The press. (Philadelphia [Pa.]) 1857-1880, April 11, 1859, Image 1

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.11.arket,
.604
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• •
114);_,1114) NORTH THIRD STREET,
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iferkIf.ARITTEItiNICT ) , ,, •
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ATTENTION OP /*MB
- C7,AWBELX, & CO.
174taittsrs - sad ITholesithi-Dealert
ttA, - cscop.ries
ZARINS,
WHIT' 000 D.,,,
nelluilut, is.
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, S - AiIIYWHITErPRINTED.JACONSTI3.•
SOLID ABIAOICA,A.I,I‘S AND - 7A(IO.NET§.
lidela4el Woes
jOl3l-I'l7k
.4-
,IftikiaTEß :AND' JOBBER)
No:`218
E ET,
spit if' •
_
FITHIAN, JO NES, 8c CO.,
DlJAtsita,
=EMLEI
+tO=RSIQN AND OMB STIO
DRY 'GOODS
R is E T ,
you dams b5ira,!9101.4441.4,1'61%
- -,Qtarpttinsz
4 * t 'POP , A 2 4!WIFA9TART - ,
t•,,WILER-1 , 454,-.lyl.OSS' ? - •
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'•
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I ,o , l 7 l ML4e 4 4 ll kaX o ii II taste. „
2filittht* Ole Altilegbeiill
thkiliA, 'thth , Atr:" wadi :es) Jr Me
-ceithuTt'N . *eilfiit`Tbe ieseethetheettoil the
tai NH*Ol l llOO Ocelot= **NA;the IlsiAkirseing
Depthekiat eas eh, Nithestiste are esepthieCt,-,
,
,
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VOL 2=,-.N0...216.
NEW YORK 'SHOE HOUSE,
BOOTS &
-198 BROADWAY, • •
•;,-;
kiRW YOTtlx.
Miami inisoN.LateXni- N Y.
artaPiToohroie,fft Col, Wu. 0. oLaoostr, - N, Y
Batton. ' Gs°, P. Boston.
obbeto
HENDRY. & HARRIS,
1141111111A0TUREBB AND WHOLiMIJI 1911AMMEI
BOOTS ANI, SHOES,
N.' W. COB: THIRD AND ARCH -STREETS
WHELA.N
,WHOLIOALI DIALERS
r,4,...
G00N:.,.
1:. f1:1 AARRRT' a T4I,I;;
~,r 4 ,
BO .11 "', i , .1, • • " , _
'-' - • WROLESAIAII .
' BOOTS'. AND, SHOES,
~'l l B2 *ARN.ET STREET,
fe24.Bin ' UP STAIRS. .
BOOTS AND SHOES ! •
the Suborribers hare completed their
S 1 : ',11. IN G STOOK
::BOOTS -AND SHOES,
Phlel They are . prepareeto offer at the lowed, prim,
'me Ode emit berme. •
.YAP{-DI7SEIT,.SMITH, ,& .00.,
403 MARKET STREET,
Above fourth, up stein.
WILLIAMS & CO.,
BOOT AND
~Ii( 0 313
W.A.ii,EIIOt7SE,
,No. 18 SOUTE! / 1. 0178 TA STIOET.
'6141-2m
JO5. TWEOISSE 4 I3O/V air 00.,
WHOLESALE - •
BOOT AND SHOE
waiEsousx,
.*.:414141411T STREET.
',V', A Isigio ind gifaNit aiiiiostment of lidera' and
Ottpttiado Shoes censtantly on febl4m
HILADELPECLA. • ' • -
'I3OQTAND SHOFA
A , * B, F-A:0 T., 0 It Y.
; f l.5(5N ' " • ANG
:-!11 . 9 , 11,' NOR. TA - 1/0:1:11thl.:11T SE Ti
7 ;)ovi, oa head U -lastosortiiieat;or lultaaP E
' ,ol ths oo 4; 0 44 e4lilleal • •
:•- - , •
'••• ''.
f L eh tki heehr, to be Med in the city. at the
lloWeat pries,. . mh9.l3xt
, 1869.
at et.pitrprxivazs,
.Im . oxf4ALE /*AIX= XiR miaruleormulas
STR&W BONNETS AND HATS,
BO9TS, SHOES, &C., ea.
. .
-Being pipes&
offer 'se' great indneetoente to
Wylie'Gelatine In - sej other market, Witte aneV
lainittatton of Siff
84 NORTH FOURTH STRE:ET,,
Mai the Merelute Hotel,lladelphiA
LEVICK; BASIN, & 00.,
BOOT AND BMA WASEHOIIOII
No; bf 6 341;tKIIT fiISEET, Philadelphia,
WOieve now on hand an "atone:vs stook of Boots
end allkani; &sainting's, of our own end Eastern
ifaialeetnrec inners we lova. tat , attention of
floottnni and li,eirt!rmWt7ers,,, : febl4in
H 1 N.O H 'BOOTMAIKER.—AHGUST
F
BICKER, N 0.185 North rout= Sttiet, re.
I
pectfully teams the public 'and COUTHEAN and
l I VESTRAN MEROTIANTB particularly, that be con
tinues to manttracturs Fashionable Boots and Shoe. to
order; assuring those who patronise bbn, that he will
guarantee that his work will give satisfaction. both as
regards superior .firdsla and , excellence of material.
Priam reasonable . " fal6-11m
tabiest ilDreiso 45-d:um-jigs.
TORE - AND FACTORY,
ELEVENTH AND CHESTNUT STREETS
SPRING' TRIMMINGS
APBNED
T'ES RPRIRIG SKIRTS,
Z Tu P X-X "2"..
A FULL FRESH 81068
MAIN AND BEADED
J. - G._-MAXWELL & SON,
OTIM AND NALOTORY,
B• PiEVENTII AND ,ORESTNTA EaRgETEL
)321431.-thatu&w.Bt
SO - A;. , E:EMPER,
c 33 . SoimillOtatTlf STREET,
, Izapprt/ois and ` Wholesale paalers In
LADIZEO DRESS - TRIMMINGS,
"Latest* atteatlon of MN Trade to their
iidaadtd , alsortnientof PRENOII POMPONVETTA,
sod: AIDIRICAIC TRIMMINGS,
MSG PINDANT BUTTONS, &a. -
w. ars prepared to azeouto large" ordera for flllk arid
Itsireilllielrb3gee; Tsaaell, Cordikliattone, &e., at our
own Cabs gin
=Ol
DOUGLAS & SIIERWOOD'S
:2;: PATZNT
- . - TOVRNURE CORSET.
- 'This article combines to ono garment a 00B8BT OP
111IPERTORtHAPII ANDO/IRISH, ands BEISTLI OP
PERVIOT MODPL,ansuting free and heslthful canon.
tei the lung., and comfortsble support to the Opipe.- It
bas.been swap:mad all'whtt have seen it (among
whom ara..sewarel; eroloint - niembinf of the Medical
pgepltn Uhl the Ditty Corset without au objection,
witherartßAlC of phystologleal. No lady con well do
wltboat it:
D. 4a , 0, VIII manufacture the* well. Mom*
',
Bit/04316A BIU.RT. -
AiRO, the celebrated - . _
extraT,
wbleLi44. o 6C;MPOßtand ELEGAt*O/I Is nasurplasat,
togatjalar,tritti aa;aanty Other dleilient style*, all of
irbleiiiireldr ails at ' 'the principal stores in the Um
led PAW Sid OssiAls'e All artless of their manufseture
' AZIEFSTAIMID WITH' TIME TRANI MAKE.
1 reedilainta - -
I -1 - 10NFECITIONERS' ,triltlTSlLS;=Vacto
./_,:7l,,tka .Btrgro Itifiiiii: of every deoorlyttor2, for
milli_vo l w*osp at 1111NBIONW OortfortJbnorl, 712
SAO Iltialq. , Fait,
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L
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.., . t . •_ , N
. ,
Mill
~ pe,..,. ~........ , ~....... r , _ , ,T, 7.Fikyir, - . ,rAlllM___Dull : ~ ,; ; p.tr;,-.-C,,,, - ;:..,,•:-..-:-;., -•-,., , .. :
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~„,..70g.,..1:•;- t t.,`•;-:z.,., ~:•,•• xj - 4 - ,...,,... , - - - , c , ^-1.11._.
