Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-04-18

to the act was alleged to be and proven to be
adultery. To show the fallacy Of this assertion
the speaker read case from "a Johns North Ca
rolna Reports. where the prisoner killed with
wooden nallet party who had committed aduI-
terry with his wife In this case, the deceased
was killed while following the prisoners wife un.
der strong exciting circumstances vet they we r,
not deemed sufficient provocation and the Grim,
was adjudged tn be murder
The Court in that case decided that althouyb tis
parties went of together for the apparent
Of committing adultery, and the prisoner he
lieviHg that they were gone for that purpose fol
lowed them and killed the adulterer, vet IN,
circumstances were not competent to afford lega
prOvocation.
The rule in Manning's case Is based not unon
the TACT 81 adultery, but upon certain state OF
mlnu eNlStln2 as moving cause to the killing
The law presumes that this state of passion exists
only AT certlln time and the party accused is no,
to he allowed the benefit of the presumption OF
such passion existing for longer time
The Massachusetts statutes quoted by the de-
fence, had nothing to do, he claimed with the
present case, they bearing only upon the fac,
whether adultery had been committed IL is not
proposed here to prove adultery. but TO show the
STATE 81 The prisoners mind, In reference to the
case OF the slave john it had no bearing here. il
being the case Of a slave. He understood Mr.
Phillips to say that this was not the law; and Mr.
Grdham 10 deny that il ought to be the law
Throughout this case Of the slave John, the most
general language is used by the Judge rs I'm all
cases Of person who has slain an adulterer
Mr.. Guild quoted from Archib bald, 2I3 under the
head of murder; also. pages 80 23I and 235
SHINE book, and from South Carolina Reports, %.
GlJ- In connection with this doctrine Of cooling
time. il is a well-recognised principle that this
time is a question Of law and'the Court must pass
upon this question Of cooling time. especially in
the form il takes now. when the snfIiriency oi
provocatiOn is urged. He quoted upon this poin;
from Archibald p. 235 There is a limit fixed by
the law where the passion ought to stop and if il
DOES not stop. il can he used an illustration OF
malice
Mr.. Ould here suspended his remarks to give
opportunity for the court to take some Official no.
tire Of the death Of Chancellor Bibb.
After an interval of some moments, Mr.. Ould
rose and stated that the members of tine bar had
already held meeting in respect to the death of
Judge Bibb. He would now move that in honor
To his memory the Court attend his funeral AZ
O'Clock tomorrow, and that in further respect to
the memory Of deceased that the court do now
adjourn. and that the adjournment and its object
he entered upon the minutes of the Court
Judge Crawford said the Court Lad heard with
deep regret the announcement in the public pa
pers of tue death Of Judge Bib. He had known
him very well personally during 4 considerable
portion of his public career. His reputation as
Chancellor OF the State Of kentuc XIV only enhanced
the estimation lac was held in for other public
vices.
Judge Crawford gave warm personal testimo-
mai To the anabiity Of character Of deceased and
concluded by reading the following resolutions
adopted at meeting of the bar
At meeting Of the members of the bar prac.
using in the supreme Court of the United States
ana the several Courts of the District Of Columbia
and the officers thereof, held in the CITY Hall on
the 10th instant. the honorable X ebert j. Walker
was called TO the Chair and John A Smith ESQ
was appointed Secretary. Ii was on motion
RSSoirrf. That this meeting has heard with deep
'grrt OF the death of the Hon. George NJ Bibb on
the 18th instant; that in view Of the eminent and
various Pablo services Of Ike deceased as Judge
Jurist. Il Senator in Congress and 4 Cabinet Min
iSrr-nf his professional ablity-and of the excel
lenCr IF his private character, this meeting deplorrs
his death ~ 4 great loss 10 his country.
R,SOIred. That in token Of their respect for the
memory of the deceased the members Of this
meeting viii attend his funeral from his late r-si-
dence. III Georgetown. Tomorrow afternoon. at 9
o'clock. and will wear the usual badge Of morn
ing for thirty days.
RoBT. ]. WALKER, Chairman
JNo. A. SMITH. Secretary.
The usual record was then ordered to he made
upon the journal. and the Court adjourned
Prior Ia the adjournment permission was grant
ed 10 the jury TO read religious books on the Sab
bath. One juror asked for the Bible and anoth,,
selected NewtOn's sermons