Year: 1859

passion wear the semblance of insanity The doc
trine had been laid down by Chief Justice Shaw OF
the Supreme Court of South Carolina and by the
| twelve Judges in England, that the defense of in
sanity must be proven to the satisfaction of the
| jury. 1t was not enough to make them think that
the man may have possibly been deranged but
they must be satisfied of the insanity just as much
| as OF any other fact in the case.


Mr.. Brady here asked the Court to look at its own
ruling in the case of Benz. 0ge, as bearing on the
point of insanity.


MIR. Carlisle was not very familiar with that case
and would leave it to be argued by the District At
torney. With reference to this matter there were
one or two other authorities to which he would ask
the attention of the Court when he could get the
books containing them from his office.


During the course of Mr.. Carlise's argument,
Judge Douglas, of Illinois, entered the court room
and taking seat near the witness stand, remained
qulet listener to the proceedings.


Here the jury took short recess


At the close of this short recess, Mr. Stanton ar
gued In favor of the granting the instructions asked
by the defense, saying the event under trial was
heys death by the hand of Sickles; the OCCASION
an adulterous intrigue between Kew and Sickles
wife: The law applicable to this case must depend
on the relations held by Key and Sickes at the time
OF the killing. The prosecution contended for one
theory and the defense another.


The act of Congress in force here designated two
grades of punishable homicide-murder and man.
slaughter.


Here he quoted from books to show the legal dis
tinction between murder and manslau ghter Life
might be taken here under circumstances that law
excused and justified No rule was laid down con-
cerning those circumstances. They were to be
judged each set of them by themselves Only tbua
could true rule of judgment in such cases be OBJ
tanned The case of justifable homicide, most fire.
cuently occurring, arises in self-defence That rule
proceeds from the principle of nature and that case
leaves protection in the individuals hands as his
natural right.


The second class of cases relates to property and
haoltation mans home is sacred, and the law
49,


the point of iustifying killing


Inc thlrd class OF cases was in she matter of mari
tai honor and rights. Offences of this nature, or
lnVaslons of these rights were of the most iagrant
character, the matrons honor and the virgins pu-
rlty pelng more lnestimable in the eve of the law
than the life property of anv man. The present
case belongs to this class. As the princinles unon
which this class of cases depends are those unon
which rest the foundations of the social system and
as they here involve the life of the prisoner thav
cannot be too carefully considered; and those nrin
clples have never come before judicial tribunal in
a form more impressive than now. Here in the
capitol OF the nation, the social and political metro
pollS Gl thlrty millions OF people, man of mature
age, the head OF family, member of learned
profession, and high officer of the government en-
trusted with the administration of the laws and who
lor years at this bar has demanded Judgment of fine
imprisonment and death against other men for Of
FENCES against the law has himself been slain in open
day. in public place, because taking ADVANTAGE of
lhe hospitality OF sojourner in this CITY, and being
received in his family, he debauched the wife of his
rlehd violated the hospitality of his host and dis
nonored his family. For that alone this act was done
news OF this event has gone the four quarters of
the globe, and the whole civilized world are now
watching with anxious eyes to see this cause de-
termlned upon the true principles of criminal
iaW-uPon PRINCIPLES permanent uniform and
umversal-in conformity with the principles of
truth and justice, the feelings of humanity and the
lndebe rights of mankind-upon principles that
snail secure upon the best and surest foundations
peace to the home and security of the family of
man. The instructions presented by the conns se
for the defendant bring to the view of the court
two consistant lines of defence-one, that the act
of the prisoner at the bar is justified by the law of
the land under the circumstance of its commits
sion; the other, that whether justified or not il is
free from legal responsibility by reason of the
state of the prisoners mind, on account of the
crime committed against him by the deceased


