The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-15

,emen mean 10 say la. If the evidence was mmseriai
either pont OF ju fcatton in point of insanity, toe
Court Appeals would not have declared !. admssiber
the DUTY Of The judge be sees that the eviencs,
spsceprbe Of having any operation the Defence hal
been rejected remand the case and order ne evidence
o State New Yok, but the rules Of law there had
soundness OF foundation which he confessed be ked Toe
judges there Rad not arrived at tue point OF admitting evi
dspce Dot that man was but that he 20 nave
been med. That the poiot here. Gentlemen might
ufe Nil their ingenuity but they could lot escape TINS pre-
nsue "was the prisoner iusaneY not ought he ~
have been msaneD II the effect was shown 9ui baao.
investigate whether there had been sum lent cause 10 set
him mad Let lbem prove il his Honor thought i.
risl that the prisoner had been informed Of certain
state Of facts, but that the facts Old really exist
Mr. Stanton read part of the Of John in redeIl ire
which rejected under the head Of justification, was
admitted under The head Of insanity As the reia ols Of
counse TO slavery had been referred TO- he would sae
here that the blood Of siaveh0dng parens ais
veDs; bis father had been North Carohnan AMI his
mother vmginap.
Mr. Carisle-rhat is an interesting fact which hope
win be cbroDicled like all other things that take plac
here 70 that when the gentleman comes to have mis- bo
gapby ~rtten that fact may be mentioned 10 connection
With ,bs doctrine which he has expressed and maintained
In this case.
Mr.. Stanton--The doctrines which he has maiutained
here in defence Of homes aud families w he the proadest
legacy he will leave TO his children Suppressed ap
Mr. Carlisle No doubt Of " no person can doubt the
Of the gent his but unes
the eabsstn So and hFe with which these conclusions
ners shall beg leave IN consider them opinions and
declarations in themselves. " the manner aod vehicle
in which they brought to notice. do not agree With
the gentleman, and sure he does not expect TO
agree with him.
Mr.. stapon-Ccrtainly not; appeal 70 tho hearts Of
other men.
Mr. carlisle-There great variety Of human hearts
IN this world.
Mr. stanton-Yes sir and some Of them very bad ones
Mr. CarlisleAad am happy to say that mine does no.
COL things which to exist in the hearts Of
come other people, though like all other human hearts
sfpe''' sf is filed with much that would be better out
Mr.. stanton-I. would be better we're something else
The Judge-Really, gentlemen, this thing must be in.
terrupted.
Mr. Carlisle-I am addressing myself 10 your Honor,
and shall cay about this, because really feel
quite Indifferent to the observations made, and shall take
10 further note Of them.
Mr.. stanton-rhen proceed with your argument
Mr. Carlisle closed his argument against the admiss-
| blity Of the evidence.
The Judge-Thc proposition, as understand Il, s TO re
ceve the evidence Of communication made by the wit
ness on the stand to the prisoner 10 PROVE or to aid in
proving, the insanity of the prisoner at the the
CON mission Of the off nee That is the distinct and
single ground on which the prosecution Is nov Dut.
| Mr. Stanton--Preciseiy.
The udgeI wish that to be marked because my opinion
might vary in particular aspects, and do not want to
commit myself more than Is necessary.
Mr. StantOn-rLat is the precise point We occupy
The Judge-I think this evidence offered link 10 the
chain TO prove insanity is not receivable. The jury
derce Of scts such usually chaIacteae arrangement
Of mind, il proved but the communications Of A. B. 10
the prisoner or any given number OF persons, offered in
regard TO insanity, cannot think 20 TO the Jury.
| Exception taken.
Mr. stan,on-wn your Honor be good enough to explain
little further, 20 that understand how
your Honor's views that point Your Honor says
cannot be admitted on the point of insanity.
The Judee-As tending 10 produce Insanity. or as
cause that would probably induce insanity
Mr. Stap'on--But II coupled with evidence Of insane
acts, what hen2 All that desire to get in
that will save the prisoner e or course the jury
10 Dc he ultimate deermlneIs o. the facts snere De
any view in whch We Can get II in, we would be glad "
rha " % No Than IN ,ve mi. n,,,,c,,.r
opinion because foresee that there will be great
discussions on :hs point, and DO not choose 70 commt
H. s,antoncan vou, Honor sun,ose anv given state
of racis shch connected with this proof would render
aamTsoler
NJ StansopThsn " vour Honor wiu a,lox us IA 90 ON
| and and Il out
| The Judae-Mhenever you reach q stage where You
thnk snv uis ce of evidence In Won
can offer H. and the Court will decide H.
Mr. stantonYour Honor v III recoect thnt ve ara tyv
inc 70 Get in evidence 10 save The prsoner's liza.
1r Maav-Io order 10 rre veut Il being said hereafter
thai the change of Mr. Sckes, mind on Saturday was
proiuced by commuu caop referring 70 sDne subject
other than ha, which was In point OF fact made We offer
IL IN Ss,,ncs form N nrove this thai this witness had
communicated to Mr. Sckles that the Thursday (the
23d Of February preceding the of Mr. Key, Mr.
Kew had gone with Mrs SckIes q house in fifteenth
street, in Washington which was hired by Mr. Key for
the exclusive purpose having there aduerous inter
conrse with her; that Mr.. Sckles having investigated
that statement made by Mr. Woodbridge ascerained that
] Mrs Sckes bad been there Thursday, but had
been there on weanesdsy with Mr. Ksy ana they were
vea,oos by Mr. Woodbridge to Mr. Sckes Of the fact
that he had made a mistake In the day. that removed
from the mind Of Mr. Siekes the presumption that bis
wife was innocent and produced the conviction that she
was guilty
The Judge made q memorandum Of the question, and
read to Mr. Brady, who said 1t substantially
rect.
Mr.. Woodbridge was set asde to be hereafter
examined.
| vr,,r>,cp or ,ou>, c,v,v rrv,S u.Nnprpcy,pr
sIaNAIs