New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-04-14

hts CHp case, the wife could Ros % su""o ,--Ix.
pnd.r any becsuse enc was sne po'eSt
rir, Mr. Mscruser suggested that there rss -
! Mr. C.Ilis'4 eusserod u where there yere sevma
Judges there wss likely TO be dissent, bos no
bsppy 10 have but one Judge 10 this csse, IS TO-
could ~ 10 cissei,ibg opinion. Bat thu deeI 80
Vas also offered as pant VI the rS gef@, ana =.
Graham bad en- that poibt referred TO- ist Ofses9-
! M Carlisle read section loS from ths ~nset' 49,
Il Il laid dow thst he sdDissbihty OF matters csee
20 be res gss vas matter for the discretcs OF sos
Judge This then, matter which addressed hsr.
70 the sound discretion Of bis Honor. The only toS
tsst were laid ooEn BY Greeoe we're "a ~ Az -.
cot1u poraIsous with the matter, and mus. DC 80 90
uected With the ain facts as 10 illustrate Hs oisis
/ ter Wat xss all the evoeaco cohneote' WI. -
! subectl twas the test nony Of the hev D1 -
and Mr. Fratcs Mol IN. who saw the prisoner Oh s.0
evening of the 96th of February. There " - ssa-
fict bstween them 20 time: ooe haVihg soua
Mr.. Sckks come from his house soouI c0vSs
ard the other having seen him gouig rs1n -
Cspiiol home ARD about sua down, and Oct
ana Bridget Duffy the servant who testified to the
prsopeI ben the house At dinner tme asa aailes
the eyoripg. AT the end of the exirsoriaHy usss-
view between Mr. S,ckles snc bis wife, tbs rsn Sk~
BILE docun ept produced, and his honor WAS sskeo 70
ssy Iba; that psDer-not the communication mseo 70
him ia the Capitol, and which brought MIA asscM
despar-rot the oral declaration OF the wlie-oat uAS
paper without parallel in the history OF msn OF Se
man What sort Of res sesia wss tdst' IL wss
not cotemporaneous with the principal faot' "nA
| If it were, il Of such an extraordinary ns.1s
as, in bis Judgment, to require il TO Dc EXCUSES
Where then the tact 60 ccnrected with the pnn-
oip, fsct IS to Illustrate s Character Fit hsd besa
t,led by the prosecution for the purpose OF showing
the motive Of the prisoner, be would no. say vsss
vou q have been the argument made agspss is ac-
mission. Did thst paper tend 70 sho~ that sns
&C! committed neat day gas either lashasos zen
eide or manslaughteri He sub i.sed tha. 1t did
not Unless his Honor held to the doctrine ise
| down by the other Size. that no time was sad-
| Gent to cool down the mind Of q man usder suca
provocs,ion, and render hm observspt OF the laws
OF God snd man. il could not be admitted IN IN 81 isaN
II was for the Court 70 draw the hoe mere, asd sV
whether this deoarstou of the wife formed psrt OF tee
res se,f4 and was so connected with toe pnecipM
transaction 10 be eyideroe 10 reduce the grdds OF
the offense frcm murder to msnslaughter Oae psns
more end he would close his argument was tris
declaration evidence 20 show the prisoners inc snityt
! As his colleague the ct-Att)ruey, had SAC, the
question really vas was there insaIiy not wss Ioets
! cause enough TO produce insanity IL vas true sasA
! the great dramatist who was 40 great iaFefta
with hs brother GRAHAM bac spoken II mlnsterng 70
aupd dressed but he should like 70 see wnatexPere
| would declare that such declaration as thus woad
tend 10 produce ns4ny in all majority OF cases
| Il would depend upon tue moral aud iatelee'aA
| cor dton of he person. There were tFo oasses Of
| the community on whom he submitted It ~ould have
no such EFF ct. 0Ie csss, he ssld Is toat ooay o.
