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IieKI,AND - iST - APAE-. - Pill itifOODS.' , "Han now spiels olioirsiiminnient of i . NEW;4S, PAW ' GOOEiS '. 0 1 . 1 : 1 10:, 4 , 4iiiiiroirkl444cirbtedd_lmiwhi.* 1-I.vt•t - piots.tw*oh: g ti q trior similar desorlitioa• ansiald la Shia ill* ~ , 7 ' - . ~ Lt.' • , BylaTlwitaii , OP ' PARIEIRkEii , OOobk - - -,' -- siLictqlioxiseambiti;-- ' - ' i "- OSOANDiIItc 40A1POIS, ORINTIIB, f • • • f- f!flI&W,LB t LAORB;tIIOSIERY, 1 _ -LlNENg,Ainpardietay' .-, 1" " 1 .: ',' -;•,:- , :: * .- 1 W,NITII OdDis;,. , . - , i, : .t:: , ..,. : Li: *Pia... _':IA:Si ;' • 1 '- -;s.r. t -,,,', PlaritiNl,Eij , 7 , . , ...' WilibitnatliMnaniate mid fall assartmani. " 2 " SOViimi 81101160T.NETT STREET: ''. 0p1,44f . ; ,--; .._,,,,-. 7 , , ~ • . , •W& J hP g..l3l;oxivEn Off' r.;:A*l3 .11:6B E 'ii * AND & CO' mitB2O'OII.IIStNITT One/MT ; •. • 1 ig , i '4llo 7-1-417 " . " :3 ` -..:- •''' ,l '.,.0: - AMt.,65 , **lK4ii ix ," - , . 4 " 4sool llll , 11111.41011TIVAidi :XClSt")3llll,TlFWitkeOiti t nt, Milt(croboW eii iirailts''aitirOoOitha Lt semi tri4talii; Ohoe k do Pails; sot all the dew styled by Okapis Goods. r ' - —1 W44'01.: 7 -f#4 , 44 1 4 0: # Fultdaluu-dt:l49d - !aud q uit: qt *44134'01 ~„e.L.14.0410 Johoftmont of linbroiderfel.f. -. l r d . s frf OPTIPIS , OIOoko nod Maatiliony jaiktoieing awito,olognat *los eatiallo nor, °Vlj"d ilaera f , dud '-filadaaaa; Shitting sad Totdo ti LiwoO t' and dadid, mneldaidloo. aOldAilaf , Nii.;ll'l7citiVicriliTa Street. rr la reoelpt sa r borealis from A notion 't.l l ll.A:Nlims MISIgitr I STORE.-:4 l ht thi sttebUo t ofilUl I 4 hod Otbeio 11111 !S , & Co.*ASHISIII 808 HOBBS; P, °bias ; BT. LIABISOII ROSSI, W/I. 0/11111LIELI. ft 004 Atesioneurs l Dorm., 0 . McKie ,lllll& Boa . • fell mwt-Osix PHILADELI'IIIA, liirtiNigspAy,, 'APRIL . 27, 1859. -VOUR , GREAT BOORS., A: GOIILD it •LINCIOL y - A - - . , 50 WAMBING-TON .13 rBEEr. BOSTON, 1,, , WILL PIIBLIBII -IN A FEW BATE. 1 \ , LIMITS 'Or. RELIGIOUS' THOUGEIT,':: B,VBev-M:Longurvllle Mauna, B. D., Raaderin oral and Metaphysical Philosophy at Magdalen- College, Oxford. ' , • •-•- i•,-,..: '• • •• ' _- . Ilic -• o Cloth, $1.25. ', '• l' . • 'Tbuil ' , plane is dvat teed to create a protouuder limi tation MIMIC country than any philosophical 'or roll. pious Eska HIM centaty., It Is adorn°, of reYeeleg, religion, squabs ability to the li Analogk I, Wf Iltelrop Butler, and meets the skepticism 'of our age 5 to Wally as that great wprk in an earlier day.. The Bie themm andßarkeirlsm intuited into our ,popalar Iltiral. tore will hero find' an antidote. • The Lectures ,vitpited, the highest enthusissm,st Oxford; and the voliqe bwe already reached a third edition in England., Th e - Pliinra' ll'Notes Vof the author have been translated fo the American-edition by an accomplished noholae,, Welt 'adds pea* to its Tillie. ~. . - - - - • = .. lIIIGG,IIIIiABBIL , NEW . VOLI74 -, , I IZI . F0P1114.01. - GEOLOGIr.' - t i ',,= 4 ":i'i With'Emeirititheitiketarestrom a Geologist ' s Blirtfittlo . 4 , By Ifugh lillley. , With a Benin* of. tile progriesabl Geological Baltree'ditring the laid tivoldere: By nrc 4 : _12629.. ,Glath;4l.2i. itifilrork alikely to priiii the most popular ot /Ida Millet's wrltitige; , sod. to &Geo the' widesEeltonlittloo,r It ismritten in hivbest style, and maker( the exrysterlit of Geology intelligible 'to the ' common mind= he Itil 4 60 srobtteot explai alheattnettireof a' house:llone isellav to r * 0, Co thi s ' mplished geolegbt taken the globe tti tid es; stod.L idittnethis 'manner tri Which' , eJI-Itd , bra' 11V6 be** gittOet, Intro , : the granite- loundatiee; lavla attefitoe.: lt,"et,pplies . s wriV' atD ' 1e" o Pla . .- l r - " '•' ' ' jut eb ' b tutor tolbrtltirs hiyelhees - toness' ftril'.l.l4 t lllOlO4 Wishlag - • Air irlkAeßidOlthae' N ' ' Aphbtaxilnic4Ottelwlll aend'lti their titdere.'": • • ' "4138 T PIIBLIBITED; - .= - i ' : '• THE LIFB OF JOHN 'MILTON. - , -"4 Eirritedlniionneattoti with the Political; ilealeatesag, cal and Literary, Iltatorr.ot. his arne. By David 'Macon; M. .A. , . Plenumr of dinglith-Ittiretnts la University College, London. Vol. 1. Bran 14508• to i 1039._ . . tea-2m . _ ' .-: 7 ' '' ' ' - ' ait, - .• vidth,tt. , 4 Tye aide of , the firat,edition ,of this great fo ur wotkt:lif weeka, to a affilitient teitimppial to ita -worth. , IT, Lag remind tlitibleniet Commendation -from /MIAMI and Amerloan Critics. - ‘ , . " Arrelaborate, erudite mid magnificent work. , !-41. Y. Independent: It will stand lienbefokth in , the of a oisum4., It le thorough, exhaustive able end satisfactory t;a. magnificent but just Wham to 'the' memory of moot the greatest men; se well es the foreman poet, of models thries."—N. Y. riveugeist.. • rlfiliMitTONl,B-LBOTUBIS. • LEOTUR.43 - 141f,MpTAPHYSIO8 • By Bir Ilainiltoi, tart Professor et ' ult. and' hfetaphyalerr; in the :University ofAdifibstritlar Edited by B. L. .Idansei r B. Oxford, end Jost Witch; DJ. ' ' Rena 9 4 409; 4 1010 , 11, This noble volume, oolong and eagerly expioted,litii traduces Sir William Hamilton to the Miteritoin people. He hamankedfor.yeant among cholera as the &outwit and most profound writer on Metaphysics in the lag; I Bah tongue. But common reisdereihartv beetr. often .rfir palled by:the very subtletyht. his thought and the ex.:. actoess of his style, This volume, like the ifest affirrta, of Webster, combluee the profoundest, thinking mithf, 'clear and popular etitement. , 111 hi, without doubt, the best woik of its hinderer published in this country:l. and while It gratifies the New Ingland taste - for meta.. physical dlieumions, will put at rest certain great On, done in theology and philosophy-which havelOnfl,beete mooted. It overturns from the foundetlon the sinter* of Phrenology as taught by,Bpurattetal and Oorobe: , JJ• Copies or these works fermisled by mail oil to pt of the prise. . &Ago-nit - A MEMOIR OF NATIONAL INTEREST. ON 136.TIIHDAY; APHI6 90, TICKNOR & FIELDS • *ILL iinkustat liat , Ni ZAN) x JUSTICE PARgONS; WitlCHotimes ov.:Bosis Or' HI \,11.17,nra no T 0 P S P One baadionia;giai• Tid.; with a' the Pakdokorat °ter this work , Aoreet. - Chief Jostles iilirsone of him agetrogeor, Chief Justimi Pod tkjrt,r goon soknowlodsactos 0/fogy He was , 00klei!rool000t,soull'irdi siOl so i , saktilltF pin as a lawyer. GOmoo - hi Wald* „of ikb cot Otiti4 tae dip Bret time, ,i 44 ahi is lettoniontoirkioiikwlmoo'nOt, o WO; bistiiiitkii*k , okiiirvicp! • . 0W.711 , 7 AttiC.R.E.rirgrr TChilidlete ' . 4?tka et 113 Minh 1 TOl.l Blom 1140.11014. ‘1114410 atit, 176 - VE ME L TTLE,: LO 'E ME- LON e Ard !r Wade.— • This D onesunonneal and anxionsly-sipioted Snob, by the author of '., White is no* ready, and VIII prove u Interastipg to the 'carder as t hat charm; log Wry, - which has Been the most toptilir 'note' of . the , ' THE 20tm8 OF GORTGE:Tratielated frina torn; the &iglu:ma.° The Lays of the'Clavaltem. ,, , ShURGEOwn SERMONS. Volume Sth. THE OULDRIT PAY By„'Brake. THE DIARY OT LAD} HORGAN. A-, very inter eating Series of Lettere ' BEOWE., JDNES. and ROBINSON'S ADVENTifICES OE TOE, 00IITININT; Ilihrtitred. By Jobn Leech. 'VERDANT GREE N S ADVENTURES. By Oath: bert Bede, ELLIBIS WAOOGAIIOAR "Bm. 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I TANIES 'WATSON, IMPORTER JEWELRY,; &0., '' ' No. 825 2.lAltKlBl' STAMM , -•,. . • .:. - ~ ,• i "MUGU, .on -Land a full, aasoryaant ,n! Yooheron 4ad Canataitin Watthoa. ~ ' . fal...dan 10114/I.AY & C 0.,: 4 . ,"-: ' • ' ':-' - , YORMAILT ~ • '• • 1! ' BAILEY- i!‘'ItITON.EN; , i .?, , ,rotocore4 to they new Aire-proor, WitteMarble More, 819 OnESTIsIUT STREET, '11918,11 athl, lilatOW Tau iiii&RD itotrap, I :i c :".. Ni!lr ' oPiai*thel . el i all Stook of . rOßrlio Jilt/pa:lf, X. 1 4 .0111) iyAna, *AD : ; ,,„-i-. -. , , ~i mpov,Go9iii,, . . "Afb !Nok tkeyynite thestearAttosmA She viblid. HaTIR•WAR.II, *ATOMS, DIA.II9IM; 3 AND 1! -J • -- • piema, • - PI- :.-,•., - , , ~Ai- . -1.2 WNOLIWAIN AND RI AU.. DYtrif tf - torbtottre. 00RE, H.V.WSZEY Jo CO., 1 e • ill aLLRIEBT, sad 40 00)11q 1 / 1 0111 Shasta. ',,' PHILADELPHIA, • 1 ,, 114 1 , oastgat . ...fly en Sane a large' . '1 '', • HARDWARE. • 5: - ' ' CUTLERY, GUNS, so., , . Vti l l4kira oilire? ' :to SliltEES oailberal int?. 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HOBSTMANN & SONS, cm 6t* MTH ARID 011.11111 Y STREETS ItE MO VA 14, 'HANCOCK & MRN'd IUNNIRHiN4 ATOM and MANUFACTORY Ol TUB CELRBRATID RABIT RIIIRTEI, lIAVB EJIMOVXD TO No. 1026 OHESTNITT STREET. atar44m fjonge:-Surniol)ing Goo e. NESS'HOUSE-FURNISHING STORE, WILLIAM YARNALL, No: 1020 CHESTNUT STREET (OPPOSITE THE AOADERT OP FINE ARTS), WWI! Houvekeepets and °Roo, to an eliatubuitlop of do eutenelve aelsottnient of 13 11. F tr HOUSE-FURNISHING GOODS. Alio, 01 beautiful aeurorteueret of BIRD ()AGES, CHILDREN'S CARRIAGES, AND VELOCIPEDES, &0., ho. aplAufawtJuue7 THE oiLDESTABLISHED AND • liliiitlVALTaliD '110U1313-PiIIiNISHILVI ESTABLISHMENT. JOHN A.MURPHEY 400., , ,„ 922 CHESTNUT STREET, Pole Agents in this city for the new Mile Patent Chit dren'e (ilts and Oarrlages: Manufacturers and Patentees for Philadelphia of the Motto Refrigeratore. • ap2.24scilcw tf Otioc ,ifinbings. WM. JOHNS & SON, (Oncoessor to the late Joe, T. Johns,) Importers and Dealers IN anon BTIIBIIB and TRIMMING% LASTING% GALLOONS, LAMS, ate. AT THE OLD STAND, Northeast ,orner of POUBTIE and AWLS Street,. febl•Bm LAING 80 MAGINNIS, No. 80 MATH THIRD STREET, Importers or, and Dealers In, SHOE MANUFACTURERS' GOODS, And all Itlnds of Oboe Tools. . DPRIBLD , I3 PATENT BOOT TRIM OBINPINCi BIAORINBS. LEATHER ROOLING MILLI MEWING MAGUIRE! BARD, NBBDLIB. BING LIBII, MBE and AMNBIOIN BROX TURBAN fela:tnayl2 EDWIN . W. PAYNE. Importer and Dealer BOOT, MOM, and QATTUR MATERIALS, Iron NWMug, N. W. earner ANON and POUBTH Ste. LISTINGS, GALLOONS, SIINNTINGS3, PUBNOU , PATENT LEATHER .OONGIINAS WEB, TOMTIT' SLIPPER 'IMPURE, fahl-13nt) BLIO3 TUNISIANS,' LAO/15, ITO. t sitr ts . 411 _ WEDNESDAY, APEIL 27,1869. TRIAL OF. DANIEL R. SICKLES. TUESDAY'S` PROCEEDINGS. CLOSING SPEECH. OP SIB.- OITLD. a SICKLE'S ,ACQUITTED REPORTED: NIMATEK BY TEM/lElth. WASuptarog, April 26. [After the conclusion of our report yesterday, Mr. Brady Continued in a strain of eloquence for some thrio:'''lle was replied to by Mr. Oald, who hid not finished the eciurt`adjourned..l There 'ls `a general feeling of relief manifested; by the oonrty jury, _cleanest, spectators, and all concerned, et the prospeot,of arriving, 'to-day,:at a termination of tpi‘ protracted case.. It lebx Pasted that, if the =limo of Judge Crawford oh 1 the insinietioas preyed 'for he not adverse to the, Jury without the case will. be submitted be the - 1 Jury without further Ramming up,•,in which event a.verdlot would probably be returned on this; the' twentieth day of the trial. The District p ra yed resumed his argument on the instructionfor. 