The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-16
MORNING EDIToN-sATURDAY, APRIL 49, 1859.


te; and msgnying him respect for the sake
Of this argument desiring all that be said f)r
him. to erect him into pure upright viruous, tnst
Of the purest and the strongest feelings and nioest
Of honor man capable Of being driven 10 nssny
BY the discovery Of the mAdey Of hs wiie granting all
this TO him, hoe does the proposition Of this
evdepce9 Why, they tell has tracked this thing
from the beginning TO the end.
Mr.. brady-I beg pardon nobody has stated that
In my hearing. The proposition that Just belose Mr.
sickles left bs house that sunday, bad discovered
these facts and had also Witnessed the waving Of this
flag
Nr. Carse-I am that this Offer OF evidence
braces ruch fact; would be strange II 1t did But
am addressing his Honor a matter Of law; and Am
addressing Judge who seen and read and determined
upon the admsibity Of certain paper which on 5ssur
day night was drawn up In the prisoners presence and
signed by Witnesses admit for the purpose Of the
men that the prisoner had the undouhted proofs OF his
wifes habtua adultery with the deceased ae sees the
flag OF the aouterer waving, and he Stays him on the
instant Of meditation Of the violation Of the husbands
rights Why, what rights bad the prisoner In this woman
At that tm be be as they cescribed him, and as he
presumed TO be- be must have oathed and deserted her
What outrage then could be committed him that could
add 70 his suternes DO the counsel that still by
condoraon The prisoner might have been willing 70 take
back to his arms the wife who bad been confirmed adu
teress for many months aud that be would have done 80
but that be saw the flag Of the aduterer waving in front Of
his houfeY fancy not Looking IL then not lawyers
but as men, with the common heart Of mankind he would
ask what was there In that medAted act at that time 70
justify the prisoner in taking the life OF the deceased2
Nohing he submitted. What there In the eye Of
q lawyer One may take life TO prevent the commits
sion Of felony; but was that medl,ated act felony
The counsel on the other side had urged that was not
only not high CRIME by the Law, hut that was no
crime at ali that because the laws Of society did not
are RENTED 70 the higher law That was the theory Of
the gentleman who developed that portion OF the defence
He sad that Daniel sickies had made compact with
society, Of the conditions Of which tina. society
snond furnish punishment for the adulterer otherwise
bargain. Well seems, according TO this doctrine,
that Mr. Ses did condescend 10 enter society under that
compact and that society failed TO fulfil this pledge His
destiny brought him 70 this unhappy District, where
society bad failed to provide for such case and there
FORE under these circumstances another Law goes into
operation. But, continued the counsel, now in
sructed that the law furnished sufficient punishment
for adultery and that woman who mother OF all,
woman the wife, the sister, the daughter,
woman, embodyng all that ID purest and noblest and
most elevated in creation must be protection from her
she must be chained, or barred in dungeon, or elso
Der husband must have full power s 70 avsnss his his
heed tbemseyes Thev are appealed 10 70 remember
that such is the nature Of woman whose sname is fra
tvs that the husband must staud at the door revolver
or bowie knife ia hand hat Il must be understood that
that higher Law contros which authorzes him TO deal
summary with the aduterer and to put him TO death
or else as s perfectly clear from the we'll known nature
and Character of woman an aduherer has only TO wave
his aag-to becken to ber-ony 70 show her how she
NAV desert vrtue bring ruin and des0lation 10 her
hons sSoId sna har children she
Will do H. She will do Il Not this woman but all wo.
r,en .ir M noA tr,,ot vcvra,s NJ th,. n,nnsnt n ye
eI nrcr tht dn.,r M h,t q hor,d he e,srted
rrnr haro rarsrrad 20 4. ,.;aoo.,, ana ,thost rye
rsoa,,.or a. .,.h o 80 ,hat ,hara 10 bara
hat w
nndar b;cb vo Iorr s 'a~S S ~Hsc ve, are svorn
your onor ss ana wn0I n.y. you sr a,. H.s
followsp Why. Il follows that The taking Of this
1o nnoalo w NOT Inc sxng ue ~, e'Ths s. ",
tbe resnlt Of he Argument and am now on the oues
,nn oS how !. II "a 10 ataruinsd hv Indoe and iaw
verNtbe onlv - doctrine that know snnI,cabc IN the
snhiect be;rs ,bat ~ nroant Tho con;snn os so,onv
short N ho rmsdsto,v cn,rnn;t,sd nan m,v iueta
abw taSe e hnt bc NAV mt do 81 In regard to anv mi
nor degree of crime and fo;r; not whsre the thing
Attended to be- prevented Il no crime known to the law
tarer oSriety ;s cr;,s rnnsn 10 the Law ~ ms Mo
whether II ia or is not nnnished as The gentleman
or mysef might think II ought 70 be puuished F. not ma
terai mvsef have kno1n caoae ~ adnltsrv tried in
th ~ tho ~ .h c@sos I " % @ gon
called mon To determue what was meant bg the term
entitled 10 that legal defamation But that il
It is msdemeanor under The law of this District: Ger
tanly il ia not crime 10 nrevent which the iaw arms
any one Or excIusivel c ali others the nerson who
has been injured with the right to take the life of the
person meditating the On this ground regard
to which he felt the socude because he thought
concerned the administration OF justice eneutly and
the peace Of the District emnently coupsei had nothing
Of tendency to prove insanity He would repeat what he
bad aad before that twas only competent irqure
the question Of insanity ITSELF into the cause Of that
insanity.
Mr.. Brady-was the case of adultery to which you
refer as being tried here an Indictment under the
Mr. Mafruder inquired whether under the statute OF
Maryland the punshmentfor that crime was not fine OF
hundred pounds OF tobaccoS
ment.
Counsel for defence-Then the only satisfaction an IN
jured husband could have would be chew of tobacco
Qaughter
Mr. Phillips said the gentleman who addressed the
Court took occasion 70 express his sympathy for the pr
soner and declared in very emphatic terms he thought
he would lore that sympathy ne hoped his Life would not
be preserved to end this trial
Mr. Carlisle repned he was unfortunate II he had not
succeeded III making ninsef understood What he said
that he dd not mean TO say one word to deprive the
prisoner Of the sympathy which might be extended to
him. that SO ar as ne was concerned he would conduct
this case in the spirit Of truth justice, Christianity and
that If he wilfuly and knowingly departed from this
he trusted hs lie would not be spared to end the
trial.
Mr.. Phillips had so understood him.
Mr.. Brady-Certanly, We don't want Mr.. Carlisle to
de-
Mr. Csrsie.We are growing SO fond Of each other sir,
that am afraid will prevent US from doing duty
Mr.. Phillips (resuming) sad-Let us contrast with the
declarations the gentleman mas made the object OF the
speech be bas addressed 10 u.s. which, In spirit and sye
though this is matter Of tas'e s rather becoming the
huspgs tnan 70 the Judge on question OF law Let us
conuovert tnem with the temper and manner Of that
speech While ne has on one hand given expression