~~;y~,y
gAIIgaViUA
~ -", 4 :, ,, , ,, ,, ,,w rr it : eneikels* - -. 1 1." ,-,, : •
" t,...f-. 4aitt:EJ*reiiit... --="
4 ,P l •rn, •: - 4,-.2,,, estn. i' ' - - ,- k. -
,7:::,,e., - 7 - - --,3 ~ .iP''---, r-- ='- - '-';
'"!-tI;U f-d4looo44ll!"'tr'''*'-'7
"-34 ' ril t i t l i, "' littlfttillrgroi
'rr--17 •-• it- iri f , ' • : 1 .- - 1 .,,-, pf i a irritoirrief
".. -
as groini-10140. 011-, qiild
-4 ~ , , : .i p -...
~1
v i u'id o " 4oil,4llmliblive-
,;-
e l l i i. ol ?:ri z . .. „„ y, i,, :
' Y - ' * P-,!•Arili:litikit# l ,P l lo.r. ;ie sus
; , " - :. 45. • ' 4 iikoiAlig6AVAo,ll l4d47 '• l6 ' • ~,
.. , :. -- ft - Rz - ' 4 :-': - :':'
' ',,, '''":410,40 1 0: 11 ...409r u nfi 550e ' be4 70:,.,1,,r0
. ~ ,‘ ' ;i441",,...-:'1 Mr..7!"..7`A'W.,-,:,;:•!.."t"....,;;Z1 00
~ I . iiiii 1 il'A.-:.'.liA 1e.'14 :' P ,v-: ''''' . i ... • •..,t, 0 „„-,.,„,
oaisip7.77.,
' 1 4 :1&.--.031 4 1 4-. ',l. ,i 0
'fir s
° " . J .,- tyi a i••; oi soriivrt-Ir4- 1 ~ - -
-- ' -r at w
' •jf e - r -i- ' -thi ' ttod, 10 4 -the MI "r•lik;s44iti'fai
otwax oyitin t ielent , 4oo ,„ .:r, , ,
- 1ni.r#TAT , .....,„, ,--- . , .-- .1- -,. - -,-.
,-„ 4 , tg ,, y , 0,L,t„.------„ iavt,ir isidialiwii „„
,6.-iii-iioor.o.-7 ,.. ":.'-'','
w . z.,,4-.-L.,..--• , ~, •• • -
=3:l' ..41,t_42„int11550,01)14‘
1 5-
_
111PORTX1r. AllllOl-108114A107
INDROIDIIIIIIII4
. I Tinti: 4 °Onni'& o , &e.
t='' ,nAs Itlilio l / 4 1111 - TO , -
NV. 15 ITORSHI'OI7Writ STREIT,
. 116 11fNE1 1 4, 61 r• tiscOV. 1 Thods. !Ake, kt 4 , l v#ll
dal*, JOBB from Auction, In 'widen pint and Short
thud , mar4.2m
ss ; CO), . 1 o;
1f01143-**itig AORTHAIOURTH STRUT,
• •
. ,
'it If GIVIS V 1.1411) Gli.4ll,l4pAlY
HOSIERY; "'
,8;*101:1344 1 . 1 444%,
AsulilOaffinliimmOiowettinfir complete sal vat.
ApArTED
8011T/DOW: AND, SODTHWEEMIDIT:TRADD
BIMXITTiI3IIXTON biffgARLNGEN
Doi* owndnist Stetio,-
'l9lll T
/ivy, ' oarth , North
• -1111001811 - 414880171111 NW 01 •
'• ; ,-PT : 1 -P;= -2 P.:*'-r- 1 f t:P I Z - 7 8
. .
, FANCOY. , :I3RYw. , ,GOI.3DS,
.lsQ relied* adtiek they olterfor nu 16' bowels lion
an parte of the nape, Statee,:ea thereast Metal termer
- "
$Ol-IAFVER' ROBERTS,
• • ofmatitant mum •
IMPORTERS AND JOBBERS'
sosimar i imotle; " ,
wmpas,',ookßP,
lI~iR9~,
Loogitlit-ebuilsa,
0111-7,ANOY GOODS,
hil4lat
DoPlasma-Pile*.
AT)4W.IQR)I,-811()E
isitAitstiii,
r. , —, , NANurAortranne AND , ,
-WHOLISALAI EXAMINE IN
las BROADWAY, . • , :
•-_ •• NEW TORE;
IniaN lhoutiox;tala Nal N
litsco: - Oodusullie oo,' WY.' O. CLiaosirr, N. •E
.Bipitaa.s Pso./„lii.is, Bolton,
NIDIty;
ALLDIALIM
rAgITZEBB AIR"
HOOTS, AND
':‘,lr.j - i*„.TIItICDAUT 4ROH'STABEM,
-• ,
• `.
•-• • ' !, 11
....
ifto .11-11‘aLAB ! ,*
tea A=
EO.I..tER 8e BROTHERS.
7 --,
- wuciLiitia
AND:
.482 , 144lickli
/ 0244 0 ,-. .71 - .- - ..-17? ST4I4. .
- P.IVIEXATANIS 8c cp..
waoLzseLs
'V 0 0 D
Vet ; A R E H OUSE.
, , -
BHOISOLNIY;atioEs... , • :
Tie ItsvOtompiatett their .
:BOOTS' ARO- SHOES . ; '
to *for the lowegt rises,
ml tkett,Oinstforook.
VEH, EVBEHi 8111171,_ lc
4O3MAsxer.s~rn s; ,
, , 7 Atepeelcierth ) s,P MOM
Idatit - it.Txtyci*OpiEsOrr &
• mnoutima -
_ .
.94 to: IS4OE
...,-. • So. 814 418.1. ILET
A** 44 sid.aid aNtaiiiat Noidoni sad
tiff, •Idiad r ellafdi: 4 ladaatikaO • -swam
pfirLAnErittu,At
10:T 0 R
•S. ." , : - EDSO 400 :.,
*0•; -13 :li:lickgrylc - 0 , r,r117,11. ST
itio cif WOW,
10 NW, w ekiltp!!!!! „ :
*01,11;;.•; '
With, er.vrikivit hs,L, fobs found in law 461. et th
lowfsteask plaid : ... • mhti.i.ut
L E E' vioir; alrocx;
1100 . /"AND 88011*.iliNNOtlai
*11„, N:tr - ,
No, b 25 NARKEZATRINIA , PhiIudeIphis.
~we ti now ai - 4*844 ,1 , 1 1# 4 i 1 . 4 i• de*, 3 4 041
and Moro, of ad dimariptlouirjot our owe and laatora
attontiow of
pibi:pan ,
VIVRE 011.4100111AUR-AritillST
.A."lo;er. lett ItOithirOUßTlCßtrestirro ,
/*Wall - tk4 , 4tillerailOsooTHXMAima
11916:1 , W 111111150EARTIV-verilmiladkit•that Ate atew
Wines to'maustsottue itralostabl• Boots sod Oboes to.
ebieS;
itssißited Ulf hisivoirwM jiveriesitlitistiou, both se
Multi( aapedor thatsti , roisailzeilttotti , st matorialis
thrle.saw
: A. , ,, ::, ~ f .i":'i,:. 4 o_ hiik4ii*:;'o4l4f,9.:-7..1,i'_,
lUNGkitiOkrik 3 SMITH. ,
, trr'
r, t
nos:,,
v d ,f,fl G ll:h.ft , VV.: •
• '
l e rAtil ; '.ol . 4fOßTA ;;VIIRD Orlint
rt ,*,, , kJ:
'lO
itntleitl y Oß /M .— B i r•
.„,„ ,A ~_,,
~.-..7.,„.„. :.,
B„ ..,,,,,,,,ar.—wiii-sz
, .14T---, : .''''-. ;', ','' , : 'll " r-f , ,!--' --- •,";kiLiv ',,,
100X4VOCIPVCrifiSZNPItrot, All
-VeiroatlattZiOlOgredt
===
2-LNO.- 222.--
G#AND :.OPENING
,
PARIS MANTILLAS,.
EiTIODING: OVER THREE DAYS,
wcars3D.4.-a-, .0.-PErtr-, 18, 18159
The'liabialbers beg to'sniounce that they will hold
EXPOSITION
IIIpORTATIONS AND MANUFACTURES,
PRESENT AND APPROACHING SEASONS,
And to provide against the ooatingenotes arletog from
„ the iartabte eonaltiors of thelYeether,
at this Eeilion of the Year,'
FOR Ti4REE DAYS,
Whin thsfwlll exhibit the largest display of these
• BVIR OPENID . IN PIILLADELPIIIit
J. W. PROCTOR & CO.,
MANTILLA. EMP,QUIUM,
708 01 BTNUT ISTIVEINM:
SPRING- AND SUMMER
CLOAKS AND MANTILLAS.
01 0 MININCS
TliXft - X It NI NG.
'BUBNOI8,•OA8800K4i BAWL% GAMES,
- ,r• ; ODOM SILK, AND LAON,
Iii1114111T . :112fD '3l k. °Lir SIV ;WYLIE.
;,1". CAMPBELL,
ip•Bt;-. 011.EaTNUT.EITILEXT.
RI • ,AND STAPLE DRY GOODS.
`-"
, LEVY & co.
Hays now open a choice amortmtmt of
,NEW SPRINQ_ GOODS
°banker their owls importation, Which they offer at
.tie fewest Priest at which goods of similar description
'are sold in this city..
-
EVEI3Y VARIETY OP
ititiff DIEN (SHOW r. • _
auceocouseirdsie,
intekliptvs, - A.waeonntrzu
• • ••-
• '••-• tsunamis, •
' • • -mans (100D8, ,
BOYS*. 19111Att; •
„
. &a arc . •
- Wiil be found in complete and full assortment.
- ROlrand . 811 OHESTNUI STREET.