'He bad been widen fortng to show that the rule adopted in Manning's case wee' not a tightening of the principles of the OommOnAaw, but wait rattier in the natureof an alleviation than otherwise. Prior to that time the doetrinehad never gone, further than that - no act °Matruh or 'contumely, and *no trespass on the property, would justify the slayer-in • taking the life of the trespesser, and would not rednee the crime from Murder to. manslaughter. " The deter mination of the bench in Manninee dase was in consonance with the principles of common law loin; established. As adultery was not an assault on the person of the husband, but was only corn- Dined of the twb provocations. of Intuit and tres pass, then a regard to the .eottetrubtion .of the law, as understood at that time, would have con victed the- party of murder.• The law then, for the Brat time, deolared that .adultery was such a provocation as would reduce-the homicide from =eider tomanslaughter, 'Prom that time to this the; :law. had> , never `gone farther: - It *Mild be very nawise for courts of-justioetorelat that rule; It would overturn the .prin ci ple s of_ common law in regard to`niurder, and would establish the tiresPrin.:dile that a Man could kill another =from :me of ,revenge. 88146 c, it could not le- re- striated to be single 11 prime ofednitery, but would also hate to of tend to - the case of the defamation of a mama Wife. The'Printliple that Would allow end. would necessarily embritell the other. . e te Blackstone, where it is laid down - that no insult constitutes a justification for homi cide. • Ho epodes of Contumely,- no . species of mere trespass, and no combination of the two; had been resoituisedj in either ancient or• modern times, as an alleviatiOn of the crime of Murder to Manslaughter. • Merefereed to the 'ogee Of tried in 1804, where a Mail Shot another who was representing a ghost. The jury brought in a von dictof manslaughter, but the court refueled to re.- °sive the Verdini ansktba Juryr retired again and brought in a verdict of guilty,' These principles hid been uniforml recognise and aclo In this country. He r e ferred - to t d he ease tifßyan: 2 Wheeler,- 441, and recapitulated the oiroumetanoes Of that wise aril the rulings of the court. The la* there lad doWn was the law which, the prosecution here recognitted, 'and., the taw by, whit% they were —ready to- stand. If the' 'of the defence Were' true, Well adtiltely Watt a ',NaII64EIM the ju dg e Well as a prefodation, how cOuld leartied in Ilyan'a case have said that the oirdametanceS there might constitute the Crime dr murder; Cr constitute the Mine of manslaughter? ' There was an entire uniformity r of judicial interpretation Magruder. ribs htlantsitted ,on a t 'gal pro • , • tuthe , ealot:-, died 'td support that theory, tlia,guristionlfas, *hat lionittittlted the , prod of adultery. `'Bnt'the question here wee , what , cfraistitnted iiroof. of :tannery, but what constituted proof of " in the act of-adultery. There - could pet be any prelimato faet With regard to •thdt. There was but Sno method of protitig tt. The proof must be that the party found was totrprised lathe sat of adriltery. The waling of the itandkerellef and the deem patina of - the house in Fifteenth greet, might tend abpw that in this case adultery was committed, tint they did'otit tend tp show that the parties were fdtind'? in tile act.: If they Ware,then the law says the hOmiaide May be reduced to idanelaugbtpr ; but if the husband pursue the adiifterer, and slay him cut of • revenge, it is murder. The very phraseology of the, rule showed that it was in tended to apply to the proximate facts, as to whether the party was found in he eat. The coun sel for the defence had contended, that even if the wife bad consented. sti ll the adultery was forcible.. He asked then, and he asked now, whether, if that were eo, the distinction between the rape and the seduotion WAS not obliterated? If forcible, it was rape, and if rape the defense bad wasted all their thunder, for Philip Barton Hey might have been indicted by the Grand Jury, and visited with Condign punishment. " ' He understood why the defence had started such a theory. They knew that before a Party was jes titled in Using a deadly Weapon, the aggressor meat have used actual force, otherwise the killing would be aggravated murder. Hence the counsel for the defence had striven to show that every act of adul tery was necessarily an act of tome. That, how ever, was neither law nor common sense. There was no foundation for such a theory, in nature, in morale, or in law. It had been set upby the other side that adnltery was maium in se, and that the protection of a right was never 'an act of lawless violence. He held, however, that the party is limited by the law to just that degree of defence of his right which the lawlives him, and is not to follow hie own passions or desire. It is the right of a creditor to have his debt paid to him by his debtor, but it dose not follow 'that he has the right to take the law into hie own hands and commit an Raman and battery on his debtor. The law limits the resorts which a man has for the defence and maintenance of his rights. The last ground which the defence assumed was that this case stood on the great doctrine of self defense. flair-defence against what? Did the principle of self-defence apply to past transactions in any sense? Such a theory exoluded all the past and all the provocation, and steed upon the right which the injured husband had to protect himself in the future. When the injury is consummated against a man, all his rights of self-defence are ended. The law of self-defence never, therefore, applies to a past transaction, and can never be confounded with the law of vengeance. Where that dootrine is properly applied, his Honor had deolded thatit was not material to show that there was