Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-25

III he could tear openfh grave; IL he could sum.
mon wines that had not been called II he could
place Philip Barton Key upon the stand and mh
him. in the name of his birth, Of his education OF
ali the feelings he had derived from association
with gentlemen, what would have been his cours4
had traitor entered his house, contaminated hi,
wife, and disgraced his children, He would leays
II TO the Court; he would leave IL to the counsel
for the prosecution; he would leave il to the rela
tives and friends Of Key themselves To saw yVha,
would have been his answer? The moment ,Vben
the mind of man becomes diseased NO buman
being can perceive. And when we lie down 70,
rest at night, we might as well attempt to watch
.oi .ue nloInent when sleep overtakes the mind as
the mind. s-' W S'o'A o'ei
The Court must have heard of instances where
man heretofore in the enjoyment of his uilhd had
suddenly supposed himself the selected instrument
OF DIVINE vengeance to e1tirpate some supnosed
wrong. All the defence asked in this case was the
same instructions which the Court had given in
she case OF Day ard the points embraced in the
Sndfge OF Judge Allison to the jury in the case of
sherlock Here the speaker read the charge In that
case, from the Legal Journal
In reference to the receipt of declarations m evi
t :" SHOW insanity, the Court had laid down
se Id" clearly In the case Of Day; which decision
MI b. read from the printed pamphlet
LATER.-SECOND EDITION.
Commenting on the seventh and eighth instruc-
nons asked by the defence Mr.. b. stated that they
pore on the same point which had been asked by
mir. Carlisle In defending Jarboe, aud which had
Instruction for the defence could be framed
Mr. Is. went on to describe the maneuvers of
Mr.. hey in front of the house of the accused,
whlca maneuvers and lodgings and spyings he
characterized In severe terms. He compared his
death TO that of Major Andre, found as spy on
hostile ground, refused soldiers death, and
d dnnE high upon gibbet Major Andre had been
ever lived, for playing the spy The decision of
the Court In Jarbocs case bore directly upon the
question Of the provocation in this case
Reviewing the previous circumstances of the
case, 'he receipt Of the anonymous letter by the
prisoners the inquiry instituted by him; the inter-
val OF time when he believed his wife innocent
and made the two speeches noted in Congress and
which Mr. Brady cOmplimentcd. land in so doing
paid another compliment to the reporters for theiI
labors, and went on to cite the case Of Aler,nd.,
Hamilton making cool. deliberate speech lust be-
fore he was to fight the fatal duel I'm which he lost
hls ne, he claimed that Mr.. Sickles likewise
could be cool under somewhat similar cirrum
stances But he held that at the time these speecbes
were made Mr. Sickles really believed in the limo
cence OF his wife. He held that all the emotions
oI tile prisoners nature were changed at the mo-
ment the evidence became understandable Of his
wile's guilt and Of his friend With this sense of
injury he PUSHES out upon the street. and by his
rapid walk and excited manner attracts the ntten-
ton OF witnesses
On Saturday night, in feverish unrest, he PAGES
his room; on Sunday morning, i'm the same condi-
ton; he sees Key pass his house and wave hi,
hand kerchief Then the prisoner, believing that
secs
Sickles 90 one way round the square and masses
in the other direction towards Sickles house .np
posing that he had eluded the husband and is met
by him. Ii this is not taking him in the act Of
adultery what is, IL Mr. SickIes did not usc the
weapon, (Which he may have ordinarily worn
what was he to do To pass Kew by and saw
good morning. Had he not shot him down
the speaker would scorn to know him more. IAp-
plauSe.l
As to the cooling time, he contended that the
Term had no application here. TIE idea Of cool
ness In connection with the fresh provocation of
th1t morning, he held to he impossible. With
respect to the question OF malice, Mr.. b. quoted
rom the case OF the State agt. Hill. reported in
Devereux's Reports, where the accused was
that an immediate cause for the act of killing was
d circumstance Of exculpation.
In this case, at the very time Of the killing when
The friends OF the deceased rushed up, the motive
Tor the killing was abundantly shown by the ex-
presslons of the accused, and there was no pre-
sumption of preCOnceived malice about it, There
was provocation of the very strongest character
Here Mr.. b. read from the opinion of the court in
" III case, at length; also from 10th Humphrey.
page ~, as bearing upon the same point. e,
malice.
In reference to the question of justification, Mr..
b. supported his views of the point as bearing on
this case by various citations from Blac kstone's
Commentaries, and coRtended that it was proper
TO prevent great crimes from being committed by
homhelde The prostitute may resist the ravisher
TO the death, yet Il is claimed that man NAV not
resist an affront put upon his honor.
He would have them look at Daniel f Sickles
look at eresa who was hiswife; look at her whom
he (Mr. Ii y knew in her childhood and for whom
he hoped, notwithstanding her sin no more an
Sush than would be necessary 10 attain repentance
look AT the child. innocent of the crime, but upon
whom would fall the heavy weight Of the judy
ment.
1t is suggested that the injured husband mayre
sort to the duelling code. He (Mr 3D. was not
familiar with the code, but never understood that
the husband was to recognize In the adulterer one
entitled to its privileges
Then he proceeded to argue briefly that the con-
sent of the wife afforded no justification for the
adulterer, and thence to point out the inconssten-
cy OF the law which Disseminated between the
raylsher and the adulterer
As to the question Of doubt whether there was
any insanity not that doubt affected the case Of
The prosecution rather than the defence.
In respect Of the greatness of the provocation,
Nlr. Is. quoted from a number Of authorities to
show that this peculiar domestic affection was
greater In Its effects upon the human mind than
Gould be produced from any other cause and also
rom the reports Of inspectors Of insane asylums,
20 show that more of their inmates had been
brought to their condition Of mental darkness
through domestic affection than from al other
;auses combined.
Mr.. Brady here, with some happy illusions to
he dramatis perSonae, the stars for Defence read
rom manuscri pt a description, furnished by Mr.
,leagher, of the remarkable scene exhibited in
;onrt when Mr.. Walker was giving his evidence;
md concluding by an imprisoned address to the
Jury in behalf of the prisoner
After reading this manuscript Mr.. b. concluded
by saying that N view of the relations which Mr.
bore TO his now lost wife. before he came
10 this city, and OF the circumstances Of her shame
be might have gone TO any other place in the
whole world, but he could never have returned to
The city of New York and held up his head for a
had he done anything other than that
which he did in Kidding the world of her de-
trOyer.
Mr.. Brady's speech occupied something more
han three hours in its delivery, and received the
,lesest attention Of all present.
After an interval of few moments, Mr. Ould
oSe to address the court in reply TO the arguments
If the counsel the other side upon the instruc-
lions which had been prayed.
lie stated that he had listened with great pleas
IRE ana attention To the arguments which had been
presented by the counsel for the defence Es-
pecially had he admired the dignity and boldness
with which the gentleman Saturday had met
all the points presented in the But while ad-
nring this candor, he must state that the prosecu
lion did not stand on the ground on which they
would place it. The prosecution wac not here to
try case Of adultery, but one of murder.
Far below all the questions discussed by the de-
fence was another far more important-that of the
Of human life. These family relations
presented by the defence sprung out Of human
life. Human life was the great shaft around which
all such poeses as these had been wreathed. There
never had been nation, nor a code Of laws where
the sacredness of human life had not been the first
H II" Al