Daily Kennebec journal., 1870-12-06

louHu, WHERE tHe prOVOcdtioh was Aihc thiS :
pulling the nose; such n case is cited in
Archebold, page Sl6-I will not take time
to read it-where a man pulled another mans
nose and he struck him down in his passion
that was determined to be but simply man
slaughter. Another in Russell upon Crimes,
where man riding along the highway on his
horse, another came out and whipped his
horse out of the path he sprang off and struck
him down; that was determined to be simple
manslaughter. Cases have been decided
where simple slap upon the check and the
Staying following it, and that was held to be
manslaughter.
Now, gentlemen, if it is but manslaughter
to strike down a man for slapping you in the
face, what ought it to be for striking down
man, who comes to yOnr own domcie, inside
your own home and there commits an act that
blasts your happiness for life, renders home a
hell, and the object of your affection an OBJ
ject of hatred, wrong that can never be
compensated, that cannot be wiped out?
Having shown you what the law was and
the mode Of administering it in the rigorous
days of the early history of written jurispru-
dence, | want to call your attention now to
the American law upon this subject
The first case to which | will call your at
tention is Ryan's case, reported in the note in
Archibald, vol. l, page sl3. The counsel
then read the citation.
NOW, IN tnat case, geEtleihSi, you see INC
long time that had elapsed, the time for killing
the man, running away, attempting to escape,
offering bribe, then after the criminal act
was alleged to have been convicted the jury
found verdict of mauslaughter; the court
instructed them that if they were satisfied
from the evidence that the respondent slew
him in the act, it was justfable homicide, in
defence, in self-defence. the assent of the wife
making no change as TO his rights.
The next case to which call your atten-
ton is reported in the same volume, page sl5,
the case of Smith tried recently in Philadel
pha for killing Carter Counsel then read
the citation.
There were two other cases which l had ln~
tended to cite; but the authorities | have
neglected to take with me--The case of Day
and Jarbeau, tried in the city of Washington.
He was charged with numbering the seducer
of his sister. The deceased had entered into
a promise of marriage with his sister, and had
violated it: he nevertheless polluted her per-
son and left her in that condition in which she
should only have been after marriage. This
brother, infuriated by the condu ct of the de-
ceased after first asking him what he in
tended about it and not getting satisfactory
answer, slew him on the spot. In that case
the Jury acquitted him.
The next case will cite to you, is that of
and there is a report in the note in Archibald,
Singleton and Mercer, who was tried in lS43
in the State of New Jersey. Counsel here
read from the case cited.
The next American case is that of Sicklos.
Vol. /, Pages lG and Is. The counsel here
read the citation.
Now, gentleman. l want to read to you
from the note of the following cases. After
reciting these and other cases, and one of
them I lost, as l already remarked. one of my
pages of reference, notes on which several
cases were referred to, see one of them. be-
fore me, case tried in France in 1919.
TCounsel here reads the case.
Now, gentleman, since these trials trans
pred, and since the note which | read to you
was written, other trials have taken place of
A similar character in American courts. First
there is the case OF Gen. Cole. During his
absence in the army, during the rebellion, his
wife was seduced by one Hiscock, and the
crime of adultery was committed. After
Coles return, living in Troy, N. y, his wife
confessed to him. Two days, | believe,
after, it had come to his knowledge, he went
from Troy to Albany. where Hiscock was a
member of the constitutional convention of
the State of New York, then in session; he
went to one public house and put up, and
went to another called Steinways hall; as he
entered he saw Hscock standing talking with
another man; he instantly drew his revolver
and shot him down. he was tried and ac-
quilted.
Next as prominent case, is that of McFar-
land, more recently tried. In that case,
where there was no positive evidence OF
adultery between Richardson and McFarland's
wife. there was evidence indicating that he had
alienated her affections from her husband; ;
they had separated, and she had refused to
live with him for long period of time,
don't remember how long, and in consequence
A. Of
legged that Mcfarland became gloomy; his
mind became disoraered; he made an attempt
to shoot Richardson, and wounded him but
failed to kill him; afterward, long time
afterward, he went into the office OF the New
York Tribune, took position behind the
desk, Richardson being in the habit OF coming
in there-being connected with ii; he took
position behind the desk, waiting the COM
ing Of Richardson; when he came in he shot
him and wounded him, from which wound he
died He was tried, long tedious trial, and
he, too, was acquitted.
Gentlemen, we have one case referred to Ivy
NV associate counsel, in this State, the case
of Mrs. Parker in Portland; she had become
convinced that there was an aduterous inter
couse carried on between her husband and
Mrs. Baker; she went and lay in wait for
them, went to public place, public prone
made, where she supposed they might be; she
Z 1Ounu tneUl slttHR upon Il peuCHi soiuE aiiieu
with revolver loaded and capped and when
she found them sitting upon that bench to-
gether. she drew her revolver and fired upon
Mrs. Barker and wounded her, not succeed
ing in killing her. In that case, Mrs. Parker
acted in frenzy resulting from Jealousy
She was tired, DIR. Harlow appeared as wit
ness upon the question of frenzy; the jury
acquitted her. and yet the court when mention
was made to the States counsel to send her
to the Insane Hospital under the law provid-
ing for it in cases for its acquittal for insanity
the court refused to sendher, remarking that
he saw no evidence to satisfy his mind of in
sanity this was his Honor Judge Goddard.
Now then, gentleman, we show to yoa a
line, an unbroken line of decisions in this
country of the same character, not only pre-
yious to the trial of Sickles when the note
was made read to you, that from the fore
going cases which were tried, that the senti-
ment of the civilized world justities the homi-
eide of the wanton destroyer of female char
acter and domestic happiness, and that the
sentiment will find practical expression in the
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