The New York Herald Newspaper, April 10, 1859, Page 1

WHOLE NO. 8253. TEE WASHINGTON TRAGEDY. Trial of Danie! E. Sickles for Killing Philip Barton Key. ® Opening Speech of Counsel for the Defence. een anny Quotations from tie Scriptures and the Poets, THE PROGRAMME TO BE PURSUED, ae, &., te. SPECIAL REPORT TO THE HERALD. Wasume:ax, April 9, 1859. Nothing new occurred to-day in the Sickles ease, ‘The q ‘eounse) for the defence occapied the whole day, and did not get through with his argument when the Court ad- ourned, THE PROCEEDINGS BEFORE THE COURT. Wastuncrox, April 9, 1869. ‘The case for the defence opens this morning. It is ex: peeted that one of the connsel for the prisoner will con- gume the whole day iv the openiog address. His asso Gates would prefer brevity in the opening; they wish to reserve their plan of operations for the present—to say nothing of Mr. Key, except that immediately. codnected ‘wih the transaction, and to withhold comments on the Preeecution. There has been no atrempt to account for the dispurity betweem, the suo of, the bullet, feuracud fiom the body ond thé’ Bore of the Deringer found inthe street. Toe defence deny that the Deringer belovged to Mr. Sickles. No effort has beon made wo trace itto him, aud the defence will make tho most oft@his circumstance, aud claim that it belonged to ‘Mr. Key, and perhaps that the drat shot came from Mr, Key. As to the two keys found in the pocket of the de ceased, the idea is that they were thoec of the house int Fifteenth street, where the meetings took place, and if so, ‘that circumstance wili be put in evidence. Two letiers from Mr, Key to Mr. Sicklee—one indignant. ty denouncing the isinuation made with reapoct to his familiarity with Mrs. Sickles and the other accepting a subscquent invitation to dinner—will be offered in ovi- dence; if not admitted, counsel will make use of them be fore the jury. ‘Ihe pressure for admission becomes greater as the case Progresses. Meny are present from New York—among ‘@iem John Kelly, Sheriff; John Cochrane, M. C.; John Clancy, County Clerk; Capt. Dowliog and Owen W. Bren. map. Mr. Bagioli haa returned to New York. ” he Court opened at ten and a quarter o'clock. * “After some delay the prisoner was conducted into Court fad placed in the dock, whero he conferred with Mr. Brady, Mr. Stanton and Reyerdy Johnson. ‘Phe Jurors were'called and answered to their names. Counsel for Mr. Sickles proceeded to address the jury, amid the solemn silence and attention of the whole court. He said:— May it please the Court, and Gentlemen of the Jury— ‘This ts to me the time for solemn thoughts, and I rise to addrees you laboring under a severe stroggling of feel- ing. Iisa beautiful sentiment, better expreased in the Latin than in the translation, ‘amico: res opime pariunt adverse probant”—(prosperity is the parent of friends: ‘bad fortune is the fre in which they are tried). Friend- ship is the most sacred of all artificial, as distinguished from our natural attachments. It stands nearcst to those which by the hand of nature have been interwoven with the objects which sbe herself creates. On the altar of that relation I cast my present offering. It carries with it the vncotion of a warm heart. May it prove to bean efficacious tribute,in’ favor of my” élisnt, I have been the companion of his sunshino, aid -am now called here to participate in the gloom ‘of bis preeent afitiction, Trofble @ mysterious Visiter; it ceems to be the unshunable doom of man. It bas been well said that “‘althqugh’ afiliction Cometh not ground,” “man ts born unto trouble, as the sparks fly up- ward;” “behold, bappy is the man whom God correcteth; Aberefore deepice not thou the chastening of the Almighty; he msketh sorrow and ho bindeth up; he woundeth and his bands make whole; he shall deliver thee in six troubles—yea, in seven; there shall no evil touch thee.” A few wecks since the body of a haman being was found im the throes of death in one of the streets of your city. It proved to be the body of a confirmed and habitual adul- terer. On a day too sacred to be profaned by worldly toil—on which be was forbidden to moisten his brow with the sweat of honest !abor—on a day when he should have rieen above the grossness of his nature, and though on no other days he had sent his aspirations heavenward, he should on that day have allowed them to pass in that direction, wo find him besieging with the most evil in tentions that castle where for their security and repose the law had placed the wife and children of his neighbor. ‘That same great influence which has impressed the laws on allthe departments of creation—which ha: studded the heavens with their fires and ordained the boundary line between the day and the night—that eam» great in- fluence which stretches over the face of nature, ver- dures the green mantie and again supplants it for the less Peasing dress of winter—that same great inflaevce which bas designated the time for the dropping of the leaves ana the falling of the sparrows, is the will which guides and the hand which holds the rod with which In this life we are punished. As we pass from the proceed. jag in which we are here engaged, may we be permitted to repeat over, the result which I confi tently anticipate as a congratulation to this defendant for the severe ordeal through which be has passed. Had the decrased observed the solemn precept, ‘‘ Remember the Babbuth cay to keep it holy,” he might at this moment ave formed one of the living. Toe injured father and husband rushes on him in the moments of bis guilt, and ander the influence of a frenzy executes on hiaca judg- Ment which was ag justas it was summary. The @:ue ‘which you are here to decide is whetter this act renders ite author amenable to the laws of tho land. Ia the de- cision of that issue, gentlemen of the jury, you have a deep and solemn interest. You are hero to fix the price @ the marriage bed ; you are here to say in what estima ton that secred.couch is held by an honest and intolligent American jury, You are favored citizens ; you live in city which constitutes the city of our federal governmont; meity consecrated to liberty above all othere, but not to the iiperty of the libertine ; a city bearing the name of the Wortrious Washington, the father of his country, of whom it bas been emphatically and truly said, that he was the first in war, thediret in peace, and the first in the hearts of his countrymen. You may fecla pity, in reviewing this occur: rence, for the life that bas been taken; you may regret the necessity which constrained that event, but while you pity the dead, remember alse that you should extend commise- ration to the living. ‘That life, takon away as it was, may prove tobe your aud my cain.’ You know not how soon the ‘wife or deugtter of some one of you would have beea—in fact, you know not but she bad boen—rmarked by the same eyes that destroyed the marriage relations of this do fendant; you know not how roon the gardens of loveliness ‘Over which you now preside, had that Jife been spared ‘would have been called upon to supply their towers to satisfy the ineatiable appetite of the deceesed. An inter- forence with the marriage relations must etrike every re flecting mind as the greatest wrong that can bo committed ov ahuman being. it has been weil said that alfiction, sbame, poverty and captivity are preferable, and | do not kvow that Lcan express the sentiment more ably than io Feoting the lines whieh the great dramatist has placed in the mouth of the Moor on the supposed discovery of the inconstanry of his Destemona: ie y me with affliction; hy All Finen of sores, and shes teen’ me in poverty to the very Tiga Given fo :aptivity me and my utmost hopes: shoo id have ford in #9 ne part of my nou A drop ol pationes Bot (was!) to make me A Bxed Siore for the tf ne of xoorn Zo polnt his slow nnmoving finger nt— ty Yet ermid T hear that too; woll, very well: Hut there. where T have garner’t to my heart: Where ether | mvat Ivo, or bear no jite; The fountate from the which my ourreat rans, to of discarded thence! siorn for foul tonde nt somptexini 1 Pationce, thon wong and rove Hippel chertiaiay Ay, there, look grim as hell! Yon are here to decide whether the defender of the mar. rioge bed is a murderer—whother he is to bo put on the seine footing with the firnt murderer, and is to be present. ed in bis moral and legal aspects with the same hue of aggravation about him. Gentlemen, the murderer is a detestable charactor, and far bo it from me to defend him Dofore this or any other jury. Society cannot, {tought not to contein bim, " Celm, cold and caloulating, he suves his malice a8 tho miser