The New York Herald Newspaper, April 26, 1859, Page 11

10 THE WASHINGTON TRAGKDY. Trial ef Daniel @. Sickies fer Miltins Philip Barton Key. Address of Mr. James T. Brady for the Defence, &., a6, ae. SPECIAL REPORT TO THE HERALD. Wasinxaton, Apri) 25, 1859. Ki was gencrally expected to day that the jury woold ge ont, and consi qnently tho Court room was crowie! to excess, Mr, Brady began his closing address upon the Paints of law submitted by the defence at half past ten, and concluded at two o'clock, The District Avoruey fol Bowed, but had not fivished bis argument whea the Court adjourned, to the great dissppointmens of the throng, Whieb bad relied upon the conclusion of the cage. ‘Yo.morrow the prosecution will wind up carly in the day, when the Judge will provoance upon the legal pro position jaid before bim, and if not decidediy adverse to the defence, the case will go at ones into the hande of the Jury. The defence, however, bave the right, according te practice bere, to argue on the insiractions of the Court, Which will lead to a reply prosecntion, and an. ether day may possibly be cousomed The Ju’ge, in the course of some remarks to-day, lot fal the observation that if the jury entertained any doubt @f the ranity of the prisoner at the moment the act wis committed, he was entitled to the benebs of it, This con- widerate view of the Court induces the defence to believe ‘thet its ruling will be favorable w them, which will ren- der further argoment useless. In the present temper of the jury, nothing can be gained by provovging the trial, and this must be spparent to all woncerned. Phe prisoner is quite worn out by these protracted pro- ceedings, and is looking forward anzicusly to the hour when his fate will be decided. rom BEFORE THE COURT. Wastrvatos, April 25, 1859 ‘The Court room was crowded thie morning tits utmost eapscity for fully « quarter of an bour vefore Judge Craw fore tovk his seat, and a large number of persons besieged the doors seeking vainly for admittance: Among the spectators today are Genera! Churchill, Deited States Army, and Milton Whitney, District Attor. Bey for Baltimore. As Mr. Sickles entered and moved towards the dock he ‘was warmly greeted by many of his persoual friends, ARGUMENT OF MR. BRADY FOR THE DEFENCE. Mr. Brady proceeded to argue the instructions on be- Balf of the defence. He was quite sure nis Honor would axtend to him during the argument he was about to make fe same polite attention which he had hitherto received, amd which be was delighted to acknowledged. He should endeavor to confine himself cautiously to the proper dia- @barge of the particular duty devolved upon him. Be felt, and his client folt, the great importance of ea- deavering to convince his Honor’s judgment of the pro- riety of the prayers in which they asked his Honor to in- mruct the jury. He would not go over the same ground a8 his !earned associate (Stanton) bad gone over, but would soniine himeelf to those matters which his associate had shigbtly passed over. There was a great difference of opin- fan between the counsel for the defence and the counsel for the prosecution as to the principles on which this cage vented, and the counsel for the prosecution (Carlisle) was im error in saying that the instructions asked for by the @efence were purely of an abstract character. The pro- Becstion bad commenced by rhowing a case which Might be termed assasaination, sud which showed m none of its aspects mitigation or allevistion. The Detrict Attorney had represented the prigoner 28 a walk- eg magerine, an animated battery, going out from bix ‘hecse on the morning of the homicide determined to turn a2 his engines of destruction against Mr. Key. He is re- Presented as knowing Key to be unarmed, and as beving given the deceased no opportunity of defending Rimvef, but in a cowardly manocr shet bim down. That statement, however, was utterly unsustained by the ‘evidence adduced for the prosecution. Every man would ave been surprised if the evidence had been allowed to ntop there, showing only the mortal meeting of those two men, who nad been hitherto fast frience. If the case hed atopped thee, would no: the whole world say that m auch @ cave there must have been either ineanity or justification. While the ‘on thus presented this case in the open ing, the counsel for the defence oad anggested that their defence rested on two groands. He bad seen in tue news- Paper criticisms on the defence, that the two theories Were inconsistent—bat if the act wore justilable, the de fence of weanity should pot have been set up. The cefence, however, held that if tne not held iv law to be justidable they sho the dencfit of the defence of ineauity. These views had Biveited the cc fences of j sation of hom in conse. Sequence of provocation an’ of wwsamty, and it was in THE PROCEEDINGS Felesence to these txo cefences that the requests had | be beep prepared. Ho most bere take iseue with | cution in reference to what the jury were wo do. | pot aw izquiry Cu that poit to the District Auorney some j a , bit he had not heard a eatiefaccory anzwer | he esicemed to be tue aplest ruling on | that point was to be found in toe cas: of the State aguiost Croteau, (vol 23 Vermont Reports, page 14,) woere this Tule ie iad down, Thie power of a jury i2 doubtiess bable to xbuse, and £0 is the power conferred on @ Court or eu uny other human tribucal ; bat while a jury or Ceurt keep wit oer sphere of jurisdiction, hey are in the exer of the powers conferred ou them, Rog are in the performance of alegai right, and this, though they may, by abuse of the powers, be guilty of a mora] wrong. Toe extent of the jurissiction of a Coart or jary is moasured by what they may or may not decide with legu! eifc., and not by the correctuess or error of their dec Tous the butcher, Jeffreys, by viriue of his office az Judge, had the political power, and cons3- quently the Jegal right, to conduct the trial of Algernon Siupey, end to give hs opinion upon the law of the case tu bis charge to the jory. thong for his shameful abuse of the right, he may have incurred the deepest mor quit, So tbe jury, in acrimina! trial, have the lega! right to decide the law a8 well as the fact iavolved in the issue, Det this does not give them aright, by a wantoa disre- oe of law, to decive arbitraruy. The coupse! also re rod toa ruling of Chief Jusuiee Shaw, delivered wm the Supreme Court 0: Massachusetts. He 4i¢ not wisd in tae ‘Present ztate of the case to refer to these au.torities for ‘any other purpose than to show that they were consistent with the epirit of bis Honor’s ruling oa various occasioas. The counsel referred to Judge Crawford’s ruling im the Berbert case. I he could believe that the views of the ‘sounse! for the prokecation were correct, proud aa he was ‘@f having been born in this lad, proud ag he felt ia her great destinies, be wouid rather live under the worst des. otm on the face of the earth. I verily believe, conti wd tbe counsel, thet next to the integrity of the aapeteriy cng I hope will always continue as it cove in the pact, tw adorn our national charactar— pext to that is the importance of preserving tac @rial by jury, especially in criminal cases, inta Ade not recognise m toe Deciaration of American lnde- pendence, iD the statement of ul, tue abuses tat led to tae revolt of ‘ihe American culonice, anycuing eet up as the wocasion for the war of the Revolution that compares in importance with the right of trial by jury as it now ex ws in this land; and much aa J abbor the saeddiag of blood, and cow diy as I might be found when the momest of danger approacteo, I would be willing to lay down my and wade to any Extent in the blood of the foe, to pro: hut palladium of liberty from being mvaded for one pt. Turning our avtonuon now t that Sanday 3 Morning, and to that print of contact, let us Bee who tas Rach waa u Parties to it were, rauk of gentlemen — Nie office, Looking ed betwoen them, 48 Nehed ip this case, we Gud that they had versunal fr we bod that Mr. Sickles bad best of bie capacity urged the viotment or re. Seiniog 10 cflicn of Mr. Key; that Mr Sickles was desirous he ebouid conuinue vo dikcharge the & of District Atwor: ey; we fivd that Mr. Sickies bad recomm: ndes clients ty fom, had empioyed him as bis own co aot had giveb him tree accesa to bis house jo t that horpitality prevailing in this Dusters bas po ably perhaps never —I,ae a st r cheerful and heart felt testimony. wwes* fac ® oO Toan in the District posseweed of any inti who, knowing anything of the apieconent of Mf Mr Sickles, coulo bave aupmmed that Mr Sickior walked out of bis houge that Sauvbath morning, leit his bome ava hie wife, und thet dawniog blossom of his heart, that child who bas Been polluted by the tench of vhs Sdulterer—coud baye walked out of Gis house, (a tna Wight of cay, uncer tho biewsed rualgbt and in the face of heaven, and committed ao astassination on the person of © which, © we r. 8 bs friend, Therefore, your Aonor asks, the jury nak, apd the whole world’ ake, how this thing was Tae whole world, your Honor, hax its eye ou this case, and, although there way to be egotism involved in che remerk which I make, Tcaunot beip sayiug, because Iam | bere in the diecharge of my duty, taat when allot us ball havo pase’) away, avd when ‘each shall have taken | bis chamber in the suent halls of death, aod while some | Of us would have been wtally forgotten’ but for this un fortanate incident, the name of every ove associated with ‘thie trin}, from your Lionor, who preaties in tue first post- ton of dignity, to the hunolost witness tat was called on the stand, willendure 0 long as the carth shall exia The whoe world, say, te watching the course of these ingr and the natore of the judgment: and [ pe- ve | know what kind of a pulxavion stirs the heart of the world. I know, if the earth coul’ be resolved (nto ‘ap animate creature—could bave a hem and a soi) a tongue—how ® would rie Hp in the intlaity of ape env Pronounce its jndgment on the features of this transac. Now, with these two geotiewen th 8 006: pH tthe tine when Mr. Key was one of bis mort enerisues gverta, T will be permitwed, in favor of the inatructions to NEW YORK HERALD, TUESDAY, APRIL 26, 1859.