New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-25

IT ws- decided that the Judge intrI-tel with te
Liberties oi Tire propr, and tnat oi- SAYING wa ia'
Gs; tbst the day when Il was ahn'ig,d ttai irr
hG,hand Wns a i,ou or Killing man caught Iu Hiu.-
,erv with tis wife IT, Manning case Juts" IRi~l'u
dire. ted special v.ni,,, aud determined enc 'g'r
If gUit himself, aua Manning wa pnlfhei B.! bong
branded on the hand "a t,luu. Their, wen 'Igr
ep,cls in which killing in suci cases Wen. uupTr-H'
it was justified under the j. nish d,Pensa'l"n by ih-
laws al soion, by tEo>, 90 tar Roman tnpI', ava hS
h, Gothic institutions which have gwen shape in "lr
own Nv the mere 81 trcqreu, repetition ir the
books # Manning case. % bg, come G" be- believed
"a: an mu.' -;aad by ;he b,d 90 Do, vi' GUS b.
hold te aduh.Ier Vo'u'iug h', bel AMI ro' raise hl>
taru Sgaipst him. rom the tIU' ~ ElWH1i ~. %
kug Ciar'ss-thr.. hundred aud --yty-ott y,ar~-u'
word j. b. found in he common law. ro WONT JIM
Vuirg guilt the SLAYER If the Nioator 81 tire chastity
+ II Li- vile. This right to kI Was never druled OFT
Lcw. There wa one fac; be- bad never h.i.rt seen
related except by pary. that by the law - 'n" M
morW,s lth. Immediately preceding the time OF tha-rr
b adultery punished ty Death.
NJ. John Graham remarked that Blackstone I-u-
IL, red i. In 1850 period before the Judgment IN
Naming case u was punishable by death.
Mr.. Stautor The age of Charles was an aEe Of
adultery ard gross ccTruptou the palace va, Mod
with h1rlots and througed with adut"rors and sdn"r-
es.ts; the Judges the paudcTers, partcA,rs and
. projectors II tho age, ard the s1mr Cont which
Judged the husband to be- felon for Staying an niu
ierer On hs bed, fined aId sent jurors 10 piIsOu Tor
reiUsiU 10 find verdict. 100 accorlauce With a. Iutluc
tiors II was the same Court which hunted Quakers.
Catholics AID NUrcoUfUrg.i-ts 10 death, rhe same
Court which rsecuiei John Howe and Richard BaA
ter, ard which s-Dt 10 the plllory and prison J'hu
EUuvau for preaching the Gospel 70 the poor. Coun
.elr,fued or the history ofthos- time, TO the r.t
volume OF MaCaUigy page 40. This was the state Of
the laws and social lfe ~ the tine the principle was
introduced into the common law OF England that 10
Lii an sdulier-r IN the act Is crime, and when >oc-
~ IN this District Is reduced 10 the conditions,
ard when the Government offices are filed by open
ard ayowed aiu rrrs, when the professions 81 law
aud medicine shall be- thruUged with hbeuiues, when
-, ID. ify IN d
lest then II viii be time 20 Introduce here principle
of common law before heard from tie judgment
seat then it viii be necessary Tor the Court to extend
the shield ui ldw over attorneys "a save their i'yS
from the hands of tie husbands whose wives ,hcy
have violated, whose homes they have destroyed AMI
whose fan lies they have made d","iate. cuim
then tins proposition. that the expression ar rule
4 the common law in regard to the consent of
the wife had its origin IN a state Of manners
and Of -ocal life that do not exist in this country AMI
that = a. rule is not applicable here. Ii is founded
the ~ 1cple that the wfes consent qualify the de-
Gre, the aGuterrrs guilt, ana determine the husband
20 b. criminal In American society there i, free
dom from restraint and supeN son that exists nowhere
es, and thu results from various causes: husbands
father, and br0ther- devote large share of time q
~, care. Of life ard 20 the duties of providing Tor the
fiI Is during which time the female portion Of The
i,u-s Hrc let to themselves without protection. The
fr, due.t charges # habtaon and the equality of our
,ocia. condition lead Grauknoss of intercourse
uEC requires, for the sanctty OF the home and the
security cf the marriage bed, rigorous personal rr-
}
society IN this District also to be noted before any
/ principle Ike thst 1T social law be Introduced
fsui.ic- come hiher from all part OF the | ulnR Ia
remain for shorter OF longer period Of time. 10 en
Joy aUy social life here, the intercourse must be- frank,