...-_,
--,,;,, :,,--':,....-.!.., . - r •:,.. •. -... .:• . • .., , ., : i.r4.•., , 4 .-„,-, ~, ... ,„... ,0 „ ..: ....,,. ,
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... . . , .
-- . ' : ::f.-, , . -.-- . - -.....:,.......:„....,..- -..,„ , . s•.-... - - , .....;,.....:_72 r ,
." 4 ......... "' m
..• . ' '
. , ... , .
...
. .
Doots'aitb Shoes.
ratrasoN, - 819096T0., b f . 110.,
MANIXFA(hCfRZEUS AND
WHOISSALIII DEtAtERS rN
PUILADELPHIk
BOOTS,
WHOLESALE
MAIIXIBI9TORY,
ELEGANT
OY lifliErBT onto
HAIR NETS,
Silk glib iliry (boars.2obbere.
SPRING TRADE NOTICE
1859.
RA.IGUEL, MOORE, &CO.
An DOW reoelving Their Spring Importations and'
exhibiting at their Salesroom.,
220,& 222 N. THIRD ST.,
The most extensive, elegant, and (templet,: stock of
• FOREIGN AND DOMASTZO DRY GOODS
ever before offered by them, and pre:mating tuinstml
'Unctions to the trade generally. -
Their extensive stores haring been remodelled MM.,
blew them to appropriate to each Clam of Ovals a sepa•
rate department, 71s:
DOMESTICS, • .
GINGRAMS, PRINTS, AND LAWNS,
OILER, -
DRESS GOODB,
. WHITE GOODS,
CLOTHS AND CASSIMERES,
- SHAWLS AND MANTILLAS,
HOSIERY, NOTIoNS, TRIMMINGS,
CARPETS, OIL OLOTHB,
UMBRELLAS et PARASOLS,
To all of which the attention of
CASH AND PROMPT BIX•MONTHB BUYERS
feb2B.2m. - • la solioited.
325 MARKET STREET. 325
,A. W. LITTLE & CO..
114fORTEEI',45D Josßilis 01
DRESS-GOODS,
IttEMONI3, TRIMMINGS, O LOVEs,
SHAWLS, *ANTILLAB,
EDIBliOID111,1;ES, &0., &a. . faBl•Sm
Sam 'Dry Goabo.
15.: J. T. 'PIGGOTT, 15
IMPORTER AND JOBBER OP
LACES,
RIBBONS,
EMBROIDERIES,
TkilITE GOODS, &o.
HAS REMOVED-TO
No.' i 5 NORTH - FOURTH STREET,
Roo a full line of the above Goods. Akio, reeelvfog
Sally, JOBB from Allegan, to ',Wall Cook and Short•
time Buyero are invited. marl-0m
SPRING TRADE.
H. DIIHRING & 00.,
Noe. 28 and 28 NORTH FOURTH OTRERT,
Have put opened their recent
IMPORTATIONS
ENGLISH AND GERMAN
HOSIERY,
GLOVES, AND SMALL WARES,
And WEE an Inspection of their ocorplete sod irell
asiorted stook,
118PECIAtLY ADAPTED TO
BOUTILERN AND SOUTHWESTERN TRADE.
fehs.Bta
BURNETT, SEXTON & SWEARINGEN
Are now opening at their Store,
No. 400 MARKET STREET,
Above Fourth, North Bide,
A NDSOMB ASSORTMENT OP
NEW SPELNG 'STYLES
FANCY DRY GOODS.
Cot ffffl/131, OWN lISPOILTATION
And selection, which they offer for sale to buyers from
all parte of the United States, wither:wet liberal terms,
teb9.130
SCHAFFER 8,3 ROBERTS,
• - -429 AtimaT 81112Nri
IMPOSTERS AND JOBBERS
02
itOSIBRY, GLOV2B,
081 , 511, , wAitas, come,
r , _ i nusums, KOICING•GLABf3IOI,
GiESICAN AND PREHOU /AA*
-AID
TAiuntat-Tathimp,tes..
;fancy',
-;" Or.,P_N*;
NO: 26 'SOUTH FOURTH MEET,
IMPOSTER AND WDOLIMALS ESILDS TR
FANCY GOODS,
VORYIIIIERY,
Bal7Bll/118,
00108,
ilitlloQlBTB' dRTIOLSB, hO.
Now In item, e very lane ea complete imortment
or the
SPRING •TRADB,
Including every saleable ortiole In tho Ltni, and ninny
torrettles.
The attention 'of bayou Is respeotttlly ,soltoired.
Hun u tow se those of e.ay Mash in We trade, either
In this city or tretr Toth. %Min
2~i~tteg,
PHILIP F. KELLY & 00.,
OUCCEASOUS %0 UOBRUT J. ROHS to CO4)
No. le 6013111. Tli111.1) 13TRR11A
PUILADBLPHLi.
BANK NOTES,
OMMEROTAL PAPER,
LAND WAERANTS,
BOUGHT AND BOLD
Also, Roots asd Bonds, but only on oommlasion
Special attention given to collections Throne:tont
the country, and _customers may rely on•prompt 94-
♦teee sad Tatung
COLLECTIONS,
TRROVIDEEDIIT T3E UNION AND
• OA.NADA,
raolintr MAIM NT
BAKiER, 'WESCOTT & 00.4
-BANKERS,
No. 17 BOOTH TEURD'STREET.
mszl9-]m .
COIIunEROIAL AND TRAVELLING
CREDITS imitable In all parts of the world,
ne w o pt o th uc t h u "P'l. nf l ngsro. GEORGE PEABODY
OAP, y ALSOALESTER, k 00.,
916 .WALNUT Street
35tationern.
HENRY COHEN,
IMPORTER AND DRALER IN
'FOREIGN - AND DOMESTIC
STATIONERY.
MANUFACTURER ON ENVELOPES IN EVERY
VARIETY AND STYLE.
ECT AGENT' FOR ARNOLTOS MANN WRITING
FLUID.
607 CHESTNUT STREET,
arg OPPOSITE TEM ETATH H 0130.11.
fgattoe-,fttrnieliing ecrabo
THE OLD-ESTABLISHED AND
. UNRIVALLED
'BOUSE•PURNIGI{ING ESTABLIMENT,
JOHN A. IyiURPHEY & CO.,
922 CIEIthTNITT STREET,
'Joie Agents In this city for the New Patent MIL
. dren , a Olga and Oarrlagee, , apaldnw&l tf
NEV 110IISE-EURNISRING STORE,
WILLIAM YARNALL,
No. 1020 CHESTNUT STREET
(MOMS THE AOADEMY Or NINE ARTS),
Invites iimuskeePars and others, to an examinetion of
his extensive assortment of
ITSSFUL
HOUSE-FURNISHING
GOODS
Alan, s treautlfal mortment of
DIRD-GAGES, ODILDRDNIS OARDIAGINI, AND
VELOOIPEDES, &a. ) &o.
•pl•fml2wtjano7
PHILADELPMA. ;!,11101'41)A1 7 . APRIL 11.• 1859.
'1859. SPRING 'TRADE. 18 59 .
SHORTRIDGE
(sttoasasoas to uastalit, Barnm, a tiiol)
IMPORTERS & JOBBERS
,D RY; t CO 0 r),KS :
• -' 42d MARKET STMIT,
Hiate_likatore a ooniptite line of '
TOREIGN AND -DOMESTIC , • GOOfifil,
'Selected, expressly with a view to the intiyestd of
AND PROMPT SHORT-OREDIT -I/E/LEERS,
'ig i v it,ElL4 - they respectfully invite the ittentym of the
;7..201 1 12:4' full Stook eonstantly on hand s aid 'orders
eietmted promptly at - the
LOWMIT fdARLIT %BANES.
fol4iict
SPRING IMPORTATIONS. : ,
.116 5 9.,
•
HERRING & OTT;;'.•
N. W. Corner FOURTH and 71.i.Ri* Bts.;
• Are now prepared to offer
SPLENDID AND 0035P1A8448;
ASSORTMENT ••'••• - •
SILKS, RIBBONS,. • • -
TRIAIMINGS, EMBROIDRRIRS, • ,
BANDY GOODS,
~--•• . •
1 141t.D. GIIMMOIMBe
NOE. 40 and 42 NORTH THIRD STASH*, ,
IMPORTAREVAND DHALEBB IN ;$
SILKS, RIBBONS, DRESS GOODS':
' WHITE GOODS, LAMS, LINE V,
EMBROIDERIES ni , a.