—TRIPLE SHBET. the event precisely as it ccourrad, Those geutlemen 10 D, Ought into cousact; a loud Camversation occurs, wH'ck HO Withers undertakes to give; after a loud conversion therets heare what may de sscuflle betwen tise jar Ler, so that to Mr MeCormick’s eyes it was a street guy, ane he could imagive m to be nothing eis; 10 the course of whe encounter Mr, Sickles drew & tol and fired 4 cer tain Dumber of show, Which took effect; at what Lime this occurred, im what position Mr, Key was left, 1 a matter of dasseneion and conbs. The testimony of the prosecution eerntichng The result was, that Mr. Key received bis desth wound, ant was taken to the Ciuo House; and short- ly afier there were found pear the spot ap opera xiass, whieh belongee b© Bim, and @ Deringer pistol. To whom Sid bie pis ‘op, and who weed it in this encounter. No cS taut iv was in the possession of Mr. bad pothing but a revolywg — pistol, stotement, DIL OF wsinuation trom any wit nefw that be ba avy ober weepon The coneiusion that be had ig entirely excluded by the proof, 1 gas, who owped the Deringer pistol? You remember wat proofs ee proprred w give abous Key’e beg prepared for any emereerey In view of tbe facts of teat collision, that pis tol be orged to Key, aod was useo by him im that enconn- ter; this is made cone'ysive. Althongh the pereonal frends, @: Key bave boca around this table watehing the result of tial—inciucing Mr. Joves—with steadfast und search joy mterest, not ene bas esked whether this Decinger pirtol was in Key's poesers on; 10 witness was orouK ot to aay whether Key bad such a pistol; not one who Was asked by bis friends or asociates, or permitied to slute, whether this pistol belonged to Key. y then mad the first, ses0a0 and third inasruc- pre presented by the detenee:— Finvt—'There $e no presumption of msiire ip this esse, if any preet of * ale lon, +xeuse or joriiicatiog”” arige eut of tke evidence f prosecution. Stale va. Jones, vo! 8 Jones, uiel es stale, vol 8, stead’s and Marshal's, # €ane, 17 of pamphlet jaience ci nmialice 1s pot premmable tn tala ioosl theors conmetent with wl the evi tence, either jnaiitianle, & we aa wt of nine cased ua AdOve eiteds va. Min) ie. 1, Commonweal vs, York: vol 2, 3 j vole we be tend Heard leading criminal cxwea, vag 505. 0 | wale How the whole evidanee preseated be the proseca- ere cul hy pothesis-co. sistent fb ih+ eoucia- im there war’ (olde was juaubanle oF excusable, the defen. unt eannot be convicted. He cited the United States agains: Mingo, vol. 2 Curtis’ Cirouls Court Reports, Mingo and Jobagon, the deceased, hed served cp board the same #byp, 00 its way from Apa jachicola to Borton; the defencant was a Haytien negro and toe deceased a colored man frou Baitmore. Jouns was armed witha hatchet, and Mingo with a nif son received three slabs. Expressions of anxer Jecling before the murder were beard, butas to woich party Toace the attack, at what time of the affray either armed himself, and what were the words nsed, the tcsti- mony of vive wituesses, who saw the aflvay, was contra- cictory. Tb this case a revolver was in the bands ot Mr. Sickles and a feringer in tuoze of Mr. Key, aud thera war no morial w giusay it A Dumber of wit nesses bave been cxammed tor the prosecution bere There no one gave the origi of the transaction. Mfiogo- gece Jobason three stabe. Mr. Sickles fred thzee saois, although but ope was mortal, Am [ pot right in saying no mortal man, in view of the Deringer pistwl, knows What were the words, or the provocation at the moment of coliision, and what was realiy the position of th parties. Tid not Mr. Sickles accuse him of haviag dis- honored his house, and may wot Mr. Key have replied, “T bave, and you can make the beet of it,” and this reply may hase been accompanied by profanity, he drawing the opera glass for one purpose and the Deringer for anower, ‘Who can say anything I have stated is iucousistent with the testimony adduced? I only ask that you treat the cas» on the ground it war placed by lr. ‘Stanton, who has so adorned it by bis eloquent power. We stand on the law of God, on the law of roan, on justice, irrespective of the question of imsavity. Before entering more particularly $nto thie justitication, jet me say that my learned friends Projuced whe bullet found in toe person of Mr Koy, and which made the mortal wound. When the bduilet was produced I supposed ft would fit the Deringer pia- to}, and therefore an effort was made to connect Mr. Sickies with that; but unfortunately the ballet would not fit the Deringer pistol. The batiet which killed Mr. Key care out of the revolver. What then became of the bullet from the Deringer, which was found to be ex- ploded? Mr, Braay then referred to the charge of Jndgo Curtis in the case Fecited arainst Mingo, the Court holding it was Incumbent on the government to prove felvaious kihipg, and if, om the whole evidence, the government failed to satiefy the jury tbat the act ws felouious deyond a doubt, there must be a verdict of not guity. But I do not twhiok, Mr. Srady said, tuat the government has proved, as required, a ‘cass of mur- der beyond all reagonable doubt.” If that case was more confused than this, I am not able to perceivé it. I never saw Mr. Key put once, and not hig face then, but whatever elso might ‘be said about him, none of his friends, or anybody who knew him, would say that he would not, im ® proper csse under rightful provo- cation, figbt, and 1 suppose he would stand in the same category #8 described in the case I buye just read, which says, “both being on the deck, angry words passed be- tween them; both being excited and’ ready for a fight, armed themselves simuttaneously; both fought, and Jono: son was killed.” The jury, in view of all the facts quited Mingo, Mr. Braay referred to the Jndge’s rating in the case of Day, taying he had made those remarks to show that the prayer of defence was not en abstract pro- position. rot an bypothesis of which there is Lo proof to warrant. If #0, your Honor could not listen to it a mo- ment. It ie the fact that four shots were fired in this case, and, from the evidence aa it stands, only three were fired from the pistol of Mr. Sickles. Ae to the fourth shot, I am. not called on to say o> know who fired it; but T am. per- mitted to say that that Derringer pistol belonged to Mr. Key, snd the evidence shows that it was used in this en- cotinter. There is ane circumetance tbe most conclusive in the world. 7 ptiemen who came from the Club Hoose uncerstood this thing a8 I do, that there was uo for makivg agaicet Mr. Sickles apy accusati Cod Houne was the resort of Mr. Ki here ip poms at the time in rtained that Mr. Key was lyiug hear the dition, those peraowal friends, gentie abt, of courage, and fechng alive xincaining the law, having a juat abborrence of blood, and lvoxmg oo assassination with disguei—coming to the scene, did p mbt Mr, Sickles | “He | throu which T will presently refer, to put before your Hono & very brief outime na to the undiepuind f w regard to the meewng of Mr Sickles mod Mr. Koy. J will by oudicient wstimony endeavor W daguerreolg pe from firing. ‘They hea’ m Mr. Sickles the rewark, has defiled my bed,” or ‘‘ofehonored my house,” and allowed him to pass away eotirely unuolested; a0 one r ame,” or morser;” no one calhog ap otcer, ang to arrest him. A jury, made uy of Mr. cs, might say he might walk free ag any citi noone to stay his steps, Tor fifth prayer ss pre. 1 by the defonce tx, it 18 for the jary to determine, under ail the circumstanees of the case, #! charged upon Mr. Sickles 18 murder or j ast: When we prepared the instructions, we supposed we conformed to your Hoxor’s ruling io previous canes. In thia connection I remark, in pusaing, that the cave of Ryan {s an authority directly in poiot, that tt is for the Jrry, on all the evidence as to ihe husband slaying an al- leged aculterer with hia wife, w say Whether it is murder or ter, We dew these instructions on that When bir. Carliale anid the iostructions were drawn adroitly, be