could be given; but in the same sentence it
was said that if the husband does not immediately
defend his marital rights, but delays the law con
siders that he ought to have cooled, whether in
tact he has cooled or not, and considers it no pro-
vocation at all. As to the ground of justification
there had been pretence of authority to sustain
it. The authorities quoted on the other side show
that 1t is case OF manslaughter at the least But
it was provocation and a grieyOus proyocation
he did not stand here to deny that. The question
to be determined by the Court and ury was
whether 1t was legal provocation and the ques-
ton now to be decided was, whether the state of
facts proposed to be disclosed by the defence was
admissible as legal provocation tending to ex-
cuse or palliate the crime charged. For some Of
fences there was no provocation which in the eve
of the law would afford any justification whatever
II mallce existed, express malice, the law did not
recognize any provOcatOn. He would not insult
the court by quoting authorities in support of so
plain proposition. Now, in this case, if there
was express malice, it was entirely immaterial
how great might have been the provocation or
whether there was anv provOcation at all or not;
for it would afford no legal justification for homi-
eide committed under that state of facts He refer
red to the case OF Manning, which has already been
cited number of tines, and said that under the
provocatlon there existing, the prisoner was not
exonerated from punishment, although it was miti-
gated on account of the provOcation
Murder was cergyable till the reign of Henry
the Ill. The punishment of all these offences had
been lines by our law, the law brought over from
England by our ancestors In 1891 the Iagislo
ture said mansaughter should be punished SO and
So Ihey didn't say it should be punished as when
clergyable. The offence should be the same, but
the punishment should be according to the law as
then written, i. e.. in 1881 1t had been contended
by the other side that there had been no conyic-
ton for murder, either in this country or England
where the provocaton to the act was alleged to be
and proven to be adultery. To show the falacy
OF this assertion, the speaker read case from IA
Johns North Carolina Reports, where the prisoner
killed with wooden mallet party who had com
mitted adultery with his wife. In this case the
deceased was killed while following the prisoners
wlie under strong exciting circums tances vet they
were not deemed sufficient provocaton and the
crime was adjudged to be murder.
The court in that case decided that although the
parties went off together for the apparent purpose
OF committing adultery, and the prisoner believing
them and killed the adulterer, yet the crcum-
stances were not competent to afford legal PROV
Ocation.
The rule in Manning's case is based, not upon the
TACT OF adultery, but upon certain state of mind
existing as moving cause to the killing; it is not
tie adultery, but the tempest of passion CONSEQUENT
upon the discovery of it. Now, the law presumes
that this tempest of passion shall not exit at one
time, and that it ought not to exist at anv other
time. And if it does exist at that other time fol-
III,
law Is that the party accused shall not have the
benefit OF that presumption for any longer period
OF time. The counsel asks why the husband is re-
qulred to have greater evidence than Jury, where
adultery is punished by statute. They say, suppose
this language as laid down in Mannngs case was
Incorporated into statute, what could be the legal
construction of that statute? He would agree with
his learned brother that this was a very fair test
Suppose the statute were to decide that if person
found man in the act of adultery with his wife,
the killing of him would be mansaughter and also
las the rule of the case goes in precisely the
same sentence that if he pursues the party and
Stays hlm from revenge, it would be murder; what
would be the Interpretation put upon it by court
OF justice? Precisely the same Interpretation which
the prosecution believe the law places upon the
language which is to be considered by the court
Ireciseiy the Interpretation for which he had con-
tended in this case.
Mr.. o. claimed that the Massachusetts, statue
quoted by the defense with reference to this mat
ter dld not bear upon this case they only re-
ferred to the TACT whether adultery had been COM
mltted mat was not the issue before the court in
the present case 1t is not now proposed to show
that adultery had been committed but to show
the state OF the prisoners mind. They argue that
the case OF the State John, as given in Iredell
is not applicable in the present trial as there the
prisoner was a slave. On this point the onnosing
counsel appeared to occupy different positions
He understood Mr.. Phillips to DENY the ruling to
be the law, and Mr.. Graham argued that lift was
the law, it ought not to be. But in the rnIing in
that case no distinction is made by the iudga On
account of Johns being slave; but general Ian
guage is used as applying to all cases of the hom-
eide of an adulterer
Mr.. Ould quoted from Archibald 2l3, under the
head of murder; also pages 230, 234, and 235 same
book, and from South Carolina reports D. 6I3 In
with this doctrine of cooling time it is
a well recognized principle that this time is ques-
ton OF law, and the Court must pass upon this ques
ton of cooling time, especially in the form it takes
now, when the suffciency of provocation is urged
lie quoted upon this point from Archibald, D. 235
There is limit fixed by the law where the passion
ought to stop, and if it does not STOP can be used
as an illustration of malice.
Mr.. Brady.--If the Court are to pass upon the
question OF justification, provocaton and cooling
time, what Is there left for the jury to consider
Mr.. Ould.-I will answer the gentleman.
!he Court.-lf you have reached convenient
point, 1t would be better to suspend your remarks
until Monday morning, as it would be proper to
take some notice of the death of very distinguished
member of the bar, Judge Bibb.
MIR. Ould thereupon suspended his remarks and
soon afterwards formally noticed the death of Judge
Bibb, stating that the members of the bar had held
a meeting, adopted certain resolutions and would
attend his funeral on Sunday. He moved that the
Court adjourn.
Judge Crawford made some appropriate remarks.
gave warm personal testimonial to the amiablity
OF character of the deceased, read the proceedings
oil the meeting OF the bar, and adjourned the Court
LATER FROM JAMAICA AND HAYTI-By the arrival
of the schooner Wren, Captain Lane, from Kings
ton, March 80, the New York Express has files of
J Jamaica papers confrmatory of the outbreak in
Jamaica. The troops sent on to quel the insurrec-
ton had succeeded, and forty of the ringleaders
had surrendered themselves
The missing boat of H. B. MS steamer Jasseur
which was wrecked on a sunken rock to the south
west of Jamaica, as first announced in the Erening
Post, had been picked up by small coasting schoo-
ner named the Emeline, on her way from Kingston
to an outport and taken into Port ROYAL. The
Morning Journal says "Whilst proceeding on a
voyage to the westward of this island, one of her
crew espied a boat containing the fugitives. for
whose rescue the greatest efforts were made. When
taken on board they were found to have been re-
duced to the most deporabe state from starvation
having been nineteen days exposed to the weather
without provisions or water. One of the men died
rom starvation, and the doctor and purser had
gone mad 1t is to be hoped that by prompt atten-
ion they may recover.
Port au Prince files are to the 26th utimo The
Rerue de Commerce has a lengthy article on the
paper money, which closes with plan of relief bv
urging upon the mercantile community to exchange
all small notes for large of 81 O06 at the Trea
sury, the bills to be taken in payment for duties
&c. OF course, subject to restrictions. The
city of Port au Prince is to be lighted every night
rom p. M to a. m., also cleaned every other
lay. Three aSsassins were executed at Port au
Prince on the 18th ultimo.
The Key West Key of the Gmf of April 2, states
hat, on the 10th of March, a wrecking smack
brought to that port from wrecked vessel five
Kegs OF specie, each containing about So OOO Dur
ng the night after the arrival of the smack one of
he kegs was stolen, and dropped from boat into
he sea- Within two hours from the discovery of
he loss OF the specie it was found and recover
ID from the water, and three of the four men i'm
,hcated (the fourth having in the mean time fled
rom the hey) were arrested and imprisoned The |
pecle was recovered by some turtle fishers The |