HOSIERY, GLOVES, MITTS be SHAWLS.
feb2-8m
DEGOURSEY, LAFOUROAPN, & opfr,
linporionfand Jobbers of ,1 4
OLOTID3, O I tSSIMEILE% VESTING% 21 ,
Ann aeons aus,n,o4.l..LikArtisa,i9
MEN AND BOYS' WEAR
NO. 335 hiII.RNET:B2II.NNT,
Are 124 W remedying their
SPRItiGh IMPOBTAT1 : 0 - #11,
To whielt They invite the attention of their eagtomeie,
ans parebeeere of emote goode, fel4to
SITBR. PRICE. ea 009.
imporiniEs AND JOBBERS
O p
FOREIGN AND DOMESTIC DRY GOODS,
- - 816 EIARkE i r STREET.
fel.Bm • •
SHAPI,EIGH, RUE ec.
TMPORTIIBBOP
LINENS,
WRITE GOODS, -
LAOES, and -
EMBROIDERIES
No. la MAOKET STREET.
Er Oar present stock, eeleeted to the beet loroPeari
markets by mutton, Li the mosi complete we , have
ever offered. ' rental
SPRING OF 1859.
WAL H. BROWN & CO.,
NO. 416 MEREST STREET,
Are =wrenching an exteniiTo and easefully eeleated:
Stook, of
FOREIGN AND AsmEaleAll DIT WOW;
To which they Invite the attention of pelokeetere.- , '
fel4ri
PEILRIS 4 -&,
• ririportets df
WAITE dtlaiDS •
, LINENS, •
uszia,
- NIRLDZOXDENLihkaw - ii , ''r 44 -
NMri 11.1010VID
To their Now Store, ,
No. b 25 5dAl KET Eltraei, below blzth.,
fe1.1.2n
JOSHUA L. DAILY,
MOMS AND JOBISiIt ,
ot•
VOlttiCair Ai4i)
DRY GOODS,
No. 2 ; 18 NAILKET,STRENT.
NEW 1100D8 rooeirtog OM) , d.y for
tobl•t:n ChM Mat NEAR TRAM
LEA
Importers
Importers sad Wholesale Borden
CLOTHO,
OABBIBIERES,
sod
TAILORS' TRIMMINGS.
333 MARKET STREET,
(or arAns,) -
rebl-8m ihttsdelplas.
JOHN 11. BROWN & CO..
itti , othititi Aid) JOMES
, or
roituictx AND DOXESTIO
DRY GOODS,
No. 807 MARKET STREET
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try r . ts s'.
MONDAY., ,APRIL 11, 1859.
TRIAL OF DANIEL E. SICKLES
, Sixth Day's Proceedings.
THE DEFENCE OPENED
SPEECH OF MR. GRAHAM.
VERBATIM REPORT BY TELEORAPH.
WAN, April 8 18.
The gam of the defence SHINGT
opens O this morning .4l It
is expected that Mr. Graham will occupy the
whole day in the opening address. His associates
would prefer brevity in the opening. They wish
to reserve their plan of operations for the present,
and to say nothing of Mr. Key except what is im
mediately connected with the transaction, and to
Withhold the ocitimlints tin the transaction j to
make no attempt to account for" the disparity be ,
tween the site of the bullet ettraoted front the
body and the bore of the Derringer pistol found in
the street. The defence deny that the Derringer ,
pistol belonged to Mr. SIAN&
Aa thero,has boon no attempt to trace it hi him
by the prosecution, tho defence will make the
most of the eironmstenees, and claim that it be
longed to Mr.
,Key, and perhaps that the first shot
came from' Wm. As to the two keys found in the
pocket of the amassed, the idea is that they were
those of the house In-. Fifteenth street, and Mao,
that circumstance will be put in evidence.
Two letters from Mr. Bey-to Mr. Siokles. one
Indignantly' denouncing the insinuations made
with respect to the familiarity with 'Mrs. Sickles,
and the other accepting a subsequent invitation to
dinner, will bo offered in evidence. If not ad
mitted, the counsel will make ttse of thorn in the
arguments for the fury.
The pressure for admission becomes greater as
the case progresses. Many persons are present
,from New York ; among them we notice John
Belly, sheriff; Hon. John Cochrane ; John Olonov,
county clerk; Captain Dowling, and Owen W.
Brennan.
Mr. Tinto% the father of Mrs. Sickles, has re:
tttrned to 'Pew York,
The oonrt opened at 101 o'clock.
After some dolay the prisoner was condnotodlnto
court and placed in • the dock, where be war ,
gaged for sometime in a conference with rs ;
Brady, Stanton, and Rorerdy Johnson.
Tho jurors were oalled, and answered to their
names. - •
SPEECH OF MR. GRAHAM
Mr. Gramm pro - aarded to addram ilmjn , y, amid
the• solemn ellen:3o and Attention of ilia wholo
"con!t. He said:
--• • .
May it please the court and gentlemen of the
jury—Alit is to Pio the tittle for solestin thought,
and t rise to address yoil laboring under a severe
Struggling of feeling. .rt. to a beautiful sentiment,
better expressed In the Latin than in the trim:tea
lion Amities res °pima° parlunt , adversa Pro
tane"—" Prosperity is the parent of friends, had
fortune is the bre in which they are ,trled."
Vrlondship is the 'most awed of all artificial as
distingutabed from our natural attaiditeptft ! It
tands nearest to thoeo which, liy the heed of tia•
tbre. We been interwoven with the objects which'
she herself creates.
On the altar of that relation I oast my present
efferlng. It carries with it the 'motion of a *arm
heart. May it -prove to be an efficacious tribute
in favor of my client I have been the companion
oflis° un'
lit : andannw ! gileheretPi
°l e ateiltheg l m(fh l Pgbn f ieti°n i T :: l bliS amysternev:aitir.leeeatebehe:n
ulab;dmnfma nfthuetnwe itsd, atb:i amioicoomethltiwtcr,tt4t
qeiid°ttiisiDiet l tnela i
Man is tern
elite' trouble, •as the sparks
Ay Kivrayd." -• That same: great influence which
boa impressed laws on all the departments
of creation, which has .studded the Heavens
with their fires, and ordained, the boundary
line 'between the day and Alm niaht—that
time greet influence which - stretches over the
time
'again
Nature, verdures it with the green mantle,
end again eapplants it for the pleasing dress of
winter; that same great influence which has de
signated the lime for the,' dropping of the leaves
and the falling of the Sparrows is the will which
prides and the band which beide the rod with
*ldols in Ude life we ere punished. Aa we pass
,from the protteedigg in whioh we , are mimed we
mey be pertulttedlo temente ovef the result which
tient:Meetly antelipate, setiongrat illation to this
d'efentient fof the etivefe Milord throtigh whieli be
peo e e, rele e heie, hate* hi the tiathgMo d
Eke noefeeteth. iteeniakette aorrow rind Ile ilin
We n
b ee s: K : ll a :404 thee in a s ta ix d
t h rd is a lg te nd , S y M e t
i k n e c w ove o n le i
ere evil teeoli e thee.et
-slow weeksaince, the body of t a mean
c r
a. 9 f 9011,- In the there of &talkie onb o thtt
retreats of your city . t Proved to be the b ot
Wifirmed'atid habitual adulterer.- Oa a day toe
itCred to be profaned, by worldly toil—on which
Ayres forbidden to mouton
„the 'WY with. the
- SO oftemeretelabereorealeitAthearehaMemeld
iratre - rtieeteoee.e.eeterkeirsorreetirenes natiere“md,
though on no other days he had trent his aspirations 1
heavenward, he should have on that - day allowed
'them then to pan in that direction—we find him
besieging, with the meet pelt intentions, that gris
tle whet°, for theif seettrity and reporks, the law
'had placed the wife and child of hie...neighbor.
