Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-09

Consigned TO an ecclesiastical court and was made
punishable by ecclesiastical punishment The
common law Of Maryland did not provide for its
punishment Here he quoted from 5th Randolph
567. Five States have provided for its punishment
which he named, and he held that the punishmer /
provided was not adequate in either of these cases
This jury were to pronounce on the value Of the
husbands bed. IL finding for the prosecution
the judgment would be that there was no punish.
ment for adultery here. They would thus strike
the deepest blow at the cause of morals The
term castle in law, meant ones home not a
fortress In the literal sense but much fortress
for the security and repose of himself and family
as though a literal fortress. He who enters 1t in
the guise Of neighbor or friend and there lusts
for your wife or daughter is much trespasser
as though entering 1t against your will, and the
law rights you in dealing with him a trespasser
Key entered the house Of Sickles as his friend
He was thus as nearly connected with Sickles al
most as the Siamese twins
He held that If wife consented away her vr-
tue. the husband had the same right to defend il
as II against rayishment that " the adulterer can
not be repelled by the wife, he can be violently
rePelled by the husband, though the latter con-
sents.
Mr. Graham here read from the case of the Peo-
pie against Ryan, wherein he held that the Judge
left IL to the jury to decide whether the husbands
act Of killing, in similar case, was murder. man.
slaughter, or justfable hUmicide and mat though
the woman consented away her chastity, the hus-
bands right to punish the offence against himself
was as perfect as to defend il against his wife's
Iavishment He again reminded the jury that their
itatiOn on their own family rights
Mr.. G. then took up the present state Of the
American law with reference to homicide
Mr.. Graham proceeded to examine seven points
Of inquiry. enumerated by him: First. as to how
far the Government is bound to make out a case
against the defendant. 1t must be made out by
proof and not by presumption Juries cannot
convict on presumption, unless they believe the
facts brought out in those Prescriptions. No
prosecution is even allowed to go the jury upon
the mere fact of the killing Here to sustain his
point the speaker read from 2d Smiths Court Of
Appeals page 62 and IS, as laid down in the case
Of The People agt McKahan.
The opinion quoted from was that of Justice
Brown Also i'm the same connection to page 10
to show that the defence could stand before the
jury even now and demand a verdict Of acQuittal
Twelve Indians upon whom the light of cfvliza-
ton had never broken would recoil from convict
ing man under the circumstances in which this
when the light Of reason was gradually beginning
to steal over the mind Of this defendant, he ex-
claimed in the agony of his heart, she has defled
my bed y The sanity of the prisoners mind is
under all the conditions Of the crime to be made
out afirmatively on the part Of the prosecution
The law presumes from the killing that certain
state of facts exists but the jury not to make
Their verdict from these presumptions. The jury
are to go behind the presumption and ascertain IL
these facts exist
Was the rule Of malice now part of the criminal
jurisprudence Of our country Here the speaker
read from MOrdridge's case seventh statute trials
page 10, to explain tue origin of this rule; also
To this point from First Blac kstone, page 3s2
In New York. this rule had been completely ex-
ploded. If the District Attorney in his State were
to prove nothing but the killing, the court would
order the jury to acquit him instantly on the spot
Unless. said the speaker, the jury find the exist
ence Of the fact presumed, they must acquit Did
the will in this case accord with the act or was
Mr.. Sickles the mere instrument of his will.
The speaker would always contend that there
was no crime in the staying of the adultercr.
When the prosecution proves the declaration of
missioner. that il tFup nrOv
to be false Now the District Attorney proved
that the prisoner declared that the deceased had
polluted his wife. There was no evidence to
prove that he did not seduCe the wife of Daniel
f.. Sickles. and the spea ker contended that this
was SO, and that the prisoner in a moment of pas
sion slew him.
although they would put it before the jury in all
its disgusting details The treachery OF a friend
Is damned enough; hut when that injury touc hes
the wife of that friend, il Is dOuby damned.
The third question the Nervousness Of the
crime, as declared by the Bible, and as To how the
law esteemed the character Of the crime Of adul-
terry. Ii should be some recommendation to a case
which could rest its warrant and its justice the
good book.
Here the speaker quoted from a chapter of Gene
sis to the creation of Eve and the expression Of
the ghS d in SydinS her to Adam
he could not have more effectually done than
he did by dividing him from his wife Also the
speaker quoted the admonition OF the Savior in St
man put asnuder.'
The speaker continued TO quote from the Scrip
lures at various points to show how severe the
laws Of the Almighty Were against the man who
commits adultery, and 10 show that the fate of the
adulterer was long ago foreshadowed.
Reference was made to Ez 1875; Mat l9:l6:22
Lake ls::e1; Mark 1917 Mat. 5:27:2s Gen 2:23:2I
Mat. 1876; Gen 20:3:7 Ex. 2O:1il7; Levitt 2U:IU:a2
Deut. 22:9; Joshua 3O:}S; I'd Sam IL: I6 I'd Sam
IL: Gen 3i:1:7.
IT was but a short step between the intention
and the deed. Rom. 1879; James oil The adul-
tefer hateth bis neighbor Had Sickles a worse
foe than Key. Had Key come to him and sunk
his stiietto in his heart. he had been merciful TO
him. He came 10 him in the garb Of friendship,
and committed under that sacred social tie the
most heinOus and sneaking Of crimes. Those
citations from the Bible proved that female purity
not To be violated, and that 1t was pfety to
Heaven 10 defend il.
with other sin than that Of defending his wfe's
purity, he will 20 as well recommended as any
one can appear before the great tribunal. What
was the defendants compact with society 1t was
that he should give up so much Of his liberty as
society should render him back Ii there is no
other protection than 4 nasty action Of daInay es
the wives Of the people Were badly protected
indeed. Let this he so, and let the coins Of the
adulterer sOOthe their wo6nded feelings
The speaker defied the counsel To give the case
OF British jury not finding verdict OF acquittal
ia case OF the killing of an adulterer. Here the
speaker read from famous case. that Of Man
ming ;. To show that at the time when il was the
purpose to make the royal revenue the largest
there existed an instructive shame at burning the
hand OF the man who slew the adulterer Of his
wife. Also. from 18th state trials page 10 az To
the same point and ~ show that il was the great
est OF crimes To seduce man wife and had been
regarded through centuries. The adulterer's
act brings bastards into family and puts the of.
spring OF mans lOns on an equality with has
tards. The act Of the adultercr Injuries postrrity
Think Of the district Attorney coming into this
Court and hunting down petty criminals and
then going out and compelling even Heaven to
turn its face against him for the enornity of his
crimes, keeping the burglar out that the adulterer
might enter. ChetrOyied II State Trials, 3C6
He had shown by the Bible that the greatest of
crimes was that Of adultery. Foster. 295.
Reference was also made to East's Common
taries, to show that the provocation Of adultery
too great for human nature To bear In the rst
transport Of the passion discovering the evil
dence Of that adultery, and TO show that no jury
In i general verdict ever condemned 4 man for
standing in defence Of his wife It's folly TO pun
ish a man for doing what he cannot help doing.
The fourth question was as TO the reason Of and
the meaning Of the old rule that the husband who
discovers the adultery say either the adulerer
the adulteress. He may pick from them and
slay either.
III the husband waits till he catches the adulterers
i'm the fact, he will never have an opportunity to
defend his name from the infamy which attaches
10 this most horrible Of high crimes. The ques-
ton to be contemplated was whether the husband
Al - A..