New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-12
wAsHrseros, Monday, April II, 1859.

trial 10 dsy that before the doors opened for tbs ID
mission Of the audience tie Court room was crowded
BY persons wfo had obtained insrss through the
windows
The points which Mr.. Graham presented for oouad.
| GRAFTON or Saturday were:
| FIRST. That the Government 10 bourd to make on
| q case.
| Second Ths, malice was 10, to be presumed, bat
proved.
Third: How far the adultery WAS to be considered
provocstior.
Fosrtk: Why such crime uaaer the old common
| Law was rot murder, bet msrslsughter.
Fifth, Why the extinction of the p~iregrn clerical
the slight burning in the hand which vas puniahneot
in such cases, il tsbtamonnt to an scGuttal.
S.rtl Whether the frenzy natural {, . husband
under crcums Of such character does not opcH
rate to produce mental unsoandness.
Thees six points considered on Saturday.
The following il the seventh poi 1t, which counsel
did not discass, but is to consider to-day:
Strenfh Whether, viewing the case Of IN.
governabe passion as ono of resen mont produced By
pss.ion there was sufficient time for the defendants
passion to cool and for TO get the better Of his
transport Of yasiop and whether his Subsequent ssts
were deliberate when the mortal wound was given to
| the decessed.
~ minutes pact 10 O'Clock.
TIE general jury panel called, the jurors having
been instructed to attend to-day, and the Judge dis
missed them till Monday next.
About twenty mil utes aterward, Mr.. Sckles IVES
cor Quoted ITO Court and took his sest 10 the dock,
sems of bis counsel and DIR. Emanuel b. Hsr. having
| scots ear him.
The July h,virg been called and answered to their
names,
Mr.. Graham resumed his Argument He said:
lie wa. fast approaching the close Of his present
duty If there other reason 10 sdmonish him
10 go, his exhaustion would be snch reason.
The interest be felt the prisoner must be the excuse
for the which be had imposed upon the Court and
Jury. lie would briefly r.capitulste the arguments
which he bad submitted. lie had shown that
| human law did rot reach all cases of wrong;
that the ssion to provide against this wrong vas
simply TO turn TO our instincts as regulated by
the Law Of lie had suggested tnat as to the re-
latiors between husband and wife, and parent and
cLild Mature had created duties Of protection which It
vas not only net criminal tn discharge but which We
we're bourd to discharge. He had suggested ID an
invitation TO mans friend neighbor TO prtake OF
the hospitality of his house IMPLIED an understanding
hat all lust uncleanness in regard to his wife OF
| daughter would be repressed or bsnisbed from tbs
BOSOM and that to come in the guse OF friend, while
at heart Toe, constituted an abuse Of the license 70
He had also suggested that ~hether the wife
ted to throw away Der CHI sstity not bet ween
| the husband and the aduerer, ravsher, the hus
bar rights the same; that morally speaking,
the wife the property OF the husband, aod az
against him. possessed dominion over her person 10
| favor Of another.
He had then considered how the Bible and the CON-
mon law regarded adultery. While the Bible made
adultery 80 high crime, il fair 10 presume tnat
our minds framed with corresponding percep-
| tioIs-in other words, that when the Almighty
| had portrayed adultery as so heinous an Of
fense be invested with that quality
Of mind which enables US TO look upon in the same
heibous light in which he himself had exhibited It, As
4 I hi nf IA
the power which creates the duty gives the ability TO
understand and appreciate it. Counsel referred to
what the old Judges hsd said that jealousy is the
| highest rage OF man, and adultery the greatest
| provocston that can be given to him.
F.! In regard to the crimnsly Of MIR. Sickless act,
sci d.rsoOd the basis Of all accountability 10 be
the possession Of that amount OF reasoning which en-
sbles to see the right way, and that amount OF
will which enables him to pursue it, The intention or
will 10 the principle which gives life to crime IL was
impossible 10 separate this Intention from the corpus
deieti, or body Of the ofenSe Although 10 this case
human being was slain, nevertheless there was not
that will intention the part of the slayer thai rem
dered him smenable to criminal Justice. II was no
matter how t0e unsouncness OF mind was produced,
party 10 the origin OF the provocaton
| when acted upon him. He stood entirely
clear Of the conduct Of the adulterer.
lie had never copnved at il, and the first iotimaton
he got Of IL was the ruling motive which induced him
| TO commit the act for which he was nov Mraigned.
Council had shown that whenever mental soundness
was set the question for the Jury was whether the
calee which produced mental unsoundness was suffi-
cert TO produce it, This question had been
| already before the learned Judge on the bench.
lie referred TO Judge Crawfords directions 10
the Jury in the OF tue United States against
John Day. There the defendant was charged with
Staying his wife. The defense set up was insanity,
the being the modification Of the prisoner at
child being born 10 him within three months after his
marriage. The Judge ruled that it. from toe evidence
the Jury found the fact b the birth OF the child,
and as fact of the prisoners mind becoming dis
essed thereby, il was an unwsrranted and
In bis mpd became diseased thereby,
nd il in such pare1ysms Of causeess rage bus pIwf
Ct distinguishing destroyed superseted and hs
CON init ed the act with which be stood charged be
was not guilty Of murder; in other words, If shame
,cted upon him TO such extent to render his mbd
| only one Of the emotions crowding Mr.. Sic less
| miId-that was the law waich the defsnse
Intended to enforce this jury. Coaosel also reerre
| 10 bis HoLor's ruling the secord trial OF Day,
where the Jadge had submitted the ssme propositions
| the jury: The jury would perceive that the
shame OF having child born % man IN Ter s1cb
circumstance could not compare with the morti6cs
ton end shame Of having man wlfedeh 'ge'sd.'
The Judge there ruled II from any predisposng cause
suoh state Of mind produced, the prisoner was
| not responsible for bis act.
The counsel also referred TO the Judges decsion in
the Gaze Of Jsrboe who wss charged with murder Ia
sayjng the seducer Of hs sister. Infatuated by the
conduct OF the seducer, this brother sic Y him upon
| the spot. The learned Judge there said that tho
statement Of facts made Of murder, but the state
Of the prisoners mind at the time m sitter for
the liberation Of the Jury Under that instruction
the Jury held that the brother was excused Counsel
ssked il brother who voluntarily assumes 10 redress
the zroLg Of bis sister, stands excused By the verdict
Of JUIy from the consequences Of his act because
| the prOVocstiOn was too much for him 10 bear, on