statist danger, but only that, the party supposed there was. To extend that principle to this ease, it would follow that whether the adultery was ever com mitted or not, providod the injured husband sup posed it was, then if he sallied out and shot the person who he supposed had injured him, he would be - justitied. That, said the District Attorney, could not be the law. Society could not exist on suoh a basis, and human civilization would be an • impossibility. . It would follow, as an inevitable consequence from this—where the prosecution cannot go into the antecedents of the party—that the prisoner himself may be stained 'with corruption ; that throughout the whole course °this life he may have preyed himself totally regardless of the calls of duty, and insensible of conjugal proprieties,' that, to use the language of my associate, (though I do not mean to apply it in this case,) he may have been bred in brothels—nay, that he may have of foredhis own wife for a price to the vary man whom he siew—and that all this"cannot be given in evi dence before the court and jury. ; but that under these oireumstanoes, although he may have commit ted an act of homicide, he is to be justified on the ground of suspicion.. All these dictums, these heresies, these aber rations flow necessarily and correctly from the doc trine of self-iefence, as applied to the ease. On this point of self-defence, he would refer his .Honor to the case of the People vs. Shester, 4 Bar ' hour, p: 460. Mr. Brady. That has bean overruled by the Court of Appeals of New York,,as reported in 24 Comstock. The District Attorney would refer to Comstock to sae how far it overruled the ;case of Barbour. He referred to these authorities, and also to the case of the People against Dove, let Manning's Michigan Reports. Was there, he asked, any danger of bodily harm to Daniel E. Sickles at the bands of Philip Barton Key, at the time of the homicide ? If not he put it to his Honor and the jury, that the pr inciple of self-defense did not apply. Nay, more : if Mr. Sickles believed that Mr. Key was -then and there proceeding to his house for the purpore of committing a felony, much leis a misdemeanor, the principle of , self-defence could not even then apply as ajustifteation for the taking of human. life. It had been said by the . defense that, unless their doctrine was announced by this court, and sustained by this jury, the doors of the people of this District would have tolls closed. Standing hero, said he, not as a public prosecutor, ,but as a private oltizen, I, on the part of the peo ple of this District, denounce the doctrine that the protection of the wife or daughter's virtue is to be found in the husband's or' b'rother's revolver. It may do for Other countilee, for ether climes, and for other religions, where the law of force, as ap plied to woman, is carried , out in all its violence and wrong. . But in a Christian community, where woman ie ennobled And dignified and, elevated by Christian law and Christian rule, the true and only protec tion to female chastity is to be found in - the we- ,irwt) CENTS.: . • man's own yirtuei".and hi , her 'oien-'etteranter. , 8 tronger, thanbam and bolts; the dub of siokiatilt virtue isailiziokas ilnillightsdrig, and "esti' re; far inoreeffenthal is it for silencing ledneem or re; vellerain Lideitiommesirthin nDerringer bi a=re. solver: Xi*" pure woman; necessarily and by the gift of Ged;lis'Olirlithili neinmiinitink armies that weapon alorilwithlet: `%eraisno iiedutierineirit; 'loin, I carer of from Whinebeeenies:Lor 11010 'hi may:hive tr ed himself in' th e artenteaddetion, Whe'dOes ithis ihoatingof that Wiaproiforche ' solitaiy, : -.s.- I think,..o4 that the wietratis i 4 and tom . Mir land haven aureriiiMeitien thin the pistol 'CiAlia bowie-knife:' - Bad indeed would be their rabilflt wank not se. - I,lf,ti *ere' AA 80, one-belf 'of thfirnitole LeommatitY sidnid" not use a weapon, andf,the otherhatf, would use it'svrone fully , nod im p roperly : ',The, spirit ed .i i rtne God' haa implanted inetheVretunnleal'Ar.t; tells lser,ree if .b,y the nub otliehtning,:: Whet ,arir the' intsm: Mine tOWaideberOra map, athatharlthehrableer - dishaniwable;:sindifite bat but tti'irsor,"thenne'sng. meat, this gift whhthHod, in hie, betierelenoe and „bounty,' has giyen hot thr the pumice , orallerosingc and- stifling,. net. id'-death, •butlin theme to the proposer, every offer ilte9rinsiditanir_ibe slightest tetiolrof, oontantination%or‘al ' insult, -: It- is found everywhere.' ' "4:14,s Miele enry_ wbieh - adonie a female brow,-,anictheds; ..t, lewd. and - lmpy light alike nn th Olsktnsi and , ' '',.tiaa 44'1800. 7 A tstands there MX4 iroteetOr`of*Orifsi_;-: th otigh the husband mar IwOrdistant ',IPITIVIIf,,away froth homeOvltli.hiapOteetinffSeliti; I ,4thinwi' ready to reed' at ' a 'inocatintotud,th: iitar:: tunny,- the , adaaitoe- of,-=erery, slimy 'repretwittil• nthe,..'_ under., the guise, Whether, of ( filemdshiP -or fraud; walks into, thelmuse of purity for the puv, pote of "denling,one,of, italumates• .Iliejery mo- merit you . ring the lasy of force 'for, thst - purpose of protecting female holsor,:that moment ion sae= rifles female honor: If it 18 to - be proteeted by Ihti sword , . the knife' or the pistol, it is unworthy of Prelettiolt• ~Unless, it bethat God-ennobling nobility in end o f itself, and unless it exists of „itself, and for itself; it 'is unworthy to be cherished or known. The, history. of •the world in pest times had ;shown that to, be true. ;Go beak as far as, you Veal , end trace history from the earthed, datesdowa to ' the present —examine all the eras 'and all the peoplee, and I say that it stands out on' the • pages; of history, at, all timed and throughout each of its Instr.