pave ns credit for what rests in himeolf I thinkin shrewdness and sogacity he ha no suparior, We have dove just whalis right on thie particular point. Mfr. Brady answered Mr. Carhsic’s argnwent, saying that the provocation, aS we clin, was ou the instant before Mr. Wr, Sickles Went out, apd if tt had existed bofore that it would not detract from the influence of the last provoca- tion, but make it the stronger aod more controlling The waving of the bandkerchief was admitted—white hand kerebief. Mr. Key was unfortunate in ite selection. A hanokercbief of that cvior,evon among the most gavage natious of the earth, j@ regarded as emblemstical of pa rity, pesca, good faith, ofregura for hospitality, and pro tection agains: treachery. The color of the flag of truce is that which us selected ip this cave. I bope I may be par. doned by my learned brethren for this remark, in parsing, made not ipanger, but sorrow, with al! the feelings which belong tome. It would have been well if Me. Key oad Attached as much importance to the dignity of a banner ar did bis distinguished sire, aod bad always within o1m a fresh recollection of those lines which entitled bim with the flag of our country wherever seen op earth. If ne had remembered that the star-epangied banner had been raised everywhere, in the wilds of Africa, and oo the mountain height, by the adventurons traveller, he would never Bave chosen that foul substitute for its Demutiful folds. He would never have forgotten these ywo ines :— And thus be it ever when freemen all stand Between their ioved homes and the war's desolation’ If bis noble father incatcated in Anes iinperishable the Gury of the American people to protect ther homes against the invasion of @ foe, Low does it become less & solemn duty of the American citizen wo protec: his home against the invasion of the trator who, stealog fog into bisembrac® woder the pretext of triendanip, inflicts a deativ wound on his happmess, aod aims algo & blow ut bie honor? Now this raises up at once defore us the question of adultery and its consequences, to whieh iny loaned agsociate Fo well rrferred—it brings to us, with regard to toe ure of that hw lef, of taat foul banner which polluted the atmosphere of Washington, tne suggestion of our brother Stauton, that the commoo low to be entorced in this Histrict was the common jaw that stovla be found to consist with oar babits +0 ial condition and institutions. Jt reeaila to What be said ag to adultery bemg « crime generally recog nized op the whole face of the earth, avd punished by ai! patio # a8 acrime, It has never ceased ty be a criny the est-mation of jurtate of Kogland. 1 am furulahed by Agentioman of grea, ability sud digtaction, of profound ervdition, #bo has cast bis lot among 8 of thin y friend, Prof. Dimitry, whore name I am hap py to mention with honor, with this very brief abstract | f the law of humanity, with reepect to this offence of adultery :— Piret Among the Jews, by the law of God, the adulterer and the asuleers both stated to de® b ond) ed that adultery abould er ubished te ‘Tht * tein jaw, Dorned the adniterens to den'd. nnd over her nabow remred w giboer on which the wdalte- rer, ber wecompiscey wea bang ome Of the North rp ostions of Purope siapend FU) a HOOK -lofin quidvua prcusert partibus wud 180 him * sherp enile with * bi ¥ be war compelled ws inflict self: Dunwehiment, oF spend bik wuilly I's fo protracted tortare, Fifth in kogiand, tw the sven of Aifeed, the woman was anorn and to the wat, driv away trem her bus ben in the oreseoce of ber retntoos, war seourpeo from tthing to tything, until death ensued; while the du tery wae w.rani up tothe nest en huh in France, under the Inwe of Loute the Debonalr, both perties suffered capitel punishment Beverth, Constantine tuilieved capital punishment adulierers of both sexe, ® d Justinian. in ne reformation of the cone, Jeft the mame penaly menacing soaiter erm, Hipbib. In the vietaaiindes of ima, xonlterers were con. 16d to be eeonrKed And bac inhed, OF Reoured and doomed ve for Nife In the guileye ot Frases wh. The Spanish Ikwe ceprives the adalwrer of thar which be bad vinwies she Inwe of aocimy and tbe wapctity of the marrage bed Ter th. Io Poringal, Capac nad waa burned to death with the ndniterens, pot ifthe bostand cboan ts wave bia «unity wite trom thie fearful ebwutieement. @be was wet irer witb sane t ford ibat Tam warranten comunued Yr isrady. lo sving, whew cempeiled apenk of tie sin of Mrs. iokies. SH necenury part of thie transection, that, in cormderauon of her extreme youth, ‘of moral po’ Hike Mr hey might e dem ton n under the elreumatances to wrong thet tp ourown Dearie, erhaya Dol cow: Geen in the heart ot my frimud whe tat hin bar ty aey there @onid he some Kogerhig remmen’ OC hope that win oad not entire ed and enairciy demtruyed berwelt, Tt wan a gre Mong cirewmdanee ty me fo krow sad 1 am aare none oF tie were athe tittle inewent of the sodeed hie tobeatior to the fooe besnae he vr jew the aeht injure: ‘ Vie what hut been jaid 00 bis butom, be wilh » maulineds that i know belongs nied to bis doresne affairs, who brushed hie clothes, | | Da B, Bieklet ve him to understan’ that whatever was | eer Daa tl bie'mind, her person was safe fron bis t2u0b, | ~“Counee! then cont:nued to read from Profesor Dimitry’s | abeiract of the laws of adultery, as follows: — aad — 0 adukerer war take to | glleveac tn Folacd ihe vetwwa i or gear which he reeked, | itd Sere there vated ‘or booked to the mat bridge post. & kolie being a1 tbe eame nowent put in’o his hand to e hin to free himself by we mutilauon ‘of there parta Quibus pre- tumieset peceare, Te eiye< Tn tbe Bingdom of Bohemia the penalty of the squnelren in the Minion, abd. tba" of the baulteress was Pervetua) resvuaion, apent is menial drudgeries and in penance ob hresd ond water Tm inatences frequently ocour of nee Ae gurte death? ava antl the enarrment of the tex dulian. the busband bed tbe ight gumpaning si toe of ihe adulterous wife, snd trying be* tbe hesribtone of ‘ue busehold, ubd there and then yp ber tn dew : Sneun- Our penal legislation on this subject is woras Jers: itis seandalous. for Hts very provisions are eoa- our ridicple and ribaléry on the head of we husband, of the wile, as the case may be, islation, couneel proceeded to argue, was worse vs. By the lawe of Maryland the pocishment of ‘bree pounds im rnoney or a certain quantity He was bappy tat his learnod friend, the Dietrct Attorney, ip revising the criminal code of this oitrict, bad teatitied bis abborrenceof the crime by intro- ducing a provision visiting aiuitery with tar more terri- ble covseguences than any ever fixed under any law wo in this cistriet. They were told that the English bad guid thas they took no cognizance of adultery al off-pce, fis associate (Mr. Stanton) had bridge leading of tobacco shown the Court that there never bad been a conviction, in England or im this country, of any bueband who kiied an adulterer, under what ciucomstances soever the bomicide was con- mit tone; but, om the other had, there were aejue Cahors howling that, in the contemplation of oar }io; le, on, their, vows ot Be morality of the mantal re- Hat ous, of sveial diitier, and of domestic hife, there was sveb # com mon law as was contended for by bis learned brother Swniou. This suggestion, contigued Mr. Brady, thatthe party Injured most be lett to an action for da: yes, 1S One that bas frequently excited the disfavor, ad I may add the diegust. of the mort brilliant minds of the legal profeesion tu England. In order to show how judement may assiaé us tp geoing what would be the pubic sentiment, even in Bngland, in cages lke this, im opporinon to the argument that is always mace carvative lawyer of Bngiand, that when a hveband bes bad the vieltation of ap aduiterer’s pollatiug presence in his bonse, he most go toa lawyer, as he Would with a promissory’ note, and have aa action brought for damages. I with to read to the Conct a few observa- tions from an emipent man with Whose name ali of us aro fermiar, who was once Sergeant Taifourd, and who died on the bench of England in discharge of his official duty ; Pathos much oftener than imagination falis within tae pro: vince of the i vocate, as employed at the bur in actioua for adultery, seduction and br ‘of vromlae of marringe, ost’n wibly an ® menpe of effect tranefer me eof tbe culprit to that a y froin the the suilerer, it sinks yet lower than hs nature) place, and robs the sorrows oa wich it expa- ustes of oll thelr cignity, ‘The first of thea nctigne iz a dis grace to'he Engjieb character, for the plaintiff, who sks for bes suateined no pecutlary Jose, and what money Geserve whe geeks It as a compensation for domeny> comifurt, st the price of exposing to tbe greedy papile all the tbameful particulars of he wilw’s orkne nd 0. bisown dis- race. He speaks of modesty destroyed, af love turned to Siternesu of youth blasted tn ‘prime, har of age brought UF aKa to the grave, en be asks for money. ne wrongs of tbe inmost spirit, * aa beggars do their and unveils the sacred agonies of the heart, that the estimate the value of their