In both points of view, the relations of the de-
ceased and the prisoner at the bar each other at
the moment of the fatal act are to be obseryed
one, as a husband outraged, in his own view in his
home, his family, and his marital rights-the other
an adulerer an fdgrdnte decto and in this point of
view, regarding both parties while the counsel for
the prisoner at the bar insist that the act is justified
by the law, the counsel for the prosecution assert
that that act is destructive to the existence of socie
ty, and that the act demands the Judgment of death
against the prisoner fitting penalty. The de-
fence and the prosecution then both plant them
selves upon principles essential to the organization
".
principles is therefore here demanded in the outset
The civilization of mankind, the very existence of
civilized society depends not upon human life be-
cause man can live in savage state; but that cv-
Zalon and the existence of civilized society itself
depend upon the family relation This involves
the relation of husband and wife, parent and
child, brother and sister; but the first great link
IN the social chain, upon which all others de-
pend, IS the nuptial tie that unites husband and
wife. But the act of the aduterer breaks that tie
and breaks up the family. When man receives a
woman's hand in wedlock, he receives it with vow
that she will love, honor, serve and obey him. and
orsakng all Others will cleave to him only, asong
as she shall live; and this union, whether perform
ed by minister or by magistrate, is sealed by
the same injunction, "Those whom God has iOined
together, let no man put asunder" No matter
what may have been her character conduct be-
tore-no matter what may be his habits or walk in
life, by marriage the wife is sanctfed to the hus-
band. The security of home is the absolute right
OF all men, and it is of the utmost Importance that
it should be secured equally to all men, to the evil
as we'll as to the good If the domestic hanniness
of good man be destroyed by the adulterer. he
may have many sources of consolation; many ties
may still bind him to society; but bad man's home
may be ms all, and If that home be DESTROYED what
shall save him and others like him from desnair
1t is under God the blessing of the marriage inst
tuition that 1T wins men from their sins and binds
them by insensible degrees to their duties. And
the law by securing mans home, affords the strong
est lnducement for the performance of mans dtI-





your marriage and at mine, is no idle ceremony-
1t is the solemn warning of the law as to the sacred
relations which the wife holds to her husband that
hencefOrth no shall look upon her to lust after
her. 1t commands the adulterer to beware of dis
turbing their peace; it hallows the ome. Now the
injunction thus pronounced surely has some sane
ton but the penalty for the disobedience of that in
junction did not originate in human statutes. 1t
IS not to be found in any act of Congress; but it
was written in the heart of man in the garden of
Eden, where the first family was planted, when the
wife was formed from the rib taken from the hus-
bands side, and was pronounced bone of his bone
and flesh of his flesh. Now observe the con-
sequences to the family of the aduterer's
breach of that injunction. Every woman
who takes upon herself the marriage VOW,
means at the time faithfully to keep it-I believe
every woman. No wife yields herself to the ad-
uterers embrace until he has won her love from
her husband. BY that art the worst dishonor that
man can suffer is heaped upon him alone the wife
is bound to honor. She revots from her obedience
and serves her husband no longer, when her body
is surrendered to the adulterers use. And how
can the forsaken husband be cherished bv her who
leaves him to cleave to another-how can he be
cherished by her who longs for the hour of his
death-if as it too often happens, that death is
not FASTENED by the poisoned cup administered by
her own hand, or by the pistol or knife in the
hands of her paramour!


Mr.. S. then proceeded to draw beautiful sketch
of the delights of the family circle, and the endear
ing ties which connect the parent and child until
the shadow of the adulterer comes in to DESTROY
their hopes and blast their happiness. mothers
care is the chief blessing of the child and moth
er's honor its priceless inheritance. When the
aduterer enters the family, the child is deprived
one parent, perhaps of both. Death itself is mer
ciful compared with the pitiless cruelty of hin
whose lust stains the fair brow of childhood witt
the blush of shame at the thought of dishonoret
mother. The pride and glory of family is it
band of brothers and sisters. Sprung from tn,
same love, with the same blood coursing through
their veins, their hearts cemented in enduring
affection; and wide asunder may be the graves O
household, and varied may be their lot on earth
when lites rough ocean is passed, sooner or late
| they may rejoice, united family in heaven Blu
when the adulterer puts young wife aSunder from
her husband the child cut off from all kindred fel
lowship alone hencetorth must she journey through
life, bowed down with the load of a mothers shame
Nor does the evil stop there but it reaches upwards
to the aged and venerable parents of the wretcheG
husband and the ruined wife. Such are the results
OF the adulterer's act on the home-not on the
| home as delineated by the poets fancy, but the
home as known and recognized by the law, as it ex
lists in the household and belongs to the family o
every man. They show that the aduterer is the


foe of every social relation, the DESTROYER of every
social affection, the fatal enemy of the family, anc
| the desolator of the home. The crime belongs tC
the class known to the law mdIo IN Sc; it is evi
in itself, lraught with ruin to Others and destrue
tive to society. We see why it is that the
crime of adultery is one that admits of ransom
and no recompense. We perceive why it il
that in every book of the Old and New Testament i
is denounced-why, by every holy law giver, proph
| ct and saint it is condemned. We can understand
why it is twice forbidden in the Ten Commandments
and why Jehovah made it the right of every maj
to participate in the killing of the adulterer. H.
to be stoned to death, so that every man. woman
and child might have hand in the punishment O
the enemy of the family. And it was worthy O
notice in this connection, that there was distinction