*, as the' fixed and recopied truth, that wherever: woman, has been left alone to the vindicationof her oyre virtue, and wherever man has kept the.;contiasP, stating hand of violence she her,-for_ homerpupO oven of protecting her, she has ri s e n in purity, God.ennobled and self.vindleated.. The - great God, of Heaven has laid his hand with isonseoration and blessing on the fair bead of virtue, and: when the virtuous , woman 'adages _to be-her, own Pro-, 'teeter and her own guardian, by force of the,power whieltGothas 'given ;to her, she; and ber „virtue I both sink into the duet, and in its stead ;rtes: the crest of murder, and of violence, - Of :wrong; - and of debauthery. • , - . .F : • ,f.' : '' ' ' The:learned gentleman (Mr. Stanton) lad 'veld that when shelawdoeinotor'oeisitot give redress it is left to natural right. It is hot' necessary, to rebut this position, althnugh.we think it•eould be successfully rebutted. It dertainly gives no right of vengeance: In the 4th book of _Blackstone, p , I d, the doctrine on which. this,defence seems to'rest 'is utterly exploded by 'this commentator. The theory of, law is (andthls is not contradicted) that every man is presumed to consent fa - theism's of "soolety, which are made in behalf of society: The. jaw punishes reorder, built is said it doss not pro- I perly punish adultery; therefore; a man may sayl am remitted to my original rights for pontshing where tits law does not inflict punishment. ,mi. , is manifestly en absurdity.. According to the dreg theory, it is man's duty to acquiesce in such laws as are pesitivelyznado There is a positive law of this conimunity with regard to murder: • Accord ing to, all 'rational theory, :this Prisoner has, as sented, or - Is'supposed to have - assented, to that enactment. .He is prohibited 'from committing murder, and although the law might not have Spa, eine punishment for adaltery he is not, therefore, privileged. to supply ouch defect.. Although` he may have a right to punish; he,haa no, right to violate another-provision. -If he dam,he'becomes a wrong,doer,, although he may here a right to minim wrong, yet he has no right turas - dress it by an Infraction of the humancompaot into which he has entered. - Having endeavored to answer the argumenti of Mr. •Stanton, the-District Attorney proceeded to notice those of Mr. Brady.- He. understood' him 1 as contending that -the jury are the -judges of the law, as well as of the facts. But the administra tion of the Jaw is divided into three different 86m; partmente. The judge has his funotions, the jpry have•their•funotiona, and the _Executive his. Who wears tti a gladfs jusiicssel . If he (Mr . Otild) had read the law aright, it was for the court to paM tin all nuvitione of law. It was , for the jury to pans on all enestions of fact ; ' and the , duty -o[ the E reoutive,under • the' Oonstitution!otthe'Velted- Btatmr`to, decide on the propriety ofludieting the Installment •• These funotiorot _are 'operate Ind • diathust, and.when one trenhhes. on- the other, a usurpation is comutitted. ,The gong ,bas not only to decide question, of law, but all the law which , belong; to the case,' it,mtlae, no ,matter.whether it I be civil or 'criminal law. -The very moinent_it be.: I comea - equestion,of law It beosimethneoutt, to dial I 'O4P it:.' , Xt. bea'amee•titaluvriO•lin&tbe fade:end, , , • i¢ , an _ „ea laieleld 40.wiv.41: - thet-emart.,..l issipa • Will, • oeoling, .crisis, e 104 in this.stmmeatn..-.--- Glow aro 1 to it to It 14101 - 14,Said.', , WMI 1400gatied , all'AditrOnig this Distriet, from etheCranehe in which wattera. bodied the ,rernark pf Jedge Story; .that it is the duty of the court to inetteet the jury se to the law, and the duty of the jrary-befollow' thriFfiew .thus laid dotter. The District Attaineyhad stated what are-the fteeetions cf the courtandjaryei , In addition; the Constiration of.the 'United' States has imposed en. the ',President ei:eettain duty to perform - in cannel:time , with 'the adutlaistritisin of publics jetties namely. the pardoning poirer. I This, by tile true policy of theism, le given to the Chief Magistrate for the °einem' purpoee of keep. ing the court within its facetious, and the - jury• within theirs; also, erittethe View of preventing, gross and aggravated -injustice Iron being pirpe-, tratod on 4 party underthe forni As the. circa:B.BE3=es of this ease have been referred to by the defence,: he would sey, an reply, - a nietole was - found. His learied and dis tinguished friend, Brady,', inquired- to Whom did it belong, and who used it? elle "(Cold) should not pretend to give the answer. He would let the witnesses speak. Mr. Van Wiek - said- he saw a I pistol In the hands 'et Sickles 7 Mr. Read,' the clearest witness, whose statement seemed the most coherent, said -he mica pistol in Bloklea' hand at the very spot ; and farther, that he saw no pistol in the hand of Key at the' time. Not only had Key no pistol at that timeebut bad none at any time. Not a solitary witness stated any pretence of the fast. Who, thee, had the pistol, and who I fired it 7 To whom did it belong It mast have been the man who was seen to have a' pistol; and not him who had none at all. In the tame eon. 