-•••- • •,•
0 II ARDS ..
WE RAVE JUST' RECEIVED
TWO . OILBMI3 OF ^
F .- 04j1:ARt) ROBES,
NEW AND RICH DESIGNS
THOS. W. EVANS & CO.,
'BlB and 820 CHESTNUT STREET.
sJaa•ti ' - •
DESIRABLE AND SEASONABLE
DA Y ,G ODDS .
topm SOBE Dinons,
JODLARD BILKS, BOUQUETS,
fl •nd $1.25 DRESS BILKS.
0000ANIIB DBENADINE DREJIBIKB,
BERNADINE DOUBLE SEIRP DEEMS,
PIN PLAID BROWN BILKS,
ORIN= BILKS, RIMMED.
resaioNAßLß BARING BABSBIS.
EYRE & LA.NDFax.,,
•, - ,`'FOURTH AND ARCH.
'Athol
RAPSON'S
No: lONSRTHNIGIITH STREET, •
Are now ope Was, end will oontinno tveieive,
NEW AND BRAUTItIIL STIII,IO
or
, LADIES' DRESS TRIMMINGS,
• • - *OR VII SPRING BALES.
•. 'R 'P S 0. N'S
lAMBI DREW TRIMMINGS and ZEPHYR WTORS
CORSIBB RIGHTH AMR OIIIRRY.
II
‘‘ THORNLEY k OHM
Would invite attention
THIS DAY
Tilt; lialestoist
- AMNON 140.11 AND MANTILLA GOODS!
'PLAIN °LOTH . DUSTERS!
LIGHT. SILK RAGLANA ! .
TBAVICLLING 'CLOAKS AND DIIATEDEI, Au
BLACK STELLA SITAWL9.
• - ELAOIE OIL•BOIL'D BILKS. '
• RIOIT'PANOY SILKS AND DRESS GOODS
,PLAIN' AND EMBReIDERED ORATE SHAWLS, Al)
TWOWNIABII — *
ap9, • J. Owner 39101711.4011PR1NG GARDEN.
850 ARE NOW 1 Q4,Q
V* MINING Ova MIRO auel
0NN105.111
" A'N T L A. 0 ,
witoLzans TRIOS,
To whieh we invite the attention of ,-
0015THERN AND WEEITNIIN
lIIINOI/ANTO.
W. PRODTOP.
fen , • Taa DICESTNIIT Street
MBE MOST BEAUTIFUL aimprtment
of OPRIEI4 CiCiODS eau be found at 111OZGROY'd,
whore ',downier in. style is nulte:d with :economy in
Polit'd• Chelsea, 4eZspegues, Satin Mohairs, Cheek
e Portia, and all th e new etyles of Spring Goode.
, > BlssY and raneythilks of superior styles and quail.
. ;An ImmOnstrand elegant eaeortment of Stella Mettle
atvary low prises , - -
4'spiendidaitortreent Smbroideries.
- nth wow openihrottr Spring Cloaks and Mantillas,
litobteeing many slsiptut styles entirely new. -
Oloths, Saaatmoren, and Satinets, Shirting and Table
, Linton SallooO, Lawns, Gingham, Shirting andlheet
lugplukins :fte. - MoSLROY,
- !!1 0 4 , -:Rwtf • • NO. Sontla,2llNTS Street.
,
Of bargains from - Amnion.
011kANitl ;iIOSIERY STORE.,:--Tho
attention of families and
other., ii. ibis s 'wropit noeinit, UNDlactAit ,
lartcro,, lad gdodo '.gensrally ' appertaining' to the
Hosiery fuellthtiesiftif Ledlear, Gantt', and Children's
t ipon examination kis stook *Hike found to be
unettpalwia for rarletY frtany other: in. the city, and
Ma prides ail low no t,tiono_of aarre*nlar haul*.
f North: NOSTH-Stratt.
'.',-:,_:Et , :l ~ f h•
'Piin,P4llAl.".
OLD ; , TOll( `` LONDON :VORDIAL GIN,
.probouneed by the Medical College of Lenden the
beet ,pests tot Oeesumptfon,firelbli Dyspepsia, Gout,
f l Uotosetlsm, Ohille, lever, &e. Pot sate by ell the
lad
Of Dragging Omens a Phil4alphia.
OLD IrOhl.. fe imported F. D.
,LONEIMIAMP,',ImOrtat - at nen* Wham and Dna-
Alas, - (Hai k,04 21.7 Booth S WOT Street, Phila.
dalaida, -, - • - • - • = apll.lm*
MEE=
•
,
N-: „ ..,._..••., ~ . i t .
....„_ _
~,
''', ',;•.: Al I //1% , '' *. -", *elk** • . .
‘,-... .., '
" ~ ,:ipt :: ' ..',:. \- il l'' , '' I 1 _Ara - . - ' " ' •Irtis'
. ~
. ,
' - '',
• , C .. exiii,i_x,-- . , r.---, , , 1 ~..... , v 11 , / , 7 ,-,,,, ~ ~ -- , , /l it ,
. ... ,g,-. , /...........:;• • ..,. . -,,_-
..„.. 10,24,,,,,Z4)q ,
„ a iial ' - .. 5- ' ; " - - V: ; - , ' ''''' tr Ift . ' ~,
~.
r; .--
. . _ ..
= - - -- • '
"i...•` - --., r i- - Ad — •:. , - ,- 7 , ....7....-t4':' , ,.?,..,' iti,:, r: • . ,_,, i ,
~. l ow
~ nI . owl ~.•, :. ,-; .: , -
I
.. . .
._„...
-...-iy , • •
..„.„...•-4, .....:•,..,..,,:.:!.,.......:: , 'zs zu •
._..,.,...„4„ : ,.., . . \,,.:•.,.. f ,...:. . . .. „ ,. - ....„., , ,,, , :4,,,,,•..... : .,...... „ 1-!).. 4 4 6 ,......,,,. 4 ,..,..
~..
.„
~..
.._,._,____y ,
_ . ,
~,.,.... ..,.. „ . ~ .. ~ ........,. „. ... . . o r . 2 ..,
....,...„ .....-,..,... . . . 7 ., ~ . . • • --: • ------ ~ +
-• J ~ '‘ • ,'
. .
.......---,,.a.,..,......,„- -.L, --- _ .... .-..- ----- 7 ,-......t.,, , ,..5
. .• . ~,,-, -.................. .-:,-,....,,, --.....,._„44,z.. f
• , , . • , .!: • :
, .
„
, , .- • ,
. .. . .
•
. •. , - P.Y ,. ./•,-. , - .. ,
*mil, Mt 2 (s°°b°
AND COMMENDING OW
- -
NOB TB
On Monday, dpril 18th,
will continuo it
VIZ L.
MORDAY,• APRIL 18th,
•
WITESDAY, APRIL 19th,
WEDNESDAY, APRIL 20th,
/Rhtenable Garments
THE PARIS
PHILADELP I IA
ilArg i.crobe 3obbn33.
SPRING IMPORTATIONS.
.18 5 9 .
HERRING & OTT,
Cloinex. EORRTH and MARKET Ste.,
Are notrprepared to offer •
OOMPLETB
v - - • AMORTMENT
BILKS, • RIBBONfi,
TRIMMINGS, - EMBROIDERIES,
FANCY GOODS, d‘o.
febt-8m •
yA.R.D; GILT_AMORE & 00. 1
Noe. 40 and'42 NORTH THERDEURBET,
LUDORTinte AND MALMO IN
84.10, RIBBONS, DRESS GOODS,
WHITE GOODS, LADES, LINENS,
• EMBROIDERIES, &a.
HOSIERY, GLOVES, MITTS & SHAWLS.
tot?-3m
SITER. PRICE, & 00..
IMPORTERS AND JOBBERS
‘' OP
NOREIGN 'AND DOMESTIC DRY GOODS,
816 MARKET STREET.
, fel4lm
SHARLEIGH, RUE & CO.,
DIPORTIRS OP
LINENS,
WWTi GOODS,
LACES, and
EMBROIDERIES
No. 829, RABBET STREET.
117• Our present dock, selected in the beet ittropean
;markets by ourselves, is the MOS* complete we have
ever offered: ' febl-13m
MoOLENTOOII,' GRANT, &
Importers md'Wholuale Donlon
MOTO,
eisannam,
•
VBEITINGS, and
TAILORS' TRIMMINGS..
383 MARKET STREET,
(cri sane,)
febl.Bm Philadelphia.
S T. AUGE,
:OEM OP .
AIIOTION AND GANIBAL
FOREIGN and DOIIESTIO DRY GOODS,
No. 8 BANK STREET,
Between Second and TWA, below Merkel.
nurB•lm
NSPACH, REED, & 00.,
A
WROLEBALE DEALERS
D.RY, GOODS,-
No. 180 NORTH THIRD STREET;
(Southwest corner Third and Cherry (MO
feblB-2v "PHILADILPEITA.
SPRING - OF 1859.
JOHN B. BLLISON & .SONS,
255 1M.14:61' STREET,
IMPORTERS ABB WHOLESALE JOBBERS OP
0 La:o 'X IT Id
. - ,777, 1 ;04 6 e 1 4 11 7 -4 / 10 . 7 0 -41 V :
Itoiihtclol4 iitenttakig virn;iis as invite:.
tellm
S..STEWART 80 CO.,
'BOSRARILET STREET,
Importers and Dealers In
BILKS, SHAWLS, OBKVATS, BOMBAZINES, DEMI
GOODS, &0., Ice.
We are oonstmitlj reseiving New Goods from New
YOrk and Philadelphia Auctions, to which we invite
the attention of parchssers. apt-tmyl
'FITAIAN, JONES, 63
wnoweil DIIALEBEI
FOREIGN AND DOMESTIC!
DRY GOODS,
240 NARKET STRZEIT,
Four doom below Third, Bon* olde,
PITILADILPHIA
JOHN H. BROWN 8e op.,
IMPORTS= AND JOBBNBA
or
FOREIGN AND DOMESTIO
.DRIC GOODS,
• No. 807 MARKET STREET •
North aide, aboriThird Street, •
Waft PHILADDLPHIA.
