The New York Herald Newspaper, April 24, 1859, Page 1

WHOLE NO. 8267. - SPORTING INTELLIGENCE, The Great Fight for the Champlombip of England—Heeaan’s Challenge to fom Sayers Accepted—How it ts Viewed by the English Fancy, Bo, a, x4 THE GREAT FIGHT FOR THE CHAMPIONSHIP. ‘Moo greut Ogbt for the championsoip of Eogland between the cotetante, Tom Sayres aad Bill Benjamin, which fwok place ov the bth inst., in the Loudon district, and which bas been looked for with parvioular anxiety by the ‘American Fancy,” on account of Heenan’s challengs to Qe victor, is pubiisbed io {ull in this week’a Clipper from Which we take tho following graphic account of the s*Fancy” aud the “bil: — THE CHaMPION’S PREVIOUS FIGHTS. Bayers, was firet backed in London from Peter Craw Jey’s, the Quoen’s Head and French Horn, Duke street, Bmbfeld, when bo emerged from the purlies of Kent fabtown, to measnre bis distance with Dav Collios— Pom Apring’® waiter, Prior to this «gitmte under- ng, however, buna fide brought op under the ane- ges of the metropolitan officials, be hed taken tba con eit out of Aby Crouch, in six rounds, 12 minates 28 Beconds, ut Greenhithe, on the 19th March, 1840. Huw Hittle differences with Master Collins were sett'ed ooty ip protracted mannor They signed articles for £25 o , June 22, 1853. Wine rounds @ tongbt in 27 minutes, when the magistracy placed a Weloon tho busy procesdings ; aud the belligerea’s mat again the same day at Rod Hill, where thirty-niae rounds Bueceeted, occupying one bour and fifty-two minutes, when it became as dark as Frebus, an? the fight was forthwith adjoorned, To set aside all difficulties in the way of progrers (which, of a verity, is the order of the dey at the current period), the struggle for pre-eminence Wes vigorously renewed at Cheoman’s Marshes, Long Resch, on the 2th of the following April, when Coline ‘was at length compelled to cry a “go.” His frat fgat, for £100 aside, was with Jack Grant, at Mildeaball, June 29, 1862, when sixty-four rouads were fought, and ia two Bours and fifty minutes Grant was obliged to succum). fom followed up this victory by gaining the upper band of Jack rtin, for £50 a aside, twenty- faree ronnds, fifty-five minutes, at Long Rewh, on Jan. 26,1858.’ The tide turned, however, oa the noxt Secasion he did battle, Ais antagoniet was Nat Langham: the stakes were ove buodred soveraigos a side, and they fought sixty-one rounds, ip 122 minutes, near Lakenbeach, Oot. 18,1853. Toen be speedily sot aside hia reverses, ana defeated Sims, et odis of 2to 1. Since that period Harry Peorron, of Nottingham, Aaron Jones, who is now ip America; Bill Perry, the Tipton Siasber; Tom Poidock and Bi!) Bepjam‘n, bis presentani former antagonist, have BN sufered unqualified defeat at his hands; and, as these deen murt sti!l be fresh in the minds of most of oar * readers, there {s but little use in recapitulating them ayers and Baiwge (more commonly Snow as Benjamin) fonght for £200, on the Sth of Jannery, 1868; but the affair enly lasted six’and a half minutes, while ‘three roands merely were fought. With regard to the present match Whe water was tpecially barred. It was originally made to come off on the 12th, but tue fixture was 1» by mutual consent, to the 6th invt. TBE PREPARATIONS OF THR CONTESTANTS. Bayers bas been arsiducutly exercising w promote Bealth m the bracing air of plone Welle and Hotting- @ean, udder the vigilant eyo of Tom Garrett. He is backed, ag before, from Owen Swift's, the Horse Shos, Trobborne street, Haymarket. Tom was born at Pimlic2, Bear Brighton, in Sos-+x, ip 1826; but never showed mach shead ip milling me:ters till the 19th of March, 1849, when be digplayes eo much determined courage aud bravery, toupled ‘with science also, that enlisted with him the sympathies of every sportsman im London About a month back, the romor was very current, indeed, that there would be no Gght at all; but this et Beomed to @se away, apd & current impression prevailed that the ‘@muntryman world wake a far better Aizht of it than be ‘was enabled to do op a previous occasion. Benjamin bad ‘wadergone a thorough course of training exercise, bav. mg heen calied upon to foot it daily m the care of the bold Bendigo, of Nottingham. He took uo bis quarters at Bas Lavgbem’s (who bas been arduously practised with bim) the day before the fixht, and was greeted cheertully ‘Dy many old friends, who likewiee epoke with confidence 8 to the result of the fray. On the day én question both Owen Swift's and Lavgham’s houses were crowded to exces, The raing o1da were 4 tol on Sayers; and it was Iaid as frcely at’bovbd these svortiog hosteiries as at that eat tarf emporium of the west end—Tattersa'l’s, at Byae Park corver. The last wager laid before the bet- tog reome broke up ip the afternoon was £40 to £10, with frequent off7s to go on, uotil the takern were shy. As the day «f baite drew owh, the exe tement amongst the metropolitan fancy became particularly intense. The ar- Tapgemente ar to the dxture on the Sth were entrustedjto Mr. J. Gideon, on the part of Sayers, and Nat Langham (who bas been paying fiving visite down into the country to put his man properly througa bie facings) on behalf of Benjamin. These, in toro, gained the assistance of a gen- leman utterly unconnected with the fancy, who was ma Bager-general in the pay department. Joe Phelps, of the Grapes, Little W nvmil street, selected as caterer ia the way of refrestiments, and his supply wus both abun- dant and excellent, TRE RUSH FOR THE CARS. An early start being determined oa, ® phalanx of sport- | ing cbaractere—maoy of patrician b'001—mustered at the Landon Bridge terminus ; and its toe of reapeotability, if Bot the numerical extent of the company congreg ud, eopjured up pleasant but fleeting remembrances of the days of yore—the past tense of the P. R. We cannot avoid thinking that were everything en régle on each par- Moular occasion, the attendants at all pugilistic tourna ments wou'd be both more influential and numerous, ‘That thie is a“ consummation most devoutly to be wished for’? must be patent to all ; aud the upright conduct of the embers of tho ring themselves can only secure such a gratifying result. N+l desperandum ought to be the motto of all who labor to enconroge and foster the national sport Of boxing. Tis a long Inne inteod that bas no turning, and let us bope that the ring may de resuscitate? and re Btored to all its former aod woll-deserved popularity wita She woil-wisbers of that flig woich has “ braved a thoa- Band years the battle and the breeze.’ Billy Duncan, the with a strong number of assistants, kept the in- Ber ring from all jotruria, and in this respect all wont merry as a marriage bell.” ‘The scene at London Briage”station was exciting in the extreme. From seven to elaht o’clock in the morniog nb yerpeenned of foot passengers had assembled ina myriad of groups and carriages, Hansom’s cabs and other vebicles ratid up to the termiaus io rapid succession, nd srt down their whtlom tenants. The bolting, at higher odds than on the precedivg evening, was Ofy to ten on Sayers, who was bated with enthusiastic cheers from the | @@nse crowd that thronged the entrance porta's of the Southeastern railway; two to one being laid on Travers, _ and two to ove aleoon Webb. ‘be other combatants be. | sides Sayers were all heartily welcomed by thelr respes- _ ive admirers, many of whom, there could be little doabt, had oniy congregated together to satisfy their curiosity ‘a8 to the covditio®or probabio reeult which would natu- | ratty accrue from the forthcoming conteat of the eventiul ny. abe specially appointed charges for travelling were fixed at such a high rate that the masses wero unable to “eome to time,” having doudtiess forgotven, in thoir | barry to escape from Bedtordshire at the matutinal hour Of six, to draw a check upon tho'r bankers to dolray the expenses a8 o carte blanche to witness as fine a day’s sport 8a the most zealous member of the fancy could, bj any ibility, hope or wis for, The serried ranks of spss. of the I , however, which remained outside the door the managing partics—Mossra Gideon aad iwdveed Sacarcn-t0 put on an additional train, after the patri- ‘ian abd sclect cargo had startod, at a lowor and more ns Commodating figure than was charged for conveyance in Uke premier chemin defer, Alter ® speety run throngh the county of Surry, and a quick flash by the bare hop ‘poles of the famed shire of Kent, the steam was shut off, and a stoppage effected im & pleasant grass enclosure, where the cargo disembarked, the stream of humans * wending their wa toy the neighboring scene of action. THE MEN BEFORE ENTERING THE RING. ‘Sayers iooked in the very prime of bealin; of command- ee jure, with visible muscular power of limb, over- ‘Nopped by a cast iron looking froatispicce; eyes as bright ‘and sparkling as whe glowiog orbs of the Laacaahire (Witches; and bis whole mould of form betokened the per- fection of robust health and constitutional developement. “He trained at Rottiogcean, near Brighton. Afver bus lit- ‘Me delay in making bis toilet, he entered the ring first, id a rose colored ’kerchief with white ground and Dar, accom; by hie seconds, Harry Brunton miled, ( ayglers pa » but, after @ seound oF two, became exovoding! (tive, and with a boavy blow with the left, woll Tet out the shoulder, ho aulokly and beiakly oa tho the trickled Son in- event—first blood—was decided of Benjamin amidst the hearty vociferations of in big rear, who soomed not a little astoaisned treme anxiety ho dieplaged to be at work in or form, Tom steadied himeeif, and t ed his distance, aod when be pad calgulated mis lF yme, be ¢ashed in a terrific bit with the lef mawloy, <n, 6 the biow descended with great force on ths chest, iy the effect of renérg Master Benjamin sprawling 09 bis back om the grees This was ampio retshation for Sayers, for it wea demded that this was 0 fair knovk down thus speedily demd od the spirited action of both mep ga70 promise of a much beter Sight thaa bad been witnessed from them om a previous occasiva, 0 wbich we bave before aitnded, Round 2— Immediately tbe combatants came forward 10 the eoratch, thoy went to work in rapid syle, Sagers, determived npon ‘levine bis opponent lead, merely con- tnved to draw out nia man, Some exchanges reeulted, ip which the facial regwn of both parties wes travellad over ip a rough aud ready style. In whe close, Beajamin clutched Sayers’s bead with the let bacd, and as fom was slipping round. be delivered bis right twice oa tov Cockney’s back, Hoth men then got scrambling to tne epes, aud bosh fel! on the bottom cord—3ayors upper- mont, Round 8—After a iiliie dodging, Sayers swung out bis left, but Bevjamin countered effectively. A retreat was neaien for a second or two, when Sayers daaned boldly in through the opposition poard, got Bevjamin’s bead oeatiy foto chancery. and fibhed away with a cclerity of move- ment which made Mener Wil wince unmerctfatly, aad the blood flowed freely from the nose. There wa: perate struggle between the pair, Sayers urying to tala big boid, and, of course, Bil endoavoring by means he enild possibiy adopt to extricate Bi from aveb an upwe'rome and dabgerous position, At leugih the round was brovgut w @ suddes termination by Booja min dropping close ay: the middie stake, and he thus avoided for the noace any further visitat‘o Round 4—Both adversaries came up biowing and puff: wg, apd tbe propa warch Benjamin had received on his frontispiece repdered bim ae puzaled as a dog in a fair. Tom, Seong hie onponent at fault, rusved to the fore with @m scbievour intent, and some heavy counter-hits were exobanged. Benjamin again led off, but was out of dis- tance. Savers got closer, and delivered both right and left ppon the jaw and lie old gore on the proboscis. Ben- jamin, pot relehing tas offhand mode of treatment, ronght timely aid by coming quietly to the sward on his netber end. Round 5—Mntua) good stopping at but Eayors seemed for a moment or two to fight anything but io a ‘arefal manner, He certainty bed an opesing twive, and tbrew the chances cowpietely away, to the astonishment of many an old vonnusseur io ring matters. A stirring semin¢er with Ken jamin’s right, however, occasioned him to show a little more cantion; and the worthy couple next turned their attepuon io n-Sghting, ‘Then followed some most determined investments on both sides, for they went at it ding-dong, rigut and left, until the crimson fluid streamed down the taoea of both candidates, ladoed, they fought eact other to @ stand-still, and Benjamin at Jength went to grass, in order to ayold any additional punishment. Both men were carried to their respective corners, evidently in want of the allotted period of rest before they renewed tne war. The friends of Benjamin cheered bim beartily as be was taken to hig corner; and it was general matter of observation that on this occasion he fougbt exceedipgiy well god collected. It may be men- tioned that when Henjamin visited his mother earth, ho certainly missed ap uppercut from ers’ right, which would bave proved a stinger bad a home, Round 6—Sayers immediately ied off with the left, as eoon as be faced his adversary. This intended one was very cleverly stopped, and to act cau- ously, and eyed hia man steadily, in order to dive into bis intentions as w future ———. At bee Sayers well home on im hie left, which and this was ly aucceeded by some fair coun- tel biting, which proved as equally effective on the part of one sive ag on the other. jamin thea eelf up,and made e vigorous onslaught, on Sayers’ ivories, and took planted yery cleverly skin elighuy from We lip, but scarcel; atom of blood tuly determined uot to be an flowed. Benjamin war ‘3 ed, and repeated the dose on the forehead doner could back from it. Tom hastily to stop that blud of game, and succeeded, in the close, clutcbing bis opponeni’s nob with the left, and adi tering a severe caxtigution with the right. Both appeared slower towards the end of the round, but the country- man’s features wore cousiderably more flushed than Say- ers’. In getting away, Bill slipped down. Round — Benjamin was anxious to spar, fora little wind, and kept up the out tighting as much ag he could do. Sayers depares | strong disposition to get to work this rouna, and thipking it high time todo so, he got his foot inside, stepped firmly with it, and offected an excoedingly heavy lef-handed imvesiweui on Bepjamin’s left » The force of the biow aide a terrible gash, and tbo stream of Mite flowed freely. Tbis was evidently an awkard hit for Be io, who was sorely troubled thereat. In addition to all this, aiso, Tum velivered his right, and that propped Ben’s nostrila ouce move, with anything but an agrecable effect. The oniy taugibh return Benjamin made was to bit bis adversary a ratilor on the ribs with the right, but Sayers wou'd uot stand the over for