'motion it was asked, why not prodieevritnessee te show that Mr. Key was not In the habit of e going armed? Was it incumbent on the United States, to show ho was • not in ih e habit-Of going. armed„ when there was no proteneelhat he was armed at all? Mr. Brady. You have not 'forgotten that we offered to show that Mr. Key said he was =timed for any emergency, at the same time - placing his hand on the breastpooket of his coat. District Attorney. I am speaking of the teen ,moray in the - ease. His Honor's ruling was that that did not shed any light on the 'question, and was immaterial. ' Mr. Brady. But I understand you new to say that there is no pretense that Mr. Key was armed. I pretend that he was armed. The District Attorney_ explained that he spoke only of the testimony. But If, the gentleman wanted to give erdenee to - the. jury to show who , used that pistol, Why did not the defence summon Mr. Butterworth? • That the defence complained that the prosecution did tot ,produee the friends I of Mr. Key to Ripe negatiVe proof that the di ceased did not carry arms habitually, but why did not the defence itself produce that friend of Mr. Sickles who witnessed the Whelp Manes:4llM, and who could say positively who it was that used-the pistol in question? The distance had alluded to the ease of Mingo, but that was a case of mutual combat. Mr. Brady. The question there • arose as to Iwhether malice should be proved, and Judge I Curtis ruled that under all the circumstances of the case the responsibility devolved on the pressen , tion to prove-malice. He contended that where 'the prosecution failed to give evidence as to the I controversy between the parties at the moment of the homicide the jury should' acquit. ' The District Attorney replied that the plea in Mingo's case was a plea of self. defence, and that that Ares so sustained by the evidence that , the judge had the impression that it was a case of self defence. Brit in this case the defence wait put upon the tone that Mr. Sickles intended , to kill Mr. Key, and that he wail justified in killing him. The coined for the defence had argued that the cooling time applied only tomes 'of mutual com bat, and that, this not being a ease otmutual com bat. the prim:is:led cooling time did not applye t _l, I Mr. Brady. Cooling time as to the adultery:7- District Attorney. It seemed to be a !Arsenals sum" in this case that there was en hetentionte kill. Now, he hold, that where there was an in; tention to kill, that is a proof of melee ; manse and the intent to kill, Were;in oases where there was no mutual combat, one and the same thing. If the defence claimed; the exclamation' of Mr. Sickles as a proof, !stale moment of the homicide,, that there was no malice, he asked, could not he refer to that other declaration, wherein the pri soner followed , up the first exclamation, by the question: "Is the damned villain dead?" To' his mind, that inevitably proved malice. His learned friend, (Mr. Brady,) in one of his airy wheelings, had said that if Philip Barton, Key could be put 'linen the stand he would say so and so. I would to God, said the District Attorney, that Philip Barton Key could be put upon this stand. Per haps much that it now dark, much that Is now covered. eivith gloom, much that is not flow understood, could be made plain as ,if by the flashing ,of the sunbeam. ,Perhaps tho gentleman: himself, (Mr. Brady)' might. be put in possession of tests of _which he does not now dream; and which he does not now believe to exiat. It might show a very dlfferent traniaatiOn from that which has been painterby thi Mildews. The only party who could :array feats in his de fence, or in his behalf, has been financed in death; and the testimony, whiehmight have been addend for the ,purpose ,of Niedicating his character la unknown, and unheard II" Therefore, so far as he is concerned; it Is the same as if that testimony, had never existed. He might have shown, per haps,lhat although sinning himself, he was sinned against e . eilitititietead of, as has been charged in this case '- his entering into the house of his bosoni friend,' foe, the purpose of wronging him nate: lignantly end violently, in defiance of di the laws of God and man, and 'of the sacred obligations of friendship, ho bitaltqf was (seduced. by the temptations repeated and continued until those higher moral bulwarks, that should have supported his character, gave way beneath" lee reared shooks. I saf•not I whether it was so, or was not eo. The only party4hat could have had non= re"coOitasirostnagm, —,-,16047,-•,--• .i,1 , , ,,- 24 , ' ' ism Wolof t i 4l i llo4 o .,s : :t -4 2A '- ki'• , - drint 4 114n1-4,”14,R4 itIL. " 4 of *rm., laikovibtirow ' 'Et-, *I i nft' s kT; ild 4 # *4* 4 P4l ist O f ~ Vl:b` " , W t akl At 0rftir44 1011 ,P 1402141/o * /* "s is iaikOW Shtelll* sim*Fitlgilitlit . 11 / 7 0 4 1 lallat ill"alithikWitdeollSall* the introwi'sei ea ttilk 0100,1am. 44011.1"4 " . of Portl4ol4ccmg*rag; l ik Otathatimbewafito Jai t!ths , i) . •rrigye: ;1 ,. - , =ECM e ?, • 114: inleigieltflatlrvideasse - Yore , -said . b-bliCrltarOter pdr.ifiretlyriqrhlS /fishnet Miramar Will, reed- - • lect that wginferidthyrovii, tic owir - deelaratlonl , ' - that - this - Aro ninifethildsiankiltatl* steed nil parebtal relitionittober..fc - ~; _ , , Tne:BistriotifAltorlifyinadtrioreplyiinfi pat - sued:thin -point rrieifurther..,,LTherikwai, but one other liodtion towhiedilie - weind - allicisk and that was the commetionnf iledgriesifon Withtheanity.' The matter of Insanityluutheen flagnantlyiuder the- onedderation of , title ; ocurt;:anitilie Prould, - tbererot_ *imply sethrth some of 'the' doetrines wind; with Vest eoleirmity wid - mitheritil had been given - at other times, hearing on' th e gelation now under dissuasion :. Be. would- refit_ partion - laxly:to, the Apinlon rendered by Olin: twelve judge" in England irithellfeNaverhtenesse, in re- - pones to certain- guerielProped by the Howie - of Lords—that - theithethion el - rendered by Chit Justioe .Tindall-;•ppeeivedjthadin only of:dasses:lnn- of , judioial,learning.