The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-14

was the case wherein the tstmony or ueclaraton Oh
wife was admitted as defence for her husband
the fact sought 10 be introduced here materia
Tor the defence, else il had business here II mate
,er declaration was in Law the declaration Of her hus
pand Unless could be shown that the prisoners de
CaI,ton was admissible, IL could not be shown that his
wne sosc'nraton was On this point or the Identity OF
husband and wife, he should II he had the power of the
counsel ON the other sde reproduce eloquent argu
that Husband and wife were one esh II this decIa
ration were to DO allowed they have no rule on the
subject except that each particular case shoud stand on
us own circumstances The rulings on similar points had
been various Roscoe's Criminal Evidence showed that
contrary decisions had been made in she English courts
but none Of them covered exactly the MONT
involved here. These all civil cases
Counsel referred to the case of Hewitt Brown, where
the question OF admss,bity Of the wifes deposition
came up. II action 10 the value OF pro-
petty wes trunk which had been lost, her de-
while the Court held that husband might ca
necessiae be allowed TO testify in his own case the wife
could not be allowed 10 do under any circumstances
because she was sub proestate uiri
Mr. Magruder suggested that there was dissenting
| opinion in that case.
Mr. Carlisle answered, that where there were several
Judges there was likely TO be dissent but he happy
| have but one judge in this case, there could
be no dissenting opinion. But this declaration was
also offered as part of the res 0co and the counsel
for Mr. Sckes had on that point referred TO First
Greenleaf Mr. Carlisle read section hundred and
eight from this writer, where Is laid do that the ad
mssibiiy OF matters camed to be gee matter
for the discretion of the Judge This. then, matter
n.
The only tests that laid by Greenleaf we're
that il must DO contemporaneOus with the matter, and
must be so connected with the main facts 10 ust
its character What all the evidence connected with
| the subject? II was the testimony OF the Rev. DR..
Pyne and Mr.. Francis Mohun, who the pri-
s0ner the evening OF the Goth OF February.
There was conflict between them to the time one
having Mr.. Sickes from his O'Clock
and the other having going from the Capitol home
ward about shutdown; and between them and Bridget
Puffy, the servant, who testified the prisoner being
the house at dinner time and during the evening Al the
bpfru NJ
and his wife this remarkable document is produced,
and bis Honor asked to say that that
communication made to him in the Capitol, and
which brought him home in despair-not the oral
declaration Of the wfe-but this paper without plral
lei in the history of man woman WHAT sort OF res
gestG was that? II was no. contemporaneous with the
principal fact and If were Of such extraOrd
rary patue as in his Judgment require 70 be sxcu
ded. Where then, was the fact connected with the
principal fact as 70 illustrate its character II had been
offered by the prosecution for the purpose Of showing the
motive Of the prisoner he would not say what would
have been the argument made against its admission
Did that paper tend TO show thst the committed next
day either justlable homicide or mausanuhterq He
submitted that it did not unless his Honor held 10 the
doctrine laid down by the other sde that time
sufficient to cool down the mind of under such pro-
vocation, and render him observan Of the laws of God
and man; II could not be admitted in that light. u was
for the Court TO draw the line here and say whether this
declaration Oh inc wlie formed part OF the res e and
as to be evidence TO reduce the grade of the
offence from murder to manslaughter. One point more
and he would close his argument Was this
declaration evidence TO show the prisoners insanity?