another, and stepped back gaily from wii danger. Shortly, however, Benjamin Planted iis lefs ouco more onthe chest. Tom felt it in- cumbent Ww avoid delay, and a trick-and-tie game, he shot out with his left on the mazzard, and Ben's bose agaiu spurted out with blood, and was heave. forth apy thing but of > Roman appearance. now brought the whole of bs energies to bear, andthe coupie went on bawiwg, iD weir way, quite as vigorously and determinedly as Lord Derby and the Bright party did after the foruuls ‘n respect to the new projoct of reform. The coutest was uianfully contested, but hi now evidently the worst of it, Sayers dashed ia a stun- ning left-bauder, and the blow opened the cat under. neath the left eye of yoor Bill ‘still further, and a fresh outlet of crimson aid was the natural result; it arted around, and it became evident that the countryman was fast sinking iu encrgy. He got slower and slower. snd most of is ex: which followed after thi: were truly of a wila and ineffective character. Unde: all these circumsiacces Sayers made up his mind t, force the Sguting, and again madegood his left on tho nasal organ, to the height of Benjamin’s discomfort. The was @ tusslo near the ro, to finish the round, which wis tue most terriflc of any in the f ght, and at opce setilea the question in the minds of all who updersiand prize riag matters, as to which would be aitimately bailed championship. As iL. eocentric Jerry Noon facetious) remarked, it was Chelsea College to a sentry box oa Seyers. The rouad wae conclu by Benjamin getting down (0 avoid a rojelition of the heavy bitting of ‘his op- ponent; and extrayszant odds were offered in vainjon the ving at the scratch, Benjamin's left por “ eet ee jota of vision had de- parted irom i ‘ors, in @ persevering manner, triod on his right, but sell short. He atil kopt close to his man, seemingly having a greater affection for him than ever the nearcr be wpproached victory. Sayers planted bis right on the probogcis, and the blow resounded again. Benjamin exbio.icd evident signs of distreas and extaus. tion, and truly eucugh bis weakened physical condition denoted that coming events were casting their shadows before. Down like & shot fell the countryman, while a sale played round Sayers’ mouth as he viewed his fallen foe, and waiked ca. 2; back to his own corner, Benja- ain ou the ground for a moment or two in an almost wngensiblo,siate, aud Lis seconds carried a heavy load back 10 their cormer, os Le was as nearly deaf to time as it was possible for or, usforiunate pugilist to be. Rownd 9—Wheu both came up there was a strong con- trast iu exch other's physiognomy. Benjamin’s presented a contour ubything Lut pleasing or picturesque. The left 0; bit presenicd not even a remote gli of light, and the gashes above and below the pupil of the eye wore painfully observable amidst the discoloration which was spreading rapidly atuund it. The nose, mouth and neck bad also been vouched » and showed undisguised marke of Master Tom's ‘iwork. Ben began to lead off, aithough he was .o that singularly bewildered state which is class.cally described by the poet laureate of the prige ring as “groggy.” As oven Father Mathow might anticipate, ander such mystified circumstances, there was ho steam power in the delivery, and the fated Benjamin, therefore, wo. oothuig by Lis motion. Anxious to bring the affair to a cles, Sayers advanced to the attack boldly, Bill's craniun, and made s slona shot with bis left upon wer adversary dropped instantly, much more abroad than he had boca + ‘Ail this “denoted “a foregone ay he was allowed to face bis |, Virtually epeaking, boon suf. & man Aciently tested. Round 10—A remarkably short round, as no sooner did | Sayers get within proper distance than he launched out ca force min was complitely knocked down. He was picked uj hopelessly be plee3, aad had to be carried to bis corner 4 heavy a8 a lump of load, and without the shadow of a chance of getting round sufficiently to turn the tide of vic- tory iv bis favor. “Tt was at this point that Jack Macdon ald, his second, very properly threw ‘up the sponge in to- ken of defeat, but alter resting a moment or two in his corner, Bexjatil, with the “rulling passion’? strangely ae & objected Tones ® Sudden veto being put on his endeavors, an van more of the ring to renew the conteat fa.) te (9 the middle Lek i and last—This rep of the leet, Sayers compel # blow, and bo therefore’ ahot “out his pry) Sree the raine fell on tho Ivorieg, and laid the countryman low for the last time. | On boing carried to his cornet, be ‘was £0 utterly exhausted and his ‘et #0 comploiel: prottrated thatthe s] was again thrown up asin post. avs mans vofoegs }, and plage wisely provented him rom attempting renew ‘battle, which lasted exact! 22 minutes. i if Wo have ev fully detatied the princtpal features of Contest that it is almost unnecessary for us to add mo by eer ake te myn sporting CommuL ity from one reat other Srmly believed be would, his Utle to the proud bas fought beter on many yesterday afternoon, is a most ar eri rhe: SEEEZSE3E i Feport above given; but, ig. at apy timo dedotent of tact, talent or successfully with such a hardy and customer Sayers, whove hitting ia uni known as sevore in the extrome. Benjamin, a8 wo have stated, was con. widerably punished, aud was completely chopfalien ihe tin on te ‘aoee aad Une at are fo bose, and the left be yr wo be slightly ag Pert “reward of meriv’” will be handed over to Sayers on Thursday week, 11th inst., at Owon Swift's, tho Horas Shoe, Tichhorno stroot, Haymarket, and doubtiess that woll known hosteiry will be extensively patronized on the | oggasion, more expecially ag that beadsome trophy, the the mouth-piece; the bones were | bout was an oxact | belt itself, wil) be once more confided to a custodiaa whose seem/Dgly indocinabdle prowess must, in the opiaion of many old 1 ing-goers, to an vltumate and lasting pos- session. Sayers has won "£1,8851m stakes, acd only lost £200, 16. cash he was compelled to trenafer to we Cam- brian excbeqoer in bis unsuccessful ight with Nat. Lavg- am. THE BENICIA BOY'S CHALLENGE TO THE CHAMPION OF ENGLAND AND His REPLY. In the Iast number of Bell's Lsfe in London, Heenan’s challenge to fight Tom. Sayers is pub- Mashed in full. Bell’s Life, m commentiog on i, says that Mr. Heenan will not bave to wait until after Seyers’ Gght with Bob. Brettle, as that is abye battle, not for the championship; but that if the Benicia Boy’s money is frst received, his challenge will take prececence, in point of time, to ail others, providiog that the unknown (who at preseut stands firet on the jist ‘witb bis challenge), does not proceed further wita nis de- In that ease Sayers will be reaty to fignt Hoecsa 81x months after bis Ogbt with Benjamin, which wok ~ Op the Sth inst. , the result of which ‘s agalo io javor of rs. A new London sporting paper—tho Penny Bell's Lafe—is very lively over Americaa pluck, and enters ivto the prospect of the forthcoming contest between Sayers and Heenan with great gusto, c'eariog ‘way the cobwebs that have somewhat mystified the minds of the fancy about the certainty of the American - Bd English champions ee. In alluding to the cham- fon’s previous engagements, be says:— Sayers acd Bretule Dave agreed to argue the point after their own pecnhar fashion on Tuesday, the 20th of fe. tember, in the London district, and the ooster in Cocksigne concedes a stake of £400 to £200, Tata fight, it should be dist-nctly understood, is not for the champion- abip,as Sayers meots the bardware Teprosentative a odds, hich the rules for conducting such leading pugilis- tic evcoupters docs not fanction as a substantia: claim. ‘With regard to this mateh it is clear Brettle is mach pleased with the task he has undertake bas aimed at bis highest fight in endeavoring to meet particular map, Log tovages ry hoy beads ol fpmap en will Li pes bet- ter fight then might generally imagined. meri- can in London saya that whichever ,way this battle ter- morpates it will assoredly “ clar the track’ for Heenan “the Bepicia Boy,” and give the latter a famous chance of hoistiog the “stars and steipes”’ of Yankeedom in triumph for the Evglish pugiiietic championship. Apropos of this, what a starting revolution in fistic matters would becaus- ed, not only tp Great Britain but throughout the world, at such a foreshadowed resalt ag tho holders of the ttle have hitherto been, since 1709, solely. of English, pian, or Israelite extraction, Sayers) backers mast posl- tively entertain the idea that, like ee Pius the Nintb, their man muet of necessity bo infallible. They not only venture into the fleld of action at odds of 2 to 1, but on the occasion of one of the wey. instalments good, their party acce; the sturdy Bi igham bero’s startling bet of two bundred sovereigns to tweaty pounds ‘that Sayers did not beat him within tho brief space of ten minutes! This wager was certainly reckoningthe matter up ina very spirited and confident manner, and reminded one of Tom’s shortened visitations with Simms ‘who now conducts the sparring school at Harry Orme’s Jane Shore, Shoreditch), and the first fight with Bill becca unsuccessful candidate our present writing. The second engagement of Sayers is presumed belt—the relieve Sayers of any troublesome fairly recovered himself from zome Shropshire youth, wi roughly and wilingly di to retrieve his lost laurels grr ar indited ere,” as the errs A sands of the old 2 beater ther scattered we item of match ovine A ments of Lge heart re wil, nevertheless, not ex) face @ foe who halls from On account of the numerous fights that the Champion Es of the affair with Heenan coming off within the next twolve months. Tho same authority sets the matter at rest:— ‘There is evidently a migconception on the matter by our American contemporaries, for Brettle can lay no claim ‘whatever to the champion’s belt, even should he succeed in defeating Sayers, this is in consequence of the latter Oighting the Warwickebire youth at odds, for no ope contencs for the championship but at even money, and tp ap amount not less than In to Beo- nau’s cartel of defiance, the under- Se — ir. Hxexan—In answer to your challenge in tho Clipper of tbe 18th inst. , I to inform you that I cannot Dow accept it, as you know I am matched with an Un avother challenge I must be clear of both; but should | be fortunate enough to win my three events, viz:—Bonja- min, the Unknown ond Brettle, I will be most happy to fight you for not jess than. £200 a side, (and bet you £500 or £1,000 I win,) and the champion’s belt, according to the rules of the London Prize Ritg. Tul these fights are settled, I cannot enter into any fresh matches, but in the event of anything transpiring that may upeet them, and 1 be a man clear of any matches, my banker and representative, Mr. Jobn Gideon, will pus himself in direct communication with the Pditor of the Clipper, aud it then possible we shall come to terms, a8 we should have all that cither of us require—a fair stand up tight for the | championship—a clear stage, and no favor, and ‘may the best man win.” Yours, respectfully, ‘TOM SAYERS, Kyaw Arms, Brighton, Here, again, ‘wo ‘this time it is on the part of Sayers. If he prove the con- queror both of Benjamin and the Unknown, he must either fight Heenan in six months after the first deposit is delivered to the stakeholder, or all pretensions to hold the belt any longer. Our readers may rest assured } that there is not one particle of bombast in this chal- lenge; but that the Benicia Boy alone craves a bona transaction and a straightforward match. When sucl | thing does come to pass we can safely Heenan will be most cord: welcomed in this country | by a whole troupe of well wiehers amonget the leaders of the pugilietic fraternity, whose pride it will certainly be to watch that he has full opportunity to display his merits in the “art of soif defence,’ with accompanying advan- tage of a clear stage to ‘‘perform” on. It will be our province to keep our readers acquainted with all future steps which may be taken .in to the Cong lierig contract between there herocs of Old and New Worid; and if they do fight, may succeag crown the effort, ant may the best man win! From the foregoing reply, Heenan’s friends draw the conclusion that the money and the Bnicia Boy have now to croes the Atlantic, There is no backing down. The chal- Jenge went forth, and the gallant Tom is ready to risk his pile on to hie banner, This match will, unques- onably, create more interest tban anything in the annals dmpton of Eagland, guarantee that man of business here sent ont $360 as the first deposit of the match. The Benicia Boy himself speaks very conti- dently of the result of his trial of scieace and muscle with | the English champion. | GREAT CANINE EXHIBITION. KERRIGAN’ HALL CROWDED TO WITNESS THE SPORTS—HARRY JENNINGS IN HIS OLORY, WITH AN OVERFLOWING TRRASURY—THE LOWER STRATA OF THE FANCY LN ECSTACTES. On Wednesday cvening the celebrated rat-catcher, dog fancier and general sport, Harry Jennings, bad a monster of a benefit at his sporting ballin White strect. In spite of the crude crust that envelopes the fighter and that fra- ternity of patrons that are ever mixed up in | asgociation with everything that is revolting in cruelty to men and animals, a pathotic appeal to to them in vain. Mr, Morrissey raised in Hoym’s theatre | the handsome sum of something close upon $1,800 for | widow Harrington last week, and, in proportion to place | and circumstances, Harry was on Wednesday evenin; | péovertionately fortunate. The widow bas lon her hue. | band, and Harry has lost the uso of his left hand from a pistol ball in atvem; to defend the weak from the strongin e “ muns.’? facts were enough to work | upou the fancy, and both buildings were crowded to sufo wie, Lgl pase woe rneapettdps Geog of the bey taken eve standing p! i ceiling had ite occupant, Besides the tickets wl throughout tne of 660 wore sold at the bar, in connection city, uy | witha consumption of * arf and arf,” and the other we another misunderstanding, but | England has on bis hands there has been some doubt of | - PRICE TWO CENTS. dogs in the hands im the exhibition, who ha! Drongbs them to uy: ‘all could bot be ac- commodate d, x to match bis favorite dogs were Ws ekers, nefit, and rewroed for their Kiodnor grateful bow from fatisded there wag A trot for a purse, by the proprictors, proved a very un’ entries came to the Frank Temple won THE TESTIMONY CLOSED. Arguments on the Law Points for the Prosecution, Eloquent Plea of Mr. Stanton for the Defence, Public Opinion in Washington as to the Result, &e., a, &e. SPECIAL REPORT TO THE HERALD. Wasmreroy, April 23, 1969. Tn epite of the tremendous yale prevailing, the court room was crowded at ten o’cloct, ag it was generally ex- pected the trial would close to day. The prosecution have Jost time during