saves his treasure--his bosom is the vault in which he deposits tage possorses no claim for hia consideration, nor doow sex interfere with bim in the exeontion of bis bloody purpose—in the very air he sees his weapon, avd it motions him the way ho selects nome object of innocence for hie vi chooees rome lonely spot for tho of bis horrid deed—in perpetration the drapery of tho nigitt, be wraps himee!f—at that hour when over half the world forth from the dust, neither does, wouble apring out of the SONDAY MOR of supplication, and entreat btp “hear mot my stays, way they wolk, for fear the tery stoper way prate of my whereabonts.” Ye hetwaen the ors which has pinsed tae defendant io hie present condition ang the art of @ ertar pel like that yonean trio any similarity it’ will be for you to lneti¢nte and perfect the comotrisoy; it fe fot tn my power. There are some other matters, gonélomon, to which Thal briefly allute, before I proceed to. thar diecharge of the important dnty which has) been cas upon me dy the ooncurrened of my darned Vex on the part of the defeuce,and the only regeet xperience in entering on the discharge of this duty is, that Tshall be called upon to “impose om you a heavier tax than uncer other circumetnces wool be reconciieabie with propriety. There are some features of th gentlemen, which are to be borne im mind by y time, In the firet place, a most extragrtinary ocerrrens tranepired in the empanneling of the very body whicb is oobstituted by | poarwelves, You lave heard the explanation the learned prosecutor in* account. ing for the courge he then pursnod when yor were compelicd to witness the spe » The Court bad no elternative but to administer the law. The objection was a matter entirely for the breast of the District Attorney himself. You were called upon to wit. ness the moving spectacle of the son of misfortune deing thrust from his rights for no other rearou than because he hod had the misfortune to be unfortunate.” Another for tre of this eaze you will remember. The learned counsel for the goveroment, in questioning one of the witnerses, asked him to describe what he saw at thetime of the ox currence which led to the death. You wilt remember that the witness to whom the question was put desired to epread before the Court and jury all be saw and beard, 6 learned counsel arose ant d 1. the wit. ness stating what was not responsive to the@uestion, an the gentleman made an admission, in the b: of Cou and jury, which seems, at al) events, unfo™ a far as the prosecution ie concerned. The learned counee! for government stated he put the question intending the wit. ness should discriminate between what be saw aud what he heard. You will remember the honest Judge-on tho bench 3 , all polit for eee Ui ree eS on moment of my e: wore, of severity, Dut of ki Ang, when 1 wisn is a4 the stand, 1 ae fh ‘i OW the quos- ons wre put, he muet tell the whole tratn, Court to sce that the witness was protected in stating all the knowledge that he bad obtained. Is there anything in this cave it should be tried in the way it has been? jury? Why cid the counsel for the prosecution examiae the witnesses ina particular way, so as to exclude from the jury particular facts which might, in the examination of the case, go in favor of the defendant? It must be for youto account for these extraordinary features in the prosecution. Another strong feature about the trial ie ‘the appearance of assistant counsel on the part of the prosecution. it will be for you to say how far this case justifies it. An other feature is the extraordinary character of the open- ing of the learned counsel, which was an eloquent produc- vion, reflecting credit on the miud from which it emanated, ana was stamped by a high order of ability; but it will be for youto ay, when you pass upon it in review, what degree of: consequence shall be given to it. You will notice bis extraordinary expressions, such as “the prisoner ‘coming to the carnival of biood”—‘a walk. ing. magazine,” ‘adding, mutilation to murder,” “as thovgh be bad a dagger in his band, ready to plurge it in his bosom.” But why did’ it not occur to the learned counsel to describe also the weapons: opera glass, and & white handkerchief—articles just as cer- tain of causing death to the adulterer as the weapons of the defendant causing death to him. Counsel then pro- ceeded to define the crime of murder, from the highest autboritics, and alzo drew the distinction between thatand enslaughter; the difference being tbat the one is com mitted with dehberation, with malice aforethought, and the other ic committed in'a state of heat, but tho heat of passion that ought to be, but is net, controlled, and with- out malice aforethought. He would show that passion which could not be controlled did not place a man within the pale of accountability te the criminal law. But the great question is, what was the state of defondant’s mind at the time he slew the men who had contaminated the purity of bis wife? Tt is perfectly immaterial how death was inflicteé—whether by ane or three shots; whethor the man was killed standing up or lying down. ‘The question is, what was the influence of the provocation on the mind of the man who slew him? What was the mental condi- tion of the defendant at the time he took the life of the deceased? After reading from legal authori- ties, the counsel added: you can ghd Q verdict against the husband who. elays him who violates his marriage bed, theh I address geatlemen who are different from what T suppose them to be. I have given you the definitions of the crimes of murder and manslaughter. It will be for you to say whether this cage comes within either of these detinitious, and is indi- cative of a criminal heart, If it be a crime for a husband to defend Lis humble family altar, and death is visited on him for defending it, then the higbest bonor which can be conferred on any man is to compel him to die such death. counsel then stated the foliowing positious, namely :— First, buman laws do not shield us from the enjoyment of human, ® a law is perfect, 3b ‘Bot con- wo ase properly considered together. Our legal system dogs not reach every caso. Tuere are certain wrongs which are not punished, and therefore the only law in sw0h events is that traced in the human botom by the floger of God—the law of human nature and instinct. When the law does not protect us, we are thrown on our inetincta, and haye the right to de- fend ourselves from wrong. Self preservation ig natare’s frat great law; and this he proceeded to illustrate. He meintained that, by the law of God, the adulterer is allowed to be slain. If he should know by the Bible that man has a natural right to protect his wife against coutemination, it is not in the power of human law to take away that right. In this district you have pro- vided no protection against adultery. The inevitable re- sult is, that you are thrown upon the Yew of self de fence to protect yourselves and youRowa. Do you not wish to safe against the housebreaker? How much more against the adulterer! The law tells you, when you have been disturbed in your repose at night, you may take the life of the burglar ; bat it still permits your house to be polluted by the tread of the aduiterer. The reason why society bes not provided against adultery is that it considers it right that every man should defend bimself against the adulterer, and that right is perfect under tbe Divine law. There ig nothing in thie doctrine that is revo lutionary or subversive of the peace and good order of s0- ciety. ‘There is po law in thie District which robs you of your domestic rights. As to the heinousness of the crime of aduitery, it is stamped on the act by God himself. Iv Was not necessary to justify man in killing the wilalterer that he ehould catch the offender in the act, but only that he should be go near the truth as to leave no doubt of his guilt. We regard this as a very important poiat. I say that if society has not protected you ja the chastity of your wives, it is proof conclusive that you have a natural Tight to protest them as much as you have to protest your own lives. It would be an outrage on decency t compare felony with adultery. We learn from the Bibie that oue of the most serious of crimes is that of adultery. Tt might be said that Sickles had a civil remedy against Key, if the latter had deflowered his wife, und that aitbough Key cowid proceeded against criminally, he might poasibly be pecuniarily recompensed. The wounds of what hus>and could be #teunched by dirty money from the pockets of him who bad defied his wife? If a man come iato your house against your will and lie on