New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-16

Of thai MufAl &Gut<Tef. Ancy h~$et
tst hoase of prostitution In b pocket the deceased
-.s se yafise around the hoose OF M, ssekes sheo
n. outrage husband met and az" bun, he sopPosea
sat having proved the matter OF the signal, they
mid show The purpose for which that house IN fli-
testth street kept; and he held that IN post OF
las ard in point OF reason the deoessed "ss Killed IA
the act They would obsT THIS evsdencs, 700, on TOE
:, nj Of ipsaDity supporting IL on tbs rulings IN tbs
80 ~ Day and JsrbOe They offered 70 prove, first,
shst inst before Mr. Sckes lett bic house ard nome,
A. ne 97th OF PebrasIy and shortly before he met
Nr Ksy the latter bad used his hsnckeohie 10 root
~ ,.d house. as sgBsl 10 her TO leave the house asd
;z him. TO proceed TO ssid house in Fifteenth street.
esd there have adatero9s intercourse WIZ VIZ
- Kew. and that Mr.. Sckles say the said
E,v use his said handkerchief, ana koew what vas
tss nesrr Of such use AZ s above stated that hey
l;re1 house in Efteebth street in the City OF WASH
ugfoa for the exclusive purpose OF Committing aonuey
"a vith Mrs sickes that the key Of sucn house
vas found the person OF deceased after NJ dea'h
s,d sAs one OF those which have been produced on
tAs Trial; that Mr. Scses knew OF the AFORESAID de-
-, intent And epaT atoa of this same key; that at
AZ lime Mrs Sick los met Key on the TTen y-seveaih
sfF.bu.,y a. the corner oi Madison avenue, and 1st
b. fore he was shot, Key was Oh bis way 70 Tue home
and house OF Mrs Sckes with the nos"iu and ~l;ked
Assign 10 cause and procure her toeave said house and
pyoas ed with him 10 the aforesaid house on Fifteenth
stre.t ana then and there 70 have aduterous coDnee
t,ep th him; the said hey then having the Key OF
The front door lock OF sald house in bis posse son to
be u,ed in procuring sdmittsnce; that Mr. Key vas
M the habit Of txhoiuDg and uslpg his handkerchief
before Mr. eickes's house aud home as signal, on
psIeeiylng which, she wss 70 leave SAID house ana
ssoeeed 10 the house 10 fifteenth street, and there
lave sduterous connection with Mr. Key, and thst
Abe had done 20 in pur,uaoce Of such signal all which
ssd facts bad shortly before the meeting between Mr.
Key ana Mr. SiCsles, on the 9TH OF February, come
10 se knowledge Of said Sckes ard that said Sckles
nan ed,ately before the killing, bad himself the
,aio Key usipg his handkerchief before the residence
Of said Scks, for the adulerous purpose Aforesaid
Juege-As l understand this proposition, / brings
of admission n nrO0f Of hd0lLRrOua
Intercourse.
Mr.. Brady-For any purpose
Jufge-Yes, for any purpose; that opens the whole
question.
Here the Court took recess for few minutes, and
then the argument proceeded.