1‘.59 EP ING IMPORTATIONS 1859
"ROBB, & WITI-1311E68,
411 11ARKEIT Street, and 618 001480110/11 Street,
PUILADIMPUIA,
IMPORTERS AND JOBBERS
Eirral3 AND F.A...1.4 - crsr 431.001:)13,
Have now open. a complete stock, to with% they In
vite the attention of balers. febl-Om
JAMES, KENT, SANTEE,
& co..
IMPORTERS AND JOBBERS
OF
BRITISH, FREN011 1 ; GERMAN,
AND AMERIDAN
DRY GOODS.
289 AND 241 NORTH THIRD STREET,
Above Base Street.
sole Agents ter
MERRIMAOK SECONDS
rebid dm
Pavia Stsaza, Jew. Wise?.
7t003 RIZOII., Wu. B. lidtaD, D. H. EMS
LEGEL,
BAIRD, 8o CO.,
LAM 0120111, LAYB, & 00.
IMPORTERS AND JOBBERS
DRY GOODS,
No. 47 NORTH THIRD STREET,
PHILADELPHIA.
01:73
, • . SPRING STOCK
lenoW complete is all Its departments, and ready for
Mims. 'Prompt-paying merchants, from all parts of
the -1:folen, are reepectfally solltdted to eel and oil.
Mine for themselves. • fable 8m
Eitattottern.
HENRY COHEN,
••IMPORTER AND DEALER IN
FOREIGN AND DOMESTIC
STATIONERY.
.*Axtrctoitritzu ON ENVELOPES IN EVERY
VARIETY AND STYLE.
' !tr., ANENT TOR ARNOLD'S ENGLISH WRITING
507 CHESTNUT STREET,
, was22.Bm OPPOSITE THAI STATE HORSE. .
CHARLES BRILL/KIN
r DRAW& IN
PLUMBERS' MATERIALS,
AT NW YORK PRIORS,
310 MINOR. sTainlT
jilo•Hm*
PIIILADELI HIA 1 .APRIL is. 1559.
rtjtlrt
MONDAY, APRIL 18, 18(;:'2,
. ~.i._c..
New Btoks. . 1 . " - .1 .
- e
c : 1.
Mr. DAVID Masicet t eOho is Pr nab 'l'
English Literature in.llncriirsity Col ice;''
don, 6-
has published the • 1l 'fit ivolutner. &Are:
of itten (1); in whit:llEoe -tatbjecti trained
in connection with the Political, Monisti
cal, and Literary history:Br-the .pofettfine.
When it is remembered beet Murex - .ltfien,
during the lifetime of Sitatconetan thleXhti,
died in 1674, or within I.L Years of spat
Revolution of 1688, and that, he a '407 a
long . time as Secretary to atuvua (SI ;ors:,
it must be conceded that hie ,blograpi,6 ght,
its
to be more than merely pe r sonal.. - is-'
tem has given himself apacb enough
• out
running into diffuseness, and this firs LiOtt - ,
#
of his labors, tracing Muerosier'youthf „reer,^
his collegiate count), and his-contin .titt.L'
eels—the whole occupying cram 1608 t 040..
is executed in such a manner4s I& krter
anxious for the concludhigc.i.two , , nines..
Portraits of MILTON, at'the reepectiv Otiof:
10 and 21, and fac-almiles . of Mahan Ifilig,
suitably embellish the book: ..t..' : - - ".t , .. - ,
The Life of Baron Von Stec en, by ;It i tt
.11 11,
neon KAPP, is an elaborate attempt t ake a
great hero of the worthy ,old Prussian , nkr,
who( joined WASHINGTON, at Vnley r '' - ,_,Au i
FebruarY 1778, 'and undoubtedly did olOr z .
cp t,
vice to the American - troops,by drib -Ahem
into discipline. Mr. '1 APP greet] • 0, es,
STEUBEN,, his countryman, bed .ficce ;h ~- ,
case the falsehood on which he Vat . .e
rank of Major General in 'the Attie -,
vice. In the famous Sevin-Yea
+STUDER rose - to the rank of' Cape lithe
Prussian army, on which he ed. When
it was suggested - that he shonl rmi , 10,
America, then engaged in the' c. 'de.:
L
ict..,,
pendence, he passed himself off n a?,-'br.
FRANKLIN', at Paris, a 6 a , t Lienten t cetieral
in the Prussian army," and was in °deed to
Congress and to WASHINGTON unde 't ',lnto
title. Considering that Srzintz . reply
knew a word of English, and that h "fig "a"
hard-mouthed, swearing martinotgit rd
prising how wellhe drilled the,'Arte can
troops. This. is his only claim• totaetiMar
remembrance. If he; deserved a ttart4dar:
biography, -it might well have bees hahthe
size of this heavy volume... The arOorf(de
preciation of the character of Laroirstl -Is
uncalled - for, illiberal, unjust, and ichollyout
of place. ,
The most suitable monument to themetAry
of S. FENIMORE COOPER is the beat we might say, the luxurious edition,' With' Mita.
'rings on steel and wood, from 'oil
43 Matte
signs by BARLEY, of 'which 'the third
,fi ohne,
containing The Last of the Itrohicas Al
1
before us. What a weight it has in thiem- 7 .-
how neat is its bevilled cover, in' olififnd
gold—how rich:its cream-tinted parcel. - , 40w
clear its type—how exquisite its illustri,ttips l
The two vignettes on steel are indeed *in
ful. baster draws horses as well as Ibutolttra c
does, and be hashorses in each of these., tce
learn that of this Cooper series the firstiffibrt
Was 8,000, and that ithas been necessar*:yge
to press again. '
Whoever desires to read . - 'a thero4ly,
good English novel, may take up The RoMrice
and its Hero (4), written by the atithcit'.of
uMargaret Stafford," a book which t we'd net
know. . This is evidently by a female a or,
so thoroughly is the womanly charm!: de
veloped. We know not when any Oto,lone
t
so much interested us. : ,: ry ,.
' Another very English book IaJOHNBRA:Wif
Sixty Years' Gleanings from , Life's Harks.
It is an autobiography, and apparently, atory
honest one. . Jona - Blum is a living 'Mtn,
Who commenced life in one of the suttees - of
Cambridge, the famous English Univesify,
as apprentice to a shoemaker. Ill.treettent
by his master' consigned hint to priamothr; a
time, after which he was a soldier, a dearte.te.
a sailor, a journeyman in London, a fitkty t ..
p u gilist, an actor, a "clicker," and fitiely.Pec7:
turning to Cambridge, built up the Unitoraity
Billiard Rooms there, which are' til4ruen,
complete and extensive eatablishrdelitl Wit'.
sort, with one exception, in' EnglatuL'lN'firt:
one who has been twenty-four iletitif.., ; o eitotcp
bridge has heard,otlonot - tineyeztp , .t.:i - ,-,. tydi, -
way, is row. a man, of weeltbi': ;'"s ... b
elected a - Tewn Councilloroic tc --, .. .s..
1 , 44 ,, x -s-ni, a.- ...-------vit- . - priveryarilf , .. i
,company during the first ifftyyearotof his Ma s i
and introdeces us Very frankly, to all of quid.
We have met with no book conveying such, •
vivid sketches of working•lifo le England.
Emphatically, an excellent book. „
Three new voldntes of cc The House.
held Library," (d) have just been imucch.
There is the Life of C l otentbito by Ligearist,
a brilliant sketch : MAOAULAY\i Life of Fred
erick
the Great, (down to the close of the;
Seven-Years War, with a continuation by a
German writer,) and the Life tf inittaat
Pitt; by Meeenzar —which we lately noticed
in advance, Anita* Prefaced by a looltraphy
of the elder Yew.. We do not know fray blo.
gtaphical series at all equal in yalue,.cott.
pactness, and low twice to his collection. ,
,?,'he Chess Hand-Boois (7 ), by au Aniateur, jilt
phblished, compact in bite and price, is just
*hat persons who w,ant.to learn the game
should procure and study. It will teach Them,
the rudiments of Chess, and it gives various
games, from the simplest to Iffearnvls wonder
ful examples, which are invaluable. ' Here, as
rather apropos to the subject, we again con
gratulate the Evening Bulletin on tho admira
ble manner in which its chess column is con
ducted. Its chess editor thoroughly under
stands his difficult subject.
ALEXANDER DUMAS, in Ms wend:n.oll ro
mance Les Trois Mousquetaires, with its• nu
merous continuations, has made the reeding
public well.acquainted with the French don't,
under the closing years of 'the reign of Lome
XIII and the Regency of ANNE of Austria:
The groat Ministers, Monetize and MAZARIN,
figure largely and familiarly in his pages:
There, too, we somdtimes find the fair and
somewhat frail Madeline do CIIEVREUSE, aDE
Roues by birth, a buchess by marriage, and
a political iatriguante by nature and "position.
Vinton Cobano's history of this fascinating
lady, translated by MARY L. Bourn, bas just
been published as the Secret history of the
French Court under Riche/era and Itfaxarin,
(8), with a fine portrait of the lady. It throws
great light upon an interesting period of
French history. It is handsomely got up,
too.
Frank Elliott, or Wells in the Desert (9), by
JAMES CLUZEN t is a religious novel, the story
of which might be, told in a dozen pages,
though it is here expanded, by polemical dis
cussion and disquisition, into nearly three bun•
dred and fifty. The hero is a poor boy,
brought up by Mr. Lovegood, in New Orleans.
He turns out well, adopts the Baptist faith,
abandons the " cumbrous and nnauthorleed
forms" of the Episcopal Chtnch, and finally
marries a young lady In Bourbon county, Ken
tacky, " at the death of his uncle, by whom she
!Lad been raised." We have heard of raising
teen crops, but " raising" young ladies is a
novelty.
A new edition of The Pearl of Days (10),
written by a laborer's 'daughter, in England,
is well-timed. The object Is to show the ad
vantages of the Sabbath to the working classes.
Heaven's .dntidote to the Curse of Labor (11).
by an English mechanic, is a more elaborate
essay on the subject, not so well written.