--'• The mg mood reasi-somei of the queries: eat response", - commenting upon themes -he prosiendePand. re ferred ,to,,onver, Nathaniel ,bearing, on the same point, among them to Chief Justice Ifornbiower's ruling Ist lipemenesonee, looted inArbszton's Orl ffi e had.desided :that it was not neafem4y,The tiler linited - fltsteates; Illitsinity Of !thit - neensd.,:-Thia4desiof insanity tax in,-the, notnitninti inigieeld a defence ; nay, in a Were of Om *nifirsehi ar g nnd-av,oldanoe. Alta! athelleths thrisnalita , ,g-sitith,bo :prima to 41 th'eatishotiester thejayiortaiadt_dma brought :- sealant ,itinarried , wouven;jah and. finatti, ime6Hd e ld h i t t irS i egthairdirofithlatttletifithan er r plea, thi-ithfigt/Plasekf-irt; against her; Mr. Brady. Mow Weald t Arerieral ismie Was on vecoritr,-,_. Parfet Attorney. - 42bils ifthettag.,eannot arum si pion of ti except on onfeedonand *Adams, and that admits the. plaintiff's Mule. Bo aplooof in sanity admits theinthrile , •,_• - • • ' Mr. Carlisle. , The confession atangewithent the avoidance. District Atterniy. would not put to his Honor the argument_ es te- the felinity with which insanity-may be simulated or thigng, and how wrong ft ,would bettnettheporty,aeoused this &snipe thsrii"tpunislinant which, lihr crimes should bring down on MO guilty biol.:, his prlioner lieving, , tnnin,breaght into court, from which liehaa beenthuipoiscilynbessit, Judge Crawford proceeded to addrosalliejitry.., GIMOOMOD of, the Jury.. The, comet - is waled to give .03 the jury certain • inatrigniota;yrbsther - on the part of the-United /Maths or nn the pvircof the The flit indnintion _asked .thr by , thsi;Trnited States is in these worilit :If thelnly. beihnre t from the eildenee izi this - whole einme,tthatthe prisoner - en the 'day named Ia the bediecineektand In the • _county of lirsithinigton - eforemlikkilled - vthe laid Philip Barton 'Hey, by elfeehaegiog i A , against, and Ito thahody or hint, the said - Philip Berton Roy, " a - pistol or• pletels,,loaded,-,with4upowder and hall, -thereby giving him a mortal *maid or wounds, and, that such - killing wasilhawilfuland , intentional eater theprisoneri and wee iodated by the belief that the said d"ew"ed la& seduced his_ (the Primiler's) wife ; and. on some, day or days, or for any, period; definite eirindefintie, prior to the dß*, of arieh killing,; had idultermis inter oontinewitluthe said wife, and that the. Psitleass. was not provoked tosiuth nilibg by,anY Semite Of offer of violence then used and . nail made by the;deiessuid,niam ,agalnst then stab wil ful and intentional killing,. if - found by thejory, upon . all the, fasts. and' st l rorldisialialCilierth to o vi demie; - lethdrder.. - Ant such Ming , eatinot be found to have 'bona- wilful-. and intanikinal In the these of this: instruotiMs, if -it -shall learebeen - proven to' tbei estisfaetion.or the lury;-upon the whole evidence, aforesaid, - .that the 'primmer was in fast insane at the dam orsueli . This infatuation embodies the law of this-else on the partionlar bration of_ it to width it relates, and is granted, with some explanatory remarks as to Weal% with a referent* to which:the prayer • A greet • English judge hai said "on : the trial of Oxrord, who shot, at the _Queen of Armload, '9 Carrbigtonend Paisie'sitigeorts,p4s33,'B Motif the prisoner was• laboring , nadir some oontrifillng disease;"-', which -was." - In troth the acting power whioliheimuld not resist s _then he will - . not be • - , -„ Andagoth:-,"The question -is, whether he was laboring tinder , thatAgatenes :of insanity whit* satisfies you that he woo gait, unaware 9f the no tore, character, and oomieguenee or the act he was eonimittleg ;, in eiberwerds, whether he WM under the influence of a diseased mind, and , was really anoonsoions at the time hewas committing the sot that it was a orline. , -!: -Jr A slum is not to be ex- - onset fronitheponsibilitv.lf .he has capacity and ressongullielentici-enaele- Maio distinguish be tween right-and.wrong, as I. the partionlar get he as doing ,-a knowledge -and oonselosisitee - rthst the 7 sot he Is - doincle :wrong "void arbitheal, end-wilt subject - him - 4oliviniefulienti- -In-order, re-' sponeible,kiMusthavessaftioleatpowere Memory to reaction the ..relation. -in' Which Ani :steads to others,c to :whichthem .land terldest;- , that theta* Wig isnot* WetitraryteOtheiwleht-die natictofjantioliimitighttinjytkiattnothentand vioistioniettheiliolitesitdaty , r,:i.4loal l 4ol o atri, ryodtbongkbevapybeibibarlegrundwrievigtfid VOW_ -.1f1,-..aitqtAßgostsamaitatieriamsaair- TeeOMJIMMY urbi — ari4_ ports - , 1)141 to SOS ; :.--4.:c.q2 • The mama and_thiviinstrustious lek*Whr by geetretsl3ollto will amneerei tooth*: They are In theotarords "If the jury bellemdfrocethe evidesse alit the dummied seas kiffetby the primer: by a leaden. bullet, discharged from a iota, such killing,: im plies malice in the law. - and islnnrder." - • _ That the burden of:abutting the preaumption mange, bydbowing drool:notarises of alleviation, excuse, orjustideation,.rests en the prisoner, and it is incumbent on him to make • out such eirettm stances to the matiefaction of the jury, unless they arise out of the evidetue prodimed'aranst him." ' Both these instruetions are granted. . The fourth hmtraellon asked for by the United States Is in these word' : " That every person is presumed tube of sound mind :until the contrary is proved, and the burden of rebutting Mil Pre' sumution rests on' the prisoner." 