your bed, that is a tres- pass, and you can put bim out by force; and yet if he lies down by your wife and takes from her that which cannot be restored, according to the hypothetic position of the proeccution he is not entitled to any redregs at all. There are certain relations to which the law attaches the great est responsibilities, and which it invests with commensu rate powers; these are the relations of parent and child, busband and wife—the most hallowed and cherished, Tne attachment which connects brother with sister is that of connection between parent and child, and husband and wife, is not only love, but protection, The relation of husband and wile is founded on Divine law, and she baing the weaker veerel, it is his duty and right to defend hor; it is bis duty to protect her against frailty as much as against the violence of the robber. has been well said, ‘‘Frailty, thy name is womao.” A man who obiains the affections of another’s wife is as guilty as bim who deflowers her by ravishment. It is the busband’s duty to control her affections, and geo that they are not stolen from him by the act of the adulterer. It is 48 bigh an offence, thongh she consents, as if she were made a victim by positive violence. In Eogland, up to the thirteenth statute of Edward the First, adultery and fornication were common law offsncee; but they wore then traveferred t the cognizance of the spiritual courts. There is the declaration of the British Parliament that adultery is a deadly sin, to be ecclesiastically punished for the safety of the soul. "At the common law of Maryland, derived from Britain—and which now prevails in the Dis! trict of Columbia—aduitery is not an offence, There. fore a statute ig needed to make adultery an offence to be punished by the legal tribunals bere. Four States in the Union haye made adultery « punishable crimo—Massachusetts, Virginia, Ohio and Peousylvaaia To the first it is punished by imprisonment for two or three years: but this is inadeqaato, You, gentlemen, are sitting there to pronounce the estimate of in American jury on the valne of a hueband’s bed. This ts ‘the great priaciple of your verdict, and on this principle you wilt say whether you will strike terror into the hoart of the adultror, or whether you will ombolien him in his course, and seod him out to repeat bis crime, Ihe is told that the man wh» dares to take his life shall forfeit his own, you strike the deepest blow at the heart of morality ever given on this continent by an American jury. It is'@ weil ‘settied legal principle, that every man’s house is hie castje—pacred + himeelf ond family. The term castie ix the m of th law. It Coes not mean embattled walls, Ikisa figure t denoto that even the bumblest hut is as much a fortres for the protection of a man’s fanily asa fertress for de fensive purposes. If you invite a man te yaur house, and he lusts for your wife and daughter, he is a grant a tres. passer as though he- had entered against your will. You woul have a right t ejact him. If he en- hers with an impure heart, he abases your license. nie of the aggravated features of the caso Was that Mr. Key entered the abode of Mr. Sickles as a friend. 1 show that they stood almost as close as do th: huntan beings, the Siamese twins, fwho now sta nectee! by @ link which renders them indiesoluble. Tho hearts of these twomen have beaten almost againat eacr otoer, Jheir hearia seem to bave alternated in ther pul gations, te far as personal acquaintance was conceraet! When, therefore, Mr. Sickles invited Mr. Key toto "is house, and Mr Key aptered for the purpose of accom pliebing the downfall of hia wife, ho waa aa mucha tree paster ae it be entered it withont an invitation: dor wien & hosband invites a frtend t viat lia house, he in effet foyites him tw ke ‘) back ai) unciean- and notbing but the truth, and that it was the duty of the | cure conviction! Jove, because they come from the same relations; but tho | body of the wife ts th: | wife cannot consen’ | veer. The reOD property of t! or hoetand, aired ber own purity: and if she dors, he bas th ras | viebt oguiyet the adntierer as if he raviehod ber. Hy | qnoted from gecoud Wheeler's Crinmal Casoa, the People | ve. Ryo, saying where the wile’® own virtue does ot | keep offthe adulterer, let ber iwserpoae the fear ef her Dusband. He referred to other authorities in this counve- thon, ebowing that in defending bia wite the hnaband de. | fensh himeell. There were seven points be propose! to argue, namely :—As tohow far the government is houn? to Take ont the care againet the defendant, aod what amount of proof should gatiefy the jury; second, bow far the old rule of malice was presnmed to prevail av the present time in the atministration of ‘criminal justice, and how fer it is controtied by the funda~ mental presumption that every ove is supposed innocent * till proved guy: third, she bemousness of the crime, as declared by the Bible; Fourth, the reason or priaciple of the old rule ti paliiates the act commited by the hus- » the adultery; fifth, what was tbe ef- ich towered the offence to manslaugh- ter, atid made it equivalent or tantamount to an soaiial; sixth, how far the provocation of the deceased 10 the de- fendavt acted on or affected the defendant’s miad io shield bim from ait the jegal conseqnences: seventh, as to whether sufficient time had elapsed for his passion to cool, We, he raid, attack the theory of the prosecution. ™ case must be trace out by the prosecution, by provi, not by presumption, We eay thi old rule of law, thata killing was. esumptive evidence of matice, no longer belongs to the jaw. This on facta, ana not op presumption, that & must be condemned for an offence involving his iifo and hiberty. The jury ¢aneot convict unlese they covactentions- ly believe that the facts are embraced in the presumption. He understood the argument of the Diatrict At we de thatthe Jaw presumed when the mere act of ki: he ‘Was proved ogainst a man, that there was the mal eegitota jo his beart. That wns not the presumption of the law. For bimself, he would rather presume, where Bo motive was shown, that the killer was insane. On thjg point he referred to'a decision in the onse of the eple-vs. McCann, in Smith’s reports. It was tho duty of 2 rorecution to prove their cae. If they alleged that ihing Was mere wantonness they must prove it. They bod not done fo. Justice Brown, in the case re ferred to, ruled that the proving of malice or mo. tive wan primarily nec on the part of the ye The rule of presumotion originated in a ime when the irty of 2 felon reverted to the crown, the interest of the fovermment to pro- He contended that the sapity of the of- fender’s mind was tobe made out affirmatively hy the prosecution. He insisted that they could stand before the Jury this morning aud demand the acquittal of Mr. Sickles. and when it was Why were all but property holders excluded from the | There is enough, he said, im the case now to molt the heart that ip pot cut from the unwocgeable gnarled oak; for in the agony of bis mind, when the deed was done and he was relapsing into his insanity, in the midst of hie grief, he exclaimed, ‘(He has coiled, he has defiled bce ti That waa the dominant sentiment of his bosom. Twelve Indians, on whom the light or civilization never broke, would repel with tndignation the idea of convicting a mad I am informed that this extraordiuar: ‘on the testimony that is placed before you op the part of counsel was not assigned by act of the government, pod ‘this prosecution. The cardinal presumption of the law i* that every man is to be supposed innocent till proved guilty. Not eo, rays the prosecution; the Jaw must pre sume Mr. Sickles to be a murderer, because it ig proved he discharged bis pistol in the breast of bis victim. Was not the prosecution to prove that the prisoner was at the time in ound mind and memory? He held that they were. The utmost effect of such presumption was toprevent the prosecution being non-suited. The oath of a juror war ‘that he should a true deliverance make upon the evidence. Not 80, Faye the counsel for the government; the jury isto act on the presumption of law. Bat the oaths of a jury cou'd not be redeemed unless they could look their Maker in the free and say that every fact found in their verdict in poseeesion of the adulterer? For it appears he hadan | Was a fact firmly proved in the testimony of the case. He passed to the second question, which he proposed, namely, whether the rnle that the Jaw presumes malice from the mere fact of killing is now a part of the criminal jurigprndence of our country. In denial of that he re. ferred to volume xvii, of