palpitations. Money pot compensate, Dot because tis ieuflciont in degree, but in kind, sud, therefore, the consequence is, and that great dumages should be given, but that none should be clsined. When once money # connected with the idea of mental grief, by oe Cierny ‘who represents the suiferer, all respect for joth ia gone.” ‘Totbow the presidents in American cases, counsel re- ferred to the case of Bowyer, who having learned that his daughter had been seduced by McDowell, President of the Bunk of Fineastle, in august, 1858, made « journey to | Baltimore from Fincastle, abovt four bhupdred miles, and having there learned further partiowars from her confes- sion, came back and shot and killed McDowell, and yet Bowyer was acquitted and discharge’ by the called Court, without the cage ever being sent to the jury. He also referred to the case of Isaac C. Sherlock, and to the Canada case, where the husband foliowed his wife's se- ducer trom city to city, and deliberately shot and killed him as he was drinking at a bar, and was acquitted by tho jury. CZunsel algo referred to a remarkable case tried in Toulouse, France, at the Assizes of the Department of Up- per Garonne, on’ the 284 of Juno, 1857, and reported in the Gazette des Trilunaux It was the case: of Abdon Souf- fare, who shot the eeducer of bis wife, Charles Broustel. In that case, the counsel for the accused maintained that there was,'and that there could be no premeditation in the cuse, and summed up in these words, which counsel con- aidered applicable to the cage: ‘Gentlemen of the Jury— There are two great principles which vou ure to weigh in the 1orum of your conecience—ove is the principle of the inviolabilty Gf human life, I proclatm it to you, gentlo- men, like the church, a sanguine humanoabhorreo. [ have a horror of rbed¢ing human blood, and of all the image- ries ot chilihood tha: which has impreesed me moet deep- ly, ig the for cff inrage of Abel slain by Cain But next, und immediately next to that principle is another—equally sa- crea ore—the inviolabt.ity of conjugal society; the re- spect which it secures to woman as a wife or daugh- ter; the rerpect due to Souffare aud bis wie where they bad boarded theirs. You will not eay, gentle- men, Wat libertine, becavse he knows that a husband is for a number hours chained down to the per- formance of a public duty, by which he gives support to bis wite and cbiidren, sball be allowed with impunity to desecrate a man’s bed aud poison his whole ex- istence. You will. then, gentiemen of the jury, stand in the midst of Sonffare’s broken up family, you will listen to thege terrible revelations.” [Couceel here read from Proverbs, vi, 27th shd 36th, inclusive} The counsel continued; Jealousy is the rage of imag, Thus speaxs the Great God of the Univers to us. It is pecoharly the rage of a man, and io the wistom © the inspired record no estimate war ever formed of human nature more gccurste as it now exists 1 venture to say that if Br. Key bad possessed a wanton mistress, and tbat avy man bad ventured witdin tho house he bad hired, to infringe upon his rights ihere, he » Deen Jalse to the swstincts of bumanity if that y bad not taken possession of him. If I could Have the grave opened, if 1 could have sum- ves who bas Lot been called, if f could ey on the stavd in tots court, in which ce cflisiated asa prosecuting officer, if I'could ask om in virtue of bis birth, bie education, of whatever monly characterietics belonged to him, abd whatever opi- bons be may Lave Gerrved from bis association with gea- teen, woat be would bave done if any scoundrel bad in- vased Lis Longe, polluted and wronged his wife and Drousbt shame aid reproach upon bim—if I could have asked him what be would beve done under such circum- rtancer, [leave your Honor, I leave the learned prosecu- tor, Ljenve bit sur v.ving frends, to say what would have been “bis anewer. “Jealousy is the rage of man; it akea poskession of bis whole oature. No occupsnion of pursuit in hfe, po liverary culture or enjoyment, no sweet socikty of friends In the brilliancy of son light, no wisper of hope or promise of the future, can jor one moment keep out of his mind, bis Beart or his soul, th» deep, ineifceabie, consuming fire of je oye When ow it bas entered within bis breast, bé bas yielded to ao instinct which the Almighty bas implanted in every nimal or creature that craw! the earth, Tcannot peak of the amours or jealouries of the worm; but wben J enter the bigher walks of pature, when | ¢xamine the chavacterietics of the birds that move about i the air, I find the joalouay of the bird in- cives him to inflict deatb upon the stranger that invades ie pert and seeks to take frem him the love which the or has implanted in him avd formed him to enjoy. ‘ad in the records of travellers who haye penetrated wilds ot Afiica, that the most deadly engagement that can Ccour, aD eDgsgement which Dever permits both to pues away Witd that life, occurs between two lions when the Lioness Las proved wanton. or sedvetion has been ap- plied to ber. Yet isa in bis avimal instincts is no more capable of coutroling within him the laws which the Alwighty has planted there than the inferior ani mals to which I bave referred. “ Jealousy 18 the rage of & man,” obd thongh all the arguments that Warned opponenta can bring. or tbat can be suggested, that a men must be cool aud collected when he finds oe- Jore bum, ntuli vex, the aduiterer af hia wife, to the contrary notwitbstrneing; yet jealousy will be the rage of bat me, abd be will not epare ip the day of vengeance. ‘Te Court will remember the memorable language of John Poiipot Curran, iy a eivil action for damages, when crirm. cebtroversy, is answer to the all that ed ocher#ise than patiently and decently, mea gentleman, when be heard that his wife was temen of the jory,”” said he, “is seems that wb n the flepds of bell were let loose upon the heart of my Chent, be shoud bave placed nimeelt beore a mirror the streame ol his spony 10 tow degorousiy cown bis brow, be snonid bave tuned bis featares to mony, writhed with grace and groaned in ‘Jesloury if the rage of a man’? It converts tm intoa frenzy in whieb he is wholly irresponsible tor whut be may I meet wy learned friends dis. Lupetly "POD tbe subject of insanity, relying upon the proporivon whieh | have prevented, crawn im strict conlortity wilb the decisions already mady by thie Court inorber case, ‘The counsel on the other wile (Mr. Car- Nisle) bed remorked that be coneiiered sueb a ining a8 JANIBDCOU INFANITY wimost mapoasible, pe coud be Crawn from the ravngs of t war im porsible for any boman being t perceive the exact Howt when be parsed from a state of wakefulness to. ® rtnte Jnet sa Imporsinie to fix the “hep the mind of a bumac being passed from a anily to a condition oF . 1 was imposst- cise of the Intellectual or mental f P ihe thought upon fixed upon the oircum- fiance of death even forthe duration of a eecond, We my, Da Reneval, philovovhic wav, cociare that we must ie, But, in reference to that sharp point of certain Vitable agony, ot destrucuon which ia the thing called death, *e cannot keep ont ininds upon it even for on inetant. To be espable of doing that for avy Consicerable period of time wonld necessarily protuce 4 Herhor Of mind end epirit such ag weold Inevitably Freult\p the cestrocton of the inteliect. Yet you Tight Juet os weil attemp: to discover the mysterions point of CVbection bermech Jife aod death ag between ranity and lotanny, Thie Court bad already in its desisions given @ kecd ilvstravon, contained w the pamphlet copy of bis cecsiony, of the fret that Inaanity may be of grester or Wes curation, No man can measure it. It i# not neces. ¥ to Ox the exnet point of time at which it commenced, and at which it terminated Counsel here reserred to the caees Of Duy and darter, adjudicsted tn thie Court, 7,9, 5m © pamphlet, and to the charge of Joage Allvcn in the Shrricek case, In the Day care the sostruc- Hove to which he gpecially re erred. were drawo up by Mr, Coritee, and. obrerves counsel, it is remarkable hos noV ee of M io in that cage ts to the cirenmrtances of thie cage Fle only avked that the same truchons should be given vow. He hoped his friend would not Hint Mt uucostortable to see bis own that exme now made the ibeiruMent of the opposition. Wf en, he con! tymmpathize iy the spirit of the following the hve Fe the surne’ engie strat bed u the Bn Se eh ee ep a, no fester on the bere bis ows tal dart ben wi edjeoty to prove th of the we Unis e vide DOR rece: e be offere’ ws a fo Court Rad adunitted 1% tory Por what was “lbitve ewaa irtenced that te sbowid hor? If tis no Jjustifleation and 10 excuse, Whetbar it jo wnl the tra? The Court re- oo Two with reference ty the pate of the prisoner's mind, and Fo the counsel for the prorceution mist have feordes it when they made no ohjection to the burvavetion pf cvidvave to prove My, Key's ma panovrer, watebing, snesking, round Mr. 7 houre, siaboning biasel! my akon sence the mopumens (Jackson's) of one who’ whatever one may think o bi» polluical opinions, was ® gallant and breve man. That monument