without suspicion. The time which, in long-cstabshod
} communities, may enable dNIluas 10 choose and
pick out those with whom they may associate is not
had here; besides i has been the custom here for o
cer- If the eminent and those N the public employ
ueut to throw open their doors with wide hospitality
/ that exits nowhere else This forms peculiar fea-
ture and attraction in Washington society, and by
the population that il attracts here and the stimulus
/ thus given to business, the wealth and prosperity
If The city and District are promoted. But If those
social occasions 20 be made the means of guilty
si.uatious; fthey 10 become the means by which
the adu.terer purue- his lust then IN, doors at t-
/ lies must be- swiftly closed No man would be- willing
to have his hospitality made the means of assigna
ton or the social occasions, when he desires Ia give
his friends aud neighbors pleasure converted into OPP
portuntes for corrupting the innocent wife of his
friend. repeat then, that the doctrine which this
prosecution rests s founded on the Manning case, cop
led 10y Hale aud Foster and Blackstone. But it IL
also to be observed that from the day in which Man
nings decided to the present hour, has not
been followed by the conviction Of a husband H. En-
gland. No husband since then has been punished u
elou for taking he life Of an aduerer. In these cases
the doctrine If that has been declared from the
Bench but only by two Judges the OF the Queen
against Fisher .he case OF the Queen against Kelly,
AID another ease. Two Of these tried by Justice
parke and the other by Baron Role. In the one,
there adultery Of the wife; in the other, no
marriage aud in the third the crime was of totally
different MATURE. As from the time of Alfred to the
time If Charles the Second, there j. evidence that
a husband regarded telOn in common law
ur shaving al adU.rrer, from the time Of Charles
the Second 10 the present hour that principle mas
never been enforced by the punishment of any
man in England. Counsel then proceeded to
argue that in the tire. cases cited by the prose-
cuCu from the North Carolina and South Carolina
reports there entirely distinct questions AZ issue
that far the marital relations Of slaves were CON
crrnrd they not recognized By the laws Of those
States and that. therefore, the adJudcaons or rulings
in the Of slaves did not govern apply to this
case. There We, another cited ia Jones-thc case
Of & white man. But there there sufficient evil
dsnce TO show that the killing proceeded from preceding
malice. There was a case however. cited from Hills
rcuors. which hal analogy to this case. There
the adut.rer slew husband who wa endesyOrng 10
rescue bis wife and there II he'll that the murderer
CUuld rC; set up the plea Of set-deiense. The Aner
can common law this subject shown in the
# Singleton Mercer Of Myers of Jacob Green. and
the case OF John Stump and the of JarbOe where,
IN each instance the slayer Of the --ducer acqu
ed. Counsel also referred to Smiths and Sher
mans in Philadelphia Boyer case IN Virginia,
aid kyans case reported in vol " heclers Criminal
CAGES. page 81. Whsre then ne asked did the adult
ferrous doctrine If Charles IN" Second prevail il tneri
ga Not where the stars and stripes Hhyc-uOt even
where the royal banner Of England hoats-for II w8s
not long since, in Canada, husband bad followed hi-
wes sUducrr from city 10 city TIL b, found AMI slew
him. and ther. the doctrine Of .arlcs be Second
repealed and the man instantly acquitted. BY She
American law. he proceeded the husband i alway-
present by hs wife hi arm j. always by her side; biz
wing her. The cousrut u the !e cannot
in any degree affect the question Of the adl.rers
gu and If hc BE- slain IN the blythe husband. then
il u-tfaDe homicide. will pas then % the CUES
ton of what constitutes The act understood one ~
the learned counsel for the prosecution claim IN
corlauce with a.. VERY lco-- language of Baron Pskc,
that is necessary for the husband 10 have occglar 1-
moustraiion.