State Trials, page 0 Maw- gridge’s case; to one in Blackstone, page 802; and again in the case of McCann, volume ii. of Smith's Report, g¢8 65 and 66, in the State of New York: where the rich, Atiorney: proved nothing but the killing, tho Court would direct the acquittal of the prisoner. Was there anything proved in this case that quadrates with Biackstone’s definition of murder? Ho held that there was not, Inthe decision in McCann’s case it wae stated by the Judge that toconstitute the crime of mur- der the will must join with theact. In this case did the will join witb the act, or was Mr. Sickles, at the time of the homicide, such « mere creature of instinct, of impnise that he could not resiet, but was carried forward, like a Mere machine, to the consummation of that so-called tra- gedy? It may’be tragical to- shed human biood; but I will always maittain that there is no tragedy about slay ing the adulterer; bis crime takes away the chai race ter of the occurrence. The adulterer dies as justly as thofe men died who were executed within the Iimits “of tbe State of: Maryland yestarday. They were condemned by law. — Wiiat was their ollence / They hud sbed human biood. It was_no higher than the offence cf this deceased, for he turned.over the divine ition of marriage, created and reared by the hand of u Imighty. Coungel understood the-Tule to be that wi the prosecution proved the deck of a prisoner, ‘that declaration was held to be true till proved to be The declaration by the pri @ was thay Key. ed bie bed, and that under’ Ge intluence o” ‘that killed was pa sae ene: abown | or bad they thrown th ves on the jt that was the rearon of the act, it would put a speedy period, to this investigation to admit that that was the fact. Ysabmit, said he, that that is round law, aud that the fact is now proved in this case, that Philip Barton Key seduced the wife of Daniel E. Sickles, and that for that, tn transport of frenzy, Daniel E. Sickles sent bim to his long account. That is the way the case stands before this jury. We might, therefore, submit this case to the jury on the testimony as it now stands; for the rule is weil settied, that a declaration of a prisoner, when proved the prosecution, is beld true until the prosecution has shown, aleunde, that the declaration was false. That was the secret of our learned friend's ingenuity. Is Daniel E. Sickles to bo fitted and cut into a conviction of murder? Is it by cutting out this part of the truth, and that part of the truth, or is it ou the morality of this case that we stand in this court to await the action of this juryY How would you feel if the law could te a hankerchief on your eyes and compel you to render a verdict when your sense# or facalties are not convinced? ‘There is no Buch duty exacted from you on this occasion, The prosecution started in aslough. The defence is not bound to sbow the adultery, although it could place it before the jury tn its most dingusting details. We could show that not only was Key an adul- terer, but that he was the professed friend of Daniel . Sickles, apd that he deflowered the confidence of his own friend. His was a double crime. The treachery of a friend is bad enovgh, but when that perfidy reached the wife it became conbly damned. } believe in the maxim—de mortuisnil nisi bonum (Speak not of the dead except you mention them favor ably.) It is said that “tho evil that men do lives aftor them; the good is oft interred with their bones.” That saying is verified here; but it is not brought into this case tor the purpose of aspersing the memory of the deceased gratuitously. I would leave him where he slumbere; but as be is a fact in the case, and as his conduct is a fast in the caso, it is necessary that it should be reviewed, Tere is a duty here to be performed to the living, This brings me to ihe third question, which is, the heinousness of the crime of adultery, and how tne law esteeme it as 8 provocation and how it regards it in connection with an act caured by it. If I trespass too long on the patience of your Honor, or of the jury, hope I may be rebuked, for I have uo pride to gratify here. If T can accomplish the delivery of my friend, the measure of my gratitica- | tion will be not only full, but overrunning. If T havo ambition, it is net the incentive to my action on this occa- sion. J will coneider, first, the heinousnoss of adultery, as declared by tbe Bible, and second, as estimated by the common law. When the Almighty caused a deop slecp to fall upon Adam, aud took one of his ribs and from it made & woman, He brought her unto Adam:— And Adam, said, This ts now bone of my bones, and flesh ot ay flesh: she shall be called Woman, because she was talen ou refore shall.n man leave bis father and bis mother, aid shall cleave unto his wife: and they shall be one flesh. ‘The Saviour, when in the coasts of Judea, used almort the same language, when the Pharisees sought to tomyt him on the subject of divorcement ‘Wherefore they are no more twain, but one flesh, What, therefore, God hath jotned together, let not man put asunder. When Abraham went into Egypt on account of the fa- mine, Sarai, his wife, passed as his sister. He feared death on her account.’ The princes of Pharoah saw her | and commended her to Pharaoh, and she was taken into | his house. The Lord plagued Pharaoh and his house with exceeding great plagues:— ‘aoh called Abram, and said, What is this that thou “a into me! why didet thou not tell me that she was iby wife? ‘Why snidst thou, She is my slater? eo T might have taken her {ge fo wile; now, therefore, behol4 thy wife take her and go So when Abraham fofourned in Gerar Sarah passed a8 his sister, and Abimelech the king sent and took her; But God came to Abimelech in a dream by night, and seid to him, Behod, thou art but ® dead man, for the woman whica thon hast ta¥en: for she i# a man’s wife | But abimelech had pot come near her; and he said, Lord, | wit 'bou Flay also a righteous nation? Said he not unto me, She is my sister? and she, even ate ber. felt, said, Tle is my brother: Jn the thfegrity of my beat, and ipnocency of my hands, have I done this, 4nd Ged gold auto him in a dream. Yea, T know tbat thou didst this in the integrity of thy heart; for I also wit: held thee | from sinning agatnat ine: therefore muffered 1 thee mot to toucl er. er, Now, therefore, restore the man his wife; for he is a and be shall prey for thee, and, thon shalt live: and iCal atore her not. know thou that thou shalt all that are thine, The Seventh Commandment says:— Thou shalt not commit adultery. And the Tenth Commandment rays: — Thou shalt not covet thy neighbor's wife. So tn Leviticus, Chapter 20, verse 10, the punishmsnt for adultery iadeclared:— —” hogan And the man thet committeth adultery with “another ‘msn’ witeveven be tbat committerh saulecry With tne pelginer'® Ta, ihe Adulterer and the adulteress shall surely be pit to And again, in Deuteronomy, chapter 22, verse 22:-— lying with a@ woman married to anhos- Roth of then ? Conceding that rophe, thou re | surely die, thou, ard | die, both the man tha lay ‘Woman; #0 shalt thou put away evil Mogea died in tho Year 2563 of the world, 1,445 foars before the birth of Christ, “He was succeeded by Jotun. Joshua read to the peoplo on Mount Koala copy of tho law of Moses, written on tal affirmed by the peopie:— hp napiocnty x by dag ann Jor ad built an altar unto the Lord God of Inne i As Monca the servant of the Lord commanded tho whet oad « wopes, over which no man B8th ilfed ao any and wey offered thereon burnt offerings un% tbe Lord, DG HAE Fifiend peace ollerinyn nd he wole there upon the sy med @ Cony of the law of Deve, which he wrote in the presence of the ehidrea of Jerael, and all Israel, snd thetr elders, and efficere and their Jncgen, #tond +n this aide ‘he ark and on thet elt, before tho brieste the Levites. which bare the ark of the covenant of the Ferd, #n weil ihe otro gry ae be bat wae Dorn arsong therm: alfCfibemover spaitst mount Gerizin; avd iif of them over eusivst mount Ebal: ay Moves the pervant of tha Lard Jad ermmaneed Lefore, that they ehuuld views the people of arse’ And afterward be read all the words of the kaw, the blow. ines sect cureings, according to all that fa wriaen in the book ‘a ‘Vbere wae nct s word of aM) thet Mores commanded which Son" é nt betore a)! the eongrezavion of incadl, with the omen. one the ttle ones, and the strangers (hat were coo: *versant ancong them. ‘thet be might be emitten and die, The jury would recollect that at this time the Jewish government was theocratic, that i, God ruliog. They, contibued Fo until detween 1095 and 165 before Christ vnter