the last three days, and this morning the Court had to wait some time before the District Attorney appeared, ‘The witness o anxiously expected by the prosecution— ex-United States Senator Brodhead, of Pennsylyania— ‘was put on the stand, and it turnel out that he had really | nothing to say. “ The testimony is closed on botk eides,’’ was proclaimed by the Judge, to the infinite satisfiction of all concerned. | The prosecution, with great brevity, gave their opinions on the law applicable to the case,and at the close, Mr, ‘Stanton rose to reply for the defence, and made an elo- quent discourse threo hours long. Mr. Brady is to speak on Monday, when the District At- torney will briefly wind up the case, ‘The Judge’s instructions on the nw will be short, and the case will certainly go to the jury on Monday. ‘There are conflicting opinions as to the verdict. Some think it will be immediate, and others not, whilst not a Tew persist in the idea that the jury will disagree, PROCEEDINGS BEFORE THE COURT. Wasuuncron, April 28, 1869. Whether owing to the tempestuous condition of the ‘weather, or whether it be an indication that the interest ‘0 this protracted trial is subsiding, the pressure for admittance into the court room is by no means go great as | Gn the previous day. The general impression yesterday | Seemed to be that the trial would be concluded to-day, but | it is now thought that the argument on tho tmstructions | known, also with Bob Brettle, and before I can accep! | of the prize ring. By yesterday’s steamer, Heenan’s ; | stairs; be the person who I ‘ much excited; I asked him what was the matter. who? will be £0 spam Qut.as to prevent that consummation. Ex Senator Brodhead, who was attached as absent | witness, is in Court in the custody of the Marshal’s officers. Col. Wm. Schouler, of Boston, is also in attendance, having been telegraphed by the prosccution to come as a witness, ‘The Judge was in Oourt somewhat carMer than usnal, but the District Attorney did not arrive till half-past ten. Previous to his arrival Mr. Carlisle notified the Judge that Mr. Brodhead was inOourt, and explained the cause of his not baving been here before. Ho was subponaed to attend qn the 4th of April, and on the 4th he received a letter from the Deputy Marebal requiring his attendance here the same day. The ovidence being satis- | factory, the attachment was discharged. EXAMINATION OF EX-SENATOR BRODHEAD. Richard Brodhead, examined by Mr. Carlisle~I am ac- quainted with Mr. Sickies, though not intimately; I saw bim on the day of the homicide; I wag walking out and met iny friend Haldemar, of Harrisburg, and we walked wogether; we called at Judge Black’s to see him, and were shown tothe back parlor; we were seated but for a mo- ment or two when Mr. Sickles came in; after shaxing bands with him I introduced him to Mr. ar, who is editor of a Paper at Harrisburg; a fow ‘words between Mr. Sickles and Mr. Haidemar on the subject of Pennsylvania politics, but very few; which commenced the conversation I cannot tell; I called Mr. Sickles’ attention to some mud on his boots, and remarked tbat he was unfortunate in crossing the street; he said ho was and would take it off, and he stepped out to do so; Mr. Haldemar observed after he left the room —~ Mr. Brady—No, leave that out, Witness—He returned in a very short time, but had mrarealy ake his seat when I heard footstepe on the ly arose and stepped eut as if to meet thought was Judge Biack; he was out some time; in a minnte or two Judge Black came in very Mr. Brady—Asked ‘Witnese—Judge Black. Mr, Brady—Was Mr. Sickles present? Mi Brad: ban nothing about it. Mr. v—" say 5 ‘Witness—Mr. Sickles was oat some time; where he way Ido pot know; after a while he came into the back par- Jor from the front ‘lor; Mr. Haldemar and myself ste] up to him, Mr. Haldemar acting as spokesman; weelug without friends Mr. Baldemar tendered him our services to with him to the jstrate's; be thanked us; I asked if it was a bailable ; he said he did not know, but that if all the facta were known it would be; be then added, “For God knows I would be justified,” or, “I could pot help it;” which was the pre- | cige expression he used I cannot now remember; by this | time Mr, Gillette came in, and I think Mr. Butterworth | Mr, Sickles them mi their pockets, by “one of them’ in need, ig never made | ) non-attendance in obedience to is, “ Vera Cruz,” “Tom and Jerry,” and that | concoction: | exciting fluid known as eau de vie, x Seow ‘the mark in 8, as burnt sugar and aicol : Thi ave | bia “ bumper.” y We #, varying in weight from five to twent; 4 them with the boat y created of the sport: ail 5 Om. %8 10 s 6e@ » a 0 © ee ie ae ur 10 3 8 By ur Jo & 0 Wy iar 16 4 0 3 a4 to ’ 0 @ 4 9 3 0 % . ‘no time. 2 o 3% Stiner’s Dick was very clone. resulting in favor of the former pag oh Bushman tabins pucates England. So much Seaham vctmtart with the “friendly shakes’” for bull terriers did not take Harry a up to one great dog kennel, and the noise of their yelling was perfyetly dealgning. There 39 bub Wore wb loam ong Buadred | note of adultry, wbtok said also; some one asked #! Mr. Key was dead; Mr. But- terworth answered “Yes;”’ I do pot know who asked that; something about there being “one wretch less in the world,’ and seemed considerably excited; the carriage having sent for, and his New York friends having arrived, Mr. Sickles left Judge Plack’s, and Mr, Haldomar and Myself remained; that is the last [ saw of Dr. I believe I have atated all the facts that now mind. Mr. Carlisle to Mr, Brady—He ia your witness, gon- tlemen. Mr. Bredy—I bave nothing to ask, str. ‘The witness made an expianation to the Judge of his Judge declared it satisfactory. CLOSE OF TRE TESTIMONY—THE INSTRUCTIONS OF THE PROSECUTION AND DEFENCE. Mr. Haldemar, the other witacss attached, not bemg in altendance, the District Attorney declared tho testimony cloged on the part of the prosecution, ' Yr, Brody—Our testimony is closed. . Brady —Y¥e Mr. Curiisle—I would state that the District Attorney joft the room shortly after the adjournment of the Court, the subpana, and the | were seen by the privoper, and that tnflnenced by such Pr 0v0eati0n tbe prisoner 400k the live of tae deceased , gush Provocation does not jnstify the act or reduce such Milling from murder vo mensiangbier, Mr, Brady said that co 1 on both sides had conferred privately aa to the course #hicb this discusmios would tak. The prosecution wonld open aod close, bat if new matter was introduced im the closimg speach the privilege woul! bo en to the defence to respond, ‘ate Brady theo haw ood read the instractions aske) eo 68 (a8 pub in Saturday’s Hersip), and banded them tone Judge. oe me SUMMING UP FOR THE PROSECUTION. Mr. Carlisie stated the grounds on what he thought the instructions asked by the prosecution should be granted apd those asked by the defence, or some of them should de rejected. The first point made by the prosecution that if the homicide were wilful and intentional, aad were induced by the belief of the prisoner that the deceased bad criminal intercourse with the prisoner's wife, never- theless it was murder; if the jury believe that no violence or assault was offered by the desonred at the moment of the bomicide, that presented hypothetically on the whole evidence ip tbe case @ wilful and intentional killiag, without provocation ia law. [t aiso presented the propo sition that a previong seduction of, or adukery