snould have beld in sespeuse bis depraved laets while he was standing there inspecting Mr. 5 ck.es? bouse wita an opera giasg. He might be permitied torefer in this coaneotion w the case of a young man who indiscreetly, zealous to ferve tbe purposes of bis county, made Dis appesrance within the limes of the enemy’s camp, witbin the territo- ry held by the enemy, was arrested, tried and condemn ed to death; he begs for the priviiege of a soldier's death; it was refosed him, and he was bung high on the gibvet: the commanding officer—that immortal man whoes name graces and gives digarty w the city in which we are as- sembled—refused the requeet, and Major Andre, in the flower of his tife, suffered sn ‘ignominious death, applied to him deliberately by one of the wsest and best'o! wan- Rind, becanse he was aspy inthe camp of the foe. But here was this spy engnged ip the bad effort to commit do- meftic treason, for wnich he suffered death—a death, the countel hoped, DO Kood man would regret. Tne counsel then stated in detail the circumstances developed in the evidence, by whieb the fact of the adultery had been made known to him apd Geacribed Mr, Sickles’ feelings, when the truth was forced home upon him. Mr. Sickle, said he, remarked the confidence he had vestowed on Mr. Key, he felt how he had been betrayed; all tue emouona of his nature changed into ove single impulse; every throb of bis beart brovght cistinctly before him the grest eepee of bis injuries; every drop of his blood carried with ‘hu sense Of Lie shame—ab inextinguishable agony avout the Joes ot bis wife--ap appreciation of te dishonor to | come vpon bis ehilo—a resi zation that the promise of his Youth murt be forever desuoye’—thet the future which opened to Lim go full of briliaucy bad been en- shrouded perbaps ip e ernal gloom, by one who, instead of drawiny the eurtuia over It, should have invoked from the good God bis greatest ¢tlulgegpe on the path of his trend, He remembered how, ih a city where he had come to abide af the guekt of the natoa—in a city Cistinguisbed for its #plendid hospitality—a city whieh for the time he had made his bome— ibe wan whom above all others he might bave expected to cherieb and sustain and protect bim, had proved to be bis implacable, bypocritical, treacherous and detestable foe. With that great sense of bis injuries be rushes out on Penneyivania avenue, and, aovgd & mau who every one knows, your Hower knows, the Jury and spectators know, is measurcd and mensy, ‘and even in his gait at or- dinary umes, be passes with’ all possible rapidity down Pennéylvania avente—be attracts the attention of Mr. Mohun and of Rey. Dr, Payne, a learned and estimable gentleman—his eyes sro observed—they are vacant in their stare—the expression of bis countenance is all al- tered—euoh of these gentlemen perceive some great AgOLY—some great sflvction—some great change affecting his raturc—ard so be parsestohis home. How do you sce bim therey What are the incidents of the Saturday nigh? In feverish unrest he paces that chamber of softering—more ferious than the caged and staved tiger—thinking throvgb the whole nigh? of nothing but these reflections to which I have alluded, and which darkened the past, the present, and the future, Think bow on that Sunday morni g he made this exbibitio. to which the witnesses have referred, when be saw Mir. Key witb his opera glags for inspection or for spying, with hia handkerchief to make the adulterous sigual, and witb the keys in his pocket of the houge in Fifteenth street, to which be was about to take Mre, Sickles at that momevt if be could obtain ber person, There was Mr. Key with all the weapous of morai death around him, going to moake war upon Mr. Sickles and his wife and cuild. is seen by Mr. Sickles. He 18 seen by Mr. Sickles to pass bis house and to wave this haodkerchief, and Mr. Sickles exclaime, as your Honor properly permitted to bs proved, that “that scoundrel bes passed the window and bas waved his handkerchief.’ Then he disappears from the vicw of all the witnesses until wo come w the scene of the homicide. Just before Mr. Sickles bop pessed. out of that house with the full know- ledge that that iniquitous salutation was given to his wife to leave ber child and busbeod on that Sabbath day, and to go and be polluted again in that house of bad repute in Fifteenth street, Mr, Key had been standing in front of the Club House, or in the park, with bis opera giags in bis band; he saw Mr. Sickles go out and pass up the street in which bis house is; at that instant Mr. Key goes round the other way to go eround Lofuyette square; Mr. Sickles is now 4 and Key may be a litte bolder; he may have a httle less caniion, and more courage then ordinarily; he ig now cer- tain of bis vieum; he the handkerchief, the opera glass, tho keys, the locke waiting to receive them, the in- tent in his mind boing exclusively to employ all the re- enurces of bis physical and moral nature to commit the act of adultery; Mr. Sickles sees him thus, as all of us, his "counsel, undoubtedly* engaged within ebe meaning of law, in the act of adultery; he sees him engaged in the act, as one of a sct of burglars who watches at the corner while bis confederate is breaking into the vafe of an unsuspecting mercbant |g in the contemplation of the Jaw engageo in the act of burglary; Mr. Key, with means of thus baving the person ot Mes. Sickles, is there approaching the house of Mr. Sickles, auppozing thet he bad entirely eluded the latter; he is eager, us he thought certain 10 obtain the wife. At tbat moment he ts met by Mr. Sickles. If that be not taking © man in the act of adultery [ would like the learned counsel for the proge- cution to tell me what it was. And if Mr. Sickles, bav- ing a weapon in his possession, which be had been ac- customed to carry for reasons which we need not de- clare, with the realization of all there facts pressing down with terrific weight on his mind and heart and soul, thus roeeting Mr. Key, and understanding thoroughly the vile purpose of bis Beart, was not to st him, I ask my learned brother to ‘tell me what he was to do. I would like to ask all assembled humanity what be was to co}—to bid him ood morning? to paes him silently by? to avert bis eyeY Daniel E. Sickles, a man of unbdlenching and unvaried coursge, ae T know from the past aesovia- jong of our lives, let Philip Barton Keg beheve that he covid net only reduce bis wife, but cow him. If he had come svytbing more or Jess than became a man under thess circurretancer, Whatever may bave been the intimacy of our past relations, Lwould have been willing to see bim die the most igromivious death before I would venvure to raige sbything in bis bebalt but a prayer to heaven for the saivatiol which after death might come. (Applause) He did me et bn het bim under the iniluence of intense pro- vecution—provocation fresh upon him; and here, your Menor, unless 1 bave totally misunderstood the ivdisputa- cle taeta ip this case, ths question of cooling time atsap- yeas entirely, it, ideed, there is apy such thing ss coollng time applicable to su a case, Tt wae not thought #0 in the case of Bowyer, wheres month intervened, tnd it was uot thought so in the other anes, where a ‘onger time intervened. With all defe- rence to your Horor and to my learned oppouenta. I re- spectfully submit that the porage “cooling time,” bas no Kind of application to such # case a8 we have here, but is confined 10 ceees Of combat, collision, allray and physica! violence between two covtending beings, We kuow juet ae wel! as we kuow that there is breath in our bodies, that iL ie idle to talk about cooling time ja relation to the husband who knows that hie wife bus been seduced, whom he pressed closest to his bosom, and if the lawe of she iand do say that there ‘8 any time io a career of twenty millions of years, when the indignation of the injured husband grows cool in relation to the adviterer of bis wife, I hope 1 am not trreverant im suying that those laws of an are in Girect hostility to the unmagable laws of God. Ip this connection, and in reference to th’ sub!ect of maiice which bere naturally associated itse'f with the queation of cooling time, coungel referred tothe case of the State agninet Will, Ist Devereux, and Battelle, 165, ana argued ibat, in view of the exclamation made by Mr. Sickles at the moment of the homicide, that the deceased had defiled his bed, the presumption of malice was al! gone, snd in the language of the Judge in the case referred to, “the act must be referred to the present and declared motive, the eflect 10 118 iInmediate cause, and not for light reasonk to any preconcerted purpose.” He argued that there wae bo evidence in this case that did not necessarily exclude the belief that Mr. Sickles could bay» bad any pre-conceiyed motive, nny malice or rny debberate desire of revenge a8 against Mr. Koy. He reterred to the cue of the Sta‘e against Mann, vol. 10, Mumpbrey, p. 529. ARto the question of provocation he eailea hie Hovor’e attention t the following from Biacketene's Commentations, vol. 4, chap. 14:— Ot which life, therefore. no man can