New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-08-04

tives who were as closely allied "a husband ana
wife in any case In which either was party. ms
rule was agreed because OF public pohcy-the
basis Of civil society: but the common law ala not
then and docs not now. exclude any other re!d"'e
from giving testimony.
you will understand tho statutes nave iro'"
time 10 time altered the common law rules OF evil
dence; but even the common law always recognized
the necessity OF accepting the testimony OF wife
or husband IN cases OF personal violence
To illustrate the position token by wife against
husband Mr.. Hurnmel spoke Of the Edward HoVey
case He said: Ills wife was fun OF hatred
toward him and called as a witness Tor the
prosecution but was excluded on the oojecuon
OF the husbands counsel. The Judge In charging
the Jury alluded TO the fact thdt II was not lawiu
10 allow a wife to be n witness against her nus
band and also instructed the jury that the VIE
was competent n witness in her husbands be-
half and that being accessible 10 tho defendant
and his failure to call her was circumstance
which the Jury had right to consider In coming 10
a conclusion as the truth In the case mo court
Of Appeals held that this charge was correct
exposition OF the law and upheld the conviction
An OPPOSITE VIEW
II appears that an opposite ruling was mai" IT.
the trial OF Joseph Petmccky. who Was indicted
for the murder Of Pauline Frotzheim on June J.
1853. nj Auburn ~ Y In speaking OF tho case
Mr. Hummel said: THAT case was one 81 the moss
interesting from n romantic point Of view In tho
annals Of crime. Il WAS fun or Incidents OF '"'
Gaboriau characteristics. Tho husband Of the
murdered woman who was employed In neignoor-
ing factory had left his vito soon after noon on
the day OF the homicide engaged in her usual house
hold duties and on Ills return home. about I'VE
hours later ne found the house closed ana locked
excep, the blinds OF one window. which he opened
and through II climbed into the Kitchen 'h
the kitchen floor were spots 81 blood ana b'""ly
tracks leading from yhe bedroom. In tue a'Joln-
20 AttI
lying IN pool OF blood II was d!scot't'l 'hAt
the keys to the outer doors were gone, am a b'.h
book on tho Auburn Savings Bank. lolonsins 70
Martin Frozhem. a son OF the woman a ri''a.'
"Petmecky, tho defendant. had formerly l.sed ia
Froitzhelm's family. Il tween ana % 20, - nc ~,
next morning Petmecky appeared at a bank IN
Albany with the bank book OF Martin froiizheim.
saying that he came from Auburn and Vas going
to Philadelphia, and that he wanted to get money
on IT, for which purpose he then srnei 'iIlt
arrested shortly after Leaving ne BANK. eng WIN
hIs clothing bespattered with blood MAS taken 70
Auburn and lodge In Jail
called Mrs. Frozhe IN she urged hum TO eiors ,
with her. ard his refusal nssd her no I, sraes her
with a Ratchet. This was all related by MI HUM
mel 10 show the position taken by the Court a. 20
the competency OF The testimony OF the murderer 3
THE WIFE TESTIFIED.
ION the trial" he said. "the wife was called and
gave her testimony. 1t was case where the
wife's testimony was adverse TO tho husband sho
was not compelled disclose any confidential COM
munication passing between herself and her hus-
band during her marriage. md the Court held that
within that limitation she was competent witness
under section 7l5 OF Penal Code This In direct
antagonism TO the rule In Hoveys case.
The case OF the People W. Hovey vas cited by
the defendants counsel. but the Court In tayuga
County held that the Hoycy arose before tne
Penal Code took effect and had no bearing In its
determination In the case on trial Petmecky was
convicted and on appeal the Court. diamctrcally
opposite TO the decision Of the Hovcy case. decided
that the calling OF Peimecky's wife witness
against him legal. and the man was subse-
qucnuy hanged"
Having particular case in mind but speaking
OF the general subject. Mr.. Humme said: AS to
other relatives-brothers, sisters aunts ana
uncles-of course where they testify In favor or
the party accused there innumcrable instances
OF their evidence being weighed with drcacy by Il
jury. and defendant charged with crime who has
to resort to such testimony II always looked upon
with suspicion: Where relatives testify against A
person charged with crime the reverse is the case
"The old trite aphorism that blood IS thicker than
water Will assert Itself the witness stand
Notwithstanding conscience. fear OF God and the
penalty for perjury which paradcd before tho
witness: and lawyer who seeks successfully to
prove fact by other Witnesses attempt TO enter
what might Justly be called the onemy's camp Tor
ammunition TO fight his battle with
THE Henry case IL deep psychological study
OF intricacles which time alone will unrave As
at present constituted II is beyond the ken OF the
average student of criminolOgy account for the
strange conduct OF these two OF the
kindly character regarding the present delicate
position OF the good son. | much prefer not 10
comment further on the latest very peculiar exniD
ton OF brothery love-"