The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-04-10


portart items in this prosecution We mean to sav no.
h NJ Scklss lahore under insanity In oT
an established mental permanent S,ise mt ina. the
condition Of his mind at the time Of the oommsssen a NE
act IN question such wond re,er ,esahy uI
accountable, much the state Of his misd hsi
been produced by meDt, disease. In other words, Ae
proposition argpe IBIS jury ths:-h mAsaef
hos man becomes iussne s be Dsan. that Ia the ques
tn2 Whether II results from disease OF mind or body
snfden provccatoo it - perfectly mmateai: and the
privileges OF accountability attach as much IN the
in the other. Disease s most
mysterious vster. They ofentines saw uan taken
II n fit whhon. any premonroD, and tnat vas Tho cha
racter Of the ailments OF the mind sudden transition
viii destroy the equilibrium Of the boiy and IL s pre-
cisely the with the mnd-'he reaction is sroug
IN tbe mind rs in the body Uncer the old as the doc
tire Of insanity basst on narrow foundssson 90
referred to bale, vol 1t psge 80, to show the diff
Guilty Of defining the causes Of uosoundness OF tao
mind. They oened that this case presents an
instance Of uneovernabe passion. Tha, implied passon
the case Of Da"bridRe Tor illustrations OF uogovernable
passion This case might be put to them by the prose-
skkes, ana he bad wished to anticipate that he hal
shown to them that the highest provoc ltion
have s the pollution of HE wife, and he bad read 70 the
jury opnons Of learned arsts on the pout Of provo
cation How hypocrtcal would II be TO sloR the
who kills spoher under the passion evoked by coutume
hons language, to be put the footing OF man who
kills the polntor Of his Wife, and yet the 6st held TO
be prevocation at common and diminished the killing
from murder TO mapsaughsr. The English law on this
subject very uncertain had luctnatsd much.
Counsel gave several references on tins pon'cnet wynds
care, Foster aud others Tpey could coocsde that
part Of the deiepce that life taken 10 cola blood under
the Influence OF exctement not proceeding apou an sde
qpate provocaon crimipaIy taken. But how did that
afi Mr. Sickles? He did act In cold blood II he
did, he is or less than human He koeE when he
met Mr. Key on the afternoon in question: that NJ Key
al bis house make assign wife, he
knew that Mr. Key had hired house but few blocks
from his own manson where in the indulgencs Of his
btsstiuess he polluted the body Of his wife, he knew
that Mr. Key, by the aid Of park, and Club
House, ano opera glass, could at any distance from
bis caste easily tell whether safe for hun TO sp
proach This thing well considered. Mr.. Key hired
this house in part Of the city where he knew no wit
nesses coulo come against him he hired IT, as under
stand, In part Of your city populated chiefly by blacs,
soppospg from his legal knowledge, tnat facts which
were seen by them not seen a. all Hs reasoned
uIon perfect impunty for bs offence. BE ssasd him
se Of that park which betEeen the CLUB House and
Mr. sickes mansion, and when not safe 70 be
in the park, he was to be found in this Club House,
to which he could gain access at all hours,
locking from s windows by the aid Of hs glass; into
ss Key s s%' sa
by him on the afternoon of that fa'al occurrences de
wanted no Derrineer 70 accomplish his end, though
there Is proof before you 10 show that Mr. KEY him.
self was uneImed on that fatal afternoon One or the
iems on the part Of The defence will be that be
evidence to show that he Lot armed tha. after
| noon. he was provided no doubt with all that
At all events he was provided with all ap-
plisnces-7his, pocket handkerchief and his opera
Of hissadnil,ous intention. Mr. sickes knew Mat Mr.