'lad heilintirved thesoleme precept—tt Itemenabor
the Sabbath day to keep - it holy"—lie e might at
tbia Moment have forme i cite et the Beteg
The ipjared father an husband rushed on him
in the moment of ble guilt, and, under thu guilt
end Meows° of a frerzy, executed, on him a
'judgment weigh wee as J ust es it was su i mmary.
The issue you are hen to decide is, whotriet tills
act renders its author amenable to the laws of the
land. In the deoieion of that lune. gentlemen of
prehea t you, Iwo la deep iterlicalemieintoyeet.
. on are were to fix the priced f the marriage bed.
Yon aro here tosay in what estimation that sacred
conch laheld by au honest and intelligent Ameri
can jury. Yon are favored citizens ; you live in a
oily which constitutes the city of our Federal Go
vernment—a city ooneeorated to liberty, above
all others, but not to the liberty of the libertine—
a city bearing, the Mem of the illdetriens 'Wash
ington, the father o f kie country ,' of whena it
hoeottiphetioally and truly beensaid, that be was
"-Met in Mar, brat in peace, and first iti the hearts
of hie oteetretrybaenee t.
You may feel a pity, in reviewing this oemirrenee,
for the life that has boon taken—you may regret
the neoesaity whioh• constrained that event. But
while you pity the dead, remember also that you
ehonld extend oommhseratlon to the living. That
life, taken away as it was, may prove to be your
and my gain. You may not swear the wife or
daughter of some one of you would have been (in
feat, ytte, ketiw tot hot 'the had.. heap)method by
the frame eyes that destroyed the marriag3 tett,
tions of this defendant. You know not how soon
the gardens of loveliness over which you now pre
side, had that life bean spared, would have been
called upon to supply their flowers to satisfy the
insatiable appetite of the deceased. An inter
ference with the marriage reletione must strike
every reflecting mind as the greatest wrong that
can be committed on a human being. It has been
well said that affliction, shame, poverty, captivity,
are preferable
And I do not know that I can depress the fent!.
ment more ably than in reciting the lines which
the great dretatiat liaaplaced iii the, Mouth of the
Moor on the suppOsed discoieiy of did inConAtandy
of his Deedemona-e
Had it plea - e l Heaven
To try me with affliction ; bad he
Rained all kind ot sores and shames on my head ;
lit,eped me le poverty to the very lips;
Given to captivity roe and my utmost hopes
I should have found. to some part sf my soul,
A .drnp of patience; but, diU to mike me
A tiked donee for the time amoral
To point,his slow, tunneling toger at
Oh! Oh!
Yet could I hear that U 0,4611, very well ;
• lint thme.,ithere I have garnered up my heart—
' Where either I roust live, or beer no life;
The fountain from the which my current runs,
Or else dries up ;—to be discarded thence
Or keep it a, a cistern, for font toads
To knot end gender in !—Turn thy complexion iherd,
petteno,—thou young and rose•lipped cherubim—
Ay, there, lock grim Os hell!"
You are here to decide whether the defender of
the marriage bed is a murderer; whether he is to
bo put on the seine footing with the first murde
rer, and is to bo presented in his moral and legal
aspects with the same here of aggravation about
him. Gentlemen. the murderer is a meat detest ,
able obaraoter. Far he it for me to defend him
before this or any other jury. Society cannot, it
ought not, to contain him Calm, cold, and cal
culating, ho saves his malice as the miser saves
his treasure. His bosun is the vault in which
he deposits it. Ago pOBBOVOtl no Claims for
his consideration—nor does sex interfere with
him in the execution of his bloody purpose.
In the very air be sees his weapon, and it mo
tions him the Way he must go. Ile talents some
object of innocenee for his eletire, he °booms
some lonely spot for the perpetration of this horrid
deed. In the drapery of the night he wraps him
self. At that hour, when over half the world na
ture seems dead. and wicked drones ebueo the
curtain of sloop, he steals forth to rho acoomplish
ment of his bloody design. Afraid of his own move
ments, he is compelled to address the earth itself,
in the language of supplication, and entreat it to
"Rear not my steps which way they walk. for fear
the very stones prate of my whereabouts "
If, between the Rot whieh has placed WO defen
dant in hie present position and the act of a cri
minal like that, you can trace any similarity to it,
it will be for you to institute and perfect the 00M
prison. It is not in my power.
There are some other matters, gentlemen, to
which I shall very briefly allude before I pruned
to the discharge of the important duty whieli has
been oast upon me by the coeourrenee of my
learned emaciates on the part of the defence; and
the only regret I can experience in entering upon
the disohargo of this duty it, that I shall be
milled upon to impose upon you a heavier tax
than under other circumstances would be recon
cilable with propriety. There are some - features
of this trial, gentlemen, which are to be borne in
mind by you at this time.
In the first pleas, a most extraordinary mom
ranee transpired in the empannelling of the very
body which is constituted by yourself. You have
heard the explanation of the learned prosecutor
in aceounting for the course he then pursued when
you were compelled to witness the spectacle. The
court had no alternative but to administer the
law. The objection was a matter entirely for the
breast of the Dletriet Attorney himself. You were
called upon to witness the moving speotaole of the
son of misfortune being thrust from his rights for
no other reason then bonus') he hail the misfor
tune to be unforteente. Another feature of this
case you will remember, The learned counsel for
the Government, in questioning one of the wit
nesses, tusked hint to &earth° what he saw at the
time of the occurrence which led to the death.
Yon will remember that the witness to whom the
question was putdesired to 'Treed before the court
and jury all that he saw and heard.
The learned counsel arose and protested against
F the witness stating What was not responsive M the
question, and the gentleman.made an atimissicin
in the hearing of the court and jeep, which- Hems,
at all events, unfortunate, as far as the prosecution
is concerned The learned counsel for the Goiern-
Mani stated that he put the question, intend
ing that the Witness should-discriminate between
what be sa* and beard. Yon Will remember the
remarks of 'the holiest judge on the bench. 1 I
shall not forget the ocoarronoe to the latest ma•
meet of my existence.
His words were not in il spirit of severe, but of
kind reproof---saying, when the witness is put on
the stand, no matter 'how the questions are put,
he must tell the whole truth and nothing but the
truth ; and it was the duty of the court to see that
the witness was protooted-m stating all the know
ledge that he had obtained. Is there anything
in this case that it should be tried ,in the way it
has been? Why,were all bat property-holders ex
eluded from the jury? Why did- the counsel for
• the prosecution examine the witnesses in a par-
Ocular way so as to exclude from the jury particular
facts which might, in the examination of the case,
go in favor of the defendant?. It must be for you
to account for these extraordinary features in the
prosecution. . .
'Another strong feature about the trial is the ap
pearance of assistant counsel on the part of the
prdsedution. lam informed that ibis extraordi
nary donned was not assigned by the Government,
dud it will be for yen to say how far this case jus
titles it. Another feature IS- the extraordinary
character of 'the openlig of the learned omineel,
which was an elegant production, and refloated
credit on the mind from Irbil% it emanated; and
was stamped by a high order of ability, but it will
be for you to say, whenyou pass upon it in review,-
what degree of consequence Shall be given' to it.
You will notice hie extraordinary expressions, snob
as the " prisoner coming to the carnival of blood"
—a "walking magazine"-J--." adding mutilation to
the murder," as though he had a dagger in his
hand to plunge it in his bosom." Bat why did it
• not occur to the learned counsel to describe also
the weapons in the possession of the adulterer?—
for it appeared that be had an opera-glass and a
white handkerchief—Just as certain of causing
death to the defendant, as the weapons of the de
fendant catislng death, to him:' -
Ile then prooeeded to define the Mime of murder
from the highest anther/Oat, and also drat* the
distinction between theit, and mansittught*:v; the
difference being that one ie coitimitted wftb tie
liberation, with malice aforethought, and the other
committed in a state of heat, the heat of a passion
that ought to be, tint wee not, controlled, and
Witheilt mallet aforethought. lie would show that'
the filiation which (meld not be controlled did not
plasm a man tilthin the Mile of assooantabiiitv to
the criminal law. But the great question :'What
11718 the state of the defendant's mind at the time
he •alew the man who contaminated the purity of
his, wife? It is perfectly immaterial how tli
death was inflicted ; whether by one or three
shots; whether the lean wan killed while standing
up or lying down—the question'ls: What wa a the
Influence of the provocation on the mind of the
man who slew him? what was the mental condi
tion of the defendant at the time he took the life
of the deceased?
