Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-14

| another. Any evidence to rebut the PRESUMPTION
OF malice was competent, but the speaker asked If
mere was anything in this proposed evidence
tending to mitigate, to show any other state of
facts than was presented In the Indictment,
Mr. stanton replied that the evidence proposed
TO be offered was one proposition and the gentle
man had directed his argument to entirely another
proposition. After detailing in course the condi-
ton Of mind which it had been proved the pris-
the alleged crime, the speaker asked the Court
/ whether evidence could not be sdduced TO show
cause for that condition of mind
, Mr. stanton proceeded with flow Of declama-
uon, winch caused the shorthand reporters to lay
down their pens in despair, TO invegh against the
doctrine that evidence in mitigation OF killing
wnefe thereis not Occnar evidence Of the adultery
| Is inadmissable. Hedenied that any such doctrine
would be-
Here the speaker read from the case of the State
against lowell in the sth of lredells North Caro-
lima rePorts,) decided in 1913. This was the trial
OF a slave for the murder of slave Would ii be
| contended here that the same regulations which
governed the case of slaves in aslaveholdng state
should govern a case involving the life of white
| and free man, There was not a man within the
sound Of the speakers voice, but would wade knee
deep in blood before such condition of things
would be permitted to exist.
| IL was here proposed to grant the prisoner the
same rights which were granted to a man in the
most AFFECT state in which he could be placed on
the face Of the earth. Never since the time of the
Norman conquest to the present hour had msn
been convicted in British court for Staying the
adulterer of his wife.
Jarboe's case was here quoted to show that the
words passed between Nally and Jarboe in rela-
ton TO the sister of Jarboe were admitted as evil
dence. Also, Days case, where the fact Of who
was the father of her child (born shortly after
| marriage) was proved by the Wife,s declaration
| (Atthe close Of Mr. Stanton's remarks the Judge
left the bench for few moments
Mr.. Ould then replied, abiding to the animal
versions cast upon the counsel for the United
states by Mr. :. in reference to the conduct of the
prosecution in the In the collection of stars
| here for the defence, various duties seemed 10
| have been assigncd-sone seem to be assigned
high tragedy some comedy, some the heavy bust
ness, some the part of the walking gentleman.
and one the clerical supe and to play the part
OF the bully and bruiser. No man had greater
dislike to personal collisions than himstlf-no
man had deeper contempt for the getter-up of
them, or the methods of conducting fhem The
speaker stood here without vndiCtiveness, and
without any malice towards the prisoner at the
| bar, and should not call murder gentleness He
should not call malice feeling. For the purpose of
relieving himself of an dspersion which had been
cast upon him by the counsel for the defence, Mr.
o. had taken this opportunity to address the Court
Mr.. stanton replied that ne knew his duty to his
client too well TO lie led aside any personal con-
slderatons by the remarks of The gentleman on the
other side. He did not intend To 30 aside from
| the duty which called him here to protect his
| friend from being Indignantly hunted down and
dragged to the foot of the galiows. He should
not 90 to any other issue. He did not know the
gentleman on the other side all, and after the Ian
guage he had used, he did not desire 10 know him
Here the greatest excitement wds manifested by
the crowd outside the bar, and the speaker was
halled by an ontburst of applause. The sensation
was not quelled without considerable di thculty on
the part of the various officers of the Court and the
Judge ordered any person found in the act of Civ
ing expression To any further demonstration to be
instantly arrested and brought before him
Mr.. Carlisle designed addressing himself only
tn the question Of law in issue That u.s. shall the
defence be allowed 10 give in evidence statements
made to the prisoner by the witness on the day
| preceding the homicide, between and in the
evening. He knew not on what ground this tes
| timony was offered.
Mr.. Stanton. 1t is offered 10 prove the state of
| eide
| state of his mind by statements made to him by
| Others, but by his own and his acts. Mr.. c. con-
| tinuing, denied that any law book whatever laid
| down different rule of proof In such a case In
| Days case the Court had not laid down the ruling
claimed by the defence rs insisted on by that side
Here Mr.. c. quoted from the record of that trial
| to sustain his position. The declaration of the
| prisoner could not lawfully be COMPOUNDED with
those Of any ono else In cases of insanity the de-
carations and acts Of the alleged insane only could
| be weighed 1t was whether he spoke and acted
! as lunatc alone that could be well hed In DAVIS
case the Court was not urged TO look into the con-
| ditlon Of the prisoners mind by the declarations
and acts of another party There was the fact OF
the birth of child in three months after the mar
rage, and the fact Of his being in state Of mel,
| ancholy verging on madness, the court allowed
the prisoner in that case only to prove what he had
4
On the second trial there did not appear to be
any question as to the admssiblity of evidence
| concerning the insanity. The case therefore has
| no bearing on the case now under trial Ii has
been said that the substance of the communication
offered as testimony was that his wife was an adul-
| tress and the deceased her paramount That did
not prove the adultery was IL asked to receive
this testimony as proof of the adultery. Whatever
II was that the witness poured into the ear of the
| prisoner is Of no Importance. Its effect on the
prisoner, however, was Of Importance.
l.I
the counsel on the other side from painting through
the mouths of excited witnesses extravaganza repre-
sentations of tine state OF the prisoner after the
homicide. He referred to the evidence of Mr.
Walker, contradictcd in that particular by both
Nliss Duffy and the witness now being examined
Here MIR &. referred TO d in point. That of
Johns, which Mr.. Stanton had represented as re-
lating to slaves and their wives, and not freemen
and theirs. If such distinctions existed where the
counsel came from, in this form, the same law ap-
piled to both.
~ For continuation of the proceedings, see
the Second Edition.
The A. M. f. Zion CONNECTION
The body reassernbled at the appointed hour
Superintendent Bishop in the Chair, who also
read the Scripture lesson; Rev. A. Cole leading
in the religious exercises. The preliminary pro-
ceedings having been gone through with the ex-
animation of the moral Standing Of the members
was commenced and continued until the list was
sumed in the disposition of the questions of the
Discipline. Rev. Wayman, Sluby and Hunter,
pastors Of the A. NJ. f.. churches of Washington
and Georgetown, were introduced to the body.
and assigned to appropriate seats. A motion to
receive Josiah j. Long into full membership was
amended on the motion of ;. Il. Jones so that
Brother Long be referred to a committee, TO be
examined rs TO his progress in the studies laid
down by the General Conference. A lengthy dis
cussion ensued, in which Rev. Jones, Talbot and
Jones argued, favoring the motion to amend and
Rev. Brooks, Cole and Thompson opposing The
motion Us amended was adopted. The hour having
arrived, Conference adjourned. Benediction by
the Superintendent.
There are large audiences in attendance at each
session. who manifest deep interest in the pre-
ceedings Divine service is held in the church
on south street each afternoon, at o'clock and
in the various churches each evening at O'Clock
CENTRE MARkET-This morning, the market
presented an average supply in the various apart
ments. and the attendance Of purchasers was quite
as large usual.
The supply in the hay market was not very large
the demand moderate, and the prices about the
| same during the week past. The fish dealers
appear to he doing very well at their stands The
quality Of their stock was excellent; prices much
the same as last quoted in the Star. The demand
for fish at the landings has had the effect to fix the