witn the prisoner’s wife, 18 DO provocation in + even if the jury believe it; bat the ipetruction further pro- ceeds to guard the jury agaist the conviction of the prigoner if be were intane at the time of the killing. He did not know that be ought to consnme the valnabie ume of the Court in diecussing the frat proposiioa— namely, that a previons adaitery ia not provocation io law. e case of adultery as leading to homicide, when- ever it is referred to (9 the book, is referred to solely 10 cases where the bosband ea the adolterer in Aagrante delicto. All the authorities condue it further ex clusively to the case of an instant killing; 80 wnat there are two points in jt—one that the parties must be caught im jlagrante delicto, and, second, that the bomiside mut be ins. antapeous, But there was no authority for seyiog that aduiery had ever been held as tending to establisd & justificaton of the act of homicide. They bad heard reasoning and eloquence on the subject, but hat, as yet, beard no authority cited on the other side, Tooy were told that every man was te judge, when he finds himeeif agrieved, whether the law of the land gives him adequate relief, and if it does not then he is remitted to his natural rights. In other words, they were told that there were two conditions in every rociety—a state of nature, and a state of society un impertum in imperto, He would not argue that proposition; its mere statement was ita own refutation. It was algo argued that human law must be in coasonance with Divine law. He would not go into any argument op that subject, but would concede, for the ake o” argument, the proposition. He denied, however, that the Diviae law spy where authorized the taking @ hnmaan life for any ‘wrong, by the person wronged. The Divine law did not make adultery as great a wre ern volume, oa ite sacred bad, from Inning Ww end, in letters of ving light, denunciations of wach acts of vio Jence as thia; and be further said, that at no period of the Jewish dispensation was it ever beld tbat the punishment of aduitery by death was other than a judicial punishment. He denied that any text in the Bible countenanced the idea that he who had been injured was author- laed to take the life of the adulterer. Dr. Paley, in discussing this sin of adultery, bad referred to that most touching of all the tncidenta recorded in the New Tes- tament—the coer re the Scribes Ca tere Drought to the Savi woman taken f They said tohim, ‘Master, this woman hath beon takes io adull , in the very act; the law of Moses saya that crime ‘be punished with death; what sayeat thou f’” The Evangelist adds that they said tois ‘tempting him.”” How tem; bim? Tem; him to take upon himse some judicial authority, that they might have an oppor- tunity of accusing him. Finally, he gave them that note. ble answer, “Let him that is without sin cast the first | her.” Then one by ove the Scribes and Phar! ay,and the Saviour turned and aaked tho woman “Hath apy man condemmed thee?’? She ead, “No man, Lord.’ Then,’ said Ho, “neither do I con- demn thee; go and sin no more.’’ I, said He, pronounce no judgment, Itake upon myself no judicial authority, “Go and sin no more.” If bis Honor wguid refer to the Greck he would find that the verb waa calachrino, equivalent to the Le ae pes to pass sentence against one. It showed et that time there was no euch thing among the Jews as private authority to punieb adultery. What could shocking—# be more hat 20 ee the exigtence of and good govermment as doctrine that he who is grievously wronged is to take into his owa bands tho knife, aud to execute summary judgment against the offender? Society could not exist with such a doctrine. If it were established here in the capital of the ation, the lend would pre- sept one great scene of violence and confusion, because the principle would not be confined to the singie crime of adultery, but would extend to all other wrongs for which the law did not give tue offended party adeqnaie reparation. He did not know tbat it was necesaary for bim to argue these instructions any further. In regard to (We other prepared by his colleague, he wou'd pot discuss the , third and , because they were copied from tbe instructions of his Honor in the case of Day. As to the Afth instruction the proposition was, although adultery did not offer a legal provocation or justificanon, et if the prisoner knew that the deceased bud bad a tui erous intercourse with the prisoner's wife, and if the prisoner saw the signals and koew their meaning, tue Jassion excited would make a legal provocation, reduciog the grade of crime from murder to mansiaaghter. 1: merely asked bis Honor to repeat in tuis case the olf and well settled law on that subject. As to the propo eitions offered a the defence, they were, maay of them, if not afi, liable to the objection’ of oeing abstract of law, and did not conform to the practice bere. The covneel read them. The first proposition, be said, wag a0 abstract proposition, and was liable to the objection tbat bis Hovor would have to coa- fide to the jury the functions of the Judge. Taoeeffrct of laying down this proposition to the jury, without aay thing more, your Honor, who is placed tuere for the purpose of instructing us at tbe bar apd tbe jury as to tne law, sad to whom the community lok for a dectaration of law, leaves it to the jury to find whether there is any proof of | alleviation, excuse or justification arising out of the defence, Does the alleviation mean to say, in general terms, with regard to the feelings with woich men are disposed to Jook at the fact of killing under these circumstances, that they may find something of alleviation, ex suse or justitica- toon of the act? It 1s pot as to the allewiation which migut be drawn under other and diffrent circumstances, there fore, that they find in the cirsumatances of tue case made by the prosecution. There ie some a!teviation, is it meant to ssy, if the jury find that the presumption of mahce is rebutted? I presume not. Your Honor is to say to the jury what facts and circumatances it 1s compe- tent for them, if they believe them, to consider as an aile vViation, excuse oF justification in this case; for it must be alleviation, excuce or ju+tification in the eye of the law. It must be what your Honor must declare legal allevia tion, excuse or justification; and it would be, I think, tak. ing an extraordinary, pot the vsua) course, to turow the whole case before the jury without giving instructions. What is meant by this equivocal language ts, that tho jary are presumed to be acquainted with tho law further than what other mien know of it. Without the aid of your Honor it i hot to be presumed what is the law which will amount or extend Wo alleviation, excuse or justification. TI object to the first proposition on this ground. I wil] say nothing about the abstract proposition of law, but will add, from tho fact of killing, whenever the law presumes malice, it may be ro bvtted by certain facts and ciraumetances, or circum- stances and facts of a certain sort, which the law regards ag alleviation, excuse or justification. As to the second proposition—namely, the existence of malice—it is not presumable in the Cage, if, on any rational theory con- sistent with all the evidence, the homicide was either jus- tudabve, excusable, or an act of manslaughter. I must express my admiration at the singular adroitnoss with which it bas been prepared. I thiok I see ia this proposi- tion an invitation to the jury to consider whether, oa ali they bave heard in this case, the theory of my learned friend—although ! don’t mean to say it is hie theory a cae, but may be that of the gentlemen associated with hm— whether the theory of tho homicide waa excusabie uader these circumstances, and whother it {s a rational thoory : and that, if the jury think it is, then the existeuce of malice is ‘not presiimable, While I acknowledgo, to the fullest extent, the right of the jury to give a geaeral ver. dict of guilty or innocent, as they may think the facts aad the law require, I deny it's the province of this or any court to invite’ the jury, or to submit to the jury on the | application of counsel, toe question whether the law be | thus or so. We bad beteor—I say it with tbe most per. | fect respeet—abolish the bench entirety if such practice is to prevail, and trust to the jury, without any interference | of the Jodge. 