, After reading from legal authorities, he added:
If you can find a verdict against tRe hasbarld whe
slays him who violates his Marriage Dad, then I
address gentlemen different from :what I supposle
them to be. I have given you the definition of
crime, murder, and manslaughter. It will be
for • yen to say witether this ease conies within
eltber,of these definitions, and is inMostive of a
uric/dual ' heart, If It boa oridie for the husband
to defend his humble family altar, and death is
visited on him for defending it, then, the highest
honor which can be conferred on any man is to
compel him to die snob a death.
• He stated the following positions, namely:
First: Duman laws-do not shield us from the
enjoyment of human rights.
. tieoond :. Law derived from the Divine law I a
perfect, though not regulated by human law.
Third: The Divine law attaches responsibill•
ties, to execute which do not eowaltute crime.
„ The drat Wu are properly ,tionsidered 'lltgether,
Oaf legal syeterii does not reads every dale and
crime. There are certain wrongs which are not
protected, and therefore the only law on such
events is that traced to the human bosom by the
finger of God—the law of human nature and in
slloot. When the law dew net protect tis, we are
thrown on odr °tin instinote, and Wit .havel the
right to defend ourselves from wrong.
Self-preservation is Nature's first law. lie main
tained that, by the law of God, the adulterer is
allowed to be slain. If we should know, by the
Bible, that man has the natural right to protect
his wife against contamination, it is not in the
power of human law to take away that right.'
In this District you have provided no protection'
against adultery. The inevitablvvesult is that '
you are thro*n upon the prinalple to defend year
saves and your own. • Do you Apt -wish to be safe
rigsdridt the housebreaker. How •much more
tigalialt SO athilteter ? The law tells you, - *hen
you have been disturbed in yodr reftosejtt pip,
you may take the life of the burglar . Bat it still •
pertalta .your house to he polluted by the tread of
A° adulterer. The ,reason.why moiety •bas, net,
:egoVideri against .adultery, is- that' it &midden it
'the right Ot avert whirl to defend - hidiself against
Ilse adulterer; and that right It perfect tinder the - .
Divine`lavr. There Is teething in this doctrine:e
volutionary or% eabyersiireof the pesos:rand geed
your domestics rights. - ''ff"' to 'the beinousams of
the crime of adultery, it is stemped.en the Sot by
God himself. It was not mots/au to justify man
in killing the adniterer.that he catch the offender
'ltt the ddt, but that be be to near the truth as to
leave no delibt of his Olt..
We, he continued, regard -this ad a Vary ite•
portant point I any that if society him not pro
thoted you in the chastity of your wives, it is
proof oonelitsito, that
,Zoo have the natural right
to protect them as ifindh 83 son have to protect
your own lives. It would be an otitrtige MY de•
eonoy to compare felony frith adultery, froth the
Bible.
One of , the meat serious orior is that of
adultery. It Might be raid ,that r. thek)es lied
a civil remedy against . Me. Is I -the latter de
fected hie wilt', and although Illr. Key maid not
be ,proceeded against criminally; he might possi
bly be pecuniarily recompensed. The -wounds of
what 'husband could be stencilled by the duty
money from the pocket of him who had defiled his
wife? Can a man come into your house against
your will and lie
sreiven o aa n tEsos y uar
Le
sw o dn u oaeth r rys
a b p e r d i
n ? oi
I, T I
e ls '!list tf
the
h s
e trespass, ola r
aI 0
and you can put him out by force, and yet, if be
llea down, by your wife and takes from her that
which cannot be festered; aoslording to, the hype
thetio position of the prosecution, he is not entitled
to eny,redress at all i
Thercarek eartaiii,relationa ,to Web the liar
attaches ditivgreatest of reaper sibilities, and
which it invests with coifialenturate pthvaa. These
are the relations of parent and child, busuand and
wife, the most hallowed and cherished. The at
tachment which connote brother and sister is that
of love, because they come from the same rela
tions. Bat the connection between parent and
child, and husband and wife, is not only love; but
erotectiort The relation of husband and -wife is
founded on tilitne leri, epd she .being the weaker
vessel it Was Ices duty to protect her against frailty,
es much as against the violence of the robber. It
has been well said, "Frailty, thy iNa5 14 we,
man'." A man who obtains the affections of
another's wife is as guilty as him who devours her
by ravishment. It is the husband's duty 'to con
trol her affections, and gee that they are notatolen
from him by the act of the adulterer. It is as Wish
an offence though she consents as if she was Made a
victim of positive v olenoe. In England, 'up to
the XIII Statute ;of Alward I, adultery and for
ideation were common law offences, but they were
tfapifeittal td the edguHanee of the spiritual
Courts. There lithe dealardtion of the British Par
liament, that adultery is a deadly stn; to Be smote.
elastically punished Mr the Welty of the seal. Lt
the common law of Maryland, *Melt it derived
from Great Britain, and which now prevails in the
District of Colombia, adultery is not an armee;
therefore, a statute is needed to make adultery
an offence to be punished by the legal tribunals
here.
Your States in the Union have made adultery
piinishable, yin : Massachusetts, Virginia, Ohio,
and Pennsylvania. In the first the penalty is im
prisonment for told or three years, hut Miele toad-
quate.
You, gentlemen, are sitting Cheri to pronounce
'the estimate of an American jury on the value of
a htisband'S bed. This is the great prinalple of
your verdict, and on tilt tirinciplo, you will say
whether you will strike terror into the heart elf
the adulterer or embolden him in his course,
and send him out to repeat his course. If he is
told that the man who dares to take his life shall
forfeit his own, you strike the deepest blow
at the heart of mortality ever given on this oonti
nen t by an American jury.
It is a well-settled legal principle that every
man's house je his castle—sacred to himself and his
family. The term castle is the term of the law.
It does not moan embattled walls It is a figure
to denote that even the humblest but is as much a
fortress for the protection of a man's family, as a
fortress for defensive purposes. If you invite a
man to your house and he lusts for your wife and
daughter, he is a trespasser, as though he had en.
toted against your will—would you permit him to
enter your house, if you thought his beastliness
wattid run en them? You have the right to eject
him. If he enters with an impure heart, he
abuses your license.
One of the aggravated features of this case was,
that Mr. Key entered the abode of Mr. Sickles as
his friend. We will show that they stood almost
as close as do these human beings " the Siamese
twins," who now stand connected by a link which
renders them indissoluble. The hearts of these men
have beaten almost against each other. Their
hearts seem to have alternated in their pulsations,
into
When,seno
every
Third.
feoarhorhyut
his
rosdatuts.hheh.o,rop
house,
personal
d l 1 s
l Mr a ° r g u K a e i nyt
Suckles a c n n ot
entered
rne w vdi a t s ef
do concerned.
mt
tre.
xp
uery
pose of accomplishing the downfall of his wife, he
was as much a trespasser as if he entered it witip
out invitation ; for when the husband invites his
friend to his house, he, in effect. invites him to
keep back all uncleanness. The person or body of
the wife is the property of the husband, and the
v the isil.
d e a h ra . e r . right r
o e n g ct a p r i v a n h e i a t t in y t h ; ,e ct i la n o a d t
e u i i
from Wheeler's o lv mes h i e lh e eh le eh e ar s as Criminal Oases, vol. 21, the ease
in defending his wife, the husband defends him
self. There were sevenpoints ha proposed to argue,
to wit:
First. As to how far the Government is bound to
ministrationg
uam
controvertedmat
as o k e
e u o a a a t:e f apuprereo.abovwfsoyaeffs
criminal a r h ea a o tft l u hu n i ent d
ha t o
e e al
j a t it par i e boo s rtune f ierl y c d tseieea e nt t ,nlo f h h n e aftpwe e n n d td j eaci a u nemru n t
t malicer Y itmme t ow .
tep a nl:tw n fita d oaturane w ipt h tadhr :e is t .