be entitied to deprive bimee! or azother butt some manner exther expresaly ‘com. f or evideo' Inciable :rom those Crrater has glgge an, tke Livie ins pias cad T mean of e: nature or revelation ” Socond, in some cages horMerde 1 justifiable, rather by the permis *on than by the absolute command of the law, either for the advancement of puolic justise, which, without such indemnification, could never be carried on with proper vigor; or, in such insancee where it is committed for the prevention of some atrocious crime which connot otherwise be avoided.” He spoke of the well known privciple of law, that a man may be convicted of rape even on a prostitute, and that she may, in resisting the aggressor, take his life, But, be continued, hear it mon of the uxiverse, hear it men of the United States, that it is clasmed that a mun ie bot permitted by iuw todo anything for the prowetion and vindication of his honor; he cannot ba raped, bat bo can have the greatest affrent put upon his right; he have the reiatious between himecif and his wife violated } contract between him aud his wife im by the ruthless hand of the adal terer, hie cap bive bis name made a byword and a reprouch, apd can bave bie wite reduced to a thing of sbame, ood cerpot raive bis hand to prevent all this—he cui bave what more? Look, your Honor, at' Daniel &. Sickles; look at Teresa thet was bia wife;’ look at the woman whom I knew in ber girlaood, in her fanovence ard for whem mp the past, as how, T pray tne good and mercifv) interposition of Heaven to make her fature life a rovrce of happiness, and oo more apguien than ie inevita. ole for the repentance to which ber Lie should be devoted! Tack at Mr Sickles, and look at that poor g, tively, altbouph the mother at a child, she ceemble to ine influence of w roaster tatellect, though the ephere of its mastery be even ic a region of reduction Audi jook ot that young child, standing between its fathor and its mother, equa'ly mfloenced by the great laws of the Crestor to go toward either, and destinea to iesve ove, No judgment of Solomon ¢an prevail bere; but, perbene, as ir Ue case of the rival mothers, 1t might ba ter to divide that poor enild in twain, and leave ono- bal’ at the feetol each parent, than let it live from the period it has now reached. Look at that case upd say whether you may break into thesanctuary of a man’s heart, rifle tbe treasures of bis home, betray the friead who hag copiiced in you, outr bis hoephatity, bring snamo upon bim, leave’ bim aimoet hopeless a wanderer in tho world. Now, what says Biacketono on that subject:— “Lough it moy be cowardice in time of war, between two independent vations, to flee from enemy, yet, between the two fellow subjects, the Jaw connte. nances no ench point of honor.” Why the naiveté with which Blackstone always explains a privciple of the common law, and with which, in this cage, be appropel- ates to the Saxons that which they gever had, this very wal iy Maid} which uli who investigated ine aubject know belongs to the Continent, is developed in stating the reakon Why ® Men cannot protect hin own bonor, Becauee, eeys he, “the King acd his Coorts aro the vindices injuriarwm, and wili give to the party wronged wll the satisfaction he deserves,” This is vkeione. is it the duelo? Now, ja it not more consistent with the avalogies of the law, more consistent with the mari(ni relations, its dution, rights and roaponal- bilities; more Conretent With the etructure of our govern ment ohd the character of our peopo, with our babite, ger, thoughts, feelings, xenvinenws, principles, to adopt fhe relations for which my brovwer Stanion contended with so muh power? Tr there aoytbing in the lew of tae and Inconpiatent with bi# great conelustn—a conclusion which all of us arrive at--that thia ciroumstence of oan. Sent, employed to distinguish the cape of a ravager from ‘a girl, ao- Sokol on suiaarer, can make nb Mifansnee ie reste consequences, ualess it can conse! the wife to the po of ber person is not ovtained by & fraud on the established relations of husband aud wife. fraud in law, then? I do not know on what view of | duty, of society, or of legal principle any such aspect Of the case is, or can be presented. District at Then what is the difference between Wag end ra) ray ply that one is made indictable by law, and punished with serious consequences, the other is uot. \ So fur as the husband i concerned it is utterly unimpor- | tant to bim whether the offince of the party polluting his | Wife is that of a ravisler or an adulterer, except, as Was | well stated by brother Stanton; the party committing the adultery superadds to the detlowering of the wife, the be trai of all the trus: and confidence reporrd in him by the hurbang, end then, jn # moral point of view, the adulury becomes the greater offence. And, inasmuch as uo use of a man’s wife can be made by reason of any con sent that the gives, the man who doos take and prosti- tute her to bis lecherous purpores, commits a fraud upon the law, afravd on the relations of husband. and wife. and afravd upon the husband. The consent of a child five years of age to taking artieles out of her father's houge no more avails the thief in such a case than the consent of a woman avails in leesenivg the crime of a se ducer, This brought him to another of the instructions, ‘The question ag to whether, there being doubt on the ques- tion of savity or insanity, ‘that doubt belongs to the pri- poner. He would not stop to read the case of the People against McCann, decided in the courts of New York, where it was fully upd plainly deiermined that, in making ovta cate of murder, it is as neseserry fur the protecution {0 prove that the prisoner was sane, 48 to prove any farther fact. He grauted that, there being no justification or excuse, the law presumed malice, aud the prevwmption etood for proof; but when, in regard to the element ertential to constitute the crime of murder, doubt was thrown on the question of sapity, that iss doubt atieovng the case of the prosecution, Whether ‘tbe doubt reluted to the fact of hilliwg, or wo the samty of the man who killed, was utterly immaterial Be | underetood that that question had been mooted before | bis Honor in the cases of Develin and Ogle, and as his Jionor bad coneidcred it he would abstain from any extended remarks on that particular point The JuJge—The case was made and decided at the last June term of this court, in the case of the United States againet Develin. The Court stated generally tbat the benefit of the doubt belonged as muc% to the question of fanity or insanity ag to any other matter involved. Mr. Brady—Then, your Honor, I have certainly nothing more to say On that eubject. ‘The Jud I think when the case comes to be examined there will be authority found for it. Mr. Brady referred to some additional authorities, and proceeded fo discuss the question of insanity. He alfadea to the fact that the last report on the Lunatic Asytums Peppsylvania ebowec that of the inciting causes of lasanity that which was by far the most frequent was domestic afilicticn; whether that result cerrespouded with tue re. sults obtained from other timilar inetitutions he was not prepared to say; but he did know, and ull men knew, that nothing wounds the spirit of aman more than that which as- sails hin, in regard to his place of refuge. When, proveeded counsel, we are fired of the world, fatigued with employ- ment, despairing, sick at heart, or d:eeased in body, home is the place where we expect to find comfort and repose, and solace, and sweet society; and that which aseails us there is the deepest affront that can be put upon us. In allustration of this, { ask permission, your Honor, to let the refaigenoe of one of the stars, to which the District Attorney playfulty referred in the course of this case, be shed for a moment on my path. and on the path of investigation which the Judge, and my learned opponent, and the jury, are to pursne. I entirely acquit my learned opponent of having inteaded . Opening of ‘Trode with Japan, pa ay ov THe Osrrey States, Loxpow, April 8, 1859 Bine-T am pleased to be able to acd another evidence of the forecast, energy and enterprise of our commercial marie, ip the arriva) of the abip Florence, of Boston, Captain Dumaresq, at this port, from Nagasaki, in Japan, trom whence ebe sailed on the 17tn of December last, with a cargo ee of vegetable wax. This arrival from Japan = ret that has ever occurred in any Engligh port, and it is grawfying to state that there is every probebility of Cantam Damaresq realizing cent per cent upon the whole of his outiay, The wax and the berry, Or fruit producing it, hey previously unkoown in this country, and deeming i probab'e that it would be ap equal novelty at your Department, L take the liberty of sending to your address, under separate covers, specimens of the wax end berry—tue latter Ing in ciusters simi- lar to grape clusters, on tree ‘ying from fifteen to twenty five feet in beight. the co#t of the wax delivered iu London ie about eight ‘oliars per buodred weight. The experience of Ls ptaiu Dumarerq Proves tbat the vege- table wax bears without Hottning 4 greater degree of at- mospheric heat thap any other wax be bas experience of. The Japanege mode of prevaration of the wax is said to very ruce; the berriee being first washed by rude ances, then boiled, when it 1 formed mto cakes of thirty unds,and subsequently dried mm the sun Should the labor not be too costly, there is every probability that the treo might be sucvrsrfuliv raised avd the wax maat tared in the Southern States ROBERT B. CAMPBELL, Hon, Lewis Cass, Secretary of Susie, &c., &0., &O. Court Caiendar—tnis Du; Supreme Covnt—Circvit. — —Noe 154, 1274, 1256, 840, 1612, 1548, 1548, 155: 1656, 1058, 1566, 1668, 1570, 1674, 1676, 1574, 1680, 18: 1bf4, 1686. Part 3 —Adjonrved for the term. Superior CooRT —Noe 148, 233, 120, 90, 301, 320, 322, 65, 042, 786, 4 841, 843, 946, 950, 861, 362, B64, 955; 867, 069, 360, 861, 362, 963, 967 —_—_—_—_—_— ee Married. Browx—Mesker.