Sant, the fret king When the Israelites besieged Rabbah, David tarried at Jerusalem, He there commited adultery with Buth Sheba, the wife of Uriah the Hittte, He directen Joab to place Uriah in the for 4 of the hottest bate before Rabbah, snd. then © from hiro. ‘This was done, an: Urish was kiMed. Bath Sheba had a ebiid, which was gtrvek sick by the Lord, end died. Nathan was sent to David, who reproved him in the parable of the * rich man with many flocks and Lerds, aud the poor man with his singe ewe lau Now, therefore, the sword shall never depart from thino Ronse; because thou ma twken the wile of T ah the Hite io bee ee co aa David repenting, Natbap raid: — ‘The Lard also bath put away thy sin; thon shalt not die. David wrote the fifty tirst Psalm on this. ‘The sacrifices of God are a broken spirit; a brokenand a con- trite heort, U, God, thou wilt not despise. Amon raviebed Tamar: And tt w » the soa of David, bad'n tvalaer: wire naive was Nery sabe the won oF D ‘sind Axamen was wor Eh504 hak Io fol ok for hia aber Hamar: for abe woea virgin: axd Amuon thought it hard tor anything to ber But amnon bad friend, whose name woa Jonadab, the son of Ebimeah, Davic’s brother: and Jouadad was a very subtle man, Ane be seit untoblo, why art thou, being the kint’s son. Py loan from day to day? wilt thon not tell mi Amnon ssid unto bim, J love Tamar, my brother sbealom’s sister. And Jove said unto him, Jay thee down on thy bed, and make thyself sek: and when thy father cometh to thee, s3y uno bim, T pray thee, let my sister ‘Tamer come and give'me me: dress the meat io my sight, that 1 may see , and ft and eatitat ber bend, 80 smnen Jay down, and mate bimeelf sick: and when the king was come to see him, Amnon said unto the king, I Pray thee, Jet ‘tomar my sister come, acd make me a couple fof saben 1 my aight that 1 may eabat ber band. “ len David seot bome to Tamar ae: a now to roller Amuon’s bouee, and dress hima meat®” ®° id ber Amnon's house; and £0 Tamor went to ber br he wen Jald down And ade tock flonr, and kneaded it, aad made cakes tn bis.sight, avd did bake the cakes An took'apan and poured them ont before tim; but he retused to ent. “And Awnou ea Have ont all men trom me: 9x6 they went oot evert man from him. 4nd Amion said unto Tamar. Bring the meat into the cromber, that) may eat of thine hend. "And Tamar took the ea which the hid made, and brought them into the cham- berto Amnon ber 3 n rhe bad besught them mnto dim to eat, he took pd said unto her, Osme. lie with me, my mixter. and she He vo euch thing ought tobe done: snd Y, whither'shall T eaves my shame to go? and 49 for p. thon Fholt be ax one of the tools in Israel, Now there- fore. T pray thee, spesk unto the king; for he will not with. hold me from thee. would not hearken nfo her voice; but, being Rowbeit, he stronper than she, forced ber, and Jay with her. Then Amnon baird ber exceedingly, so that the hatred wherewhb he bated ber was grester than the Jove wherewith he had loved her: and Amnon eaid nnto her, arise, hes And she sekt unto bim, there is no eause: this evil he wonld not hearkep uote her, called bis servant that ministered unto him, and ow this Woman out from me, and bolt the door after And she had a garment of divers colors upon her: for with such robes were the bing’s daughters that were virgins apparelied. Then ser vant brought ber out, and bolted the doer after her. And ‘emar put ashes on her head, and rent her garment of an ‘lors that waa or her, ard laid her hand on her had, fon brother said upto her, hath A thy m her r, hat fe? pnt bold now thy peace, mv sister: bo wrotber; regard not this thing. So Tamar remained deso- ber brother » bea'om's house ‘The pail, put m f hh But when King David heard of all these things, he Was, late rotl ‘Abralom zeed tor bad: for Absalom hated Amnon, becanse be forced his sister Tamar. rd it came to para, after two full p sbearers in Ban! Hozor, whch is Jom invited ail the King s sans, Se Abapjom came tothe Ming and said, Behold now, thy rer. spt bath sheen shearers: le the kin kervants go with thy servant. And the bing sukl to’ abealom, Nay my son, let ns not al ow yo. lest we be chargenble unto thee, And he pressed blm bev! eit he would rot go. but blewed bin = bas om, Toray thee, Jetme brother Am very vi And Abgal ~ aut ‘ is with wine; and when f aiynbto you, Suite Amnon: them Kit Nas fear hot; have not I Gemmarded yon! be courspecus ana be valiant. | 21d the perv: of Absalom did Amnon us Absalom bo@orrmended. Iben all the k: ‘Seon man gat bim up upon be mule and aren ay, 7 fata) — Ere ieen ted way, that tidings comets Davie. saving. atwalom ball y au ery "tone of em ia 5 Teta ed aa ben the arose, snd rare his garmen' ie oxrth, nud all Ho eetvaniaatood by with tele cleiber eee And Jonadab, the son of thimeab, David's brother, an- ssid, let not my lord suppore that they have slain men. the king's sone; for Amnon only is dend: for by the appointment of Absalom this hath bees determined trom Ba cnn eat ae serena hi eg Fv therefore let pot my lord the king take the thing to tbat all the king's sous are dead; for amon And the young man that kept ¢! wateh iiffed up his eyes and Toned, ane behok theet sass mueh people by the way of the bill side bebind bt ‘Ani Jopsdab said uxto the king, bebold, th ‘ comet on thy servant gald, #014 fy i ri ay bg Aol it came, top: soon as he had made an end sped hieg, that, bebold the hing’a sone came, and lived uy tee voica, ond wept; and the kiog also and all his servants wept very ere. Wit sbealom fled, and went to Talmal, the son of Arami- hud, king of Gethur, And David mourned for his son ney any. "35 Absalom fled, and went to Geebur, years, was there three the sou! of King David longed to go forth unto Abealom: for Ye was comforted concerning Amnon, eecing he waadead, ‘Tyo full years afterwards Absalom got Amnon into his power and ordered his servante to kill him. They did so, and Absalem fled to Geshor, where he was three years, and retnrned to Jernealem. He dwelt two full years ia Jere salem and saw not his father’s face. When the king called for him he came to him, and the king kissed Absalom. The fate of the teducer is bere shadowed forth; it ia the sime os that of the aduiterer. There is no cooling off alter such an offence. Talk about the cooling of the pro- vecation of defiling a man’s wife! A mere personal in- dignity can be ccoled over; but if Mr. Sickles 18 cool now, he |s more than human. J refer also in this connection to the case of Dinah, who was ravished by Shechem:— And Tineh the drughter of Leah, whieh al it ye Bier the rue he bare unto Jacob, echem the sof of Hamor the Hivite, ‘de country, saw her, he took ber, and lay with ner, ‘and debied or And the sons of Jacob came out of ths field when they heard {and ie men were grieved, and they ‘ware very” wrath, decatiae he bad wron in Larael in , {anger which thing ou wittoe done. wetice ber hd it eome to pasa on Ky, wi wore tbat two of the none of Jac, fet Bod Lave Dinan nbre: thren, fork each man bia +word, and came a aT enemenmiea aid tack 0 rd ea ‘And Jacob said to Simeon and Levi, Ye have troubled me, tomake me to sick among the inhabitanteof tis land. wen ona the Canaanite and ihe Ferizates: anc V being few it number, they shail eather themselves together againar me, ‘ And Taball be destroyed. T and my house, ner Ana slay mei mar atster as with a bar. ‘And they said, Should he deal with lot Malachi, the prophet, who lived four hundred and thirty years before Christ, m the delivery of the word of God, says:— And Twill come near to you to jndgme: swif: witnese mgntuet the nduitera, 2 emenh And T will be Under the New Testament dispensation, the Saviour on Joins the precept in these express terms:— And. bebold. one came and said nnt good thing shall I do. that 1 ty eel hears And he sold unto him, Why callest thou me good! there is good’ none good but one, that is, God: but if thor pone food ut one, that i a nt Wit enter into life, He saith unto hin, Which? Jewns said, Thon shalt do no mur ‘Thou shalt not commit ad M0 f DOL DOR Tales wine julters, Thou shalt not sieal, Fw ~ tare thy mother: and, Thou shalt love thy 1 man Faith upto hi hmm, All thy W rma nay 2 On hings have I kept Jesu wn im, If thou wilt be perfect, ‘and sell that thou hast, and give to the poor, and the e bean: and ectne and follow ine eerste eae rte young man heard (hat rrowin): for he bad great pesca ub plete And when he woe gone forth into the we: runpiog, #04 kneeled unto bim, and asked: bi what shall } do that) may inherft eternal jin Thos peg ert the commandmenta, donot hill, not peal, do not be tather and thy mother, ers Adultery In the heart is reprobated