..
. t.
f
guilty. proved
wife eiol
'c w t nwt h lth h at r a netre o t h i
f rervcr
interpose
hiluarPbnslt.eynelu discoversl authoritiesow
b o a tetilpt t 4ihdl e esce ee'
The
b ofeeßsn t ev t s t hua h i h sbepar. e i e llpononeß a oto a o .
dtykhhutaaieluseetrepo'c husband.r
y m oos na(
r m ny i tei httetgeidohb: adulterer , eyn ril eetohwtehinshowing
referredl wehusbandttihfheaet'tor:
the afoot of the rule whlolt
TWO CENTS
_
lowered the offsnoe to manslaughter, and made It
equivalent or tantamount to acquittal .. '
Eli.vtia. How far the provocation of the &Mitred
to the defendant acted on or affected the defeat.
dant's mind; to shield -hint from all legal conse
quences. • • - • -
Seventh. As to whether aufilolent time had
elapsed for the passion mood. -
We, he said, attack the - theory of the prosecu
tion. - The case must' he midi out bythe prosecu
tion by proof, not by presuroption.Me say, that the
old-rule of law, that a killing- was, presumptive
evidence of malice, no longer botany • to the law.
It is on foots , not on nresumption, that's plan mist
be condemned for an offense involiing, life and
liberty. The jury cannot convict tiniest they con-•
acientiously believe that the fads are embraced in
the presumption. ,
He understood the argument of the District At: '
torney to be that the law presumed, when the
mere aot of killing wag proven against a man, that
the, malicia cogitate was In big heart. .That was
not the presumptien,of the law. - For hims, e l f, he
would rather presume, where no motive AU shown,
that the killer was insane. ,On this'point, he re
ferred to a deoislon in the ease of the People - os.
lliqOann, in vol. 2of Smith's Reports. It was the
duty of the - prosecution to prove their case; , If
they alleged that the. killing wag mere. wanton
ness, they must prove it. They had not done so..
Suttee Brown, in the ease referred to ruled that
the proving of mead° or motive was primarily ne
cessary on the part of the prosecution.' The rule
of presumption originated in a time when the pro
perty of a felon reverted to the crown, and when it
was the interest of the Government to prechre
convictions. Ile contended that the sanity of the
offender's mind was to be made out affirmatively
bythe prosecution. - • - • - • •
Reinitiated that they:could stand before the jury
this moment and demand the acquittal of Mr.
Sickles. There is enough, he said, in the ease
now, to melt the heart that is not out from the irre
deemable gnarled' oik ; for, in the ag ony of hia
mind, when the deed was done, and he was re
tapeless into his insanity—in the midst of his
grief, he exclaimed, ~i le'has soiled—he has de-,
flied my had in'.' That was the dominant - anal.
Meet in his bosom. - Twelve Indians, on whom the
light of civilisation never broke. would repel with
-indignation the idea of eonvieting a man on the
testimony that is plated before you on the part of
this prodecutioti. •
- The cardinal presumption Of ,the law is that
every man is to be suppesedlnnoeent until preyed
guilty. Not so, says -the prosecution. - The law
radst presume Mr. Sickles to be , a murderer,,be
gauge it proved he - dhmharged his pistol in the
breast of the vlotim. Were not the proseoution
to prove that the prisoner was at the time in
sound mind and memory t He held that they
were.
The ,utmost etoot of such a presumption was to
prevent the proseentlon Item being nonnited.
The oath of a juror was that he sketeld true deli
verance make upon the evidence. It ot se, says
the counsel for the prosecution; the jury is to sot
on the presumption of the law. But the oaths of a
jury could not be redeemed unless they leek
their Maker in the face; and say that every' fact
found in their verdict was firmly proved in the tes
timony of the ease. -
He passed to the second question which he pro
posed, vie: Whether the rule that the law pro
games malice from the mere feat of killing is now
a part of this Criminal jurisprudence of the country.
In dental of that, he referred to seventeen State'
Trials, page 66; Mangridgo's ease, to 1 Black-'
atora„page 362, and again to the case of MoOonn,
2 Smith, pages 65 and 66 In the State of New
York. where the District Attorney proved nothing
but the killing, the court would direct the sto ,
duittal. Wad there anything proved in this case'•
that quadrates With Disekstorte's definition of
murder? He held that there was not. In the.
decision in the McCann case it was stated by the
judge that,. to constitute the crime of murder, the
will must join with the act. In this ; case did the,
will join the sot? or was Mr. Sickles, atthe timer
of the homicide, =oh a mere *Texture of instinct
or impulse that he could not resist, bat was carried
forward, like a mere machine, to the consomme-_
lion of that sonalled tragedy? It may be tree•
dal to shed Minion blood, but I always maintain
that there is no tragedy about slaying the adul
terer. His crime takes away the character of the
occurrence. The adulterer dies as justly as those
men died who were executed Within the Halite of
the State of Maryland yesterday. They were
condemned by the law. Whit was their Offoruse ?
They bad shed hunlan blood. It was no higher
than the offence of' the deceased, for he turned over
the Divine inatitntion of marsidge, Ousted and
reared by the hand of the Almighty.
The counsel understood the rule to be that where
the prosecution proved the declaration of a pri
soner, that declaration was held to be true until it
Was preset to be false. -The declaration by the
prisoner hero was that Key had defiled his bed.
and that ender the influence of that wrong he bad
, killed Key. It was for the prosecution to show
that Key had „not polluted' the wife of Daniel B.
Sickles. Had they shown that the deolaratian was
tales , or bad theyAhrown themselves on the jam
eleratilling that that was the reason pf the set, it
wont ;put d. speedy period to this investigation. to
admit that that, was the' feet • I submit that that
is sound -law, ned,that- tit...fact istitow4B o *,, ad -1 1 t.
this ease' that Philip Barton Xer;seduNd the wile
of Daniel IL Sickles, and that for that, ilia trine.
twit df- homey, Daniel" ]p. Sickles lent him by bli
long attentuaL - .
That is,. the, We. • Abet , Pasa.,4 toid • ,
0;4 '
the rule IS well settled that a - declaration of a
prisoner, when proved by theprowtontion, is held
true,'until the prosemition has shofinratanadelhat '
the declaration was false. That was the secret - of
our learned friend's ingenuity., Is Daniel - N.
Sickles to be pitted and cut - into a oonviction of
mtirder 1 Is it by cutting out this partfof the
truth and that part Of the troth, or. is it on
the morality of the case, that We stapd in this
court to await the action of thOjaryl How would I
you feel if the law vtuld tie a handkerchief on
jour eyes, and compel you to render a. verdliet
when'your fatittitiss are not convinced? There is
no such duty exacted fttbn yon on this ocossion.
The prosecution started in a slough, The defence
Is not hound, td thew the adultery,' aitboagh it
dould pitted it before tho jdry in its most disgust-,
log details. - We could show-that not only wee
Key an adulterer. but that he Was the professed
friend of Daniel B. Sickles; and that he dedoured
the confidence of his own friend. His was a dark
crime. The treachery of a friend i 3 bad enough,
but when that
_perfidy reached the wife it became
doubly damned.
I believe in the maxim, "De mortnis nil nisi
bonum"—" Speak not of the dead except you men
tion them favorably.?' It is said that " the evil
'mon do litre after them—the good is oft interred
with their bones" - That saying Is verified here;
bu 4 it is rot breagfittibite lids case for the purpose
of aspersing the memory of the deceased gratut.
toasty. I would leave him,Where he elumbers
Hdt as he is afoot fa the case, and as his &millet
is a fast in the coos, it is necessary that it ',should'
be reviewed. There is tt duty here to be performed
to the - living.
This brings me to the third question, which is
the heinousness of the crime of adultery, and how
the law esteems it as a provocation, and-how it
regards it in connection with an aot canoed by it
H . I trospitai too long on the patience of your
Honer, or of the jury, I .Itope I may be rebuked,
Pit I hop) no pride to gratify here.- -If X can ao
aomplisli • the delivery of my friend, the measure
of my gratiacatieti Will be, not only fall, but over
running. If I have ambition, it is not the incen
tive to my action on this occasion.