A now and neat edition, with flexible covers
of The Book of COMMO2I Prayer (12k, &e,
front the standard edition, just issued ty Phi
ladelphia publishers, (Evans & might
pass for one of the issues from the University
Press of Oxford or Cambridge. Tie only
exception is, that to the English Prayer-Book
are annexed only metrical versions of the
Psalms of Dem ' while the American 'ordains
only selections from the 'Psalms, 212
Hymns, suited to ' various subjects aid occa
sions. We prefer this American editbn.
ATTEMPT AT MURDER AND SMODE.I—WO
learn, from Mr. Mellen, mail agent. that yester
day morning, in Waterville, a coloredman at
tempted to take the life of his wife by dieharging
a gun at bor. The ball struck her in theioad and
glanced oil. Although the wound was avers, it
was not thought to be fatal. After diaharging
his piece, the man went into a born an!' out his
throat in a shoOking manner. The option was
expressed' that he could not survive. "ISe report
was that jealousy instigated tho act.—Portland
Advertiser, April 16th.
IRON, nearly pure, has boon disovered in
Texas, about twenty miles west of Motnney, near
the line of Denton and Collin. It aparently ox
lets in great abundanoe, and large.qu,ntities may
be piokod from the ground without Go trouble of
excavating.• A piece weighing thing or forty
pounds has been exhibited in MoKinpy, and sub'
jeoted to a few experiments. It' addle of a tine
polish, is soft and maleable, i 8 mall welded with,
other iron, and it is supposed will Old about' 90
per cent. of pure metal.,
DEATH ON A RAILROAD CAR.jA man who
TM in a critical state from bleediniat the lungs,
took passage for BO Louis on theßellefontaine
Railroad, last Saturday, and reread solicitations
to stop at a hotel as a measure of pudinoe. Not
long after, some of the passengers Xptroaohed to
',dart him and found that he hai died, calmly
and silently. At the next stStion le fee buried.
A NARROW EBOAPE.--Gant Frilay after
noon,a boy six or seven yoke of age, lamed Wit
liamGraham, fell from a thkd-story vindow of a
house in Broad street Place, Boston upon the
stone pavement below,,and drangely nongh, es
caped with a slight bruise upon his bed. -
Tax Jima of New York aro abo4 to build a
synagogue at a Coat Of $60,0(0. s
TRIAL OF:DANIEIA, SICKLES;
gaturday 9 e: Proceedlnge.
VERBATIM REPORT. BY IBLEGRAPIL •
WASIIMOTON; April 16
• We are requested, on Abe.part of Mr. Sickles;
to Mate that he deeply regrets, for many reasons,'
but particularly: for the sake of hie .ohildi who
must one day raid the reoord.of her mother's
shame, that the confession of Mrs. Siokles..was pub
lished., The phblioation was cent rary to hie wishes,
and if - it had beefs within hie power he would have
suppressed it. • . -
PROCEEDINGS Or;TIIE COURT
;- The court opened at the usual hour, ar.d with
the euitel , larYerOlvd etteUdezee.' • ,
The argument on the question of the -admissibil
ity-of evidence qfp i theadultery• Was pretermitted
for the.presentOW order.to allow Peter ,Oegger,af
Albany ; ta , he examined, ho bolps desirous of re
. turpleg hone this afternoon. , , ,
'-ftitetliagger, examined by Mr. BrtidY.—l ani a
-niembbror-the bar, residing in the city "ofAltia
, ny . ; hive knOwn Mr. Sickles twelve years.nnd
'upwards ;; sea. Mr. Hey.but. onoo June, 1858;,
I woo infroduood, lam' by a ?otter from Mr.
.Stoklo6,,.nnd engaged him in a onie so counsel.
-To the (Thurt.:-rretained Mr. Eafe serving on
the ground of that letter of introduction.
• Not oross•examined. ,
Mr. Could. I - w ould 11Ito to,refer oeunsel for the
lefonoe to one or' two additional' authorities, 3.1
'‘Tones' - liciiv Reports, State Vv. Reuben' Sam.'
nol ; State ye John P. Creighton ; 'radon, 164;
State vs John Pergason, Mrs South Carolina
.Reports, 619.
• .
,
Mr. - Phillips resumed, hie argument. 1 e hid
:discussed yesterday" thePaneling'. propositions.:
.Plrat. That if the evidencebiferedleadmiesible
for any. arose, it mnsthe reeelved. -
Second. That the Issue presented by the indiet 4 ,
ment is not whether there ban been a killing, but
whether there has been a mhrder.
Third. That to constitute murder there main)
established a killing with deliberate intent or ma-.
Uoe prepense. •
fourth. That the Molise of the law implied a
wicked, depraved and malignant spirit, a heart
regardless of goblet duty and, fatally bent on nits;
chief. . ,
-Fifth. That even in oases of °uprose mafiosi arts,
ing out of *past grudge, if there was 'intended a
new, provocation,lt was not to be presumed the
killing was on te old grudge.
Sixth. That in oases where the Bur presumes
testicle from the eat of+ killing - , •the presumption
May be rebutted by expressions of good ,wilt and
eats-of kindness on , the.part of the prisoner to
wards the
_deceased, whin is'alwaye oonsidered as
important evidence, as ihowing yhat ge
neral'diargisition towards the deceasetfrom
the jury may be led - to oonoiude that his intention
Could not ;have 4 , been 'what the charge imputes.
((netball gd Russel; page 60E( ), That this pre.
sumptionuray also be rebutted by showing that the
killing 'wee in passion; for passion arising from
a sufficient provocation, is evidence of the absence
arcuate°. (Quoting from the Oommanwealth vs.
Ball, page 163)
Seventh. That as the law declares adultery to
be the greatest of all provocations, there could be
no such legal absurdity as permitting evidence of
the lesser provocation, and - exoluding evidence of
the greatest.
Eighth. This brought me to the consideration of
the admission of the preseoution, that if the accused
had seen with hie own eyes the very not of adultery,
thou the prevention could be given in evidence,
bat not otherwise.
This I demonstrated to be Wholly unreasonable
and fallacious, by showing that the eye, the ear,
and the touch Were but the' media through which
the facts Were circulated to the .brain, and that
this governed the will and decided the notion. I
Was illotetrating the position that knowledge of the,
adultery at the time of its commission could be as
definitely conveyed to the mind by the ear or the'
touch as by the eye, and cited examples to this
end." when the adjournment of .the court took,
place. -
Ile had yesterday presented a case in Mastro
tin of the falsity and absurdity of the, doctrine
that a man mast see the act of adultery to entitle
him to set it mp in 'justification. 'RE:might also
illustrate the same idea by the case of a blind man.
Ile had seen a picture of ifogarth's representing a
scene at an English hustings, where an old man,
with the snows of many winters on his hoed, and,
-Without his right arm, which he had 'lost in the'
service of his country, came tip to vote.. The old ,
MAIM was challenged, and the judge declared that.
inasmuch se the form of oath required the person
to
- place his right hand on' the book, and as' this
man'had
.no right hand, ho wee 'not a competent
voter. '
'Shat dootrine was about as absurd as the doc
trine laid down by the proseention, that the hue
band find the adulterer In the very net. net. Ba
, •pose a husband found the adulterer his wife's
beel:in a state of 'quiesoenee, or found him Mere
ors clothing :himself in the bedroom of his
Wife, woulkit be held that that fact would not be a
legstijustificatioxil
TAt, Distriet ttorne374l,ll=ut-1
41041•41:4itr4.4.40-064 , -his*lturvatitttirt • • . 1 .-" •
Kt Phillips replied that there was no reason for
`this title, as in the nature of things It mould be
impossible to make the proof, and, where the res.
son of the law does not apply the law itself Is at
an end.
Didnot the 'adulterer inVariably endeavor to
phield'himself from deteetion I Besides, if the has.
- band did , find thv parties in the not, how was
It to be proved?. The tongue of the adulterer is
palsied=-the tongtie of the wife, is silended by the
hoar—and the prisoner cornet give evidence in his
own clause. It wan not, therefore the mere wit
homing of the fact, but the knowledge of it, how
ever derived, which stirs the human passions, and
lashes them into fury. And if the adulterer is
killed In the transport of passion thus aroused, the
law, which is the rule for the govermtient of men,
has regard for the frailty which huge round the
human heart The moat liberal interpretation of
the law does not require that tho killing should
be concurrent with the actor adtiltery.
Counsel referred to ist Busse], 401, to show that
though the killing may be subsequent, yet It will
not be murder, if not done deliberately and upon
revenge. Counsel also, discussed the case of Man
ning, OH which ho said this prosecution entirely
rested, and oven there the judges unanimously de
' dared that the killing was but manslaughter, and
iso prisoner having the benefit of olorgy at the bar,
ho sentence was that he be burned in .the hand
117 slightly, as adultery wag the greatest prove. ,
croon that a man Gould resolve, and was too mush
folhint to bear. •
Yilh a view of testing this 'natter still further,
Ploie they weie tti donvert,thisjtidloial rosoin
tionof the judges in Manning's ease into a statute
°gala adultery, that any person found in the sot
alma suffer such and such a punishment;; and if
a ineron were indloted under that statute, what
amount of evidence, He irould ask, wield be au&
elentto emvinee the jury that the offence had been
cotunittet ? Would it be for a mordent contended
that the witnesses must testify to seeing the very
not Wolf?
Theetatttte of ktissachusetts declared that any
party vho bad been guilty bf the orithe of ailed
torY-4411 suffer so and so; and there, what evi
dence weft necessary to conviot a men under it?