in the So the terete ‘epri ie rmon on Yo have heard thot it v seucenmaanal sae *- ‘was sald by them of old time, thou shalt But Tsey unio you, that whoscever looketh a ant just ater Her, buh commited afuliegy atte nee ae ete ‘he man who bas lusted for bis neighbor's wife has commitiod a sin calling for the justice of heaven just much os if bo had soiled her body; a0 that the policy of the Bible i# to arrest the crime in ite bud, and to make there came one im, Good Master, je do not lcommit adultery, false witness, honor thy | the very nursing of ap intention towards abother man's wife an ofenee in the sight of heaven. It is but a short step between the intention and the deod, and therefore to keop back the deed the law aims iteell’ at the motive to the deed. The aposties urged this precept. St. his Fpistlo to the Remans, chapter xiii., verses 8 says t Owe no man snything, but to Joveth avother hath Miaiiea the hayes Ne anotbers FOr he tha Thon For thi@, Thon shalt net commit adultes alt not Kill, Thou shalt not stent. ‘Thon eat not bear filer witnees, Thon ait BOL covet: and if thera be any other commandment, love thy welahber ee thyealt; u* "78% namely, Thou shalt Had Mr. Sickles any worse foe on earth than Philip Bartov Key? Had Key come to tim and sunk Lis stiletto a his bosom, be would bave been merciful to him. He wrays himeclf 1 the habiiiments of friendship, and onder at gOrD) KMpHOsing that he Js masked, commits the moat Giitul, ue Qt the same time tho most speaking of all of Yereel, o i fe written in the book of me of Mones, A crimes. These citations from »swered him, Nay, my brother, do wot force me: sarael: do not thou this | ta e AWAY is Rremter than the other that thou didst unto | spake vn'o his brother Amoon gts rears, that Abealom beside Ephraim: I beseech thee, and his 1 unto bim, Why should he thn, that be let Amnon and all the “ gentlemen of tho jury, the Bible show that female purity, in copnection with the marriage relation, ia an 1) Jeet in'érvine law of the greatest concern; that the @ tity of the femily altar must not be desecrated: that it is impiety to Heaven to violate it, and that it is piety Henyen to defend it, And this bri-gs me tothe second abpect of the que stion—the hepousness oj adultery at the common Jaw. It is strange that though adultery is twice forbidden @ decalogve, DO byman law bas caugat up ont the spirit of the Divine law. sop of that? Do you suppore that society means that adultery shel! go ur pupiehea? No; it throws you on the jaw or your beart—there is tbe repertory of your in- stiwets; go by them and you reflect the will of Heaven and when you execute them you execute the judgment of | Beaven. |f thet is vot tie reasoning of society, then 80- ciety bas not fuifilled its compacts with Daniel E. Sickles. Whst was bis compact with society? It was that he would give up fo much bis natoral liberty as soviety gave him back # consideration for the surrender of, be when he jomed socrty take bis wife beyond the protection of the law? fi1 he leave her ot the mercy of this confirmed adulterer? No, somety new that this thing would take care of itaelf, and it lef: Ue aculterer where the law ot God bee left him—to be the viet m of that judgment which is executed upon him by Heaven through man as its instrument. If you are going to proponnce the verdict that there is no other pro tection for your honies than ® nasty action for camages = growing Out of crimipal conversation between your wife and an adulterer, then, gentiemeo, your wivee Htve in a very perilous atmosphere. If tbat w all the protection that is over your houses, let the mfamy come and let the coins of the aduherer soothe your wounded feelings. Tost is a doctrine which does Ot prevail out of this District. aud it isa dostring which opght oot to prevail in this District. Tho liberty of this District, above all other vectious of the country, should be a model and an exemplar of liberty to all other parts of the country. The jus gladst, toe rigbtof the Sword. resides rOmewhere, ts it with Omoipovense, or is it confined to the bangs of the injared? Bot though the Jaw does not punih adu! as acrime, doos it not stay its vengeance when invok ‘spans the hasneaad who tures bis Own avenger? Cousrel then proceeded to copsi¢er the estimation in which adultery is helt aa @ nrevocation st the cominon law, and referred to Maddy’s case; vol. 1 Ventria, p. 198; vol. 2 Keble, p 829, ‘avd 10 T. Raymond's Reports, p. 212. Maddy’s case was occkled onder the atiepices of Chief Justice Hale, who was the greatest lawyer of his age, and whore great rule was “that jp the aommnistration of justice Tam entrusted for God, the king and the country.’? fle referres also to Maw- bridge’acave, vol 17 State Trials, p. 7: Carargro’a case, same volame, p. 79; Chetwynd’s case, vol 18 State Trinis, p 306; . Hawkins’ chap 31, ses 36; Foster's Crimmal Law, p. 298; vol. 1 Kasi’ & C , p. 234; vol 1 State Tria’s, p. 33; pages 4 avd 5 of Elmyn’s Preface, Wharton's American Criminal Law, pages 983 and 984, and Greenleaf on Evidence, vol. 8, sec, 1, p. 22. Counsel had also read the case which was tried in this very court ‘& year or two ago, the case of a brother inaicied for the murder of bis sister’s seducer, im whtch th. Judge told the jury that the stafus of the privoner’s mind was ® mat ter entirely for them—a charge which was the law and which was creditable to the humanity of the Court, anil in that cage the jury, within fifteen minntes after the cazo ‘was given to them, get the prisoner free. He referred to these texts for the purpose of sbowing that the greates: evocation & men can give aoother is to pol jute hig wife. Whom does ths adaiterer rob? He pots” a spurious issue into your family; he compels the offepring of your loins to mingle with bastards. > pute bis battards to mingle with your lawful chtidren, Is Lot that enough to macden any man’s brain who thinks vpon it? Saye Lord Hoit, ‘An adulterer is more than a Durglar, for he robs a man’s posterity.” Think, said the Conreel, of the District Attorney of this court prosecuting thieves.ard burglars, and thea going out of this court end compeling Heaven to turn its fase from bim in dis wetat the enormity of bis crimes; refusing to protect nicl EE Sickles’ house against the greatest malefactor | that walked the face of the earth, himself kveping the burglar out in order that the aduiterer might pred in, Why, the burglar could not compare for a moment in int OF aggravation with the heinousness of bis crime, ‘be question which I present to your minds is this:— Whether when aman receives provocation wuich excites ia him an amount of frenzy which he cannot control responsible for what he does under the influcu: frenzy? It is folly to punish » man for what help doing, if you concede that the trausport is sach that he capnot control it. You cannot make h'm crimivally responsible for what he does under the ixtlienco of that transport, To stab an adulterer was not to dtaw a ‘weapon within the mesning of the atatats of James! , though the adulterer had no weapon, because the statnte ‘war never meant for the protection of the aduiterer. Evalyn ‘says that when the Roman Empire became Christian—tnat 18, when it was eetabliebed on the principles of Him who apcke as vever man spake, and ‘who preached bumility and meekneas on earth, under the reign of Constantine, acultery was made acapital crime, and so continued til Jostinian’s time, and loogafier. Some are of opiuion that it Wes 0 eveu when the cmpire was beathen. But when a society becomes Chriatian then itis Christian to pucish adultery with death. This brovgit him to the fourth questiod, the resson of the rule as to kiiling an adulterer Or an adulterees beg manstaugbter. Is it confiaes to the @igcovery 1m tbe fact? Will nothing elze do? Is aot she man who discovers some eign after the gamission of gait by shis wife, corrobcrativg her statement, as much the victim | portant items in this prosecntion, We me | roeter of the ailments of the mind. PRICE TWO CENTS. mn to say, Dot thet Mp. Sickles labored under insanity in an establiehed mental permanent darwo, not that the condition of his mind at the time of the commissten of he act 1 question was anch ag wonld revier Nom weahg wn accountable, a8 much 2048 if the atate ee ae been produced by a mental disease. Tn other proporition we argue to this jury is this:—It te ‘bo maner LO a man becomed ineape: ia he tsane, that ie the ques- tin? Whetber it results from «isease of mind or body or provocation, it is perfect'y imovaterial, and the of accountability attach as much in the @ as in the otber. Disease jg a most iy! oua visiter. They ofentines