Lowry AID humble Who, with fear and trembling.
yak after the footsteps Of their ascended LORD; VINO
have listened to the preceps OF the blessed Gospel
! and Who with allthe mfrmtes Of hamap nature aoont
them With prayer and watching, seek a. least to Walk
in the path which the Cos has mark cd out foe the
| They are those who may truly quote that oeaanfui
passage from the Scriptures rected toe other days
! Blessed is the man whom the Lord chasteneth'-
they those who see Ia the aihcuons
| tust cone upop them here 10 the sever
irz Of Life that there is but one loes 10 the ioss
of children Tcounse here affected 70 tears even
IN sbame which 10 not the result OF oar own shame
'ulness-who zee ant feel in oil these things tho
haEd of tho Father, aud who hear his vo,S
through faith, saying to then, "My .oa.
this is not your abiding place bet.
| you aye but pr grim snd sojouiner as all your
fathers were; better suffer hereto have all your
suffering here will call you to plses where sorrow
never enters where all tears shall be wiped away irom
your eyes WI everything connected With yod son
| be pure and holy, love and peace la tne vigils
Of tho night the smitten heart OF the good man
"that eth small voice in his affection, his frat move
ment is into tho secrecy OF bts Closet and on has
his knees pour cut bis sapplcstiors TO him who alone
can bind up the broken heart Insanity Why, Sir,
rather is il the Frightening Of the mind, the quicken
ing Of the sight, which perces through all the gloomy
shadows Of tbs world. He the reward OF the good
| man. the comfort of the afflicted man, waiting for him.
That's cassthereis yet another class safe qan
safe from irsspity from such blow ss thst-tae ooa-
fru ed aduerer u open shameless prOg ate the NAN
nuItmed in brohels The mar bresthng oil hs life tao
atmc sphere Of adultery and seduction # there be suoh
tba, IL certainly safe from devastation oinssoty
bscsute hs fei pl 4ything has tnrned aud wounde
him. Nowto offer evidence Of the fac. OF the siutery
with the prisoners wife, the grou. 70 i1pnte ~
HIM insanity, necessarily opens inquiry OF the sort
have incicbted and shough In tnis case the COUNSEL
night for am putting suppositlfious case only
be wiling 10 90 INTO such question, 1t was net tue
option parties 10 60 not 10 60 into snoh urss.
But BE submitted that, the introduction OF sech tes
timoDy Re necessary 10 these Inquiries what soft q
moral dssectiug room would this Court be converted
intol II such declaration were admitted, the Csark
would have TO 60 further; far the presumption taus
raised would Ike ary other presumption have TO be
contested and rebulted by facts. Ito ha not ntsnded
TO tres pass 20 ong his Ilsnor and he submitted the
matter with al confidence hoping the Court voaid
extIuds from ia consideration any matter Skich it
| migL deem not pertinent 70 the argument
| The Court here took few minutes recess.
after reoess, the Judge delivered his decision. He
said;
Toe proposition that has been debated at consders-
bic length s to introduce the statement Of wife TO
her husbsnd for and on behalf OF the husband. II 10
ssd that the sper not offered to establish the facts
contained in it but as exciting cause or one OF tho
exciting causes for tina. fnenzed state ofmnd in whieh
it ia ssid he acted when the homie de took paos.
cannot see the distinction between evidence which goes
directly TO exorersts the husband by the proof Of
principal in criminal csuse, and evidence
which would tend 10 exonerste him by show
! ing that lie WAS net in condition to commit any
erne In either event the effect must be the sane
acqatta. The gesta are tia circumstances which
suITOano Il principe fact, which lie, in this case,
doubteoly the homicide. On this assumption Or prn-
cple was that che declaration OF the prs Jasr tnst
his bed Was dstiled, or 90 disBonOreo," vio-
lated -ior al three erpressons are testified to-was
] received From that has followed much OF the evil
deDce We have heard. do not nov intend 10 say fur
tber Whist are the res gesta Declarations OF wife or
husband Tor OK ainss each Other stand the
] footing though It testimony given
the stand. Suppose the wife Of the defendant vers
| in Court at This moment, could sac be pot upon
! the sLsndi Could she be heard Certainly not Her
testimony the statement sought TO be used SUCH
is evidence, ana would be In any proceeding eyience