—On Weonesday, Apri J. Sawyer, D. 0., E.G. Brown to Miss both of this eny. Craxpali—Rnongs —In Brooklyn, on Tacstay, April 19, by the Rev. Dr. Covler, #t the residence of the bride’s fa- ther, Nathan Taylor, Heq., P. M. Ckanpat to Magy J, Ruopes. » Don—Disosway.—At Richmond Vailey, Staten Isiand, on Wednesday evenme, April 20, by Rev. ©. 8. Cow, at the residence of the brides father, Mr. Wiiam L, Don, of this city, to Mies Susan A., eldert daughter of Peter W. Dissos- way, of the former piace. Ganpykk—GrirvinG.—On Monday, April 26, by the Rev. T. L. Cuyier, R. M Ganpwas, of New York, to Miss M. B. erin Whioy “ln Rrookiy, E. D.y_ on Sunday, Apeit 11 —WiLony.—In Brooklyn. 5 08 10, by Rey, Alva Guion, Mr. Rowm’8. Un, of boaton, Mass.,10 Migs 8. Francis Wittosy, of Peterborough, N. H. i il 20, by Rev. 7. Ganner Mesken, op papers please copy. lonMes— HxKnick —Oo Sunday evening, April 24, by the Rev, Father McAlear, Tuomas Sypver Howes, Eq. Bre. 1LL4N BERRKICK, RexpKk—Axetey.—On Monday, April 26, at the resi- dence of the bride’s father, by the Rev. Caleb 1» Fe tor of the Oburch of the Nativity, New York, FaRngsice Braver, of New York, to ANNA M., daughter of Andrew weley. SCHRRMERHORN—GsrEKT.—Op Monday, April 25, at the Cburch of the Holy Communion, by the Rev. Dr. Muhtea- berg, axsisted by the Rev. F.’E Lawrence, Guoacs 8. SCHERMBFRORN, Jr., to JuL1A MAGDALEN, youngest daughter of the late William N. Gibert. Vay Pari—Livpsay.—Ov Wednesday, April 20, by Rev. apything unkind in his allusion to the dramatis personne, tp which the heavy gentieman, and the hight gentlema and the walking gentleman figured. What particular pact my Jearned opponent intended to assign to me, I have never yet been able distinctly to understand. Wheo fam a member of any theatrical corps, I sucerely hope T may have the benefit of bis association. (Laughter.) His achievements on this trial show thut if the stars are to shine, he way take hig place inthe galaxy. It is true that a number of learned gentlemen have come here to the defence of Mr. Sickles. Two of hem came ‘rom his own State, of which they, like et Dativee—my brother Grabam and myself. Gen- tlemen from other States are bere, aud there is one bere, at this table, one of my cherished friends, tno friend ol Mr. Sickles, who came here ag we who are from New York were expected to come, without feo or reward, or tho hope thereof, to offer up in bebalf of his friend Sick- les, in this hour of his trial, that affection and devotioo, which he once tendered in behalf of his native land, and for which, as a consequence, he, like Mr. Sickles, ‘was placed in the criminal! dock of his native land, aud subjected to the concemnation of death. In the share I have taken in this case I have becn permitted to avail myself of the great services of the gentiomen around this table, and in the address { have made, 1 have endeavored to speak their sentiments, thoughts opinions. Iam sorry indeed, if under their instruc- tions, I have boen Jed into anything erroneous friend and brother, Meagher, to whom I have just refer- red, and who gave a dignity to the criminal dock in his native land, which I sincerely bope may be im- parted to thie dock by the presence of Mr. Sickles on ‘this trial, has asked himself, in relation of that condition of Mr. Sickles, how it wag produced, and in relation to the principles of law which aifect it, Imme- ¢iztely on the scene which occurred in this Court, of which none of us have lost the recollection, he insti- tuted a legs! mquiry and made 2 suggestion which, as his construction to the cause of bis client, I shall quote as quite germain to the matter in qigcussion. Mr. dy then read to the Court the following from a manveeript Mr. Meagher’s: ‘In connection with this subject—the siate cf mind in in which Mr. Sickies committed the act for which he stands arraigned—you recollect whet occurred in Court on Tuesday morning, the 12tb of April A cistinguishec gentleman was on tbe stand. In distinct and emphatic words, but neverthelesr, with an emotion which it was plainiy perceptible he controlled with severe difficuity, he told us of the distraction, the bitter wo, the wild ceeolation, the frenzy, the despair, the strange, unut- teruble, uvearthly agony in which he found Daniel E. Sickles on the afternoon of that memorable Sunday, the 27th of February, He ecemed, said this distin- guished witness, bis own eyes und heart filling up and overflowing as he recalled the eccne—he seem- ed particularly to dwell on the disgrace brought upon Lis ebild. These words set free the tempost thet bad 0 long pent up. As they fell from the lipe of Robert J. Waiker, there occurred, here in this very Court, a scene which, from the memories of those who witpersed it, never wili be, never can be, blowed out, All eye® were turned to the dock, every eye was eager, fixed, dilated, quivering: and there was he—he who from the firet bour of bis imprisonment down to ‘the utterance of those words, had borne himself with a heroic calmness, enddenly overcame and racked with relentless grief, struck down as though he were himself the motherlers and houseless child for whom be wept, smitten to the quick and beaten to the duet, drenched in the gall and wormwood of a tribulaticn the depth of which no mortal band cap sound, and over toe subsidiwg flood of which no arch of peace can ever ghine, There was he, the avenger of the invaded household, of the more than mardered wife, of the move than orpban little oac—there was he, in au appallivg moment of parental agony, subdued at last. ‘wk of the mind ciseased—talk of the circumstances which unbingo, upect and madden it—talk of the distrac tion m which a ruthiess perfidy had piunged my cheat and my friend—taik of his condition of irresponsibility when he cealt the fatal blow—talk of this, and with yoor worrying interrogations strive to elicit the recollection of it from there who, themselves the witnosses of it, were themselves agitated as they never were before. (Here we are compelled to break off our report.) Remerkable suicide. SELF-MURDER OF A VICTIM OF THB BRESLIN-GIR- SON DEFAULTERS, [From the Columbus (Ohio) City Fact, April 19.] On Weonesday night laet, Achilies Tulier, er of a gentleman of that name residing at Dubin and Worthing. ton, in this county, committed suicide at hia residence in Mount Vernon, Ind., by blowing bis brains out with a Pistol. The case of Toller 1s rather @ singular one, and We regret that the crow fed state of our columns to-dey reudere it pecestary that we sbovla merely state the fact. He was formerly a resident (wealthy and reapected) of ‘Tip, Obio, having im preceding years amageed a compo. tency’ in the brokerage business. He married « fine, aminbic lady in Stark county. and no perron seemed to enjoy hfe more than he did. “His first trouble commenced about the time that Bresiin’s term ag State I'reasurer was expiring, apd when the combined efforts of democracy ‘and republicanism were put forta to revere the nomina. on’ on the repubiican ticket of Wm. B. Gibson. The Wealth, sugacity and influence of Tuller was needed; and what was then the gerta of the great defalcation by which aimost forced to bankruptey was broached to him and bis co-ope solicited. Tuller objected, re fured, and doring tbe canvass lett no stone untarned by which he might pe enabled w defeat the swindle by de- feating the nomination ang election of etther Breslin or Gibson. It is aid thet letters weitten by Tulier, predict- Ing the #ad_ results which mugt ensue, are stil’ in oxist ence. For tuis course be was subjectst to perascution and batred of the most malian; form, bimself aod funni Jy traduced and villified ana threatened, unui he Was com- polleo to leave the community. ‘Thence be removed to Pitsborg; etill the muaheious slandere of bis énemies followed him, and be was looket upon with scorn, until be could bear it po longer, spain with bis family he removed to Ohio, settling in this county. His residence was soon discovered, and for a third time it became necessary for bis own eafety that he should emigrate. He aid #0, aud without telling even bis ‘Most intimate friends of bis whereavouts, took up his rest dens in Mount Vernon, lod., and holding intercourse or €ommupication with no one in relation to hia unfortunate Past, livis.y in the serictest eeclusion and under an assam- ed bume, away frow bis own and bis wife’R friends, At the slated times during the seseions of Common Pleas Court in this county, when the trial of Gibeon would pro- bebly ocour, Tuller would be bere, a datly visiter at tho Court Houre, witb the avowed intention of giving testimo Dy ugainet bim, [ut the cases were invariabiy continues, wad Tulier would retro to hie family and peciuaton, refua- ing to inform bis frend here of hia destination, except in anewer to their repented inquiries, replying, 1 am going home.” The cauve of thir last fatal act on the part of the unfortunate man may probably be traced in some raanner to the recrets and intrigues of Obio politictans, The bro- thers of deceased bave been notified of the suicide, and the remains, accompanied by the bereaved widow, are expected to reach bore to-morrow, Derartore or tar Wanperer.