He would reza,some of the decisions there. The
oouneel reformat,. the case of the Commonwealth
vs- Morris, Ist Oushtug, p. 394 ; also to id Picks
ring, p . 818, ease of the Commonwealth against
Murton. The rule was the same in other States,
and in the English courts. He referred to the ease
of the State vs. Walitioc, N R. R e ports, and to a
ease in Alabama, Ile also referred to the opinion
of Lord Btovell, 2d Greenleaf-It Evidence, where it
is declared ;hat it is not necessary to prove the
fact of adulterb but to prove such foots as lead to
thei inevitab,e inference that the offence bad been
committed The circumstances must be mph as to
lead the guarded opinion of a discreet man to such
a conolualon ,
The counsel would ask whether the knowledge,
on the part if the husband, of the adultery, is re
quired .to he greatet and More template, in order
to justify the provocation, than would be required
by a jury of 'twelve deliberate and impartial men
to convince teem if they were trying the Vety issue
of adultery? To ask that would be .to reverse all
our notions in reference to the 'principles of law,
ird in referewe to the principles of humanity.
' In the coma John, reported in Iredell, John is
a slave, and there being no marital rights recog
nised es between slaves; there could be no adul
tery. But the counsel on the other side bad said
that there woo lee distinction, in law, between
slaves and freemen.
. . .
Mr Oartitle. Oh, no 1 I did but Say that there
aro local laws, of course, affecting slaves.
Mr. Phillips supposed the gentleman had re
ference then to the moral principles. Be would
take that to be the case, andthe would ask, would
there be no distinction or differenoe of feeling be
tween the ease of a white man, whose marital
rights are reecg,nised by law and by society, and
that of a kiosk man, who has no marital rights 7
Tho very statement of the proposition was enough
to show its fallacy.
The counsel mould ask what would be the con
dition of the defence, if, after exoluding evidence
of the provocation, the District Attorney would
call upon the jiry to doclire that tho passion of
the prisoner, which had been proved, was thni
tious and feigned, not real'?
Mr, Carlisle hid thought he had noticed that
point, by saying that the passion was immaterial
unless produced by provoaation, and that a pre.
vious adultery MB no legal provocation.
Mr. Phillips held that if they had a right to
show the passion{ they had , a' right to dhow the
provocation for that passion, so as to exclude the
possibility of an trgument that the passion was
fiditions, not real,
The counsel referred to Ist Phillip on Evidence,
172; Ist Greenleaf, 144, 1 seotion 102. What did
they Offer to prove in this case? A - systematized
adultery, carried at in the absence of the amused,
in his house, and is the house of the deceased ;
that these facts were made known to the prisoner,
and that a few moments before' the homicide, the
flog of the adulterer was floating in the very eye
of the prisoner. ' ,
Under these facts, whatever calmness time
might have imparted to the heart of the accused,
after his first knowledge of the transaction; they
insisted that, before the killing, there was a new
provocation, sufftoient in the eyes of all reasonable
mon to justify
. the commission of the not. The
counsel was gnevod to see that the counsel for the
prosecution had laid down the proposition that,
when the prisoner had a knowledge of the faith
lessness Of his wife, there was Po cause for his pas
sion.
Mr. Carlisle only made that point in answer to
the plea of the hottfolde haying.been committed
on the part of the pesonorto prevent the orlme of
adultery: , ,
Mr. Phillips. The argument was that barman
the wife had been loathsome to the prisoner, the
signal of the deceased formed no ground for the
passion which would lead to justification.
Mr. Carlisle dieolalined any such idea, and hoped
the emit did not so understand him. •
The Judge said he lad - understood it as Mr. Car
lisle did. .
Mr. Phillips. His Donor osoupios a position in
this OM() whioh Soldim falls to tho lot of any
judge. De was not called upon to Atalse a law
, • ,
in this ease, but to apply the a nalogies of the , law,
to the new 'tuts presented 'in' Ade extraordinary
case. This sometimes occurred in criminal oases,
anCit signally eaourred in the present,; for, the
point here dismissed was, as far ar he knew, never
discussed or adjudicated by any • tribunal, in this
country or England.: Here they offered to ,prove
the truth. •
• What were the -rules of evidence made for but
for the elucidation of the:truth ? and- should these
rules be converted into an instrument for theaup;
pression of the truth ?;Before such a principle was
established it would be necessary, in the words of
Curran," that language should, die away in the
hearts of the people, thathomanity should ,have
no ear, and liberty no tongue, , ,' That Is the pe,
nod and•degradation when:alone,,such a doctrine
can be successfully maintained .in a -court of jus
tice, If on this point there should,baany doubt
in the mind of his Honor ,as to whether tholes
timony should be admitted. or not, that doubt
ought to be resolved in favor of the application in
this case:
The oldest trial on record, having any' attliicitY
to this, was that of'Ofestes for slaying-the atitilte•
rer of his mother,-
. whioh•tvas tricot before- the
'Court of the Areopagites. The goddess of Wisdom'
is represented as having presided there, - and hav:-
ing east bar oontrolling ballot - inlayer of the se•
owed, and froth that day we have bad the'beatiti•
fullY130; thits' derived, wherever civilisation:has
spread, that justice tempered with' moray consti
tutes' the rule which determines -the notion in
courts of justice. With these remarks he submit- .
,ted the case. • -
Mr. Graham's:aid the presentation of the 'cue is
I this : The counsel for the defemeeik that certaia
evidence be received; the counsel - for the' prose.
cation. 'ask that it be exaltided beearise; if received,
the 'ontrt is bound. re .a• matter of law; 'decade
that the evidence goetitor ;nothing. The 4aesticin
for the court to elites/11,1MB „iWhather the testi.
irony shall be firserecetred,nad theeffect judged
of afterwarde--Ild-thMt , Meted ' , the ,prapositions
2.whieh „were offered', yesterday Ay. the. defence.
We; he , said 'offer these five propositions on fair
grounds: • ••
First. , • Alf making , out a: jastifloation in favor' of
Mr. Sickles. . •
Second: As establishing the provooation Which
led to the perpetration of the ad: • '• •
Third. As illuminating the state of Mr, Sickles'
Mind with: regard- to insanity or a , mind; of un
soundness at' the time of the commission of the act.
' Forirth, Ae proving- the truth of Mr. Sickles'
deolaratton at the time of the affray, that the
mind that induced himto the commission of the
apt was Lthe , sense of the adulterous intercourse
ahitreeffßfr; Xey and his wife In other words the
feats show-that he was the instrument in the hpnde
orbit( lifeirallo oarry out the judgment' against'
adultery whir* is denounced by the court of Rea-
vein, and' it' •was necessary, for him (Mr: graham)'
to repeat thirs;lis the senior counsel for the prose
cution (MrAarlisle) had claimed that he had mis
understood hies
..!T, hormonal had entirely miscon
ceived the stele bffeot of his (graham's) ad
dress.
Mr. Carlisle. Quito unintentionally.
Mr. Graham:• In order to sustain the proem
tion, the evidence, it is claimed, must establish
four facts:
First.' That the defendant was moved and se
duced by the instigation of the devil to perpetrate
the crime.
Second. That he killed the d efende,at feloni
ously
Third. That the not was against the peaoo and
Government of the United States.
Fourth: That at the time of the commission of
the riot, the deceased was in the peaoe of God and
of the United States. And we distinotly and con
fidently say, that the deceased was neither in' the
peace of God nor of that of the United States. We
propose to show we are not. invading anew domain
of proof. We are not offering facts, or ovidenoes of
foots, which have not already been enoroaobed on
by the testimony. We are• seeking to extend the
line of proof already commenced, and •if it stops
hero, we leave no doubt, morally or legally, In the
mind' of -any man, of the existence of this very
adultery which we seek to establish by more posi
tive proof.
The prosecution thought we would have Ma
ouity to prove thil, 'and that they might get the.
benefit of a supposed failure. In other words, the
prosecution experimented' with us, and allowed us
to go to a certain 'stage, and when they found ue
able to extend 'the twoof they ask the court to
stay our progress. The question is, whether the
court can excludethe 'evidence we seek to' adduce.
We have offered proof as to the friendly relations
which existed between the defendant and the de
ceased,. and that Key availed himself of the
friendly acts of the defendant. We have shown, in
the second piece, that immediately before and up
toile time of the commieclon of this alleged crimi
nal act, the defendant was in a state of frenzy or
mental unconsciousness, which forbids the idea of
the killing with a rational mind. •• •
ra, the third place, we have shown that at the
very Hine of the not, Mr. Sickles declared what
was the maddening cause of his conduct. Fourth—
That the deceased constantly made the defendant's
house the place of adulterous assignation no to the
day of his death. Pifth—That ley aud Mrs. S.
riot 'only went in the direction of OW house where
t barged they 'committed Adultery but that
'
side 'Of - itte hones id , thavory set of Waring
stood.
The simpleAuestion iS Whether our proof Shall
take them beyond that door, and whether we shall
be permitted to show the jury - the guilty cones-_
penance botstreen them, do as to leave no doubt on
the point that the deceased and Mrs. S. were pur
suing a confirmed and habitual adulterous inter
course.
In other words, this ease Vies not an attempt to
invade a new territory of proof, but to exhaust an
their proof in regaid to a matter in which they
had barely commenced their proof. It was a rule
of law that where an objection Is to be made to
line of proof, that objeotion must be made in
/inane, and once the threshold is passed it dannot
be required of the party to retrace his steps. He
asked the court whether the law countenanced
such an exedriment at that evidently made by
the prosboution in this Case. in the cane of a wit
new who answers any question which he might not
have answered, he is not allowed to object an
swering further questions on tho same point.
The prosecution had permitted the defence to
show certain facts whioh did not essentiate the
Main fact, apd nevi *Mild they ask this court to
stultify itself by restraining the ptdof on the
point of adultery? After having allowed the dei
fence to go co far, the prosecution urge the doc
trine that, unless the husband detect his wife in
the very act of shame, he has no right against the
party who has defloured her body,' and cannot
set np the adultery ns a justification for his act.
In order to redeem the, grade of the offence, it is
urged that the husband tenet foie the adt of shame
with his own eyes; otherwise he must stand before
the court and World as one of the highest ortml
nale to the law. do long as the passion was
carried on secretly And Clandestinely, so long
would the husband, according to this dootrine, be
deprived of all right as against his wife's adulterer.