I will coneder first the heinousness of adultery,
'as declared by the Bible; and second, as estimated
by the common law.
'When the Almighty 'mused a deep sleep to fall
upon Adam, and took one of his ribs. and from it
made a woman, He brought her unto Adam.
"And Adam raid, this is now bone of my hone,
and flesh of my flesh ; she shall be called woman,
bebause abo vias taken out of man. , -
it Therefore shall a man leave his father and his
mother, -and shall cleaVe Onto his wife; and, they
shall be one flesh: ,, Genesis ii, 2d chapter, Rad and
24th verses.
The Saviour, when on the eoasts of India, ailed
the same language, when the Pharisees soughtio
tempt him on the subject of divorcement.
" Wherefore they are no more twain but one
flesh. What, therefore, God bath joined together,
letnetrtian put asunder." St. Matthew, nix oh up
ter. sth verde,
When Abraham went into Egypt on account of
'the famine, Sarah, his wife, passed as his sister.
He feared death on her account. _ The princes of,
Pharaoh saw her, and commended her to Pharaoh.
and sho Watt taken into his house. The Lcird
plagued Pharaoh and his house with great plagues.
"And Pharaoh called Abraham and said, what
is this that thou bast done unto mo? Why Mat
thou not toll me that she was thy . wife ?
" Why Whet than she is my motet—so I might
have taken her to me to wife; now, therefore. be.
hold thy wife, take her and go thy way." Gene
sis, xii chapter, 18th and 19th verses.
So when Abraham sojourned in Gerar, Sarah
passed as his sister, and Abimeleolt sent and took
her. "
" But God came to AbimeleCh in a dream' by
night and said to him: Behold thou art but a dead
man, for the woman which thou haat taken, for
she" is a man'a wife,
" But Abimelech had not come to her, and he
said: Lord, wilt then slay also a righteous nation?
"Said he unto me, she is my sister; and she,
even she herself said, he is my:brother .In the in
tegrity of my heart and innocency of my hands
hovel done this.
"And God said unto him in a dream, Yea. I
know that thou didet this in the integrity of thy
heart, for I also withheld thee from sinning
against me ; therefore suffered I thee not to tetra
her
4 ' Now, therefore, restore the man his wife, for
he is a prophet, and he shall pray for thee, and
thou shalt live ; and if thou restore her not,
know then that thou Phan surely die, t hou and all
that are thine." Genesis, xxth oh , 3-7 verses
The seventh commandment says, "Thou shalt
not commit adultery ;" and the tenth command
ment Faye, " Thou shalt not covet thy neighbor's
wife."
So in Leviticus, chapter xxth, verse 10th, the
punishment for adultery is declared:
"And the man that commltteth adultery with
another man's wife, even he that committeth adul
tery with his neighbor's wife, the adulterer and
the adultressehall surely be put to death."
And again in Deuteronomy, chap. xxli., verse
22d :
If a man be found lying with a woman mar
ried to an husband, then they shall both of them
die, both the man that lay with the woman, and
the woman ; so shalt ,thou put away evil from
Israel."
Moses died in the year 2553 of theworld-145
years before the birth of Christ. 'He was DUO
°ceded by Joshua. Joshua read to the people on
Mount Ebal a copy of the law of Moses, writ
ten on the tables of stone, and that law was ap. ,
preyed by the people. Bee Joshua, vilichap., 80th
to 35th verse. ,
The jury would reoolleet that at this time the
Jewish Government was theooratio--that 10, God
ruling It continued so until between 1095 and
1015 before Christ. Saul was the first king.
When the Israelites besieged Rebbah, David
tarried at Jerusalem. lie there committed adul
tery with Bathsheba, the wife of Ukiah the Mitt-
NOTIOX TO case STOODZOTO. 4
bortooponeenti for «Tss Tsselef-l!OTiplesee beet
fa minelbef6lrovinirulei:_
Ivory oonuountostion mot be, Me :olepeilied by the
name of the oniteri. In mese teifieitili
tbe•broomphy, int one aiee at the *144 be
wait-um spook. • • •
We shall faintly obliged to giutiemerifin *eroreirt.
viola, and other Mates, Cm 401;41691%104 gittail the
current new, or Se day fa their particular looshtise,
the resources of the ourrowidlag ;lour*, the floras's
of population, or any bitbilikak% that Will be Woad.
lot to the mineral realer.
V Ike. kite directed Isiah to place Urlab hi the fore
ground of 'the hottest battle !sabre' Rabbah; find
'then' retire from bfm that he might be smitten sad
wee done. and [frisk wax killed: -Bath
sheba had a child,w.bialt-vias 'trunk ofek-ity'the
Lord and Nathan was sent to David, who
reproved' him in the - parable of. s
many Rockland ber4-anditlin the dos min pop! mast with his
With
single lamb r '-
" Now, therefore; the `sword shell ,nevisi. depart
from thine house, because theft 'but taken the
wife of Uriah , the- Hittite lc: be tWatifit'!—.ll"
Bonnier, zit ehap.; 10th '
David repenting, Nathan said, "This 'teed also
bath put away thy sin. •Mai shalt eot Me?'
David wrote the LT Nairn on this: -
'• " The saoriflael of God are a 'broken:Win; a
broken And contrite heart 0 "Ocid • thou wilt not
despise." " • • - - -
Amnon ravished- Tamer--ad 13saniel," 'slit chap!
ter. -Two 'full years afterwards Atesioin got
Amnon into his power, and ordered his servants to
kill him. They dideo:artd-Abselom dad to Gethur,
where he was three years; and then returned to
Jerusalem;v Re dwelt two DA year. in Teritialem,
and saw not his father's face. 'When the 'king
called for hill, he mane to Min, and the king
kissed Absalom: The fate .'of the sidisoir is
shadowed forth; " There is no cooling off after such
an offence. " Talk about the cooling of this *evo
cation of defiling* man's wife !" -.A. Mere personal
indignity mitt be cooled over, but if Mr. Weider is
cool, new, be is more thin human, ' -
I refer, also, in this conneedon, to the ease of
Dinah, Who was ravished by Bhetthem. Bee Gene
als,-xxstivth chapter,-1^ 2d; 2 5th , dint, And
' Malachi, the prophet, who lived 439 . years before
Obriet, in delivering the Wert of Hod sip," And
I will come mount you to judgment, and I will be
a swift witness against the adulterers." '
Under the New - Teittament dispensation i .lhe
Saviour enjoins the STEMS In exPtels tonne- 'Bee
xix. chap., 16th to 92d rerms;" Mark: x.
chap., ielit,V;-Lake; aria: ehip., - SOW Vane.
,Adultery In the hart is
_reprobated *the teer.
mon oit the Mount; , .. -• 42 •
" hare heard that it was said' " of them of old
time. Thou eh al V not commit adultery:
"But laartmto you. that whOsoeverjooketiron
a Woman to lust after her; hail( oommitted adults-
Ty with her already' in lda beast." Mutt,* chap,
27th and 2:6th verses. -
The man who has lusted for his nidghlors wlfe
bee committed a sin calling for the Justice °fiber
ven, jest as much as if he had soiled her body. So
that the policy of the Bible is to arrest the crime
in its bud and to maim the Very nursing Of an In
tention toward another man's wife; an" offends, 'in
the eight of Heaven... It is but a short step, be
tween the Intention and the 'deed, and 'therefore,
to keep,baok the deed; the' leviable 'Welt* the
motive of the d "
The'Apottleirerged this precept. - St. Psnl in
his epistle to the Romans (1;111; chapter, Bth and
9th versep) sags - •
"Owe no man anything i hist to loveorte artethei.;._,
for be this broth another path Welled the law:
"Nor this man shall nofeonimit'adiltery',"
mcd , SiCkles auy- worse ibe on earth tb
Philip Barton' R ey? Had Key come up to hi m
awl sunk his stiletto in his bosom, be would have
been merolful to-him:- He wraps 'himself in the
habiliments of friendsti,_and- under that garb.,
supposing that be is mas k e d , be commits the ma tt
f rightful and, at the same time; the most sneaking
of all crimes.