1 know of no authority or procedeat, oa tho face of it, by express tertas, which /acludes a submis- | sion to the jury by the Court as to what is the law of the case, They and not your Honor are to determine whether | there be a rational theory of justification in Jaw, in any | view of the evidence of this case. Your ts to teil | thom what i3 a justification in law, and it is for them to | form their opinion. As to the third point—namely, that if there be any | Fational by pothesis, cousistent with the coactusion that the homicide was just!Sabie or excusable, the defendant must | be acquitted—this was substan the samo as the | second, only that it was more boldiy stated, and your Hooor knows his residence is in Georgetowa. 1 | In the fourth proposition, the defence undertake to save thercfore had no opportunity of conferring with him. At | the prisoner from conviction for manalaughter, by seyi a late bour inst after ten o'clock, I received a copy | if the jory believe that Mr. Sicktes intended te kif of the points on the defence mean to rely, notin , Mr. + Dg cannot be convicted of manslangbter. He the nature of instructions, but in the form of law. submitted, however, that it did not follow that, because ‘The Juége-I will give time to the District Attorney to | Mr. Sickles intended to kill Mr Key, he could not, there- examine | fore, be convicted of . He could suppose Some minutes wero passed in the examination by Mr. | a ee ee ete rand fo Kill the anaaiient, Ovid and Mr. Carliste of the instructions prayed by tho | and Coes kill him, and w! ‘the act falls short of murder, defence, during whieh interval Mr. Sickles’ counsel coa- } and is ighter. ferred together and with the prisoner. The fifth ‘wea, again asking your Honor vo- Mr. Cartale Av 1 Toot a Sontrontins, luntarly to aurrender into he hands of the jary tn» funo- pobiis! Hanain,) which the prosec ne cf the Judge—the whole investigation on the wiiels would aek the Coart Tt Bis Honor did that, secwiy Attorney, copled, verti > jury won tions given by his Honor in the case of — referred to awn consciences, without regard to law, Tr the. ry believe from the evidence the: the degoased | and would whe to aay, wveuber that uuhappy de” was Riled, yi pees Say meenert 5 iented bullet | consed did c not deserve his fate; and if they thought dinebar; phat! ye such killing implies malice in patent ts ar one be Bae yee Geek io. Jaw, and js murdor, soper, would to ar ‘That tho of rebutting the prozumption of malice x +a ai If the jary the evidence that the doceared, previous to ine day of bis death, had « luiterous (nterco: with the wife of conaed, on the day of Jef hia house, made The sixth proposition wae, that if Mr. Sickles killed Mr. Key while the latier was ia criminal jatercoarse with the wife of the prisoner Mr. Sickies cannot be convicted of ¢'thor murder op man; jhter. That was again laying down ie dootrine of divine ‘on tho part of the jojured husband ‘that if the jury found that Mr, Stekles was Ja! ler the inflaeace of @ diseased mind, apd was really upooassious that he was commi' acrime, he is not in law gutity of murder. This propos. tion was in quotation marks, but he did not koow where itwas taken from. ile did not suppose it was taken from bis Honor's ruling. Mr. Brady-It 's Mr. Bradley's tavguege im the Day The seventh “and Ma tigoals or « portion of them case. Mr, Carliele—1 am giad it is not the Judge’s laug age, Mr. Brady—His Honor ado:ted those instructions, Mr. Cars e—Couid welt imagine how his poot cai hbo ® ‘n the otber side, who seemed to Dave the gross d:amiti.D ut bis Goger’s end, cogid make an argument ov therd sords, ‘ diseased mind,’ He-could trauspose the oe sod say with Macbetn, “*Caost thou not micister 19 mpd diseased, pluck from the memory @ rooted sorrow, ‘aze ont tbe written troubles of the brain? &o..&2 Pte sootrne would amount tw making ungovernable 94820 y an eqnivelent t in apity. Such @ doctrine would renteg crim\al law nogatory. Te ergbtb proposition was similar to the seventh. 18 tbat ifthe Jury believe, from auy predisposing canga, t orisoner’s tind was impaired, and be becams wend incapable of governing bimeelf, &o. Why, said ha, ever man wbo is under tbe ipfuenoe of vacvetroiable parsi’ and thirst for revenge ia mentally incapable of go7eraing nmeed. But who would argue that be was not aco@uitte ble (or acts done under that influence? If Mr, tivaten nad) adop'ed tbe theory of bis friend, and heen aivised teh \t was bo crime to kill Mr Bey under theas circoms:areed, this proposition asked his Hooor to say ibad toga i$ me bo crime, and that tbe jury must acquis bin, ‘The pinth proposition again places it in the proviac? the jury lo declare whether the prisoner bad oapysity mine lo decide vpon the criminality of tne pastientar the homicide, aud if they taink be bed not, tne jut acquit bin, There was a code which might how deceased bad forfeited bis life to the preoner. Tha: wep ‘he dueilipg code, It was uot the cove of asesseeti but of houor, where it i# so arranged thos tho pa! 4 hall On terms of equality, Wab ‘ba eo la, - bo y they bad nothing t do. It was unonsist war d- pounced by law, and was fast fading from c!viliz, 8~ Counsel for defence—I have lately perused the Distorg of dueling, and I will let bave it, if you choogs, Mr. isle—No, air. ((idegig s Seefeoy 3 please tha fener ee The adulterer hag never Bem op an honorable map, bud bs doom Ucated a8 a dishonorable mac. . €: Mr. Carlisle proceeded to discuss the tenth which is, that the law does not require thas ihe be Ih; which absolves from crime should exist for any do! period, but only at the moment when the acs ® bs ee ee : Cage be grenayed ioganity. ‘be oriss ever it down, Oporten enuiled to no favor from the Cour te bart, ie eleventh proposition was, that if the jury Dave an; doubs as to the homicide, or the sanity of ibe be should be acquitted. He argued tnat the presumyti was to be in favor of sanity, not of insanity. The proj sition bere waa, that that presumption should end that the prisoner should have the benefit of any about sanity. Insanity was the most easily counterfeite” matter, and if this doctrine were estabyabed all enses homicide under passion could easily be brought wibin h® defence of insanity. The defeuce of insanity was a cille defence, and must be proved afirmatvety and youd doubt. There was no reason why that dofenoe should be placed on more favored grounds than any ees detence. the contrary, there Was every reacoa the oefence of