Key had hired this house; be knew that he in the
babit of carrying his opera glass and Of awaiting himself
OF that park which stood between the Club House and his
own nsosion be knew that he wps in the habit o rer
ing into that Club House when safe for him
be outside Of 1t; he knew that he ha seen about
there constantly for the purpose OF getting up assgna
tion with hs wife be bad no knowledge that Mr. Key
was coming there that afternoon he saw him. or the pur
pose for which he was there What, then, must have
/ been the condition Of his mind? Mr.. Sckes did
no. invite invite Mr.. Mr. Key TO ,D iba. vicinity hs did
afternoon; he him tbdresnt entirely Of accdsns
but when his accidentally fell upon HIM he associated
in the anrpot wi ich Was then excited be went s ward
to the concentration of that scene. There will be
testimony on this point but state here in order
you may have some appreciation Of the testimony
IN regard 70 the motive or cause Tor the state Of
coa %0eS n scss uas hsse 1ssn s
have acted in cold booa? Was IL possible for MIN,
knowing what be knew in regard TO Mr. Key, 70 look
uoD him even accide nta y and still preserve his equa
nmy. We'll, If be was excited. of passion
unduly exci,eos II be was ~ state Of perfectly white
heat that toq great siate OF passion for
IN who before HIM the hardened unrslenting SO
Queer Of his wiftf Mr. Key yielded temptation
on him That ne dedowered the vie OF bis frsnd He
took separate house for purpoee electng
his guilty purpose in security. Though be has passed
IRON the scenes OF the living and though he is sented
TO be kindly remembered when he is remembered gra
tnitousy st SO far as be forms subject of this
inquiry his faults to be exposed ia their proper
and with all their agra yations. Had Mr. scsles any
hand in originating his Own passons If he had been
der the influence Of qpor; If he had first provoked Mr..
Key and been then provoked by him the might
differently The provocaon originated entirely with Mr.
Key, because he defowered5the wife of his friend and
attempted to keep bis guilt from the detection of his
friend. Intention is the soul of must be either
| 2 cool sedate intention, or passionate intention;
| but when the mind Is in state Of frenzy
| Is capable Of no passion ard human nature is
| ovested of its immortal part; it goes forward as
submissive to the impulses which set though all
its power in its physical structure. GA this
point counsel contenied that r. Sckles moment
Of the occurrence, aborng uoder such O state Of
frenzy deprived him Of accountability for bis act He
quoted Lord Erskine bavog established insanity Of
deusion or more subects-,nat 49, partial pteec
| tua mania. He divided nsna into species-iutelec-
tua and nora-a1d argued that Mr. Slckles acting
under the influence of moral mania. He quoted Deanes
dane ztpr ua A..,.I
spnTned the idea that Mr. Sckes' mpd a mere state
ofpassior. He must have been anspoed when
be ssw the man wbo had 9'oBged hm and knew that he
was around his bouse 10 10y ms train Of pollution The
proposition OF the defence he sail that if the provo
cation given by the deceased o the aggravated cha
acer conceded by the law aud IT. the consequence Of
it, tbe defendant for the time being and while under
influence was IN The same state Of mental unsoundncss
The result OF dsese, would excuse his act
bm from Accountability, he is equally unaccountlble
der the circumstances OF this Tho cardinal in
qury was was the deceased in ,he peace Of God and
| Of the United States when killed, and was Mr.
sckles moved and sedoced by the nstgaou Of the devil
when he killed him That lpsel s the language of
the Indictment Remem If you convict him under
this Indictment have got ind that Satan set him on
and that be did not act under the ennobng influences Of
bis nature. What an atfocous verdict that would be
declare on the oaths OF jury that when Philip Barton
Key met his death be was the peace of his God and
this community while the fact is that he
sion Of an aduterer and that Daniel Sckes the injured
| and outraged husband, when he Slew him under this
te could not resist, was tempted and set on bv
the devil That is the finding which this prosecution ask
you record against the defendant. This guYaive
language, because devil set him on be com
mitted no crime If he set by the instincts with
which his Maker had invested him. he yielded the con-
troll Of the highest Of all Influences and influence which
lie could not resist If he ba other crime 70 answer
for at the great Judgement Seat his would be
| light indeed.
The hour for adjourniDg having arrived counsel here
paused in his address. he will probably speak for two
hours more on Monday.
The jury placed in charge Of two officers with per-
mission to take exercise on Sunday
The counsel for the defence suggested that they might
be permitted to attend divine service but the Judge
thought that as they would want to 20 to different
churches and would necessarily be brought In contact
with many people, would be prudent give them
that privilege.
The court 6. 31j P. NJ. adjourned.