1 Thie,prayer of, the United Stated is - answered by prayer "eleven . „ of the defence. __.•. The fifth Ina tnation askid,by the United Stites is in these words; "If the jury balky% from - the evidence, that the deceased, embus to the day of hia death, had adulterous intercourse with the wife of the prisoner; and farther, - that . the de ceased on the day of his death, shortly before the prisoner left the house, made a signal, inviting to a farther act or cote of adultery, which said sig nals, or a portion of them. were seen' by the pri soner, and. that; Influenced by soh prorooation. the prisoner teak the life of the de c eased, Knob provocation; ad - not justify the set, or reduce such, killing from murder t• manslaughter." Such, the court thinks; is the. law, and grants the instruction.. - , Now we pone to th en asked.on the part of .the defence, - the drat of which :ta in these „words : " There is no presumption at Mallet In 'this cake, if any proof of" alleviation, exeunt, or justification' arise out of the evidence far the prosecution." - There is, gentlemen, a legal presumption of 'se llout in• every deliberate killing, and the burden of repelling it is on the slayer. noises evidence of alleviation,itigation; _ excuse, Of justification arise out of t he evidence adducted 'against. him. The alleviation, mitigatiera amine, or Artifice'. 'don meet be Such as the law prescribes, and with in the limits already laid disdain the instructions given you.. . The second instruction asked for by the defence is t " The existence of mattes is not presumable in this case if, on any redone' theory consistent with . all the evidence, the hemiebtowas either jristifta ble,execuable,'or-.aatof ,menalaughter.-', The answer to the first' prayer be' taken; in oon neotion with this, response to prayer No. 2. 'lf, upon any,oonme of reasoning confident - with all the evidence, " and the law, as hid down by you to the court," and the rulerly which it In ascer tained, what is - the legal provocation, what is the justification or excuse, you should come to the conolusionthal there was sunk justifiaation or ex cuse, or that the homicide was manslaughter, then the presumption of matins, which every killing of a human being involves, it met. You •will recol lect that manslaughter_ is the' of omen without malice. • - The third prayer on the Part of the defense is, "If, on the whole avidness presented by the pro secution, there is any rational' Anerthede consist ent with. the oonelnalon th at the homicide was justifiable - Or the defentbintcenter be convicted." The answer given to prayer number two is an inane to that. - The fourth - prayer is, "If the jury. believe that Mr. Sickles, when the homicide occurred. intended to kill Mr. Key, he cannot' be convicted of man slaughter.".. This instruction thetourt declines -to give. Manalauglder.onsd , moat - fre quently does.authigtarbeie"thiht*.iiidlitided to destroy life3ittinder airduniataxiceeirhlahredStoss the otgnee; • - _ • , Thififthprejer is in these words; "It is ft V. the jury to deterinine;under all the circumstances of the easi, whether the act charged upon Mr. .131oklei is murder orfustillible homicide." Neither can this instruction be granted: To the jury belongs- the decision of matters Of fact; to the court the decisions of matters of law, which it is the duty of the jury to receive from the court, and, ',from the evidence and the law applied 'o the facts it is the province and legal right of the jury to return a geiferal vet** of guilty or not guilty of murder or manslaughter. The sixth inetruotitin,forthe defence: "If the jury find that,Mr. Sickles killed Mr. Key while the latter was in "orircithat intercourse with the wife of the former, Mr. Sickles cannot be convicted of either murder or If this prayer refers to actual (existing at the moment) adulte rous intercourse with the wife of the prisoner, the slaying of the' deceased would be manslaughter. And by existing adultery, I do not mean that the prisoner stood by and witnessed the fact of adul tery programing, for it is easy to surmise the ac tual fact to be established simultaneously with the killing by other evidence, in ported consistence trith the law ;, for instance, the hurl:md saw the adulterer leave the bed of the wife, or shot him -while trying to escape from his chamber. 'lf, howevpr,,a day or half a day intervened-between the conviction of thchusband of the guilt of his wife and the deceased, and 'after the lapse of such time hetake the life of the deceased, the law con siders that-it was done deliberately, and declares that it is murder. Vide Jarboe's case. , The seventh and eighth instructions can be answered together,' They are as follows : It, treat the whole oddities, the jury believe that 'Mr. Sickles committed the sot, hat, at the time of doing se, was under the influence, of a diseased mind, and was really nneonscions that hawse committing a odds, he Is not in law guilty of murder. - "-If the jury bellevethat, fron'any predisposing cause the prisoner's mind was . Impaired, and at the time of killing - Mr. Key, - he - became, or Mae mentally tioapebfe of &Inning himsef - bronco to Mr. Key, is the -debauchers at his wife, ,and at the time of his committing said set was, by reastkii of suokelitise, tiloOlgiolottistitat he Isail otra • •,. . 1