Hie Honor knew that in a ease of divorce a chain
of evidende Whit% led the mind to the irresistible
conclusion of adultery was all that is ever re
quired. The counsel referred to ii Greenleaf,
seotions 41 and 43. ProMmating fasts, leading on
to the detionstration or establishment of guilt,
are all that the law requires in eases of divorce
Adultery is a continuous fact, and where once
shown to exist, it is presumed to overshaddw all
subsequent associations of the parties.
A great effort was made here to excite preju
did, against the
.. ground taken by the defence.
Now, it le hafdly nedeeeary for me to appeal to
this court to say that I have tot laid down the
doctrine that any man has the right to slay his
adulterer in cold blood, and as the result of oalm
deliberation. Whatever my views are on that
subject, I have distinctly restrained their expres
sion in this ease; because, at every stage of the
ogee, I have insisted that there is not a single
feature communicating premeditation to the act,
which places the defendant at tho bar of this
court. What I have said, and what'l now say,
and I am prepared to say, is this : That when a
husband catches the adulterer of his wife either
in the actd' ooitlon, or es near to -that DA_ as to
leave no doubt of his guilt, that the fronay which
;mixes the husband is the mode whioh the Almighty
has adopted of turning that husband into his in
strument for earrying out the judgment which He
has pronounced against the adulterer. And, if
the Bible proves anything, I challenge any man
who even professes nominal belief in it to gain
eay.that-which I say, that the Almighty has made
us with such instincts that there are certain pro
voottions so operating on ns that, when they do
work on us, we aro thrown on these instincts, and
that our acts beoomo but the execution of the law
of Heaven.
• - -
Now I will suppose a case. We have all had
mothers, and can enter into the feelings which en
circle a relation of that kind. Could it bo ex
pected that a son should stand in the presence of
his mother and sae an indignity, whether it
amounts to violenoe or not ) offered to her? And
if he roge.in the midst of his feelings and slew the
party who outraged the parent from whose womb
he came, where is the jury that would convict him
of prime in so doing? Now, what is it that justi
fies, what that necessitates, the slaying of a human
creature under snob circumstances? It is the
irresistible influence of that love which the great
Creator has implanted even in the breast of a
brute toward the parent brute that produced it.
Is not that precisely the affeotion ,that identifies
itself with tho relation of husband and Wife? And
if at the time of the indignity to that relation the
party who is innocent of 'any participation in that
indignity is so frenzied by these instincts, which
are a part of him as that he could not resist being
driven ,on to the result that is inevitably placed
before him, ho thus becomes an involuntary in
strument in the execution of a judgment fur vrhioh,
and the ex - Smitten of whioh, he was intended by
nature to be an instrument.
That is the doctrine I have endeavored to, place
before the - court and jury. It is Unnecessary for
us to insist In this ease that a husband, after he
has discovered the fact of his wife's adultery, has
the right deliberately to conclude upon and accom
plish the death of the adulterer.' Where the hus
band, slays the adulterer under the influence of
frenzy, he slays in obedience to the will of nature.
Where he slays in possession of his faonities, he
slays in obedience to his own will. Our doctrine
goes to that extent and •to no greater extent.
When the mind is .frenzied, there is no will but
that will which directs everything; but where the
mind is in the possession of reason, then it is in
the possession of that will which the great Creator
has vounheafed to every mind. ,
An effort has been made bore, to satisfy the
oust that we are trying to throw this defense
back on what is °Mond) , called the higher
law." The origin of that term is perfectly well
known to all of us. It originated.with some fana
tics, who, for the purpose of accomplishing their
political ends, would subvert the Structure of oar
Oovernment. Bo far as any odium is sought to
bo thrown upon this defence, by -identifying it
with that doctrine, we disown connection with
these words. But I say that, as in the case of indi
viduals, so in the case of communities. They are
sometimes required to take the administration of
the law into their own hands, and administer it
for their own beneat,because those who have been
confided with its administration have not been
true to the duties impoied on them.
.The counsel hero referred to the case of the
TWO , CENTS.
Vigilance Committee of SIM, yrnnoisoo t omd Rio-
Deeded: -•,•- E
If there are periods whtm'and at Whieltirenutu‘
nitres are justified_ in rising , and resenting and
punishing simunarily the, wrongs'. under, which
they have scileng
,groaned, 1 ask ,whether or not,
in analogy to that individuals may ntitar times,
too, become invistettwitk Anther righti;lind whe
therthey are not entitled CO rise in the dignity of ,
their individual natures end_ resolve: themselves,
into the Instrument of the DeitY for the purpose i
of accomplishing and carrying orithlieeride?--
rale counsel, again quoted from the Sermon, on,
the Mount ( Matthew , phap. o, '
v. 28) for the pert•
pose of 'Showing that the body of the wife, is; to all;
intents and purpoeed, defiled by the luethrl erre of'.
the men.w ls e Junta ter, her. -.Ski that ( , laid he, .so,
far as, the adratery qf the deceased could be, per
fected, it was hitter coursed` tieing , Madelierfice
at the very time he i was, met by the defendant , on.
the ocoesion leading ,to the affray. ABM the he
nigiaityot the law, in allowing the defenotr of kidul
tory te' video's , the • grade of - thelelfeteerto men: ,
slaughter, ..the connsel stoked, II the AMC; hpigiu.7!
lithat the mere} , viltieh the ,jury are in the habit`
of !taking - When WO ,- say the LordblrPraYer
the lair benign?' Is ite benignity te be Mund in re 4
dosing the aotof , thehttstiand from murder toman-,
slaughter, when he finds WA wife actually engaged the' act of shame? Is' that' leenighityl , 4s
mercy? ~ Is it-lenity? And yet the camel for;
the proseoution sap that,„whert,the heel:land
.catches the wi f e in her ihameithe'law is benignant 1
'then,' and only then. This dootrine 'Of the
'
.mainly based on the ease of, John, cited iirl3•lro--
dell. - All the remarks made by, the case mere.]
outer in that 'eaae—a ", alive ease'," Where - the
rights of the• husband did, not exist. The alter
dyta of judges bad . been • the., ooeasion, of• mere
confection:ill the law than arose fr.* any other, or
all otberloateleil. raft tHimertrould And that the
case in 8 Iredell repudiates the doctrine:of moraL
deetibto s'ecogrilsed,byr hietioner,,..and
'all the grea t . jurist* bribe omit' thin:
should it be relied eats regard'thave ether point?'
What woe th , s.origirref the..irnlearhiehlsayerbsit•
nth en's man oat:beef wife, in lien *hen and slays
the 'adulterer, his offoride - Viedireed le men.'
slaughter?" In , the case lit which that 'rule wag'
declared, .there,was, a,Oppointyesullet, , ,mede in .
reference hi a' *dealer sta te , Of facts
,;, and wee
it tirbindUll Otherrelfeeir • ' -
, The"- rule in thiSomule of Middy leriported in
Hale's I'leasof 4.139 grown, which-Sverelwritten in
1700.. That rule. Was copied by Workbag, whtoh
was written Li 172.11'u1t Wei agairtcopied by ll'oe-*
ter, and again-y East, Did these: , wiitere 'sanc
tion ,the rule? _No.
Al they did.yras to refer te
it without itthe weight of theiinames at
all. 'Therefore it Wasl'ii'me - re hisbariciat feet not
endorsed hy,arly efAtentauthorltiett. That bathe
reign of,Oharles Lt . suoh o rale matt, deolared by,
the Court's King's Benoit; one pertioulaf State of
facto, was that rale to :govera this'esise I - .Tittles
were at that time mere inetreakeuts,bc the heeds
of the Court. :Jury trials, wire _then a mockery.
Is this'great institution, *blob; like a mighty tree,'
strikes its roots deep in• the mil of - the lionstifir-
Noe, to be restrained and restricted in its growth
for the purpose of enoirolingite trail* and breeches
with an arbitrary ruleonside tinder a . des . peticr
vernment and in a corrupt ,age? , ,The Jury. eye.-
tem is now developed and is perfect, and it
was idle to try to apply to it the rule of
two centuries since. Thon'the jury had no right
to pass upon the motive or intention of the moused.-
That was kept for the decision, of the judge. But
here the jury was as abiolute' at the%Autoerat of
all nu:Busies. His Honor couldnot reetrain them;
Nothing his Heuer, could say sheuld, have more,
weight with them, in reference,
.at . least, to. the
facts, than what fell frolic the lips of eitunsel. An- -
other oorudderation.weighing -against the rale in
Maddy's ease, was that the judges were anxious to
aggrandiseand enrich the coffers of the King,:ail"
while the prisoner was absolved from ill corporeal
punishment his estate passed Into the King's tree.
sury. To show that he ( the counsel) ,wee not.re.
riling the old law, he referred to 'Foster en that
point, page 284, There was 'much progress made
in the law since that time. ..To.lllnstrare that, he
referred to the difference between now and thou in
regard to the plea of insanity. Aiscordingle.LOrir
Hale, nothing but a perfect extingtiishmentof the
mind would satisfy the behests eg the law in regeril.
to irresponsibility.' - If -the blinsanity .had
bhaagett. so had• other laws - ehanged and' as well'
might Halo be. cited, now, to phew thatide Honor
was not right in his rulings in cases of insanity, as
be cited tdshOwthat it was neciestrary for the hus
band to catch the wife in the aotof coition hi order"
to reduce the grade of hemiolde to raamilisegitteri,
Besides, it was suggested to him Icy. his colleague
Brady) that Judge Hale. presided`in nails of
proseoution for 3vitehoratt.! . _ ,-1 -
Therefore, he said that note pbatante Lord Hale,-
this question was to-day a 'new one. • This counsel,
referred to the statute ofJames 1 inregard tiv ho
micide, is referencele which statute It held
that the case of an adulterer ata ls bed by the hut.:
band was not 'within , the statute, sied - if the hue
band,
were indlefed inder that' irtatnte, , the jury
were directed io acquW,Antlealliisindiotmentru
such oases, was made„ under. the, common law.