As his colleague the District Attorney had SAID qaes
ton really there insanity there cause
enough TO produce insanity. that the "great
dramast, who great favorite with his brother
COUNSEL had spoken of "minsterpg to mind diseased
but he should like to what expert would declare that
such declaration as this would tend TO produce insanity
IN all or in majority Of cases. It would depend upon
the moral and Intellectual condition of the person. There
were two classes Of the community he submit
ted il would have such effect One class he sad is
that body OF lowly and humble who, with aad
trembling walk after the footsteps of their assembled
Lordwno nave listened to the precepts of the blessed
Gospe and who with all the indrmsies of human nature
about Them with prayer end watching seek walk
in the path which the Gospel has marked for them
They are those who may truly quote that beautiful pas
sagefrom the Scriptures, reced the other day. essed
rs the man whom the Lord chastenen they are those
who in the affections that come upon them here in
the severDg OF e that there loss ia the loss
Of CHILDREN Counsel affected tn tears)-cven
In shame which not the result Of our own shameful
ness who see ana feel in all these things the hand Of the
Father and who hear his through faith saying to
them My son. this is not your abiding place. better
suffer here in this tausitory scene where you but
pilgrim and sojourner as all your fathers were; better
to suffer here. tn have all your suffering here wit call
you to place where enters, all tears
connected with you shall be pure and holy love and
peace In the vgls Of the night the smtten neart of the
goed man hears 'thst still small voice, in his allcsiop
dis INST movement Ia TO go into the secresy OF hs closet
and on his knees pour out his suppications TO Him who
alone can bind up the broken heart Insanity! Why
SIR rather the Frightening Of the mind the quicken
ing Of the sight, which perces through all the gloomy
shadows oil this world He sees the reward OF good
man. the comfort Of the afflicted man. waiting for him
That class There yet another class-sae quite
safe from insanity from such blow as tnat-,he con
hfmed aduerer The open, shameless profgste-,he aan
HuTtured in brohes. the breathing all his life the
atmosphere Of adultery ana sedu,on II there b. sucu
man. be certainly safe from the visitation of insanity
because his familiar playthng has turned wounded
him. Now, TO offer evidence the fact of the adultery
with the prisoners wife the grouni to irnpue To him
Ysanity necessarily opens inquiry of the sort have To-
dcated and although in this the COUNSEL might-for
am putting suggestions only-be willing to 20
into such question: 1t the option OF parties to 20
not to into such inquiries But thai il
the Introduction Of such testimony necessary to these
Inquiries what sort OF moral dissectng would this
court no. be converted nto2 IL such declaration were
admitted the Court to 90 further for the pre
sumption thus raised would ge any other ption
have 10 be contested and rebutted by facts not
intended to respass so long his Honor he submit
ted the matter with all confidence hoping the Court would
exclude from its consideration any which il might
deem not pertinent TO the argument.
The Court here took few minutes recess
DECISION OF JUDGE CRAWFORD.
After recess the Judge delivered his decision He sad-
The proposition that has been debated at con-
siderable length is, to introduce the statement Of
a wife TO her husband for and on behalf Of the
husband. 1t is said that the paper is not offered 10
establish the facts contained in it, but as an ex-
citing Cause or one of the exciting for that
renAed state Of mind In which Ia said he acted when
the homicide took place. see the distinction be-
tween evidence which goes directly 70 exonerate the
husband by the proof of principal criminal cause
and evidence which would tend TO exoperate him by
showing that ne was not in condition to commit any
crime. In either event the effect must be the same
acqual The gcstg the circumstances which sur.
round the principal fact which in this case undoubt
edy the homicide. On this assumption or principle, it
that the declaration Of the prisoner that "hs bed
denled," ''dishonored," or "vioatedn-for all
three expressions testified to-wss received From
that has followed much of the evidence we have heard
do not intend 70 say further what res ges
Declarations OF wife husband, for against each
other stand on the same footing as though testi
mony given the sand Suppose the wife Of the defen
dant in court at this moment could she be put upon
the standG Could she be hearaS Certainly Her tes
tmony, the statement sought TO be used as such ia
evidence and would be any proceeding evidence Of her
own crminality, and application for divorce might
be used against her. But IL would not in my Judgment
have been receivable In action for damages tho
deceased, or In any other proceeding which might have
been instituted against him. very clearly Of opinion
that the statement is evidence. It would violate we'll es
abshed principles and rules to admit IT, II would have
most injurious effect the relations of husband and
wife in destroying their confidential identity The pro-
position Ia therefore rejected.