saw & man taken i» a fit without any premonition, and that woe ths cha- A suddan transition will Cestroy the equilibrium of the body; and itis, pro- cisely the came with the inind—the reacvon is as s.r0ng jb the mind ae in the body. Uncer the old law the doc- trine of insanity was based on a narrow foundation. | fo referred to Hale, vol. It, pago 80, to sbow the. diffl- evlty of dcfiuing the causes of uesoundners of tae mind, They cenied that this case preaedts” an netance of ungovernable paseton. That implied a pasaion Ole proportions! to the provocation. He again referred to the case of Mawbridge tor iiluswations of peaprermenlo passion. This case might bp put to them by the prose- cution az one of urgovervadie rage on the part of Mr. fickles, and he bad wisbed to anticipate that he bad sbown to them that the highest provocation & man can have is the pollution of hie wife; and he bad read to the Jory the opivions of learned Jariats on the point of provo- cation. How bypocriticaY would it be to allow tbeman Who kills spother under the parsion evoked by contume- lovs language, to be put uron the footing of a man wha Killa the polutor of his wife; and yet the frat was held to be prevocation at common la¥, and diminished the killing from murder to mapsiaughter. The lish law on this sobject was a very uncertain one; it had fluctoated much. Counsel gave several references on this poiot—"het wynd’s core, Foster aud ore! Teey could concede om that 't of the defence life taken jo we or Lond the Influence of excitement not pr Fh an qvate provocation ia criminally taken. ‘how did tbat affict Mr, Sickles? He did pet act in cold bloed» “If he 010, he js more or lesz then human He koew whep he met Mr. Key on the afterpoon in question, that Mr. Key was at bis house to meko an assignation with nis wife; he kpew that Mr. Key had bired a house but blocks from his own monejon, where inthe indu of his deustlivers he- polluted’ the body of his. wife; ho knew that Mr. Key, by the aid of a -park, and @ Club Hovuee, end an opera glaze, could at-apy distance from bie cartle Roe teli whether it was aafe for bum to ap- proach. This thing was well considered. Mr. Koy hired this house ina partof the city where be knew no wit. neskex could come against bim; he hired it, as T under- stand, na part of your city popalated chiefly by biacks, supposing, from his legal knowledge, tnat facts which weye seen by them were not seen ab all’ Ho” ‘up6n perfect impunity for ins Affenve. He a@ai bim- Felt of that park wbich was between the Club Honge and }, and when it was pot safe to be sean he park, be wasto be found in this tg House, glass, into Mt the had Be Mr. Sickles’ mansion ry to which he could” gain access. at Jook ing from }ts windows by the aid of his opera the very, cebtre of Mc. Sickles’ family ciccig. weapons that Mr: Key ws af wluiterer required by him on the afvernoon of that fatal occurre: ‘wanted no Derringer to accomplish his end. there is no proof before you to show that Mr. self, wos unermed on that fatal atwrvoon One iteme on the part of the defence will be that be was a Tan who Was in the hatit of cerrying arms. .Tnere is po evidence to-show that he was uot armed that after- noon. He* was: provided no doubt with all that was nectssary’ to jprotect bis life in case of detection. At all events he was provided with all ap- piacere , pocket bandkerchief and bis ‘opera gisse—that were necessary to aid him in the pursuit of; biscadvligsona intention. Mr. Sickles knew that Mr. Key bad bired this house; he knew that he was, in the babit of carrying bis opera’ giuss end of availing Bimself of that park which stood between the Club Houg and his own mansion; be knew tbat be wos in the babys of retir- ing into that Club House when it was not safe for him be outside of it; be knew that he hadybeen seep about there copstantly for the purpose of getting up an Fs tion with his wife; be bad no kidwledge Mr. Key was coming there that afteruoon ho’saw him, or the pur- pore for which be wus thers. What, then, must have been the condition of bis. mind? Mr. Sickles did not invite Mr. Key to tbut vicinity; he did not know he was sony ‘that fatal afternoon; he saw him as téeresuit entirely of accident— but when his ¢yespecidentally fell upon bim heassociated bm at once with caper taney be previously knew, and in the transport which then excited be went furward to the cons! in of that ecene.” There will be more testimony on this point; but I state it bere in order that you may have some appreciation, of the tegtimony in regard to the motive or cause for the state of mipd in which, My kies must bave been gt that ume. Could Mr. 8 , “Upder these circometances, hsve acted in cold biooc? “Was it possible for nim, knowing what be koew in regard to Mr. Key, to look op him even accidentally and still preserve bis equa- imity. Weil, if he was excited, was ita case of passion unduly excitec? If be was ih a state of pe white heat was that tog great a staid of passion for a to be in who saw before him the barcened ana unrelenting so- ducer of his wife? Mr. Key yielded not to wun io Al ‘of page. on as he who surprises them in the act? Isa man to wait ubtil he can detect actaal coition before he j; Out if A his. Dena has peyer the right to stay the adulterer unt! he catebes him in coltion with bis wife he will never have the right atall. It. bas been said that the wren goes to it, and the small gilded dy does lecbery in our sigut, but that is the only inetanco of coition that occurs npder our eye.’ Now our position here is this— that to catch the aduiterer in the fact means to catch him to near the fect as that there is no doubt of his suilt. If you cavgbt tbe adulteror turning out of the same bed in which your wife was, would you not have a right to kill him? if you caught him coming out of the room where she wns in such a state as to indicate what he bad been doing, would you not have a right to kill him? ‘The question is this, not how you catch them, but are the parties guilty, and are vou gatiefied and cond ient of their guilt? No matter how the proof comes home, it is the pro- vocation that works on the human breast. ‘Whether tne fact actualiy tak«s place before the eyes of the hustand or he becomes satietied of it by irrefragibie proof, 1s perfect!y immateria!, The provocation is woat the law looks to. We therefore say that the rule reducivg the killlag to manslaughter is figuratively expressed. It ig bat saying that the man who kills another for adultery, if he does it when the proof strikes home, under the passion then excited and when it is uncontrotlable, incurs no higher than this nominal criminality at the common lav. The same great dramatist from whom I quoted this morn ing, makes the catiff Ingo inflame the Moor agaivst the enppesed but unreal infidelity. The Moor demands proof of her guilt, and Iago is made to say:— Would you, the supervisor, grosaly gape on? It 19 impossible you should see this, Were they as prime as goats, as hot ae monkeys, Asault ne wolves in pride, and fools ax gross As igrorarce made drunk. Hut yet, | say, 1 imputation and atong elreumstances— Which led directly to the door of wroth— Will pive you satisfaction, you may have it. ‘That is all that any busband can expect. The imputa. tiops and circumetauces leading 10 the door of truth; aad if he is never invested with right Ui he bas more than that, then the rigbt is denied to bim entirely. By tho law of England itis treason to defile the Queen consort or Queen regnant. We have no Queen here. We have a go vernment here except the government of families. But is ‘not the diadem of the family honor as dear and as costly as that which ever graced a monarch’s brow? Wuere is the mun who does not coutempiate the honor of his family as it flows from father to son with the same reverence and Attachment with which he would contemplate the hoaor of the crown as it is passed from the hanus of the incum bent to future succeesors? All of you know tho loyalty of an Englishman to his government. Ailegiance is never more stropgiy portrayed than it is in the loyalty of the English subject to the sovereign. If attachment like that can grow up between individuals and the government that grinds them down, how much strongor must be the attachment that grows up betwean the members of the same family! Le the some sanc tity which attaches to the nation’s Queen attach to the queen of every family altar. Sball one's lawful cbildren mix in Company with the liviog moou ments of his wife's inconstancy? Shall the offspring of avother man’s loins divide with one’s lawfal children their patrimony? Shall every door be swung open to the adulterer? As