Shylook-like; they' seemed their pound of flash . by,
Indicting the - husband undef;the romnionlaW,' so
as to get his estatee,for the ;crevrn., Wasn't this.
hYntiorlity Wiltit not)theh prOtention MI the wolf
gives the lamb 'covering and
.ileictiring It'
would , he fee.: ' %her•..
• po o ?nom moiety t era
days. ' The oonnsel '_referre ,to Pearsm7e t ease,:
Lewis's- Crown Came; '218,-- where this'j edges
followed with-the' west-Implicit, blindness 'every
thing that emanated from Pugh aMoire% as Lord
Hale
• Per the" purpose of enforcing the right of the.de
fano° to this testimony, be submitted : - I.
First. The Constitution of the United Statea, as
having broken down the old system of special ver
dicts, arguing that if the court can dispenite With a
jury, it can abrogate that provision of the Consti
tution which provides that atrial for all crimes,
except in oases of impettelimentishall be by jury.
It is for the jury themselves, on the facts themsel
ves, to form their judgments, with all the surround
ing oironmstances: North and South Carolina
might make what laws they please for the trial of
State offences, 'but they could not come into the
Federal courts and strike down the Constitution
of the land. The learned counsel (14. 1 Carlisle) •
said he loved North .Carolina because of its multi-
Bess of an hundred and sixty or eighty years, and
the inference was that he would. rather have lived
at that time But as far himself (Mr. Graham), he
would prefer to live when he now did, [Laugh
ter.) He would show we aro not to kneel to old'
idols and run after strange gods. The gods we are
to worship are our household gods, We ore not
to run after those of other countries.
The second point is this • In•the present - ease
the intention is synonymous with the state of the
mind, and the canoes which produced the state of
the mind are admissible for the purpose of illus.`
trading the defendant's ante: In Day's case, this
court received the whole, narrative. Yon permit
ted the prisoner to show' hat his wife had a child
three or four month's aftermarrlage.' Yon per
mitted him to establish ,all the faota In evidence;
and at the close of the case the effect of these facts
were judged of. In Jarbee's ease the 'same thing
was allowed. The deceased gleamed the prise
nor's sister, under promise of marriage. Now,
the door through which these facts entered
in those oases is solight to be closed against
us. In the ease of Singleton Meteor all the
foots were narrated, for the sister of Mamer
was permitted to take the stand, and trice out
her acquaintance with Ifeberton. In the case of
Smith, which will be found in Wharton on Homi-
side, all the fasts were permitted to be elicited.
Captain Carson had absconded from his wife, and
been gone two years without being' heard from,
and his wife married Smith. Carson turned up
and Claimed his wife. A contention occurred, which
resulted in the second husband killing the first.
All the facts wore received in evidence, and the
ease adjudged in view of them. So in the gam of
Hatfield, showing that disease was produced by a
wound received in battle. In all these cases the
court permitted the party tq trace out the tootle
the real cause. There was no limit,of time. ,
We say, in the next place; that the testimony
offered establishes the truth of the declaration
made by the defendant at the time of- the• aria
rem° ; that it disproves the idea, of mere pre
tence:" It goes to show that Key 'had:drawn off
Mr. Slokies' wife from her true and lawful allegi
ance, and that Mr. Sickles did not imagine or
feign what he uttered, but uttered the rffal feet ;
that the fact existed precisely as be dolma it,
and ho declared it because he was informed of
it in such a way as to leave no doubt of its
existence. On what principle then, . were the de,
fence not entitled to it? If the defence was that
Mr. Sickles slew Mr. Key odder a delusion, we
would prove that he imagined the feet, and then
would trace out the origin of the delusion. Now,
as the law permits it to be shown that a man can
become insane from real as well as imagi
nary canoes, what difference is there in the appli
cation of the rule ? In the time of Lord Erskine,
it was only a delusion. Now, it is admitted that a
man can become insane from real omegas. If we
can show the origin of our delusion,- nd all the
circumstances, why are we not entitled to trace
back the state of Mr. Slates'• mind and all the
causes which produced it, although they may be
real? As It was in conneetion with his wife that
Mr. Sickles' frenzy, or temporary mental unsimnd
nese, Arose, shall we not show the extent and eha
rector of Key's relation with her? Where the net
of the-defendant was committed under the influ
ence of the marriage relation, and everything
turns on the conduct othis, wife, why should ho •
not be permitted to avail himself of such conduot
to shield himself from conviction, when the eon,
- due t'of the wife was tho cause of the frenzy which '
superindused the sot - which he committed? The
knowledge of the adultery of Mrs. Skittles was the
propelling power—was a part of the yes genes.
Mr. Graham then proceeded to make plain to
Mr. Carlisle's mind what the res oaten is and
quoted from various authorities to show that i t was
impossible to lay deism the time 'as to -the ruleef
justification. All the circumstances of the Case
must 'be considered.' No matter what the Anna
is, -if intervening oireumetenoes render the, Actin
• 'continuous and certain. Facts happening, no mat
ter at what distance, become part of the facts
they qualify. No matter when the adnitery.took
place, the question is when did it first come to his
knowledge? for this is the time, it took plac e.
When di d the husband` fi rst hear of it? 'lt then
took place before his eyes." He was the witnessof
his wife's shame, and, in imagination, could carry
himself to' that period of time when, on bet bed,
she surrendered herself to ' the debasing hide of
Key. The effect is then produced. And thetis the
attitude of the defendant. , He became satisfied - of
the fact the night before. His feelings were ho-;
oaring 'and culminating through the night, ,He
had no sleep—this victim of There was
everything to drive his exeitementletWard - to the
maddening point, and every moment be heard the
story of his wife's phame, and saw the infamy be
fore him. It was the freshness of the occurrence
of the fads for which be was placed at this bap.
Another ground on which the eVidenee fe ink:
portant is, it explains the meanini'orthe - waiting
of the handkerehief,*and places .the 'deceased in
flagrante delicto at the time of his death. He
then committed adultery in his own heart, against
the prohibition of the good Book. Key had soon
Sickles come from his own house; and went in the
direction he • knew be would - not encounter the
husband, for the purpose of getting up an adul
terous intercourse with Mrs. Etiolates. Could any
ono doubt that this was the true explanation of
the conduct of the deceased at the time? There
: 011IFZITO -01111 04t!MMOIF14161iy
qiii- 21 9 1 ii" th -kiwi hog:
In mina toe toiyil!!Eity:,
i ierfOoilihistioc*it***lol444.lt .
mime of the writer: ix mar Aolosa. isoll!0• 0 0,
the t7pography; bat 'One ;pitikref Or! 114 : 11 " 9 :
W ea k l 4 ll ,ollolobUiel to feIItUIRMII irr : Pesaggit
Isigir*.4l ter et tie; 42000**••--gt.04441.;
our Boxs ottlif 134 Y tgi' the* pia/sat/it 10016Cili ,
the renn "n , thri:marintiratag earn*, the - heiniaei,
of
log
log to the general reader.
is enough in the - . 01 10 ldroadlzteLehoW What the
' waving of the handkerchief meant. Why asslns r
restrained-Item goingiturtesel-,i4fity s dewy Out
offset a thukuovutett , the:,.o434 9f , ;bp prisomr?
It is.the Atistiatoplto - Widett. Weraraelititled; ,I ;
ask,therais.any'doubt as Whet the meinig
of, the flutteriag.of ;the issialkershietwecorhy
not permit at to proviAritheetslubt, that, in re
sponse to the el i gnekthe Wowed earrieLfrom **-
mansion of her:husband, to; tee, gilacer.whers, : the -
deoesised wattle Abe liehleof,epjoying•itir body,
The lest point il1,0.111.011::111911011014 , of the Ms , -
ceased himself. This priumer hilea right.te choir :
the statuattlils awl 'As rwaaisis .whiett
suporindueedik. Thecae emitted saida4taleed,b7..-
referenee , to The King against Aibitelteatl.:s and.,
other -authorities, esti quoted .th;sOMW Where •
prlson.er mu , parmittesi th -prova that hie peitief
patios' Orlininel not,Was Volniter4 •--.
We ask, continued Mr. Gishini, to permitted.;
'to showthektia'fin l'ef-Mr• Bay was Just oil • in
veluntar3` thong liaktisfendent wae harried ou
by the violence of wwiob.i: .Bat .thstead of being -
the instrument of a , mph ; be waa,es,instrunielet
in
-the handset his inetthet, and went ferward:to
the commission of the net:. • ~,,, .• - - • - • t
-Mr. Graltanaquotedosees where thei diffeiteeiree
permitted, to justify byshowing the derderation of
an alleged thief at thatistiaof his.depseiting the
goods on,thei.prentisee, of a stelibbor after
farther ;looking from Orgeedents, added: It seeing
the teamed ennui for the prosciuttos" was infor
,tahatein distingulabili the present oasis fremthat
,of Jeri*" „het If,the, report of Maam; as ,eon-.
tainal in the pamphlet r Wild in my hand, be awl - ,
rook : it-is verfectirovideat that: Jarboe feted on
theground t,het,he wee temPorerill imam .et the.
time of sla ying: the sedum of his ,riSetsi. This
court in.itts instructions faith* jiry eseeaCthat
theosse shoulifturh on the status Of the prisoner's
' Mind.* the /mount the kWintrecourriad t
Itkse,bere, sisked, on Us - other gide, mow 10400• , .
