The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-17


eel the other side had said there was no dstnc,on in
law between slaves and freemen.
Mr. Carlisle-Oh, no. did not say that There are To-
cal laws, Of course, affecting slaves.
Mr. Phillips supposed that the gentleman had reference
then 10 moral principles He would take that 70 be the
case, and he would ask would there be distinction
difference Of feeling between the Of white man,
whose marital Ighs recognized by Law and by soce
ana those Of BLACK man. who has no marital rSnssr
its fallacy The counsel would ask would be the
condition OF the defence IT. after excluding the evidence Of
jury declare that the passion Of the prisoner which had
been proved, WAS fictitious and feigned not real
. %as Osss By po
VOCATION and that previous adultery was no legal pro-
vocation. ftf
Mr. Phillips held that II they had right 70 show the
passion they had right TO show the provoaon for that
passion exclude the possibility Of argument that
that passion was nctous not real Counsel referred 70
p ia section Io2 What aid they offer 70 prove this
casef systemased adultery carried on in the absence
ceased; that these facts we're made known 70 the pri
soner and that few moments before the homicide the
prisoner Under these facts, whatever calmness time
might have impaired to the heart Of the accused after his
first knowledge Of the ransaction they insisted that be-
fore the killing there new prov0catiou In the eyes
Of all reasonable 10 justify the commission Of the act
Counsel greved to that counsel for the prosecution
Inowedse Of the athessnsss Of his wife there Was no
cauee for his passion.
Mr. Carlisle only made that point In answer 10 the pies
prisoner 70 prevent the crime Of adultery.
Mr.. PhilpsThe argument was, that because the wife
ceased formed ground tor passion which would lead
justification.
Mr.. Carlisle discaimed any such idea, and hoped the
Court did not so understand him
The Judge said he had understood Mr. Carlisle did.
Mr. PhllipsHis Honor occupied position in this case
called upon TO make law in this case but to apply ths
anaoges Of the Law to the facts pre- sented In this
trsordinary case This sometimes occurred In criminal
caees, and il signaly occurred In the present; for
The point now discussed wss - far as he knew,
never discussed or adjudicatcd by any tribunal In this
the rules OF made os
the calculation Of the ruth9 And should these rules be
converted into for the suppression OF the
trnthf Before such principle was established il would
be necessary in the words OF Curran, "ThA language
Should die away in the hearts Of the people, and that hu
mapity should have no ear and liberty no tongue0 That
is the period and degradation when alone such doctrine
can be successfully maintained In court of justice
on this point there should be any doubt in the mind
be admitted or not that doubt ought to be resolved
in favor Of the application in this The oldest trial
On Tor any M analogy 10 n that
which tried before the Court Of the Areopagites
The Goddess OF Wisdom represented having presided
there and having cast her controlling ballot In favor OF
the accused aud from that day have had the beautu
type thus derived wherever civilization has spread that
justice tempered with mercy constitutes the rule which
there remarks he submitted the case.
Counsel for Mr. Scks sad the presentation Of the case
%
dence be received the counsel Of the prosecution that
be excluded because received the Court s bound as
matter or o. sw 70 decide tnsf goes for nothing the
mony shall be first received and the effect judged After
wards. He then stated the propositions which were
offered yesterday by the defence We. he said
offer these five propositions four grounds -
First making out justification in the Of Mr. Sckles
second as establishing the provocaon which led to the
preparation Of the act third illuminating the state Of
Mr. Sckes mind with regard TO insanity, or mind Of
unsoundness at the time Of the commission Of the act
the time of the ARRAY that the which induced him to
the commission Of the act the of the aduterous
intercourse m between Mr Key ana MIS- sckes In other
hands OF his Maker to carry out the Judgment against
adultery, which is denounced by the Court OF Heaven It
for the prosecution (Carlsie) had claimed had isun
dersood him. The counsel had entirely msconceived the
scope and effect OF his address
Mr.. Carls,e-Qute uninteptoually
Counsel for Mr. Sckesfn order TO sustain the prose-
cuion, the evidence is claimed mus. establish four
facs-Frst, that the defendant moved and seduced
second, that he killed the deceased feonousiy malicious
y and OF his malice aorethougbt third that the act was
against the peace and government Of the United states
fourth that at the time Of the act the
deceased in the peace Of God and the United Sates
AMI distinctly and confidently say the deceased was
neither in the peace Of God nor in that Of the United
States. We propose TO show that not invading
domain of proof We not offering facts or ev
dence which have not already been encroached upon by
testimony We are seeking 70 extend the line Of proof
already commenced: and It stops here we leave no
man, of the existence Of this very adultery
which we seek To establish by positive proof The
this and that they might get the benefit Of supposed
faure; in other words, the prosecution
a @ s ss a
10 stay orr progress The question whether the
can exclude the evidence We seek to adduce. We have
offered proof as 10 the friendly relations which existed
between the defendant and deceased and that Mr. Key
ayailed himself Of the friendly acts of the defendant We
have shown in the second place. that i'm mediaey before
nd nm tn tha nf tho ncain
criminal act, the defendant In q state
Of frenzy or mental unsoundness which for
In the third place have shown that at the very time
Of the act Mr.. Sckes declared what the maddenng
cause Of his conduct Fourth, that the deceased
stanty maze the defendants house the place of adul
ferrous assgnation up 10 the time of his death Fifth
that Mr. Key and Mrs Sckes only went the direc
ton Of the house where is charged they committed
adultery but that before the death Of Mr. Key they were
located outside the house, in the very act OF entering the
doors The simple question is, whether proof shall
take them beyond that door, and whether shall be per-
mted TO chow the jury the guilty correspondence be.
tween hem as 10 oave no doubt the point that
deceased and Mrs. 8. were pursuing q confirmed and
habtual adulterous intercourse In other words this
not attempt TO invade territory proof but
70 exhaust all their proof in regard 70 matter In which
they fairly exhausted their proof wasa rule Of that
where objection to be made line Of proof that objec
ton must be made in lme the Threshold s pass
He asked the Court whether the law countenanced such
experiment that evidently made by the prosecution
In this cases In the case Of witness who answers any
lowed TO object to answering further questions the same
point The prosecution had permitted the defence to sho
certain facts which did not essenate the main fact and
now would they ask this Court TO stufy itself by re-
strainng the proof on the point Of adueryS After having
allowed the defence 70 so 30 far, the prosecution
urge the doctrine that, unless the husband detect his
wife In the very Of shame he has rights against
the party who has deowered her body, and cannot
up the adultery % justification for his act. In
order to reduce the grade OF offence, Il Is
urged that the husband zee the oct Of shame with
his own eyes, otherwise he ,nd before the Court
and the world as one Of the highest criminals known 10 tho
law So long passion carried on secretly ana clan
destiney, 80 long would the husband according 10 this
doctrine be deprived Of all right against bis wifes
aduterer His Honor knew that In cases Of divorce
chain OF evidence which led the mind to tho Irresistible
conclusion OF adultery all that ID ever required
Counsel referred 10 Greenleaf sections Al and a.
proxmated facts, leading on to the denomination or es
abshmsnt Of guilt all that the law requires In cases
Of divorce Adultery is continuous fact and vnere
once shown 70 exist s presumed 10 overshadow ali sub.
sequent associations Of the parties great effort was
made here to excite prejudice against the ground taken by
the defence Now, Was hardly necessary for him TO 40
peat TO this Court to say that he had not laid down the
doctrine that any has right TO slay an aduterer in