—Thia famous verse], whose name has spread as far and wide as that of the old Constitution, having been thoroughly cleaved, fu- migated and painted, ret sail yesterday upon a bona ‘fie pleasure excursion, and in search of a market. Tho pity Po board consisted of Mr. Lamar, hor owner, and & for friends, and they proceed directly to Havana, where ahe will be offered for sale, If it should be found’ impr blo to obtain the Ogure at which ebe is held at that port, she will tack about and set eail tor New York, Te voya’ gers bave our bent wirhes for x plensant trip acd safe re turn to their homee,—Scvannah Republican, Aprat 22, Derarturn or tin WINNEDAGOeS.—The Wi Dago delegation which have bern in Washingt ah 4 their departure, on the 10th inst, for their homes in tho far West, They were accompanied to the depot by Com. minsloner Mix, and will spend w short time in the olty of Mr. Haskin, at St. Mark’e chureb, Williamaburg, B. D. Van Paxr to Vicroria K., daughter of David Lindsay, Eaq., of Bergen Pot. Vanoxa—HEnniques —At St. Stephen’s church, by Rev. Dr. Cummings, Josz Varona to ADELE L, L. HENRIQUES, daughter of the late J. M. Henriques, Birth. Cor1x8.—On Easter Sunday, April 24, in Amity atreet, the wife of M. W. Coutivs, Heq., of a son. Died. Barnvm.—On Sunday, April 24, of ba paeree| of the lungs, Fraxgius Wats BakNvm, only child of Joseph I. aad Theress A. Barnum, aged 9 mouths aud 20 days. Uur darhng boy, our bright eyed one, ‘So beautiful, so young to dio; How many Jond and withered hopes Upon his litue grave will lie! The friends and relativen of the fumily aro respectfully invited to attend the funeral, this (Torsday) afternoon, at four o’clock, from the residence of his parents, No. Bunk street, Pe Bucs Sunday, April 24, Avavervs Baprozp, aged years. The relatives and friends of the family are respectfully Invited to attend the funeral, from the Dutch Reformed church, corver of Bleecker and West Tenth (late Amos) streets, this (Tuesday) afternoon, at two o'clock, at purcbens end Rock! lease oor. tcbess an land county papers please copy. Brown.—At Cold Spring, N. on Friday, April 16, J. Mitts Browy, comeciay, 1p the 77th year of bis ig for aby years altached to the Federal street ibeatre, Boston, Boston apd Washingtov, D. C., papers please copy. (CHarman,—On Weovesday evening, April 20, at the re- sidence of Mr. Edwin Lawrence, Salisbury , Long Island, of pulmonary complaint, Eiuza Carman, aged 64 years. Soe hs Sunday, April 24, Euzanera Cuingy, aged years. Her friends and acquaintances are respectfully invited to attend the funeral, tiie (Tuerday) morning, at ten o'clock, | from the residence of Mr. David Hoyt, No, 257 Division | street. Doynr11¥.—On Sunday, April 24, of consamption, Jom E. DonvELy, eldest 800 of Patrick aad Catharine Donnelly, aged 25 years, 1) months and 6 aaye, ‘The friepas of the faaiiy ure respectfully requested to attend the fuveral, from bis tate residence, No. 16 Monroe street, this (Tuesday) afternoon, at one o'clock. No car- ringes allowed. Eyvis.—On Monday, Apri! 26, Mrs. Rosayxa Ems, ip the bist year of ber age. ‘The friends unu reiatives are respectfully invited to at- tena the funeral, from ber late residence, No. 9 Vande- water street, at two o'clock FnzGRRaty.—Ou Mowowy afternoon, April 26, of disease: of the Jungs oxGE EDWakD, top of Mr, John Fitygeraid, eed bye His remains will be taken to Greenwood Cemetery oa Wednessay morning, at ten o’clock, from No, 263 West Forty eccong street, The frienos of his father, and thou of bis grandfather, are respectfully invited to atvend, Frzvatmck.—Un Monday, April 25, ELLEN, wite of Timo- thy J. Fitzpatrick, a native of Kijuabulia Coherbee, parish of Kilmeen, county Cork, Iretand. ‘The friends and relatives of the family are requested to Aliend the funeral, from her jate residence, No. 66 Mal- berry sirect, this (Tuesday) afternoon, at one o'clock. Her remains will be taken to Catvary Cemetery for inter- mert. Garrxgy.—On Monday, April 25, of convulsions, Mary Garrery, oged 8 monthe, ‘The friends and acquaiwtances of the family are respect fully invited to aiterid the funeral, from the residence of her parents, No. 26 Rose eurect, this (Tueeday) afteruoon, at two o'clock. KENxEDY.—On Monday, April 26, MarGaner Kannapy, | aged 62 years. Ber friends, and those of her eons, John, Jeremiah, Pat- | rick and Daniel, are requestes 10 attend the funeral, from | her late residence, No, 68 West fhirty-fifh street, on Wednesday morning, at nine o'clock. 7 remaios will be taken to the Church of St. Francis Xavier, thence to Calvary Cemetery. Limerick papers please copy. MoGume —On Bundy, April 2%, after » short illness, Mrs, Jane MoGurex, wile of John MoGuire, of No, 802 Se- venth avenue, aged 34 yeurs, ‘The funeral wil take piace on Wedoesday afternoon, at half past one o'clock, trem the above residence. Mrexrnve.—At Beatord, Westchester connty, on Wed- nesday, April 40, of hooping cough, Fannig lake, daagh- ter i dobn J. wbd Julia Messerve, aged 1 year a months. Pearson —On Monday, April 26, of consumption, Mr- GRORGR PRARMON, weed 43 yours, inte of Sbeifield, Kagiand. y Lis relatives and fiends are respectfully mvited wo at tend the funerai, from bis tate revideuce, No. 70 Main Jay afternoon, at three o’cloce, Sheftield (pgand) papers pleane copy Piers —Up Sunday, april 24, Olivia PHeLPs, widow of the late Anson G. Phelpn, Senr,, in the 7éta year of her age. ‘The funeral services will take place at the Mercer street foe hg eburch, on Wecovaday afiernoon, at four o’oloe! ¢ friends of the family are respecttuily tavited to attend, withost further notice. if PurNnaM.—Ou Monday, Aprii 26, Gertaupm, daughter of Lie) Jate Stopbed Putnam, aged 18 years, 6 months and 23 | lays. Notico of funeral hereafter, Facxry.—On Monday, April 26, Axme, wife of Patrick Rigney, aged 92 years | ‘The friends abd relatives are invited to attend the fune. re}, from No. 170 Taylor sweet, Brooklyn, E. D., on cdpesday afternoon, at two 0 clock. | Savae.—On Monday, April 2h, aiter & long and hinger- | ing diihese, Which she bore with Christian forcunie aud Ferignotion, Cahn Grawan, youngest daugnier of Nathaa | ano Sura Sayre, ago | “8, 4 mooths aad 1 day | Rer friends ano me quam those of the family, of | her brether, Zanes H. sayr of her brothers in-law, | RB Butebinge mud Goo &. Crary, are invite) to atten the funeral, trom the fidence of her parents, No, 74 Fourth on Wednerday afternoon, at tao o’ciock, | Her remeine wil) be taken to Greenwood, | FIRGAL —I0 Jersey City, of mptou, Mrs. Mary 8, = wile © Jobo Stegal, ages yours. Jor remains will be taken to Carskill, N.Y, 5 wilt Y., for inter: Swart. Sunday, April 24, alter o iMbess, Which she bore with Chrutian { Swan7, agen 6) years Dearest mother thou art Far from tne world o Jong ant ltogeringy ortituae, Scaan W. ‘The Lord bas said “Thy work ie dor no, Come wp;"" he’s bewrd the prayer.” ‘Tho relatives aud trendy of the tumily, those of Ber won, Peter W art, abd the members of the Independent Dawghiers of Good Samaritan Lod Samaritan Lodge No. 1, of whieh ae. Chased Waa A ember, ure reEpe i fem freeraes thee noe © rekpectully Invited to attend )) afternoon, at one o'clock, her late reeidence, No 106 Suffolk wtewob, Hor relwann Will be interred in Cy proes Hills Oometery. Varzxtvn.—Suddenly, in Roslyn, Ls cal Phra, wife of bf Vaienune, aged 68 y ¢ Tala veR aod friends Of the family are inv tend the funeral, to cay (Tuesday), at twelve Hered from Friends? meeting hwure, Westbury, m Watson.—In Brooklyn, op Saturday, April 28, James *1 id 23 dave Watson, aged 47 years a ett th Greenwood, i remane were Hite i, April 24, after a long ¥ ay morn and wevere diners, Mienar, Wieenen od 64 years, county Westmeath, ead tive of Fines, i# friends And weqnK nimi cow sons Aavgbters, and tke nemmre of Norra No. 19, A. PA, are respect from bik late vemdence. Nov thin (Taeeday) ate Yarns —Of convuisions, Prawk At Walter A. and Ontharine A nnd 16 daye ‘Tho friende and relatives of the*wmily aro ri iy invited to attend (he funeral, thin (Pyowamy) noon, 08, réeond Fon OF Yaues, aged 4 youre, 9 mostng New York on thelr homeward way, from tho residence of bi parents, Yo, 669 Houston By eut,