These citations 'from the Bible show . that fe
male purity in connection with the marriage reds.
tion is an object in the Divine taw of the great,
eat concern ; that the - sanctity of the family altar
must not be desecrated ; that it is Impiety to Hea
ven to violate it; and that it Is piety to Heaven
, - .
to defendlt. -
And this brings me tothe second aspeet of the
question—the heinousness of adultery at the Gem
mon law. It is strange that though adultery is
teice forbidden in the 'Deoilogue,no - hunean law
has caught nil and carried out the' spirit of the
Divine law. What Is the reason of that? IDo you
suppose that moiety means that adultery shall - go
unpunished? 'No! It throws you on the "law of
'your heart. There is the repertory o f your in
stincts. Go by them and you Alfa the will `of
Heaven, and when you execute them you - tridental
tNejotdgment of Newien,
Ir that to not the reasoning of moiety, then so
ciety has not fulfilled its compact with Daniel
Sickles. What was his cOmintot with societyl,
was that ho would give up math of hiernetruni
liberty, as society gai-e him' back sioinosidersition
for the surrender thereof.'"Did he:when - join. -
ed society, take his Wif beyond themotsattion,
of the taw? Did hileave beret, the mere] of this,
confirmed - adulterer? No Y.' - Soolety 'knew "thee,
this would take aste - of itself, and it left the ,dui.
terer where the lair'of God hen left Isim-4.6 be .
the victim of that judgment which is eisentad
upon him by Heaven, through the man as its :
strumant'- .
,
If yotr are going to pronounce the verdict that
there is noother nretectlen for your homes than
nasty action for 'dainages; &owing out of a orlml.•
nal conversation with yourwifa awl an adulterer,
then , gentlemen) year Wives live in a Vert .
ouratmosphere: - It'that It all the,prstaition dist
in over vamr honeesZleitheriefetureneekaodit
thenolna of 'the • adulterer meant.ieut,erotentien
faetiag .That 'Mom pot pet
van out of thief Dft4n, lad
ought not to 'moron in thlaDistriet: Tha,lnutthr:
of tide -Distriet.'aborti ;altuther eetolloatVortha...,
bomatt7; - shcialool,a.l4lo • •
telrelain -
, . _
cna vse
. . . „
fldisdln the 'hinds; of the. injared :Set; thoug,ll
the law dies net 'pulfshadalteryttle: crime, does
it not Stay its whin invoked evilest the
husband who turns his owe avenger? ".
The counselthen - priCeedidlo consider the self
motion in which adultery is held as a provocation
at the common law, and rehired to Maddy's case,
let Ventrie, 158: 1 Reble.'B29„ - and to T Ray
mond's Reports, 212. Maddy's eon emu - decided
under the auspices of Hale, a. J , Who was the
greatest lawyer of Mirage, and Whosie,great rule
was that "In the adminietrationef justice I am
entrusted for God, the king; and the pountry."
Se referred also to Blawgruge's Case, 17 State
Trials, 70; Carnegre's Ogee, Lane, 79; Chetwynd's
Case, 18 State Trials, 396; Hawkins, P. 0.. vol.
1, obey 31, sec. 36 ; Foster's Criminal _ Laws.
298; 1 Heats, P. 0., 234; 1 State and
5, Elwyn's preface ; Wharton'Onierican Criminal
Law, 9 83 and 984; and,Oreenleaf on Evfidence,
vol. - 3, - eee. 1, p: 22.
The counsel has else read thsieseeirldeli„waa
tried in this very court • year or two ago—the
case of a brother indicted for the murder of his
sister's seducer, in which** judge told the Jury
that the status of the prisoner's mind mu a mat
ter entirely for them to decide—a °bergs which
was the law, and which was creditable to the
humanity of :the ann. And in that ease, the
jury, within fifteen minutes after the ease was
given to them, set the prisoner free. He referred
to these texts for the purpose of showing that the
greatest provocation a men can give another is to
pollute his wife.
Whom does the adulterer rob? He puts a spuri
ous issue into your. family. "He compels the 'W
areing of your loins to mingle with his bastards.
He put his bastards to robes with you lawful
children: Is not that enough to madden any man's
brain, who thinks tipeatt? - Stye Lord Holt, , °/In
adulterer is worse than-a burglar," for lie robes
mart's posterity. Think; Said the counsel, Of the
District Attorney of this court prosicutieg thieves
and burglars. and then going out of this court and
compelling Heaven to turn Its face from him in
disgust at the enormity of his crimes ! Refusing to
protect Daniel B. Malta' house against the great
est malefactor that walked the faced' the earth ;
himself keeping the burglar out in order that the
adulterer might pass in. Why, the burglar could,
not compare for a moment, in point of aggrava
tion, with the heinousness of his crime -
The question which I present to Your minds is
this • Whether when a man receives a provoca
tion which cacaos In amount of frenzy
which he canno - tcontsel, he is responsible for what
he does under . the influence of that irons?? It is
folly' to punish - a man, for ,what _he .eanuot help
doing. If you 'concede that the Artinepart is man
that be cannot control iti you cannot make him
oriminally responsible for what he damneder the
influence of that transport. To stab an adulterer
was not to draw a weapon within the meaning of
the statute of James. the Mut, even though the
adulterer' bad no weapon, because
-it moreover
meant for .the protection of the adulterer. Em
ir* mat that when the Roman Empire btoame
Christian—that is, when it was established an the
principles of Him who spoke as never man spoke,
and who preached humility and meekness on
earth—under the reign of Constantine, adultery
was made a capital Grime, and continued till
Justinian's time, and long after. Some are of the
opinion that it was so even when the empire was
heathen. But when a society isioemeie Obriatian,
then it is Christian to punish adultery with death.
This biOnghe him to 'the fourth question—lna
reason of the rule as to killing an adulterer or
adultreas hieing manslaughter. Is it confined to
the discovery of the ant? Will nothing else do?
Is not the man who discoVers some sign, atter the
admission of guilt by his wife, corroborating the
statement, as ninth the 'glottal of passion pa he
who surprises them in the act? Is a man to wait
until he can detest the actual position before he is
within the rule? Such a thing may happen. But
if a husband has never the right to slay the adul
terer till he catches him in a certain coition with
hie wife; he will never bore the right at all. It
has been said that the women goes to it, and the
email gilded fly does* lecher in our sight," but
thatie the only instants of coition that Mute
undid' our eye.- Now our position here- is to
this: That -to wash the adulterer in the fact
means to catch him so near the fat that
there is no doubt of his guilt. If you caught
the adulterer turning out of the setae bed
i n which your wife was, would you not have
a right to kill him? If you caught hint coming
out of the room where - she wan, in such a state as
to indicate what he bad been doing, whuid you
not have a right to kill him? The questionis this:
not how to (*etch him, bit are the parties guilt",
and are yen satisfied and confident of their
trait? 130 matter how the proof comes home. It
is the rwoeocatiorithat Norkeen the human breast.
eyWhether the fact actually 'takes place before
es of-the husband, or he becomes satiated of it by e
irrefragable proof, is perfectly immaterial, The
provocation is what the law looks to. - We there
fore say that the rule reducing the killing to man
slaughter Is figuratively expressed. It is but say.
ing that the man who kills another for adultery,
if he does it when the proof strikes home—finder
the passion then seated tied when it is uneontrei.
labia, inner, tin filcher than the nominal criminal
ity at the oensmonlale: -
The seine groat dramatist from whom I quoted
this warning makes the catiff lago inflame this
' Moor against the supposed but unreal Infidelity,
The Moor demands proof of her guilt and bp is
made to say--
t. Would you; the strpervieor, greenly gape on t
It Is imposeible you should see this,
Were they as prime as goats, as hot as weave,
As salt as wolvee, in pride, and footsie grata
As Ignorance mode Musk. But, yeti. say,.
If imputation . and strong oireturstancee,
Which tesallrootly to the door of truth,
Will give you 'enormities', you may have It !"
That is alt any huabiikd sari- egpsot—the Impu
tations and oirotoustanosa leading to the door f
truth; - And if he h never invested with the right
till he has:4one more then -that, then the' nth is