Mr. Carlisle argued az ainst the admissbility Of evil
demo. Of adultery. He regarded the question az one
Of exceeding importance 10 the administration OF as
ice generally. The consequences Of bis HonOrs
opinion stretch far beyond the issues OF tnis par
tcu Ills Honor had offered TO him sn oPpor-
tan lty of establishing era 10 the admins rat on
of Justice in Of homide, aud be was invited in
stead Of Testpg the ant9uas vias Of the law 70 o
low the irgenutity Of counsel into new and devious
ratbf The counsel on the other SIDE would argue that
they were only sskDg his Honor to apply old primer
pies to q II they could succeed In shO wing
that he tCaIhse would rot De disposed to oavi OF or
object ~ such liberalization by the Court lie had
already, In an argument somewhat akln 70 tols, nae
occasion 10 express 10 the Court the vie gs OF the law
which the prosecution here entertained, and he was
eou PEELED to wait and bear the arguments and the doc
uiles which were TO him uuknosn and uninsginable
ky which the learned counsel the other side hoped
10 satisfy his Honor that the plain rule laid down IN al
text books and aoudicated 10 all Of which there
eIecords the rule OF this case IL would offend
his Honor TO refer 10 text writer's and prove that ID
reouce the grade of the ofense from murder TO nsn
daughter because of act Of adultery by deceased
with the prisoners wife; that the adultery must be al
actual AID not imsgiI airy or fgursve one; that 1t
uust be one in the eyes Of the husband; that the
k,l dey that must be N immediate
killing and hst the subst qoent killing is one on the
nrincpe of revenge, and Is murder. The case in Ire
ss " which he referred yesterday recsp!ulated the
law and laid il down the existing law of the land
TIE learned Judge there eaid, that With that Law all
existing authorities concarred The same law Is laid
down IN the American realises on the subject. C0uo-
sci would refer his Honor 10 Wharton on homicide,
page n9, wheIo it Is tsid that, however great the
provecation may have been, IL time had elapsed for
passion 10 subside, the killing lie murders and that in
the case OF adultery, where there has been cooling
tin O. the provocatiUn viii not avail 10 alienation OF
guilt He also referred TO the case OF the Qdeen
against Fisher Is CarrDgton and Panel There,
ftn.r mad bean reduced TO an unutter
able CONDITION Of crime and dlg ace by toe party whose
HE he took. There too, the act itsef capital
crime punishable under the Las OF the land by death
For that father 70 have brought the man t. jusce,
would have been TO have brought his son TO the
xslo~s. To be sure, that father had not been des.
xibed as In any paroxysms OF grief bat counsel had
yet to learn that grief would not corode the heart as
ssrsy, when silently gnaEipg a. it. CNder this prov
him. Mr.. Justice Parke, in summing up that osse,
SAID that there would be exceedingly wild work takog
place the world II every man were allowed 10 be
tke Judge Of bis own wrongs that there must be an
instLt 10 justify verdict OF maneanghteI
IN all cause.-The party must zee the act done. lie
thes efore held that the father in this mad not
ssen the oct done, there was nothing 20 reduce the
crime from murder 10 manslaughter.
kT..1Taham--There MAS only CONVICTION OF man.
.saaosh.er there.
Mr.. Carlsle-Thst IA true. The charge of the
Judge 10 repo ted on the question OF provocaton and
% that question alone the facts Of The oase showed
thai there was scufie between the parties and
counsel could well comprehend how any Jury,
called TO pass ON the HE of that father, would do
As Jury mad done in the Of Jarboe, stand tip
Zoe 10 Ind reasonable doubt of the prisoners gUt
Counsel would never forget that case of Jassos
cod that case were relied on by the counsel the
other SIDE for precedent for throwing open the AeJ
society to every species OF violence, that slo.
hnoe set in motion by the natural feelings OF the
hart, they were mistaken For one, as an humble
nsmber OF this community, as one who expected his
benes TO rest this soil, and the bones Of
As children, and his chldrens children to rest in the
sane haoued soil he should depore that he had been
spsfed TO live TO see the day when such q doctrine
seend be proclaimed by the authority which resides
the jury box. But even ifthe Jarooe case estsb-
hshsd such evil precedent he had that confidence
the good and lawful men Of this community that he
~. Dot psneve That any precedent woud lesd asrsy
eJury or th;s county In the case Of Jarboe ii APP
pssred In eviience Gisi the prisoner and his young
sser. who had fallen into the sruls " 30 infamous
eeecer, when they were walking 10 the .lta. h,
EseAei met the deceased, ana that tae bro,ber -
m eivily and quietly, what DO Won meant
eooos my sister F' The acswer was brutal in
Ssmei and II further appeared that, on the instsr
@asath, The deceased had drawn from his pers,r
sceoed sespon, which fell at his feet Under these
scumstsnses the counsel appealed, snd rightly sp-
aed TO the Jury 10 give the prisoner the benefit of
ne aouo' IN reference 10 the deces,ed having drst