thrones and crowns do not go with us by birthright, let the wgis of the jaw extend itself around every family castle, Cuckhold! Who would live to have the word written on his back? What man is made of flint, that he tan walk in the presence of bis follow men and feel that some person was secretly smirk ing or smiling at him, be knew, if he did not enjoy, bis wife's inconstancy? What is the choice for the wounded husband in the moment of bis anger and despair? The choice is, to lay violent hands on bis own life and leave the course free to his wife’s seducer, or to lay those violent hands on the hfe of him who bas justly forfeited it. Remember that we were made inthe image of the Great Creator. was made to walk erect on the face of the earth, and when the immortal cou! was breathed into his nostrils he was invested with dignity of character; be was investet With the instincts to protect that digaity of character, apd be wastold in the same way in which bis internal senso tells bim that his God lives to defend that diguity, even to tho extent of hie Own or his neighbor's hfe. This brings me to the last consideration in connection with this subject, what was the effectof the rales which jowered or reduced such ® killing to mansiaugoter? It was to make it equivalent or tantamount to an acquittal, and I propore to show that the rule at the common law whieh mado such an act manélaughter was, in effect, de. claring that that was no offence, or 8o light an oflen 8 not to be worthy of punishment. Counsel argued that the extension of the form of punishment known at common law as the privilegium clericale, under which a hus. vavd convicted the homicide of an adulieror was marked with @ slight burning of the hand, and the ttatote law having provided no substitute for t, there is no course left but the complete acquittal of a person arraigned under such circumstances. He referred to vol. 4 Blackstone, page 364 (0375, and to Forter, page 288. This brought him to the sixth ques tion, how far the provocation furnished by the deceased to the defendant acted upon or aifected the defendant’s mind in reference to exonerating him from all legal con- sequences for or by reason of the killing in question; whether, while the influence of the provocation remained it did not render the defendant for the timo being insane; whether it did not operate such a state of mental unsound. ness as to relicve the defendant's alleged act of and from all criminality, supposing the act to have been immediately and directly prompted or oc. casioned by it. ‘In other words, whether the case is one of pardonable or excusable anvoundness of mind, or of wanton or ungovernable passion; whether the defendant, not beng to blame for the provocation, the frenzy or i18 resulta, can bo hoklen fora crime, this, is regarded ag one of the most im: an faring mpoment, I, was not while any suddem it was ouhim Vbut ie deflowered the wife of bia frend, He took a separate spacious house for the purpore of effecting his guilty purpese in security. Though be bas passed trom the scenes of the living, and though he teentitied to be kindiy remembered wheo he is remembered gra. thitonely, sti!) so far ag be forms a subject matter of this irquiry, his fanits are to beexposed in their prover hues aud with all their aggravatione, Had Mr. Sickles any bond in origioating bis own passion? If he had been ua- der the intivence of liquor; if he bed Orst provoked Mr. Key and beep then provoked by bim the case might etand aifferentiy. The provocation originated entirely with Mr. Key, because he defloweredfthe wife of his iriend and attempted to ‘keep bis guilt from the detection of his friend. Intention js the sou! of crime. It must be either a cool sedate intention, or @ passionate intention; but when the mind is in a state of frenzy it is capable of no passion, and human nature is divested of its immortal part; it goes forward as submissive to the impulees which set it on as though all its power was in its mere physical structure. Oa this point counsel coutended that Mr. Sickles, at tne moment of the occurrence, was laboring uoder such @ state of frenzy as deprived him of accountabilty for bis act. He quoted Lord Erekine as baviog established the insanity of Celusion on one or more subjecte—that 18, partial jotellec- tual mania, He divided mapia into two apecies—iutellec- twal apd moral—and argued tbat Mr. Sickles was acting under the influence of moral mania, He quoted Deane’s Medical Junspradence, pages 485 to 510. He devied and sporned the idea that Mr, Sickles’ miod was ia @ mere state of pari He must have been transported at once when be man who had #ronged him and knew that ho was round his bouge to ley his train of pollution to it. The proposition of the de . he sail, #as that if the provo- cation given by the deceased was of the aggravate! oba- racter conceded by the law, avd if, as the consequence of It, the defendant for the time being, and while under ita influence, was in tbe same state of ineotal unsoundaces as it the result of diseste, would exeuse his act or exoaerate bim from accountability, be is equally unaccountable un- der the circumstances of this case. The cardinal in- quiry war, was the deceased in the peace of God and of the United States when killed, and was Mr. Sickles moved and sadeced by the instigation of tha devil when he kilied him. That, said counsel, is the language of the inoictment. Remember that if you convict him uader this indictment, you have got to Hod that Satan set bim on, and that be did “not act under the ennobiing influences of bis nature, What an atrocious verdict that would be to declare on the oathe of a jury that when Philip Barton Key met his death be was in the peace of his God and {bis community, while the fact is that he was on tne mia- sion of an adulterer, and that Daniel E Sickles, the injured and outraged husband, when he siew bim under this provocation, instead of yielding two ipstiocts which be could not resist, was wmpted and get on by the devil. That is the fludmg which this prosecution asic you to record against the defendant, This ig no figurative languege, because unies® the devil set bim on, be com- mitted uo crime. If he was set on by the instincts with which bis Maker bad invested !:im, he’ yielded to the con- trol of the bighest of ali mfluences, and an influence which be could not resist. If he ba? no other crime to anawer for at the great Judgement Scat, his atonement would be light indeed, » The bour for adjourning having arrived, counsel here paused in his address, He will probably spoak for two hours more on Monday. The jury was placed in charge of two officers, with per- mission to take exercise on Sanday, The counsel for the defence suggested that they might be permitted to attend divine service, but the Judge thonght that as they would want to go to different churches, and would necessarily be brought in contact with many people, it would not be prudent to give them that privilege. The court at 3. P. M, adjourned Personal Intelligence. ARRIVAL: At the Brevoort Houre=His Excellency Minioter from. kpatn Seoretary of Spavish Legation: Forty ninth heginent; Lieut N. Uniacke, HB, M. mext Bifles: 8. Nordbe!mer, Toronto, Canada: U.S. Navy; Professor H. MoW harton, New Hay Ganpett, Lr. J. W. Korlaud, Wm. Parker, Kiel A. Bite Dr. and J. Borlsnd, Keston, Mans ; 'Dr, Westoott, aylvaria; Capt. J.N Palmer, U. 8. army; 8. J. Kellogg and S Robert, Cincinnati; F. A, Jencks, Providence, From Savannah, in the steamebi Bouth—1 Wieder and moter, Mra Mygets Nien Meee, Mion Woon . Cordes, F Krivte, hs % hand, Q Nortbouse, W Bigel sett. Jaa Carruthers, BW Bowyer, Jacob Cohen, 6 Wi ‘ ape, Mise Cooper, LT . . ny , J Cooper, M Stovi D kM Bondy, Lt Daven UBRKOS, Mrs8 Mise MreR Bateher, MF Srenrnes, Mra & Oniver nud two servants, D Culver, BJ Chamberisin, Mise J Griffen. Mme Gone, Jacod Fraublin, JR Gritin, H Maren, Geo Thompiom, ®t Gorton, JJ O'Reoke, WD Ludlow—65 cabin, and 60 fn the stsrage. From Osi in the bark L 1) Carver—Thoa Bothivich, A B Dennison, JH For Live 1, fa the eentnhiy Hes ‘Rev Mr Brants, ‘or Liverpool, in the steams! an} ir Brant HChampicn, G Holy oake and Indy. foweph yd Pare 1d two children Mra Young, Mre A Sellers, Mra Hind and Mies Sprinather oe Fes, a arman, TauteN Varet P Moora jeoran, lady, i. erence, P Deswne, Juet bt, WL Trowit, Kdward A Asbury, Reabow, Capt tne, TH Gongell, Dr Deyees, 0 Howe. Mr asbury, Vel Fer end child, Mr Powera, Mra M Shinn, T a Keeder, Ln a mg i and nw e&, HeKemp, § Cmear,! Staunton, T A ‘ Morrcetdy and child (or the Tinian army), Sra Ani wnke man, Mre Green, Jolm Marryat, Mra Marryait, and 170 seers pae—Total, 33,