should be proved beyend any sonable doubt. The ine embraced in thia hon was a very dangerous doctrine. cown by all authorities, and decided by the of tn McNaughten’s case, sanity must be proven to the satisfaction of the j Mr. Brady understood, that in the case of @ map Oval, triea before bis Honor, ibis very question Rad Decm Glscuaged and passed upon. «4% a Mr. Carlisle was pot familiar with that cage, and would leave it to the District Atiorney to comment upon. Tie referred to the language of Engliso Judges in May Naughten’s case, and closed bis argument. ‘titel! SUMMING UP FOR THE DEPENOR, Mr. Slanton rail It became his duty to presen come eam. icrations in support of the points of law which had Beem tted by the defence, and which pointe were in 677% Fee th Lnose which may be given toajury. The ered which bad brought the jury and the prisoner a& the into solemn relations, and made the Court and the counce! participators in this momentous trial, was the death of ABy, Key at the band of Mr. Sickles, on Sunday, the 27h of February.) The occasion for this even: was an adulter intrigue between Mr. Key and the wife of Air, Sichieg The law ri on the case must depend on the each held ae other be by a comparison of these theories with the known ote. 9 pies of iaw, to give to the jury the instruction, 1@ of taking buman life is designated in law ny the gencs term of homicide, which may be either by males eg without mahice. The act of Congress watch a io (hep District designates two grades of uniaafal Lomicie— Dameiy, Murder and mansiaughter. Ho te‘oed thesa two crimes {n the language of Biackstone, law designates other grades of uaiswiu! homigite, bab only two are designateu by the act of Cvogress above r@- Jersed to, but life may be taken un ie circumstaoces whict> the will excuse OF justify. Tnis must depend on a va riety of circumstanoes, neither foreseen nor and must be judged by wise tribuna's, and by Which form the commen law of the I and are essen to peace and security. They are wlustrazed by exan,teg avd cases, whence the reagon of the law can be derived, an by these the true rule of juigmeut is agcerta'ned, ‘ mebuvMbg two classes Of cases in woIcda mad wD be exempted from judicial punishments for buheg—nime- Jy, Beil protection a8 a patural right, and tha defence of one’s housebold from the thief or rovver—he anid thoTo was a third class, arising from the social relation—the law. holding family chastity and the sanctity of the marriag> bed, the matron’s bouor and the virgia’s purity, to nem-Fa valuable and estimaole in law than tne property or life tS apy man, Ihe present case belonged to inat class on whi. rested the foundation of the social system, and, a3 ‘¥ia- volved the life of the prigoner, it coald nsx be 100 careful! considered, and this pricciple never came before a ee tribunal in a form more impressive than now. Here, im tho capiial of the nation, tbe social and political metropotia of thirty millions of people, a man of muture age, the hen® of afamily,a member of the tearned ‘ofeetion, a bi officer of government, entrusted with tao acminiatrat‘om of the law, and who for years at this Dar bas deman‘ed judgment of fine, tmprisonment and azath it olher tucu for offences against law, hus himeeif san hs open day ina public place, because he took teary co the boepitality Of @ sojourper im this city . Received koto his family, he debauched bia house, violated the bed ef bis host, and dishonored his family. Qn this ground, a wD, We deed of killing was comaitied. Tae iwswuctons pre sented by defendant brivg to the view of the Court tro consistent lines of defence—one, that tho act of the tap er at the bar is justified by the law of the tand, under (fo circumstances Of its commiseion; the ower, that, whether jestified or not, it 8 free from legal reaponci oy Sed 10a ton of the state of the prisooer’s mind. When crime * was committed against him by the deceseed, points of view, the relations which the deceased and ha ° ‘igoner at the bar bore to cach other at the moment of tha fatal act are to be observed—one, a3 a husband ouirag® { in bis house, hie family and bis marital rights; tno ep aduiterer in flagrante delicto. While counsel for prigover ingist wat the act is jastided by tha law, te | counsel for the prosecution assert that the act ie ¢ectracttya ° of the existence of roctety,and demand judgment of dat ? against bim asa flting penalty. Tho very exktenco of © civil society dependa, not ou human fifa, but on the fami; relations. “ Who knows not,” eays Joba litoo, ah chastity axd purity of living cacnot be estab'iehed oF eort- unued, except it be fret estarlished in private from whence bk ws oe of men come fortn?? 1 family,” says r distinguished muralist, is tha cradic of sebsibilty, where the first leesoon ‘arc tang’ of that tendervess and humanity which cement mankin B together; and were they extinguished, the whole fibre of suciety would be diedolved.”” In a general sense jo famuy mabrace various degrees of affinity, more ow legs bear; but in a strictly legal sense it embraces ibe re- lations of husband and wife, parent aad child, brother an® sister. Tho first and most sacred tie, however, ts iho nuptial bond. ‘Eternal discord and violence,” says» great movalist, “would ensue it man’s chief objcct of af. jection were secured to him by no } gal to. No nam could enjoy any happiness or pursue any vocation f ho could not epjey bis wife free from the assaults of the alub- terer. The dignity and pertranence of the marsiage aro destroyed by adultery. When a wife becomes the adul- torer’s prey tbe family is Sa: and all family rela. tions are involved ip the ruin the wife, Whenamam adcepts a wornan’s band in wedlock, ho receives it witha vow that sbe will love, honor, serve and obey tira ‘a sickness or in bealth, and will cleave only tohim. This bond ie savetilied by the law oc God “Wns, moe hath joined togetber let no man put asonder.’? By a marriage, the woman ie sanctified to the bust 1, mnt itvigge* bond and relation must be preserved for tno avy as we! as for the good. 1t is the Diessing of the marita) newt \ion that it weane men from thew sips and drawe them to the performance of their duties. This sea! of tha nupt vow is no idle ceremony. Thenceforth the jaw the adulterer to beware of disturbiog their peace. mands that no man shall look on dhe woman to lust afer her. The penalty for disobedieuce to that injunction d'@ bot originate in human statutes; it was writton ia the hear’ of man in the Garden of Eden, where (tie ret family was lanted, and where the woman was msde bose of oaa's ¢, fea of man’s flesh. No wife yielts bereelt to the ackat- terer's embrace till he has weaned her love from hor bug- band; she revoite from her obedience, and serves the age band no longer. When her | body a pee nee Wo di adulwrer, she lougt death rendered tv the mance by the child, but over the grave of his —— ene ede eae dust, he knows that love @ parent lg chile stronger than The bitter o i 2 example to Da or, Dom ; and the sweetest conversation boiween parent and the beloved soother who is a name a loss cotuer to Nig @ daughter hear thes mo\her’s name BREE But id, and a n Without @ blush? Death ie morc (\! to Me Pt Ryka | of him whore luat bas stained tho (af >row of inaogen childbood ty corrupting the heart of the mother, whace example must stain the daughter's life. The prkte and glory of the family is ite hat of brothers aud sintorm FM sae Pa) oe oak *