•reethedhir. - Bieblesida blitioiatelicithaehmutek,
Rey, for site thin lied
ia ffierfiltsidher,-
X Twits ; not lds .gidef.stt the pi '3
filoblet kneir.thit his Wife, had' ' :LOP
rionduet Which forfeited her hold - off/ilia: -*paw.,
the -man - who ant the _atteebessestar idea Pod "-
heneefortit• west must,have •beesii. the - feeltage
the min who was depriied of thi-riehist pearl*
the casket where he had placed
Mr: Carlisle. have altaadj ,dlidirietly.,4le
elaimed having'entertained any suoklelest, quiet -
any- such. argument._ One,of. the_ gss. mon_
which the proof was offered was that &CUM item
of Mr. Key ' s death he was aetnally proceeding to
commit the ' crime of adultery with the presser s.;
wife, and that the prisoner, slew him in defenie et:
his wife's honor, and to prevent' that erhaa.• lan
this connection I referred to the fact that, gourd
in to the theory of the defame; he had the day
before fully sucertabool that simadultereas inter
eonrse, for nearly a year, lied bsaa Oarried on be
tween those persons-
,Gss4souppiind,, that if ftbedulthine
prosecution' it a correct one; thew wiought - teitop '
with. , the , voioneris jury, iwiui , iformd who killed,
Key ; and, soetuding. to .the .proseettlion,',olll,l4
the only - fact befoisithfs jury.. A streams effort
has beett made' Show-the =state' Of mind it the of killing. It, the intention is Ituportsatt„
and the evidence begirleg, ea' it' is' proper, thin it
seem! to me the defenoals entitled to - inch err
dance. If, We are Aare merely to diseciver,what -
the coroner'ejary fenridas to the killing 'of
and if this'reirrssils - ciiiitilirsiverevidanee of mallets,
and is admissible, ikon the-preferment of the le- ,f
o,usation by, the lirand Jary, and the trial by thte„
ipettYjary, 'are-unnedeilaryleliW. 'Beta say, • '
every fast, , whether.* bears remetillernearly to 3.
the cue, is proper to be shot/71,40 enablatitejery .
- •to understand theeenditiorrof the Prisober'S.Edud.
it the tiontof -the killing.y We askyon - to IllEtatist
Ihtincolry. If-there Is objestitin, it-should have
lieon'preeloady urged.; It Wei noCtiois - for "the
, iirdeeention; eftir, experimeatiagerlik no', and dad
4sig webers eeldenciaaf ; the mhtlieryberind per,.
'adveriture;* deprive us, iljr meanie the tiohni-
Ulla* at thiM heaeflk TUX teuitfuttisi'retiesi
The - Distrialtt`oriel . , Olid r itirilled: The
'grounds on Whieftlidi appUtiaticitOsts - made are
.foar.:lfirst,-thetithe facts, recited ...-aatount, to a -
APO:ideation ; ; S e cond, that they amount tea legal
prdrocatimi; Third; that there is , aomleteiit evi
dence in ommeetion - with the queethei et insanity ; :
and lastly, that there is_ rampetiint,ellideuee- for
-the purpose of ant MMus the stateetteattif thje si
'soner eathe time- of th e aid Up
the =otitis stedfulingaby*de a rt Wito.
.itited: - The flat two greundseliald treated of et '
one and the samellete.''ThittAti ue•of Judi- -
'cation and provooaticit i a: legai,quistrtionl, :prek
.vented to hie lionarli conaeotiou-withilh_a , o ff er,
of testimony. It had said. the Baglish
rulings could -noVaPply. hare,:heimase no seek
'state of, facts e4stsd.....list 'untended stioth - tha.
_questions were thesauri. inWebstenee.4,2lta_pre
poiltion Mee linplies the trekker the fants. offered ,
In evidence: Ibwsc.to be. taken. for: granitedAW.
his Honor that they were tree.- The :legal : effect;
of those toots was to he necessarily determined by.
his Honor; and in that .respect, tkiEjadge, war ,
'Performing the same funetions. were- lnspoud',
upon English hi rases of special Werdie.s.:
The question here :was, -what. meant
by the rule as
rglish hooka.; of„ , regard Y
-the effect of adultery tut .e. jristifiestia_ The.
proximation here - did not Asonlead-for.„Abia.-400, -
t-he-Mbuditolise fatness the infidelity.
of his wife:, ;They relied .on the. wrirdinr - of- the
itoglieh autherillet, -thet if a .party "•ime found is
.the get of adultery ,". the offence at' slaying %the.
`adulterer would- .reduced 'to :manslaughter.
That, undoubtedly, was.the.mealing.of the rule,-
If found in the act, the killing was manslaughter:
Bat if the braband.afterwarde slay the adulterer,
the act is murder: : The old master purposely use,
the word "find." .' He couldlinagine that Vanua ,
witnessed from a distance, .say.with. a telescope;
his wife's infidelity, and afterwards elay thisedul,
terer, he Would be excluded from the benegt of
the rule. He bid been asked te.dedne the line.
of this rule. It was impossible to do so. He might
with great propriety eek .the other side to define
the line of whet they oall.the husband's marital
rights. -- •
The law had settled it'hYdeolaring.that, if there
were time iraffioient for the cot/ling ,of thepassion,
the act of killing is murder... If. the rale was to be.
'extended to the lenglii.olohned by the other aide,.
even to the case 'of ordinary. last. he asked, what
would be the state of &vasty .under suish-airertm
stances ? If a man oehld _take the life of one who.
had insted for his wife, what would - bathe wain
tion of society? .It-wes.not.the part of the prose
cution to stand up‘and defeed adultery. • Itwae a.
grievous orime—a great, _outrage , the
rights of the husband. • The ,questiou• is, -how a.
party who kills anothet , Atrid,ois suck provocation in
to be treated in a court of Judea. It hod been de
clared here that inasmuch. as the good Book de
clared thaethe adulterer should. suffer death, and
inasmuch as the civil lew did not, the rights of
the husband were remitted into ,his hands. He
not subscribe to any such de e oinn. •He would also,
refer to the good Book *to' allow_ what had been al
most a judielel determination of this (puttee by•
the founder of our Holy Religion :
1,-Jams wont 'unto the mount of Olives t• •
. . .
«Z. And early in the morning he Game again Into the
temple, and all the people came unto him; and he eat
dot:Wend taught them. . • _ -
8. And the scribes sod Pharisees brought unto him
a roman taken In adaltery : and when they had sot her
In the midst, - ,
4. They sly, unto him; Master, this Woman was
taken In adultery, in the very est.
5. Now Moses In the law commanded us, that such
should be stoned: but what gayest thou?
8. This they said. tempting him, that_ they might
have to amuse him. lint Jesus stoo p ed down. and with
Ms auger wrote on the ground, as though. As Meng
them not.
‘ 1 ,7. So when they Continued making him, he lifted up
himself, and said unto them, He that, is without sin
among you, let him Stet cult a stone at her
And again he stooped down, ant wrote on the
ground.
9. And they which heard it, being ionylated by
their men oonsetenoe, went out one byone, beginnltg at
the eldest, etrei unto the list: sod lemmas left alone,
ant the woman standing in the midst. •
' When Zeints had lifted up himself, and saw
none but the woman, he Bald unto her,Woman, where
are Atom thine grousers? bath no use oondentned
thee
" 11. She said. No man, Lord: And leans said unto
her, neither de I condemn thee : go, and sin re more."
The whole case there related was remarkable in
its incidents.- It.was, as it were, a transfiguration
of Christianity itself—a transfiguration as glorious
as that which took place in the presence of Moses
and Elias. For himself, he would rather have
been in the pillory than in the position of the last
Boribe dr Pharisee in.that presence. That whole
case was an exemplification of the meaning and
spirit of Christianity. There was no„ hiat there
that the party offended might take the law into
his own hands, and be the voluntary or involun
tary instrument of Divine -vengeance. ,No. - It
was the genius and spirit of Christianity, stooping,
as it were, and ;kissing in peace the erring sister.
He did not deby that when the party.is caught
the 'AA the law says that it is the greatest prove-
nation a husband can receive. But the same law
says that when,tbetime for cooling has elapsed, it
is no provocation at all. There was no pretence
'for any authority anywhere, pretending to allege_
that it Was a justification. -
Unquestionably it wits a • grievous provocation: -
Bat the solitary question to be. determined by his
Honor was whether it be a legal provocation :
whether such a provocation as will excuse a man
for the perpetration of homicide. It had been
stated that there was no insfanceof a conviction for
murder,' here, or in England, in the ease of a
bnaband , who, had slain, an adulterer. He would
ehow that there was, and for that pupae ho
re
farred to 3 Jones' N. 0. Reports, 24.
Mr. Graham: There the prisoner had madepre•
vions threats. .
The District Attorney read a statement of the
else, where the judge ruled that had the prisoner
caught the deceased in the act of adultery, the,
killing Would have been Manslaughter ;' but as the
killing took piano after a time,:the ant wismur
der, and the prisoner was. convicted of.-murder.
In _that case exception was taken, and
,the Court
of Appeals affirmed the' ruling of the obuit below,
and held that thelioste of adultery did' not amount
to a legal 'justification. In that case" there were
peculiar features. The prisoner found the wife in
company, with the deceased, going for the purpose
of adulterous intercourse. Fifteen minutes after
that, the husband, armed with a wooden mallet,
Went after his wife's paramour and slew him, and,
notwithstanding that,,the court held that the facts
!lid not amount to a legal provocation. Inthis
base.did the- fade amount to a legal provocation ?
That was the qadetion -for his Honor 'to decide.
Re held that the 'facts here 'offered - in evidence
did not amount to -a legal provocation, and con.-
sequently that evidenea of themwsulnet competent
i
The learned counsel on the other , ddoilad asked
for the foundation of the rule as laid down in Man- '
rang's! °tufa: , ;A'iserystppropriateinguiry. , In its
reason that the _ adultery was committed, or that
that, ,fact. had a, certain effect on the prisoner's
mind, theists presumed that the fact would pro
duce a certain effect on' the" prisoner'', Mind, and
therefore the fut . ' itself might be proved; - but
whenever the law says that the tempest of passion
should not exist after a cooling time, then the
party should not have the benefit of the presump
tion. 'lt had been asked what would be the evi
dence required - in case the rule there laid down
had been enacted into a statute, and the Massa
chusetts authorities bad beenquoted. They did"
not, it' seemed to, him, bear on, this case. They...
were not on the inquiry here, whether in point of
. fact the adultery was com mitted, buk what WO